{"members":["Haynes","Kapoor","Manheimer","Mayfield","Smith","Wisler","Young","Mosley","Kilgore","Roney","Turner","Ullman","Hess"],"items":[{"d":"2020-01-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on December 10, 2019","desc":"","c":"Administrative","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-01-14","mt":"regular","id":"II-B","ref":"ORD 4786","it":"ordinance","t":"Ordinance changing the posted speed limit along several streets within the City of Asheville","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits. - City staff received requests from citizens to consider changes to the speed limits. - City staff performed appropriate traffic-engineering studies along the various streets. - Staff will bring speed limit changes to City Council on a quarterly cycle in an effort to improve the efficiency of the approval process. - West Haywood Street, from Park Avenue North to Roberts Street will be changed to 20 miles per hour. - The following streets will be changed to 25 miles per hour: - Asbury Road, from Wolfe Cove Road to Bassett Road - Bassett Road, from Wolfe Cove Road to Spooks Branch Road - Bearden Avenue, from Cumberland Avenue to Montford Avenue - Briarcliff Drive, from SR 3503 (Overlook Road) to Stancliff Drive - Buffalo Street, from Burton Street to a point 320 feet north of Ohio Street - Cameron Street, from Arlington Street to NC 694 (Town Mountain Road) - Creasman Place, from Selwyn Road to a point 550 feet north of Selwyn Road - Elizabeth Street, from Broadway to Cumberland Avenue - Fawn Drive, from Briarcliff Drive to Oakwilde Drive - Forsythe Drive, from Woodrow Avenue to North Street - Hampstead Road, from Manetta Road to Country Club Road - Hilliard Avenue, from West Haywood Street to SR 3548 (Clingman Avenue) - Oakwilde Drive, from Briarcliff Drive to a point 650 feet west of Stancliff Drive - Selwyn Place, from Selwyn Road to a point 300 feet north of Selwyn Road - Thompson Street, from US 25 (Hendersonville Road) to a point 750 feet north of Glendale Avenue - West Haywood Street, from Hilliard Avenue to Park Avenue North - West Street, from Forsythe Avenue to North Street - Windswept Drive, from College Street to Alexander Drive - The Asheville Police Department concurs with the changes.  Committee(s): - None Pro(s): - City staff has been able to respond favorably to citizen requests. - The new speed limits will be consistent with streets of like characteristics and design. - Based on the 85th percentile speeds, most drivers would adhere to the recommended speed limits on these streets. Con(s): - None  Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the current operating budget.","c":"Transportation","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-01-14","mt":"regular","id":"II-C","ref":"RES 20-1","it":"resolution","t":"Resolution authorizing the City Manager to amend the existing repair agreement with Safe Industries","desc":"Background: - AFD Truck 9574 was involved in an accident on 1/17/2019. - The contract for the original scope of work with Safe Industries for repairs was $78,636. - During the completion of the original scope of work, Truck 9574 was discovered to have frame damage. - Truck 9574 was inspected by a KME specialist, and it was determined the frame could be repaired instead of being replaced. The cost of these repairs is $39,354.86. - The contract amount will go from $78,636 to $117,991. Vendor Outreach Efforts: - The truck was manufactured by KME, and purchased through the regional dealer, Safe Industries. The repair is being performed by Safe Industries, as they are the only KME repair vendor available to us. This allowed for original KME parts to be replaced with the same manufacturer’s parts.  Committee(s): - n/a  Pro(s): - Allows for Vendor to be paid for work performed. - Allows for Truck 9574 to return to service, which will help AFD be prepared to meet the needs of the community. Con(s): - Increases expenditures under the contract. Fiscal Impact: - Costs for these services are included in the General Fund fleet allocations for the Department’s vehicle repair and maintenance activities.","c":"Public Safety","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-01-14","mt":"regular","id":"II-D","ref":"RES 20-2","it":"resolution","t":"Resolution authorizing the City Manager to enter into a construction contract with Austin","desc":"Background: - Funding for these project upgrades were approved as part of the voter approved 2016 General Obligation (GO) Bonds and will allow for the replacement of outdated facilities including paving and sports field amenities. - This project will improve the appearance, usefulness, and safety of facilities and are consistent with the department’s Parks, Recreation, Cultural Arts Master Plan adopted by City Council in 2009. - Seven bids were received and opened on December 12, 2019: - Austin Construction & Grading, Horseshoe, NC $196,332.83 - Allison Contractors, LLC Hendersonville, NC $213,308 - NHM Constructors, LLC Asheville, NC $228,491.23 - Construction & Landscape Service, Inc., Marshall, NC $285,167 - Owen Joseph, LLC, Arden, NC $305,673 - Appalachian Paving & Concrete, Inc. Swannanoa, NC $313,000 - Patton Construction Group, Inc, Asheville, NC $330,170 Vendor Outreach Efforts: - Staff performed outreach to Minority and Women-Owned Business Enterprises (MWBE) through solicitation processes which included posting on the State’s Interactive Purchasing System, targeted outreach with the City’s Business Inclusion Manager, and requiring prime contractors to reach out to MWBE service providers for subcontracted services. Austin Construction is not a MWBE firm and will not be subcontracting with a MWBE.  Committee(s): - Recreation Advisory Board (November 10, 2019) - project status update Pro(s): - Addresses needed infrastructure and safety improvements and delivers on ballfield improvements identified in the approved 2016 Bond Referendum. - The facility will be under construction for eight to ten weeks during the off-season to minimize impacts to programs. Con(s): - None Fiscal Impact: - Funding for this contract exists within the approved GO Bond Capital Budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-01-14","mt":"regular","id":"II-E","ref":"RES 20-3","it":"resolution","t":"Resolution setting a public hearing on February 11, 2020, to permanently close an unopened right-of-way","desc":"Background: - N. C. Gen. Stat. sec 160A-299 grants cities the authority to permanently close streets and alleys. - Nettlewood Assoc LLC has petitioned the closure and owns three adjacent properties, 36,49, and 50 Peachtree Road, PIN #s 9656-10-0853, 9656-10-2829, and 9656-10-0957. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future.  Committee(s): - Multimodal Transportation Committee - October 30, 2019 - Recommended closing the right-of- way Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources.  Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-01-14","mt":"regular","id":"II-F","ref":"RES 20-4","it":"resolution","t":"Resolution authorizing the City Manager to enter into a lease with Pulliam State Bureau LLC at 9","desc":"Background: - The Asheville Police Department (APD) is currently leasing space at 1 Pond Street from Skyland Fire and Rescue Corporation. The building is being sold to a new owner and APD’s lease expires in June of 2020. - The current facility does not meet APD’s needs and a new location has been identified to serve as a South Asheville Police Resource Center. - The property located at 9 Walden Ridge is a former N.C. State Bureau of Investigation office and includes private offices for supervisors, community/roll call room, work areas for patrol officers and ample parking. - The owner of the property at 9 Walden Ridge, Pulliam State Bureau, LLC, has offered to lease to the City for the following terms: - Lease Area - 5,941 Square Feet - Initial term of 5 years with two options to renew for 5 years each. - Lease rate of $13 per square foot, which is at or below market value for South Asheville, (approx. $6,436 per month), with the City responsible for its share of insurance and taxes. - Escalation applied only at each renewal period at a rate of 10%. - Landlord to perform routine maintenance and repairs on outside walls, structural portions of interior walls and pipes, ducts etc. that serve the building. - The owner of the building has offered to make improvements such as the removal of unneeded equipment and the creation of additional work spaces to accommodate APD. - A lease is preferred to a purchase of property in this case. Long-term capital and space planning is needed for a permanent location, with a potential to co-locate APD with other civic services to serve South Asheville.  Committee(s): - None  Pro(s): - With respect to the overall location, layout and functionality of the space, this property provides an improved work environment for Asheville Police Department employees compared to former location. - The new space can accommodate more personnel to service the continued growth of the South District. - This space provides the option to off-site some APD units currently working from overcrowded conditions in the downtown Municipal Building. - The property is well-located for a South Asheville Resource Center, with good proximity to the service area. - The new space has capacity for community meetings and interactions, which is currently not available in the existing space. The location is accessible via Asheville Transit and is within close proximity to other retail and commercial centers. - The lease rate and terms are competitive. Con(s): - None Fiscal Impact: - Existing funding within APD’s operational budget will cover the expenses for the remainder of the Fiscal Year 2020. Thereafter, funds will be budgeted in APD’s base budget to pay for the lease expenses year over year.","c":"Transportation","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-01-14","mt":"regular","id":"II-G","ref":"RES 20-5","it":"resolution","t":"Resolution authorizing the sale of two Freightliner dump trucks and one John Deere backhoe deemed surplus","desc":"Background: - The Maintenance Division of the City’s Water Resources Department identified one (1) 2010 Freightliner M2 Dump Truck, one (1) 2013 Freightliner M2 Dump Truck, and one (1) 2010 John Deere 410J Backhoe as surplus personal property, with no anticipation of utilization by the City. - The estimated wholesale values depending on condition are as follows: - 2010 Freightliner M2 Dump Truck is approximately $28,000 - 2013 Freightliner M2 Dump Truck is approximately $30,000 - 2010 John Deere 410J Backhoe is approximately $30,000 - Historical bid sales have been higher than estimates. Bids will be solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council. The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale.  Committee(s): - None Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price Con(s): - None Fiscal Impact: - The dump trucks and backhoe are fully depreciated and the Water Resources Fund will recognize the entire amount as revenue from the sale of the assets.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-01-14","mt":"regular","id":"II-H","ref":"RES 20-6","it":"resolution","t":"Resolution setting a public hearing on February 11, 2020, to permanently close an unopened right-of-way","desc":"Background: - N. C. Gen. Stat. sec 160A-299 grants cities the authority to permanently close streets and alleys. - Ted and Jessica Leaven has petitioned the closure and owns both adjacent properties, 65 Ramoth and Midway Dr, PIN #s 7649-48-1087 and 9646-48-2076. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future.  Committee(s): - Multimodal Transportation Committee -December 11, 2019 - Recommended closing the right-of- way Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources.  Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-01-14","mt":"regular","id":"II-I","ref":"RES 20-7","it":"resolution","t":"Resolution setting a public hearing on February 11, 2020, to permanently close an unopened right-of-way","desc":"Background: - N. C. Gen. Stat. sec 160A-299 grants cities the authority to permanently close streets and alleys. - Asheland Properties has petitioned the closure and owns two adjacent properties, 172 Asheland Avenue and 5 Federal Ally PIN#s 9648-38-0052and 9648-37-1928 and joined by South Slope Holdings LLC at 185 Coxe and 99999 Coxe Avenue PIN #s 9648-37-2825 and 9648-37-2643 - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future.  Committee(s): - Multimodal Transportation Committee -December 11, 2019 - Recommended closing the right of way Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-01-14","mt":"regular","id":"II-J","ref":"RES 20-8","it":"resolution","t":"Resolution authorizing the City of Asheville's participation in the Local Government Climate program","desc":"Background: - The Sabin Center for Climate Law at Columbia Law School is seeking local government participation in its amicus, or “friend of the court”, climate litigation project to challenge recent rollbacks by the Trump Administration of national climate protections that help safeguard municipalities from some of the worst impacts of climate change. - This summer, the Administration finalized a rollback of the Clean Power Plan, America’s first-ever national standards to reduce climate pollution from the power sector. The Administration’s new plan, the “ACE” rule, sets no limits on climate pollution from the power sector and in fact is expected to increase pollution in numerous states. - The Administration has also introduced the Safer Affordable Fuel-Efficiency (SAFE) Vehicles Rule which would result in a rollback of federal and state Clean Car Standards and lead to a significant increase in climate pollution. - According to the Sabin Center, local governments can make a major contribution to pushing back against these rollbacks by participating as amici, friend of the court, in upcoming litigation challenges to these new laws. - Participation will give the City an opportunity to review and comment on briefs written by the Sabin Center and also to provide information on how greenhouse gas reduction and renewable energy goals adopted by City Council are in direct conflict with, and would be negatively impacted by the new laws. - Participation in the Amicus Brief Project has been discussed with staff from the Legal Department and they have indicated they will have the ability to assist the Sustainability Department in the review and comment on the briefs.  Committee(s): - Sustainability Advisory Committee on Energy and the Environment unanimously passed support of City Council supporting the City of Asheville’s participation in the Local Government Climate Litigation Amicus Project at their November 2019 meeting. Pro(s): - Supports Resolution 11-77 Establishing a Carbon Footprint Reduction Goal - Supports Resolution 13-222 Clean Energy Economy - Supports Resolution 17-119 Reaffirming City’s Commitment to Paris Climate Agreement - Supports Resolution 17-104 Encouraging a State Goal of 100% Renewable Energy by 2050 - Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal for the City of Asheville Con(s): - None Fiscal Impact: - None","c":"Environment & Sustainability","mo":"consent_batch","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-01-14","mt":"regular","id":"IV-A","ref":"ORD 4602","it":"public_hearing","t":"Public hearing to consider an amendment to the previously approved conditional zoning for the RAD Lofts project at 146 and 179 Roberts Street (continued to February 25, 2020)","desc":"Urban Planner Jessica Bernstein said that this is the consideration of an ordinance to amend a previously approved conditional zoning approval (Ordinance No. 4602) for the RAD Lofts Project (Urban Place/Conditional Zone) located at 146 and 179 Roberts Street, to revise conditions related to affordability. This public hearing was advertised on January 3 and 10, 2020. Project Location and Contacts: - The project site consists of two separate parcels with a combined area of approximately 3.26 acres located at 146 and 179 Roberts Street (PINs 9648-06-1956 and 9648-07-2183) that are owned by 146 Roberts LLC. - Petitioner: Harry Pilos. Summary of Petition: - The project has gone through a number of approvals by City Council: - First approved on October 22, 2013 (Ordinance No. 4241) for a mixed-use development and conditional zoning from River and Commercial Industrial to Urban Place Conditional Zone - Amended on May 26, 2015 (Ordinance No. 4414) to revise conditions related to the mix of uses, increase parking and alter the number and massing of the buildings - Amended on January 10, 2017 (Ordinance No. 4548) to revise conditions related to the mix of uses, building size and amount of parking - Amended on July 25, 2017 (Ordinance No. 4602) to revise conditions related to building size, parking and mix of uses and to provide a wider range for these conditions to allow for some flexibility - The mix of uses, site plan and building designs are not proposed to be changed with this amendment. They remain as shown and described in the conditions from the most recent approval. - The applicant is only proposing a change to the condition governing the designation of affordable residential units as described in condition no. 8: - Current condition: Five percent of the units will be designated as affordable by  the City's standards. The remaining 95% of the units will be leased at or below the City's published 2015 rates for workforce housing as a baseline, assuming and including an annual increase of 3% calculated as of the date of completion of the project as indicated on the attached schedule B1-a. This condition is in effect for a period of ten years from initial CO (Certificate of Occupancy). The applicant will enter into an affordable housing deed restriction with the City to memorialize the aforementioned rent limits and period of affordability. The deed restriction shall be recorded by the applicant in the Buncombe County Register of Deeds prior to obtaining final CO. - Proposed condition: At least ten percent of the total units (between 230 and 245 units) shall meet the City’s standards for affordability at 80% AMI for a period of ten years from the issuance of the Certificate of Occupancy (CO). The rent and income shall follow the Affordable and Workforce Housing Standards determined annually by the City of Asheville Community Development Department. - An Affordable Housing Deed Restriction will be provided by the City and filed and recorded by the applicant/property owner in the Buncombe County Register of Deeds prior to obtaining final CO. The applicant has stated that this request is due to difficulties securing financing for the project with the comprehensive restrictions on rents and balancing the more extensive affordability component with significant increases in construction costs that have occurred since the project was originally approved. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that the Traditional Corridor Land Use category encourages mixed-use developments prioritizing pedestrian infrastructure and multimodal access, buildings close to the street and higher residential densities. - While a reduction, the amendment still contains a commitment to affordability, thus aligning with key goals in the Resilient Economy Plan section. Compatibility Analysis: - The mixed-use development proposal has been evaluated in previous reviews and determined to be compatible with the surrounding area and an ideal location for the uses proposed. This amendment does not impact the compatibility.  Committee(s): - Technical Review Committee (TRC) - n/a - Planning & Zoning Commission - December 4, 2019 - recommended approval (7-0) Staff Recommendation: - Staff consistently recommends maintaining as much commitment to affordability as the applicant is able to provide and supports this project’s efforts to move forward to gain the 230-245 residential units and mixed-use development in this location. In response to Mayor Manheimer, Community Development Programs Director Paul D’Angelo explained the difference between workforce housing vs. market rate housing.  There was considerable discussion amongst Council members and Mr. Harry Pilos, representing RAD Lofts, regarding the tools the City has available to reach 20% affordable housing at 80% AMI for 20 years and Mr. Pilos’ explanation of not taking advantage of the City’s tools and keeping his request at 10% affordable housing at 80% AMI for 10 years. Mr. Pilos said that this project is so much more than housing, noting that they have had to clean up this Brownfields site and pay $750,000 to replace the storm drain. Mayor Manheimer opened the public hearing at 6:00 p.m. Ms. Kristen Goldsmith felt the project is a mediocre project and does not meet our goals for affordability. She suggested Council deny this amendment. Mayor Manheimer closed the public hearing at 6:03 p.m. At the request of Councilwoman Mayfield, Mr. D’Angelo read Resolution No. 18-269 which recommitted Council’s support for opportunity fund investment that promotes equitable growth, developments without displacement, and healthy communities of opportunities in Asheville’s opportunity zones. Councilman Young was disappointed that staff’s recommendation as it does not align with Council’s commitment on affordable housing nor does it align with the Council’s support for opportunity zones. He felt this development promotes gentrification. The affordable housing workshop that City Council held last year provided information on the many tools the City has to incentivize affordability. Mayor Manheimer said that the City’s goal of 200 units per year was at 80% AMI with subsidy and this would bring on-line 23 units at 80% AMI, without a subsidy request. She felt we need to be clear in directing staff that if a private developer proposes a project that doesn’t use our incentive policies then they should not recommend it. She didn’t recall giving staff the direction to not recommend a project that doesn’t use one of our tools. She recalled that the developer the City brought in who spoke at the affordable housing workshop explained to Council that private developers that do not have a subsidy cannot be expected to produce more than 10% of affordable units at 80% AMI. She asked that any future projects that are located in an opportunity zone that City staff acknowledge that fact in their staff report to Council. In response to Councilman Kapoor, City Attorney Branham said that the law regarding rezonings for conditional purposes requires the Council to make three primary determinations: (1) that it is consistent with the approved area plans that are relevant to that particular project; (2) that it is a reasonable project; and (3) that it is in the public interest. Councilman Kapoor said that this project meets our goal toward providing affordable housing. He felt that getting 23-24 affordable units even for 10 years is much more than we will have. He’s not a developer, but it was clear to him from the affordable housing workshop, that it’s not easy to get financing. With respect to staff recommendations, more information is better but he looks for their independent judgement as they are the professionals. Councilwoman Mayfield said that projects that are in opportunity zones, that staff to flag that for Council and to include language the language from the resolution. She felt the resolution Council adopted would give them the leverage turn away projects that really were going to displace low income residents and not be a benefit to the community they are in. She felt this project is in the right place and thanked Mr. Pilos for trying to make this project happen.  Mr. Pilos said they have worked with staff for 6 years to create a model and they have always worked with him in good faith. He would now be willing to spend another month with staff, but he personally believed that the conclusion will be the same - without getting 95% of the income stream restrictions lifted to go to market, he can’t get the project done. He noted that this project goes way beyond just affordable housing - increase retail, activity, etc. He asked that this hearing be continued.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"continuance","sq":10},{"d":"2020-01-14","mt":"regular","id":"IV-B","ref":"RES 20-9","it":"public_hearing","t":"Public hearing to consider amending the 2019-20 Annual Action Plan for reallocation of federal HOME Investment Partnership Program funds","desc":"Community Development Programs Director Paul D’Angelo said that this is the consideration of a resolution amending the 2019-2020 Annual Action Plan for the reallocation of an estimated $723,208 in federal HOME Investment Partnership Program funds. This public hearing was advertised on December 13, 2019.  Background: - The City has $723,308 in HOME funds available for reallocation. - The Asheville Regional Housing Consortium received applications for HOME funds and made funding recommendations over two 2019 meetings (April 2019 and October 2019). - HOME funds must be used for housing programs within the four-county Consortium area (Buncombe, Henderson, Madison, and Transylvania counties) - Federal HOME Program and HUD regulations require a public hearing be held before substantial plan amendments can be adopted by the HOME Lead Entity, the City of Asheville.  Committee(s): - Asheville Regional Housing Consortium - October 31, 2019 - Approved unanimously Pro(s): - The proposed reallocation of $1,269,322 commits and puts toward viable projects federal HOME Program funding - Approximately 170 affordable rental units will be created, 18 homeowners will be assisted with down payment assistance, and additional rental assistance will be supported in Henderson and Buncombe Counties. No project proposals were received in the reallocation for either Transylvania or Madison County projects. - Funding recommendations reflect the carefully considered recommendations of the Asheville Regional Housing Consortium. Con(s): - None Fiscal Impact: - The Action Plan is fully funded from federal CDBG and HOME entitlement grants, unused funds from previous completed projects, and estimated program income. There is no other fiscal impact associated with this action. Mr. D’Angelo responded to Vice-Mayor Wisler when she asked how this money became available for reallocation. Mayor Manheimer opened the public hearing at 6:33 p.m. Ms. Kasia Maatafale asked that the City’s website be updated with the current Action Plan. Mayor Manheimer closed the public hearing at 6:34 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2020-01-14","mt":"regular","id":"IV-C-bondorder","ref":"","it":"public_hearing","t":"Adoption of the bond order authorizing the issuance of not to exceed $23,000,000 General Obligation Refunding Bonds","desc":"","c":"Budget & Finance","mo":"public_hearing","mv":"Smith","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":1,"mr":"policy category","sq":12},{"d":"2020-01-14","mt":"regular","id":"IV-C-res","ref":"RES 20-10","it":"resolution","t":"Resolution for the issuance of the City of Asheville taxable General Obligation Refunding Bonds, Series 2020B","desc":"Chief Financial Officer Barbara Whitehorn said that this is the consideration (1) To hold a public hearing; (2) adoption of Bond Order; and (3) adoption of a resolution for the issuance of General Obligation (GO) Refunding Bonds for the refinancing of existing debt. This public hearing was advertised on January 3, 2020. Background: - In May, 2018, Council authorized the issuance of a GO Bond Anticipation Note in an amount not to exceed $23,000,000. - Since that time, the City has drawn down $15.6 million on the loan and hopes to draw on the remaining amount available over the next month with an emphasis on affordable housing initiatives. - In order to refund the principal, the City intends to issue long-term, fixed-rate GO Bonds in early March, 2020. Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Converts GO funding from short-term variable-rate debt to long-term, fixed-rate bonds. - Allows City to pay off the debt over a longer time period and match the longer, useful life of the assets it funds. Con(s): - None Fiscal Impact: - Annual debt service payments will increase because long-term fixed rates are higher than short-term variable rate debt. This increase is included in the City’s long-range financial model for issuing and paying-off debt. The final amounts of the new debt service payments will be determined on the bond sale date. The bond order titled, “BOND ORDER AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $23,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF ASHEVILLE, NORTH CAROLINA” was introduced at the regular meeting of the City Council on December 10, 2019, and was published on January 3, 2020, with notice that the City Council would hold a public hearing thereon on January 14, 2020, at 5:00 p.m. or as soon thereafter as practicable. At 6:38 p.m., Mayor Manheimer announced that the City Council would hear anyone who wished to be heard on the questions of validity of the bond order and the advisability of issuing the General Obligation Refunding Bonds, and when no one spoke, she closed the public hearing at 6:38 p.m. Mayor Manheimer said that members of Council have previously received a copy of the bond order and resolution and they would not be read.","c":"Budget & Finance","mo":"public_hearing","mv":"Smith","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":13},{"d":"2020-01-14","mt":"regular","id":"RES-20-11","ref":"RES 20-11","it":"appointment","t":"Resolution appointing members to the Board of Adjustment (reappoint Pratik Bhakta and Daniel Summerlin)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Adjustment. The terms of Pratik Bhakta (Regular) and Daniel Summerlin (Regular) expire on January 21, 2020. The following individuals applied for the vacancy: David Angelus and Rick Freeman. The Boards & Commissions Committee recommended reappointment of Mr. Bhakta and Mr. Summerlin.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"no material signals","sq":14},{"d":"2020-01-14","mt":"regular","id":"RES-20-12","ref":"RES 20-12","it":"appointment","t":"Resolution appointing a member to the Downtown Commission (Robin Raines)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Downtown Commission. Brent Campbell resigned as a member of the Downtown Commission, thus leaving an unexpired term until December 31, 2021. The following individuals applied for the vacancy: David Angelus, Jeffrey Kellman, Sherree Lucas, Robin Raines, Brad Blackburn, Kimberly Levi and Joy Wilson. The Boards & Commissions Committee recommended appointing Robin Raines.","c":"Economic Development","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":1,"mr":"policy category","sq":15},{"d":"2020-01-14","mt":"regular","id":"RES-20-13","ref":"RES 20-13","it":"appointment","t":"Resolution appointing members (reappoint Raymond Tweed and Barbara Whitehorn)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Firemen’s Relief Fund. The terms of Barbara Whitehorn and Raymond Tweed, as members on the Firemen’s Relief Fund, expired January 1, 2020. Due to recent legislation, the term limits have been removed and now the members serve at the pleasure of Council or until they resign. No one applied for the vacancy. The Boards & Commissions Committee recommended reappointing Mr. Tweed and Ms. Whitehorn.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"no material signals","sq":16},{"d":"2020-01-14","mt":"regular","id":"RES-20-14","ref":"RES 20-14","it":"appointment","t":"Resolution appointing a member to the MSD board (reappoint Esther Manheimer)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District (MSD) Board. The term of Esther Manheimer, as a member of the MSD Board expires on January 19, 2020. No one has applied for the vacancy. The Boards & Commissions Committee recommended reappointing Esther Manheimer.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"no material signals","sq":17},{"d":"2020-01-14","mt":"regular","id":"RES-20-15","ref":"RES 20-15","it":"appointment","t":"Resolution appointing members (reappoint Darren Green and others)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Riverfront Redevelopment Commission. The terms of Darren Green (property/business owner), Tim Schaller (property/business owner in the Riverfront) and Carleton Collins (at-large member) expired on January 1, 2020. The following individual applied for the vacancy: Kimberly Levi. The Boards & Commissions Committee recommended reappointment of Darren Green (3-year term), Tim Schaller (3-year term) and Carleton Collins (1-year term).","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2020-01-14","mt":"regular","id":"RES-20-16","ref":"RES 20-16","it":"appointment","t":"Resolution appointing members (reappoint Maggie Gulick and Anne Keller)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainability Advisory Committee on Energy & the Environment (SACEE). The terms of Maggie Gulick, Anne Keller and Sonia Marcus (expertise in the field of energy management) expired on December 31, 2019. The following individuals applied for the vacancy: Ron Edgerton, Chris Pelrine, Paul Schulman, Andrea Baty, Patricia Meason Williams, Jeffrey Vanderlip, Alison Ormsby, Dakota Lee Lathroop, Daniel Falkenstein and Kelsey Wood. The Boards & Commissions Committee recommended reappointment of Maggie Gulick and Anne Keller and appointment of Alison Ormsby.","c":"Environment & Sustainability","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"no material signals","sq":19},{"d":"2020-01-14","mt":"regular","id":"RES-20-17","ref":"RES 20-17","it":"appointment","t":"Resolution appointing members (reappoint Ed Macie and Patrick Gilbert; re-advertise third seat)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Ed Macie and Patrick Gilbert, as members on the Urban Forestry Commission, expired December 31, 2019. In addition, Guillermo Rodriguez resigned, thus leaving an unexpired term until December 31, 2020. The following individuals applied for the vacancy: Robert Brown, Patricia Strang, Karen MacNeil, Callie Warner and Noah Poulos. The Boards & Commissions Committee recommended (1) reappointing Mr. Macie and Mr. Gilbert; and (2) re-advertise for the other vacant seat as requested by the Urban Forestry Commission.","c":"Environment & Sustainability","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"no material signals","sq":20},{"d":"2020-01-14","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":21},{"d":"2020-01-14","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1a4qHXAEMwPlVnVz_M-PiohOKqB9H8M76/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":22},{"d":"2020-01-28","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on January 14, 2020","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-01-28","mt":"regular","id":"II-B","ref":"ORD 4787","it":"ordinance","t":"Ordinance amending the Fees & Charges Manual to adjust current rates and booking policy for 8 River Arts Place","desc":"Background: - In 2016, City Council Council approved a contract to renovate the facility and reaffirmed the community's vision for the space as follows: “For the facility to provide space for a highly visible information and wayfinding kiosk that supports the greater River Arts District by providing information about the district for visitors on arts and culture, shopping, studios, galleries, recreation opportunities, events, and restaurants. It is also intended to be a destination in its own right, with plans for a public-private-partnership lease, and to serve as flexible space for a gallery, office, studio, retail, or performance space that would be rented to private sector partners.” - After two years of operation of 8 River Arts Place (formerly 14 Riverside Drive) by the Strategic Development Office division, a request was made for the Harrah’s Cherokee Center division to take over the event related operation of the property. - Harrah’s Cherokee Center staff begun handling booking, contracting, invoicing and oversight of special events held at the property beginning in October 2019 - As noted above, long term plans continue to work towards a public-private-partnership, with a goal of finalizing this process within the next one to two years. Harrah’s Cherokee Center operation will continue until the process is complete. - Current rate structures are not sustainable; often times not covering the staff related costs with the rental, let alone overhead and profit.  Committee(s): - Civic Center Commission - December 3, 2019 - Recommended proposed rate and booking policy adjustments. - Finance Committee - December 10, 2019 - Recommended proposed rate and booking policy adjustments for full council approval. Pro(s): - Covers Harrah’s Cherokee Center staff time and basic materials. - Adjust rates to be more in line with other event rental spaces in the community. Con(s): - Significant increase in rates. Fiscal Impact: - Minimal fiscal impact, creates a cost recovery system, but does not create true revenue generation.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-01-28","mt":"regular","id":"II-C","ref":"ORD 4788","it":"ordinance","t":"Ordinance amending the Fees & Charges Manual to adjust current rates and booking policy","desc":"Background: - Harrah’s Cherokee Center staff has not adjusted rates in a significant way in over three years. - Due to increased expenses including adjustments in temp/seasonal staff living wage rates increasing to a minimum of $13.65 per hour the majority of posted staff billable wages need to be increased. - Staff recommends that we formalize ‘Last Minute’ events more formally in the Center’s booking policy as these events usually have more expenses associated with them. - Staff propose increasing base rental fee minimums on non-ticketed events. Non-ticketed events do not allow for the same potential revenue streams for the facility as ticketed events. Therefore, staff recommends that rental fees for non-ticketed events be higher than ticketed events.  Committee(s): - Civic Center Commission - December 3, 2019 - Recommended proposed rate and booking policy adjustments. - Finance Committee - December 10, 2019 - Recommended proposed rate and booking policy adjustments for full council approval.  Pro(s): - Covers additional staff costs after living wage adjustments. - affords for greater revenue opportunities with ‘last minute’ events to help cover additional costs incurred by the city in other departments. - Adjust rates to be more in line with other event rental spaces in the southeast. Con(s): - Places Harrah’s Cherokee Center staffing billable rates as the highest in the region of competing concert venues. Fiscal Impact: - Anticipated net increase in revenues of approximately $23,000 annually.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-01-28","mt":"regular","id":"II-D","ref":"RES 20-20","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Bryant Land and Development","desc":"Background: - The project includes the milling and resurfacing of State Street, repairs to the concrete sidewalk and pedestrian improvements at the intersections with Pennsylvania Avenue, Hanover Street, Short Michigan Avenue, and Wellington Street. - These include improvements to ADA accessibility (all intersections), pedestrian signal heads (Hanover intersection), and pedestrian activated beacons (Pennsylvania and Wellington). - Finally, a revised pavement marking plan has been designed for State Street. - The project was advertised on November 1, 2019 and the bid opening was scheduled for December 3, 2019. Since the City did not receive a sufficient number of bids, the project was readvertised on December 4, 2019. The following bids were opened on December 17, 2019: Bryant Land and Development Industries, Inc., Burnsville, NC $1,281,068.20 Harrison Construction Company, Asheville, NC $1,524,858.39 Rogers Group, Inc., Nasheville, NC $1,591,391.95 - Construction is anticipated to start in mid-February and take four to six months. Vendor Outreach Efforts: - Staff performed outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers through solicitation processes which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to MWBEs for subcontracted services. - No MWBE submitted a bid to be the prime contractor on the project. - MWBEs will be performing the guardrail installation, sign installation, and pavement markings. These items amount to 3.1% of the total project expenditures.  Pro(s): - Provides for the resurfacing of State Street which is a heavily traveled road that is in poor repair. - Will make the sidewalk more ADA-compliant. - Provides for safer pedestrian crossings of State Street. Con(s): - Construction will be disruptive to the neighborhood and to traffic. Efforts will be made to minimize disruptions. Fiscal Impact: - Funding is coming from the 2016 General Obligation Bond approved by Asheville constituents in November 2016. The total maximum cost of this contract, including contingency, is $1,473,228.43. This is approximately 4% of the Transportation bond funding.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-01-28","mt":"regular","id":"II-E","ref":"RES 20-21","it":"resolution","t":"Resolution authorizing the City Manager to execute a lease agreement with First Baptist Church","desc":"Background: - The City of Asheville leases parking spaces from the First Baptist Church at 5 Oak Street to meet the growing need for City Hall employee parking, - An initial lease agreement was signed in March of 2018 for one year and the City leased thirty parking spaces as a trial period to see if the spaces were used by City employees. - When the City renewed it the following year, a decision was made to lease twenty spaces. - At this time, almost all of the leased spaces are in use by City employees and the City is seeking to establish a new lease to extend the term for 20 spaces. - The current lease will expire in February of 2020 and the City seeks a new lease with a term of two years and a price of $50.00 per space. With 20 spaces being leased, the monthly amount is $1,000 ($12,000 per year).  Committee(s): - None Pro(s): - This parking lot provides much needed extra parking for city employees. - The $50 fee is below market rate in the downtown area. - Because of the walk involved, the City has offered wellness points for employees using the parking spaces at the church. Con(s): - None. Fiscal Impact: - The Parking Services Fund is responsible for the rental amount of $12,000 per year under the terms of the lease.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-01-28","mt":"regular","id":"II-F","ref":"ORD 4789","it":"ordinance","t":"Budget amendment in Federal Transit Administration Section 5310 funds to fund pass-through grants","desc":"Background: - At its March 12, 2019, meeting, City Council approved a resolution authorizing the City Manager to apply to the French Broad River Metropolitan Planning Organization for Section 5310 Funds, and to accept the grants and sign all the appropriate agreements with the French Broad River Metropolitan Planning Organization, Federal, and/or State agencies. - The purpose of the Section 5310 funding program is to improve mobility for seniors and individuals with disabilities by removing barriers to transportation services and expand transportation mobility options. - These are Federal Transit Administration (FTA) funds under Award # 1057-2019-3 for the Enhanced Mobility of Seniors and Individuals with Disabilities program that the City is the designated recipient for the region. The funds will be distributed to each of the applicants via an application process through the Metropolitan Planning Organization. The City is responsible for overseeing and disbursing the funds to the applicants. The chart below outlines the amount funded for each recipient. - The budget amendment will provide expenditure authorization for the $332,174 in grant funds. The City’s portion of the funds is used to support the existing City paratransit service and administrative costs. - These funds were previously anticipated and do not offset the current shortfall in the budget for paratransit.  Subrecipient Project FTA Amount Local Match (20% or 50%) Total City of Asheville ADA Paratransit $99,000 $19,800 (20%) $118,800 Buncombe County SEDTAP $72,880 $14,576 (20%) $87,455 Vocational Solutions Vocational and Life Skills Training $15,840 $3,148 (20%) $18,988 Council on Aging Volunteer Driver Program $13,690 $13,690 (50%) $27,380 Land of Sky Regional Council Senior Companion Program $32,340 $32,340 (50%) $64,680 Vocational Solutions Vocational and Life Skills Training $4,950 $4,950 (50%) $9,900 Buncombe County RIDE Vouchers Program $52,337 $52,337 (50%) $104,674 Madison County Transportation to Meal Sites $7,920 $7,920 (50%) $15,840 City of Asheville Program Administration $33,217 N/A $33,217 Total $332,174 $148,761 $480,934  Committee(s): - None Pro(s): - Project funding is provided by the FTA. Local match is 50% for operating projects and 20% for capital projects. Each sub-recipient is responsible for their local match. - The City is provided $33,217 for administration purposes, which does not require a local match. Con(s): - None. Fiscal Impact: - The total grant award for the projects is $332,174 and will be funded with Federal Funds. As noted above, $33,174 will be reimbursed to the city for administrative costs, and Asheville’s local match for the provision of the Americans with Disabilities Act paratransit services totals $19,800.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-01-28","mt":"regular","id":"II-G","ref":"RES 20-22","it":"resolution","t":"Resolution authorizing the City Manager to sign Addendum #3 to the 2003 intergovernmental agreement","desc":"Background: - The City and County executed an Intergovernmental Agreement on September 2, 2003, outlining the obligations between the County, as the Primary Public Safety Answering Point (PSAP), and the City, as the secondary PSAP. The purpose is to create a County and City consolidated call center; and provide clarity around the call center’s expenditures. - On December 13, 2005, the County and City executed an addendum to the 2003 Intergovernmental Agreement establishing a new completion date for the consolidated public safety communication center paid for by the County. - On September 25, 2009, the City and County executed Addendum #2 to the 2003 Intergovernmental Agreement creating a joint agreement for the operation of the communication center. - Since then, the State’s 911 Board has determined that the City’s operation meets the definition of a Secondary PSAP, and requires an agreement between the City and County for the County to receive and disburse the City’s secondary PSAP funds for the City’s benefit.  Committee(s): - None Pro(s): - Maintains the status quo regarding current 911 operations. Con(s): - None. Fiscal Impact: - No changes to the distribution of existing funds.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-01-28","mt":"regular","id":"II-H","ref":"RES 20-23","it":"resolution","t":"Resolution supporting the French Broad Metropolitan Planning Organization development of a plan","desc":"Background: - The French Broad River Metropolitan Planning Organization (MPO) is the regional transportation planning organization for the Asheville region. - In 2019, the MPO Board and Technical Committee voted to support the development of a regional transit feasibility study and to increase the dues of each member agency equally to support the cost of the study. - The study will be completed over the next two fiscal years. - The City budgeted half of the due increase in Fiscal Year (FY) 2020 Transportation Department budget and will include the remaining half in the base budget for FY 2021. - The study is intended to provide a deeper understanding of the existing needs for regional transit, the existing conditions of current systems, and make recommendations as to the feasibility of creating regional transit services.  Committee(s): - None Pro(s): - The project will be managed by the MPO, including the contract and deliverables. - The study will provide useful recommendations as to the need, costs, and implementation options for providing regional transit services. Con(s): - The City’s MPO dues were increased by $2,107 to support the cost of the study (the increase is temporary and is only for the Regional Transit feasibility study). Fiscal Impact: - The City of Asheville’s dues to the MPO were increased by $2,107 as a contribution toward the completion of the study. Half of this amount was budgeted in the Transportation Department FY 2020 budget and the second half will be included in the base budget request for FY 2021.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-01-28","mt":"regular","id":"II-I","ref":"RES 20-24","it":"resolution","t":"Resolution authorizing the City Manager to enter into an inspection agreement with the N.C. department","desc":"Background: - The City has plans to construct a new sidewalk along NC 3503 (Overlook Rd.) between Pinchot Dr. and Briarcliff Dr. as identified in the 2016 Bond Referendum. - The new sidewalk will tie into an existing sidewalk network and will connect a residential neighborhood to schools, a library, and other local destinations. - The project includes pedestrian phasing and crosswalk at one intersection. - The City has prepared the appropriate designs, added pedestrian phasing, and will be furnishing and installing the equipment and crosswalks. - NCDOT will review and approve the designs and inspect the work during the construction phase which is currently scheduled to begin in Spring 2020. - City Council is required to authorize all intergovernmental agreements by NCGS 160A-461.  Committee(s): - None Pro(s): - A new section of sidewalk will be constructed that will provide an important pedestrian connection between a neighborhood and local destinations, including three schools and a library. - The pedestrian experience will be enhanced and made safer through signalized intersections with pedestrian phasing and crosswalks. - The NCDOT will own and control the traffic signal (and associated equipment) and maintenance will be performed according to NCDOT’s current policies and procedures. Con(s): - None Fiscal Impact: - The financial impact of this agreement is expected to be less than $30,000. Funds are budgeted for this project as part of the 2016 GO bond referendum.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-01-28","mt":"regular","id":"VI-A-1","ref":"RES 20-18","it":"resolution","t":"Resolution dissolving the Energy Innovation Task Force and establishing the Blue Horizons Community Council","desc":"","c":"Environment & Sustainability","mo":"individual","mv":"Mayfield","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":0,"mr":"no material signals","sq":9},{"d":"2020-01-28","mt":"regular","id":"VI-A-2","ref":"RES 20-19","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement with Buncombe County for a joint RFP for the Blue Horizons Project","desc":"Councilwoman Mayfield said that the following are the Energy Innovation Task Force’s (EITF) goals from 2016: (1) Avoid or delay the construction of the 190-MW/$100 million natural gas-fired peaker plant planned for 2023; and (2) Transition to a cleaner, affordable, and smarter energy future in WNC, rooted in community engagement and collaboration that is mutually beneficial to the community, customers, and Duke Energy. Using a chart, she showed the many organizations involved in the Blue Horizons Project. Councilwoman Mayfield noted that the EITF accomplishments include (1) eliminated the need for the peaker plant; (2) two micro-grids with local support - the first utility-sale micro-grids in the state; (3) 19 MW of battery storage - more than anywhere else in North Carolina; (4) pilot programs approved by NCUC for Buncombe County - Fee for Service upgrades fr low-income families and cold climate heat pump pilot; (5) advanced metering infrastructure deployed in Buncombe County ahead of schedule; (6) New Clean Cities collaboration with Duke Energy to help cities reach their renewable energy goals; and (7) Blue Horizons Project launched in February 2018. Mr. Sam Ruark-Eastes, Executive Director of Green Built Alliance, said that the Blue Horizons Project accomplishments include (1) significant increases in Energy Efficiency and Peak Demand Response programs; (2) Focus on multi-family energy efficiency; (3) 480 low-income homes weatherized since 2016; (4) Partnerships with Creation Care Alliance, Waste Reduction Partners, Community Action Opportunities, and Mountain Housing Opportunities furthered energy efficiency and solar in churches, multi-family housing, retirement communities, and businesses; (5) $370,000 in grants received; (6) 56 presentations, 57 community events, 4 interviews; and (7) Active and growing website and social media presence (a) 300 visits per month to website; and (b) 600 followers on Facebook.  City Sustainability Officer Amber Weaver provided a chart for the transition to Blue Horizons Project Community Council (BHPCC). She explained the BHPCC membership along with their roles and responsibilities. She then reviewed the scope of work and deliverables: (1) Support City and County in working towards 100% renewable energy for the community by 2042; (2) Continue core work of community engagement; (3) Conduct a series of listening sessions throughout the County to gather input for the community-wide renewable energy plan; (4) Scale up low-income weatherization work to 350 homes in FY 20-21, 450 in FY 21-22, and 550 in FY 22-23; (5) Develop programs to help businesses and residents install solar - Solarize Campaigns, low-income solar program; (6) Support the City and County to achieve their 100% renewable operational goal as quickly as possible; (7) Implement Cool Communities groups; and (8) Continue the collaborative partnership of the EITF through Blue Horizons Project Community Council. Staff Report Information:  Background: - In March 2016, Council adopted Resolution 16-64 to establish a joint City, County, and Utility Energy Innovation Task Force (EITF) to address 1) prevention of Duke Energy’s Peaker Plant, and 2) provide clean renewable energy for Western North Carolina. - The EITF created and advises the Blue Horizons Project, a community campaign for energy efficiency and renewable energy. - The EITF accomplished the initial goal of preventing the Duke Energy Peaker Plant and will dissolve as a City/County Task Force. - The Blue Horizons Project will continue the work on Goal #2 - provide clean renewable energy for Western North Carolina - and be advised by a new community based advisory board to be known as the Blue Horizons Project Community Council. - Elected officials and staff from both the City and County along with Duke Energy drafted a revised charter for the Blue Horizons Project which received support from both the EITF and the Sustainability Advisory Committee on Energy and the Environment (SACEE). - A local nonprofit will manage the Blue Horizons Project and will provide staff support to the Blue Horizons Project Community Council. The City and County will have representation on this council. - The City of Asheville will enter into an interlocal agreement with Buncombe County to give the authority to issue a joint RFP for a non-profit to implement the deliverables of the Blue Horizons Project. - The City will have a role in selecting and negotiating the responsive bidder. - The Blue Horizons Project Community Council will support the work of the City and County’s 100% Renewable Energy Goals.  Committee(s): - Energy Innovation Task Force (EITF), January 10, 2020 recommended approval - Sustainability Advisory Committee on Energy and the Environment (SACEE), January 15, 2020, recommended approval Pro(s): - Establishes a new charter for the Blue Horizons Project now that the initial goal of delaying the Duke Energy natural gas peaker plant has been achieved. - Re-commits the City and County to the support of the Blue Horizons Project Con(s): - None Fiscal Impact: - The Sustainability Office’s adopted operating budget for the current fiscal year includes $205,000 to support the EITF. Sustainability staff have requested that same budget amount for Fiscal Year (FY) 2021 to support the Blue Horizons Project Community Council. Buncombe County has also requested funds for FY 2021 to support the Blue Horizons Project Community Council. If a responsive bidder is selected, a contract will be issued after FY 2021 has begun.” In response to Councilman Kapor, Councilwoman Mayfield said that Buncombe County has invested in the low income weatherization program, and they have made a similar commitment moving forward. A resident was concerned about how this project addresses the warming of downtown Asheville and asked for information on the Cool Communities group. Mayor Manheimer said that members of Council have been previously furnished with copies of the resolutions and they would not be read.","c":"Environment & Sustainability","mo":"individual","mv":"Mayfield","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":10},{"d":"2020-01-28","mt":"regular","id":"VI-B","ref":"RES 20-25","it":"resolution","t":"Resolution endorsing the declaration of a climate emergency and emergency mobilization effort to restore a safe climate","desc":"City Sustainability Officer Amber Weaver said that in 2017 Mayor Manheimer reaffirmed Asheville’s commitment to uphold the Paris Climate Agreement on behalf of the City of Asheville; and while world leaders have recognized the urgent need to combat climate change by signing the Paris Agreement, the City of Asheville recognizes the need for a new strategy to address climate change. Today, City Council is the first community within North Carolina to publicly declare a Climate Emergency supporting efforts of The Climate Mobilization Campaign, the  Sunrise Movement and Extinction Rebellion. With adoption of City Council’s declaration, Asheville joins 75 other US Governments representing over 25 million people; with a total of 1,327 global governments representing over 810 million people worldwide. Declaring Climate Emergency is the critical first step in acknowledging the systematic overhaul needed to address global warming. Through the work of The Sunrise Movement, Extinction Rebellion, and the City’s Sustainability Advisory Committee, here are a few highlights within Asheville’s Climate Emergency resolution: (1) The City declares that a climate and ecological emergency threatens our city, region, state, nation, civilization, humanity, and the natural world; (2) The City commits to an equitable and just citywide mobilization effort to reverse global warming that, if met with all necessary financial and regulatory assistance and authorization from State and Federal authorities, would end citywide greenhouse gas (GHG) emissions as quickly as possible and no later than 2030; (3) City Council supports staff efforts to consolidate the various separate sustainability goals and department initiatives into an updated Climate Justice Plan; (4) The City will incorporate the Climate Justice Plan into the Comprehensive Plan, Living Asheville, and all other plans as appropriate; (5) Through the City’s Capital Improvement Plan and budget process, the City will identify the projects and funding needed to fulfill the City’s existing 100% renewable and carbon reduction goals and address the current climate and ecological emergency; (6) Beginning in Fiscal Year 2021, the City will consider GHG emissions in its assessment of Capital Improvement Plan (CIP) Project requests and provide a sustainability impact statement for all new CIP projects included in the adopted Annual Budget; and (7) Furthermore, the City will work with business, land development, and other private sectors to identify and incentivize effective ways to reduce GHG emissions and meet the community-wide 100% renewable energy goal. The following resolution is being recommended for adoption by the Sustainability Advisory Committee on Energy & the Environment (SACEE) and the Sunrise Movement: “WHEREAS, world leaders have recognized the urgent need to combat climate change by signing the Paris Agreement, agreeing to keep global warming “below 2°C above pre-industrial levels,” and pursuing “efforts to limit the temperature increase to 1.5°C”; and WHEREAS, in 2016 Mayor Esther Manheimer signed the Paris Climate Agreement on behalf of the City of Asheville (the \"City\"); and WHEREAS, the loss of life and damage caused by current global warming demonstrates that the Earth is already too hot for safety and has resulted in the increased frequency and intensity of wildfires, floods, sea level rise, disease, drought, and extreme weather; and WHEREAS, according to the United Nations’ Special Rapporteur on Extreme Poverty, a 1.5°C increase in global temperature could expose 500 million people to water poverty, 36 million people to food insecurity because of lower crop yields, and 4.5 billion people to heat waves; and WHEREAS, in October 2018, the United Nations released a special report which projected that limiting warming to even a 1.5°C target this century will require an unprecedented transformation of every sector of the global economy by 2030; and WHEREAS, the United States of America and other industrialized countries have disproportionately contributed to climate change and accordingly bear an extraordinary responsibility in rapidly solving this crisis; and WHEREAS, scientists have warned that we are currently overshooting our ecological limits and potentially driving the sixth mass extinction of species that could devastate much of life on Earth for millennia, and pose as great a risk to humanity as climate change, according to the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services; and WHEREAS, restoring a safe and stable climate requires an emergency climate mobilization on a scale not seen since World War II in order to: (1) reach zero greenhouse gas (“GHG”) emissions across all sectors of the economy, (2) rapidly and safely drawdown and remove all excess carbon from the atmosphere until safe, pre-industrial climate conditions are restored, and (3) implement measures to protect all people and species from the consequences of an abrupt climate breakdown; and WHEREAS, such necessary measures to restore a safe climate include: (1) a rapid and just phase-out of fossil fuels; (2) ending GHG emissions as quickly as possible to establish a zero-emissions economy; (3) a widespread effort to safely drawdown excess carbon from the atmosphere; and (4) a full transition to a regenerative agriculture system; and (5)  widespread conservation and restoration of ecosystems; and WHEREAS, justice requires that frontline and marginalized communities actively participate in the planning and implementation of this climate mobilization effort and equally benefit from the transition to a climate-safe economy; and WHEREAS, the scope and scale of action necessary to stabilize the climate and biosphere will require unprecedented levels of public awareness, engagement, and deliberation to develop and implement effective, just, and equitable policies to address the climate emergency; and WHEREAS, at present, the City does not currently have the local legislative authority to phase out fossil fuel production, power generation, or use within the City as a whole; and WHEREAS, the City adopted Resolution 11-77 to increase its Municipal Carbon Footprint reduction goal to 4% annually on April 12, 2011, and as of 2017 the City had achieved a 31% reduction; and WHEREAS, the City adopted Resolution 13-228 Supporting a Clean Energy Economy on October 22, 2013; and WHEREAS, the City adopted Resolution 15-200 for a Community Clean Energy Policy Framework on October 27, 2015; and WHEREAS, the City adopted Resolution 16-64 establishing a joint City, County and Utility Energy Innovation Task Force (“EITF”) for the purpose of researching, prioritizing, recommending, and implementing recommendations to create energy efficiency, demand-side management and renewable energy opportunities to reduce energy use in Buncombe County on March 22, 2016; and WHEREAS, the work of the EITF and its partners successfully achieved, among other notable accomplishments, the long-term and likely permanent delay to the construction of an additional natural gas fired peaking power plant at Duke Energy’s Lake Julian facility; and WHEREAS, the City adopted Resolution 17-119 supporting a state goal of 100% renewable energy by 2050 and increased protection for standing forests and the creation of green jobs on June 13, 2017; and WHEREAS, in 2018 Buncombe County and the City adopted Resolution 18-279 that committed the City to transitioning all municipal operations to 100% renewable energy by December 31, 2030, and a community energy use to 100% renewable energy goal by 2042; and WHEREAS, starting in 2018, the City initiated a climate resilience assessment in cooperation with the National Environmental Modeling & Analysis Center where representatives from all 14 City departments, along with community members and environmental sustainability experts, were assembled to discuss the latest climate science and develop a climate resilience strategy that would allow the City and community to adapt and become more resilient to climate change; and WHEREAS, in 2019 the City completed its resiliency process and released a Climate Resilience Resource Guide that provides strategies for community members to become more resilient to the extreme weather caused by climate change; and WHEREAS, in 2014, the City adopted Resolution 14-27, which committed the City to a 50% reduction in waste by 2035; and WHEREAS, in 2017 the City adopted Resolution 17-257, which established a Food Policy Action Plan to increase food access and distribution, support sustainable agriculture practices in locally grown foods, and expand community food education; and WHEREAS, in 2018, the City purchased five electric buses and adopted a Transit Master Plan that calls for a massive expansion of the City’s transit system to better serve people who have to ride the bus and to give elective riders a viable option to driving; and WHEREAS, the above-listed resolutions and associated work plans collectively constitute a multifaceted response to the climate crisis we face; and WHEREAS, the City has been an environmental leader and must accelerate its efforts to create an ecologically regenerative local economy that is socially, racially, and economically just. The City must accomplish this task at emergency speed, through broad community mobilization and by advocating for the regional, national, and international efforts needed to reverse global warming and our current ecological crisis; and WHEREAS low-income communities and communities of color in Asheville and Buncombe County have historically faced unfair levels of displacement, violence, discrimination, and governmental apathy and underfunding; currently face unequal access to suitable housing, education, health services, and healthy food; and are projected to be more heavily impacted by the effects of climate change due to a lack of the funding and resources necessary for stability and resiliency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: (1) The City declares that a climate and ecological emergency threatens our city, region, state, nation, civilization, humanity, and the natural world; and (2) The City commits to an equitable and just citywide mobilization effort to reverse global warming that, if met  with all necessary financial and regulatory assistance and authorization from State and Federal authorities, would end citywide GHG emissions as quickly as possible and no later than 2030. Further, the City commits to more deeply incorporate sustainability considerations into its departmental decision making and programs; and (3) The City recommits to its current annual and overall carbon and GHG reduction goals and recommits to evaluate these goals as necessary to identify additional adaptation and resilience strategies in preparation for intensifying local climate impacts; and (4) The City will continue to recognize that the full participation, inclusion, support, and leadership of community organizations, faith communities, youth, labor organizations, academic institutions, indigenous groups, and racial, gender, family, immigrant and disability justice organizations and other allies are integral to an equitable response and mobilization effort; and (5) The City recognizes the need for and supports additional public engagement throughout the city and county to discuss the current climate emergency and develop a plan to reach the community’s renewable energy and GHG reduction goals. This outreach must ensure the voices of marginalized communities are included. This input will be incorporated into the city’s Climate Justice Plan and the broader community wide plan. The city and SACEE commit to engaging community partners in holding an initial public input session in May 2020; and (6) The City will continue to utilize and revise the City’s Comprehensive Plan, Living Asheville, as a tool to identify land use and zoning authority in order to reduce GHG emissions and adopt climate-adaptive land use strategies. The city will incorporate the Climate Justice Plan into the Comprehensive Plan and all other plans as appropriate; and (7) City Council commits to discussing how to generate the revenue needed to fund its carbon reduction, 100% renewable, waste, energy, transit, and urban forestry goals at its 2020 annual retreat; and (8) The City hereby recognizes that there is a global climate emergency which demands a massive-scale mobilization to halt, reverse, and address its consequences and causes, and supports the passage of legislation that would initiate a national emergency-speed mobilization to reverse global warming and the ecological crisis described in this Resolution, which could include, but not be limited to, H.Con.Res.52 and S.Con.Res.22, a carbon fee and dividend policy, cap and trade policy, or other similar comprehensive GHG emission reduction policy; and (9) The City commits to call on Buncombe County, sister North Carolina municipalities, the State of North Carolina, the United States Congress, the President of the United States, and all governments and people worldwide to declare a climate emergency and cooperatively initiate a climate mobilization to reverse global warming and the ecological crisis, and provide maximum protection for all people and species of the world; and (10) The City Council supports the delivery of this resolution to all relevant State and Federal agencies and elected representatives representing constituents within the City along with a request that all necessary support and assistance needed to effectuate this resolution be provided as soon as possible; and (11) The City will also continue to provide an annual Sustainability Management Report regarding its efforts to expand renewable energy use and maximize GHG emission reductions within each energy sector. As required by City Resolution 18-279 (100% Renewable Energy Resolution) the Sustainability Management Report will also indicate: (A) whether the City is on track to meet its renewable energy transition goals, and (B) whether adequate funding has been allocated by City Council to fund the necessary renewable energy transition goals; and (12) The City will engage with all relevant local, and state entities to identify the feasibility of and opportunities for gaining local authority to phase out fossil fuel production, power generation, and use within the City; and (13) Through the City’s Capital Improvement Plan (“CIP”) and budget process, the City will identify the projects and funding needed to fulfill the City’s existing 100% renewable and carbon reduction goals and address the current climate and ecological emergency. When identifying funding needs, the City Manager will report to City Council whether existing funding is sufficient or if additional revenues will be needed; and (14) City Council supports staff efforts to consolidate the various separate sustainability goals and department initiatives into an updated Climate Justice Plan by December 2020; and (15) Beginning in fiscal year 2021 (which begins in 2020), the City will consider GHG emissions in its assessment of CIP project requests and provide a sustainability impact statement for all new CIP projects included in the Adopted Annual Budget Document; and (6) The City commits to keeping the concerns of vulnerable communities central to all climate program  planning processes and to invite and encourage such communities to actively participate in the development and implementation of the City’s climate change mitigation and adaptation efforts. This engagement should result in real benefits for these communities without exacerbating the current lack of affordable housing within the City. Examples of such benefits include, but are not limited to, pollution reduction, healthier homes, and reduced energy costs; and (17) The City will work with business, land development, and other private sectors to identify and incentivize effective ways to reduce GHG emissions and meet our community wide 100% renewable energy goal.” Five individuals spoke in support of this resolution. Councilman Haynes said that even though this took a little longer than he might have hoped, he acknowledged all the parties who assisted in moving this climate emergency resolution forward. The important roles played by members of the City, Amber Weaver and the Office of Sustainability; City Manager Campbell; and the Mayor and members of Council. Most of all he would like to commend The Sunrise Movement and its members for encouraging Council to pass a climate emergency resolution. Without the persistent efforts of this vitally important youth-led movement, this resolution would not have happened. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bfdSK13JKYeWbjVz_We1rP5gYRr2Jpyz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2020-02-11","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of minutes of 1/28/2020 regular meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-02-11","mt":"regular","id":"B","ref":"RES 20-26","it":"resolution","t":"Authorize free annual transit passes to board/commission members","desc":"Background: - To provide board members of city managed boards (those that have a city employee staff liaison) with free annual transit passes. - 238 annual passes to be issued in 2020. - Annual passes have unlimited use on all ART (Asheville Rides Transit) bus routes. - Annual passes expire at the end of the calendar year; new passes will be issued in January. - The Clerk's Office will coordinate with the transit manager and committee staff liaisons to issue passes yearly. - Board members will be required to return the annual pass at the end of their term, or at the time of resignation, so that the new (replacement) board member can have the pass.  Committee(s): - Boards & Commissions Council Committee- January, 14, 2020 - unanimous recommendation to forward to City Council Pro(s): - Incentive and perk for board members who volunteer their time to serve on a city committee. - Increased ridership and awareness of public transportation. - Aid to alleviate parking and transportation barriers for board members to attend meetings. Con(s): - Loss of revenue from annual passes distributed. Fiscal Impact: - If every member received an annual pass, the potential loss of revenue would be $52,360 (238 members x $220 fee); however, it is unlikely that all members will request an annual pass.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-02-11","mt":"regular","id":"C","ref":"RES 20-27","it":"resolution","t":"Set public hearing 2/25/2020 on Fletcher annexation agreement","desc":"Background: - The City has received a petition from property owner, Butel Two, LLC, to voluntarily annex a 2.01 acre property developed as a Holiday Inn and Suites and located at 9 Brian  Boulevard (PIN #9643-85-3550), near the airport, in Buncombe County which is non-contiguous to the primary corporate limits of Asheville (the “Property”). - N.C. Gen. Stat. sec 160A-58.1 permits a city to annex a non-contiguous area, however, if the area is closer to the primary corporate limits of another city/town than it is to the corporate limits of the city that is being asked to annex, then there must be an annexation agreement between the two municipalities which states that the city/town whose corporate limit is closer, will not seek to annex this area. - It has been determined that the property for which annexation is requested is closer to the primary corporate limits of the Town of Fletcher than it is to the primary corporate limits of the City of Asheville, and therefore, the two municipalities would need to enter into an Annexation Agreement before the City could consider the requested annexation. - N.C. Gen. Stat. sec. 160A-58.23 authorizes cities to enter into Annexation Agreements as long as they are of reasonable duration not to exceed 20 years and they are approved by ordinance of the governing board of each city. - The Town of Fletcher has expressed its willingness to enter into an Annexation Agreement, valid for a period of 20 years, in which they agree not to seek to annex the Property. The Town of Fletcher considered an ordinance approving the agreement at its February 3rd Town Council meeting, at which time it was adopted unanimously. - Approval of the Annexation Agreement by the City of Asheville does not bind it to annex the Property and the actual annexation would be considered at a later date and a separate public hearing. The property would also need to be rezoned (Lodging Expansion Conditional Zoning) in order to be annexed into the City. The annexation and rezoning process would be handled concurrently.  Committee(s): - None Pro(s): - The Annexation Agreement with the Town of Fletcher would allow the City to annex the non-contiguous property if it so desires. - The request to enter into an annexation agreement is a necessary step in order to be responsive to the petitioner’s request for voluntary annexation. - The annexation of the Property, if approved, will provide the City with new property tax revenue. Con(s): - None noted. Fiscal Impact: - If the property is annexed, the City would receive approximately $56,000 in property tax revenue based on the current value and tax rate.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-02-11","mt":"regular","id":"D","ref":"RES 20-28","it":"resolution","t":"Contract with Carolina Specialties Construction for Jake Rusher Park improvements","desc":"Background: - Jake Rusher Park has been identified to receive improvements in the approved GO Bond package. The neighborhood has provided input at several public meetings and the park is designed for the most desired amenities: restrooms, parking, and sports courts. - Bids were advertised on December 19, 2019. The pre-bid meeting was held on January 7, 2020. - The following four bids were received and formally opened on January 23, 2020: - Carolina Specialties Construction, Hendersonville NC $828,157 base bid - $975,274 with all alternates. - J. Bartholomew Construction, Hendersonville NC, $859,500 base bid - $990,500 with all alternates. - Patton Construction, Asheville NC, $890,570 base bid - $1,126,870 with all alternates. - Sossamon Construction, Gaffney SC, $1,001,123 base bid - $1,168,710 with all alternates. - Alternates included 1) replacing existing deteriorating storm drainage; 2) providing one year maintenance for trees and shrubs; and 3) adding sports courts with fencing, furnishings, and goals; and 3) sidewalks to the courts. - Carolina Specialties Construction was the lowest responsive, responsible bidder. The construction work will include all of the alternates and is estimated to take six to seven months. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned business through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. The low bidder is not a MWBE, but will be contracting with three MWBE subcontractors.  Committee(s): - A project update was given to the Recreation Advisory Board on January 13, 2020. Pro(s): - Provide needed park improvements for this South Asheville park. - All bid alternates can be built with this bid. Con(s): - None Fiscal Impact: - Funding for this contract is included in the approved GO Bond Capital budget and annual Parks and Recreation Capital Improvements Program budget.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-02-11","mt":"regular","id":"E","ref":"ORD 4790","it":"ordinance","t":"Enable City to regulate/administer parking at Asheville Regional Airport","desc":"Background: - The Greater Asheville Regional Airport Authority has requested in writing that the City of Asheville regulate and administer parking at the airport. - Public Safety staff at the airport will issue the citations and submit them to the City. - N.C. Gen. Stat. § 160A-301(d) gives the City the authority to regulate and administer parking on privately-owned public vehicular areas. - Regulate means to apply the parking regulations of Chapter 19, Article V, Division 1 of the City of Asheville Code of Ordinances. - Administer means to process the actual citations as they are submitted. - The City of Asheville provided this service several years ago and has the capacity to resume performing this function.  Committee(s): - Multi-Modal Transportation Commission - January 22, 2020 - Unanimously approved - Planning & Economic Development - February 10, 2020 - Pending Pro(s): - Enables the City to provide a service to another entity. - Provides a good partnership opportunity. - Citation revenue will exceed administration expenses. Con(s): - None Fiscal Impact: - The cost to administer the program is about $3.50 per citation and the anticipated revenue per citation is $20.00. Revenue will exceed administration expenses.","c":"Public Safety","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-02-11","mt":"regular","id":"F","ref":"RES 20-29","it":"resolution","t":"Apply to NCDOT Section 5303 metropolitan planning funds","desc":"Background: - FTA Section 5303 Metropolitan Planning Program provides recurring funding for transit planning activities, including personnel. - The City applied for and receives Section 5303 funding on a recurring basis. These funds are programmed annually to supplement a portion of existing transit division planning staff wages. The City receives $60,000 (80%) from FTA, and the City and NCDOT provide $7,500 each in matching funds (20%). Without these funds, the general fund would need to provide additional funding for transit personnel. - Staff have applied for these funds since the application deadline was February 7, 2020 . - If for some reason the Council does not authorize the application on February 11, 2020, staff will withdraw it. - If awarded, staff will budget the funding in the proposed FY 20-21 transit administration budget to fund personnel.  Committee(s): - None Pro(s): - Supplements funding for multiple transit planning positions. - Enables the City of Asheville to leverage $67,500 in Federal and State funds to support transit planning activities. Con(s): - The City is responsible for half of the 20% local match, which is $7,500. Fiscal Impact: - The required local match in the amount of $7,500 will be included in the proposed FY 2020-21 Transit Operating Budget.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-02-11","mt":"regular","id":"G","ref":"RES 20-30","it":"resolution","t":"Contract with ADE Project LLC for Business Inclusion technical assistance","desc":"Background: - At the end of 2018, the City received the results of the Disparity Study which reviewed the participation of minority- and women-owned businesses in City contracting. This study showed substantial disparities in certain areas of contracting, especially in the African American community. - Council identified this work as a priority and approved funding for this effort in this year's budget. - This contract is the result of a Request for Proposals (RFP) issued by the Asheville Business Inclusion Office. Four proposals were received. Two of the proposals were not qualified to perform the work because they did not have work experience in the Relevant Geographic Market Area (as defined by the Disparity Study). - ADE Project was selected as the most qualified vendor to perform the work. - The contractor will lead groups, design, and deliver high - quality technical assistance to the existing Relevant Market Area concentrating on small businesses and startups owned by African Americans as well as other minorities identified by the Disparity Study. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and targeted outreach by the City’s Business Inclusion Manager. - The consultant selected is an African American vendor.  Committee(s): - N/A Pro(s): - The disparity study provided substantial information that the City should prepare and better encourage the participation of minority- and women-owned businesses in its contracts, including sponsor workshops, training, and conferences that help minority- and women-owned businesses increase business experience and capacity to become actively involved in City contracting. - ADE will provide such services on behalf of the City. - The work will be done by an all African American led team of instructors. Con(s): - None Fiscal Impact: - Funding for this contract exists within the approved Economic and Community Development Department budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-02-11","mt":"regular","id":"H","ref":"RES 20-31","it":"resolution","t":"Amend 2020 meeting schedule to add 2/25 hotel standards worksession","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-02-11","mt":"regular","id":"I","ref":"RES 20-32","it":"resolution","t":"Approve Housing Authority multifamily revenue bonds for Arrowhead Apartments","desc":"Background: - The Asheville Housing Authority has requested approval of issuance of up to $17,850,000 in multi-family housing revenue bonds to provide financing for the acquisition and rehabilitation of the Arrowhead Apartments, a 116 unit development for seniors (62+) built in 1979 which is located in four residential buildings at 100 Cheerio Lane in Asheville. - The project is, and will continue to be, 100% subsidized under the Project-Based Section 8 Housing Assistance Program (“HAP Contract”) program of HUD and all units are affordable to and set aside for individuals with incomes at or below 60% of the AMI. - The property will be acquired and renovated by Arrowhead Renewal LP, a North Carolina Limited Partnership, or an affiliated or related entity, via a 4% Low Income Housing Tax Credit (“LIHTC”) syndication financed by tax-exempt bonds issued by the Housing Authority. - The proposed rehabilitation scope will completely overhaul the unit interiors-upgrading kitchens, bathrooms, living spaces, appliance and fixtures. The rehabilitation will also address mechanical systems such as HVAC, elevators, plumbing, electrical as well as roofing. The proposed renovation is expected to cost more than $40,000/unit. - The IRS Code Section 147(f) requires that any bonds issued by the Housing Authority for developments such as this have the approval of the plan of financing by City Council, following a public hearing with respect to such plan. On November 7, 2019, the Housing Authority held a public hearing, and there were no comments. - This approval by City Council does not obligate the City in any way to issue or pay for the bonds, or for any other debt undertaken by Arrowhead Renewal LP in connection with this project.  Committee(s): - None Pro(s): - The significant rehabilitation of an existing 116 unit affordable housing development for seniors. Con(s): - None Fiscal Impact: - As noted above, the approval of this bond issuance does not require City investment.","c":"Housing","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-02-11","mt":"regular","id":"IV-A","ref":"RES 20-35","it":"public_hearing","t":"Permanently close unopened ROW known as Oak Street","desc":"Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened right-of-way known as Oak Street. This public hearing was advertised on January 17, 24, 31 and February 7, 2020.  Background: - N. C. Gen. Stat. Sec 160A-299 grants cities the authority to permanently close streets and alleys. - Nettlewood Associates LLC ( PIN # 9656-10-0957, 9656-10-0853, 9656-10-2829) has requested the closure. Nettlewood Associates LLC owns all adjoining parcels. - This closure allows maximum land use potential for further development while complying with Living Asheville - A Comprehensive Plan for Our Future. The ultimate plan is a surgical center. The closure is being pursued prior to the sale of the property.  Committee(s): - Multimodal Transportation Committee - December 11, 2019 - Recommended closing the right-of-way by unanimous vote. Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:00 p.m., and when no one spoke, she closed the public hearing at 6:00 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2020-02-11","mt":"regular","id":"IV-B","ref":"RES 20-36","it":"public_hearing","t":"Permanently close unopened ROW between Midway Drive and Willis Way","desc":"Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened right-of-way between Midway Drive and Willis Way. This public hearing was advertised on January 17, 24, 31 and February 7, 2020.  Background: - N. C. Gen. Stat.Sec 160A-299 grants cities the authority to permanently close streets and alleys. - Ted and Jessica Leaven have requested the closure and own both adjacent properties, 65 Ramoth Road and Midway Drive, PIN #s 7649-48-1087 and 9646-48-2076. - This closure allows maximum land use potential for further development while complying with Living Asheville - A Comprehensive Plan for our Future. The alley is between two parcels owned by the same owner. The owner is wanting to combine the two parcels into one. Part of the attached deck is in the right-of-way.  Committee(s): - Multimodal Transportation Committee - December 11, 2019 - Recommended closing the unopened right-of-way by unanimous vote Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable, high density infill growth that makes efficient use of existing resources Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:03 p.m., and when no one spoke, she closed the public hearing at 6:03 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2020-02-11","mt":"regular","id":"IV-C","ref":"RES 20-37","it":"public_hearing","t":"Permanently close unopened alley off Federal Alley","desc":"Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened alley off Federal Alley. This public hearing was advertised on January 17, 24, 31 and February 7, 2020.  Background: - N. C. Gen. Stat. Sec. 160A-299 grants cities the authority to permanently close streets and alleys. - Asheland Properties LLC ( PIN # 9648-38-0052, 9648-37-1928, 9648-37-2825, 9648-37-2643) has requested the closure. - This closure allows maximum land use potential for further development while complying with Living Asheville - A Comprehensive Plan for Our Future. This is for the Asheland/Coxe development. This is a wide portion of right-of-way. This will allow the wider sidewalk to be constructed out to Federal Alley.  Committee(s): - Multimodal Transportation Committee - December 11, 2019 - Recommended closing the right-of-way by unanimous vote. Pro(s): - The closure will allow the Asheland/Coxe development to install sidewalk and trees along Federal Alley. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:04 p.m. A woman who works in the adjacent building said they are about to lose parking spots when the apartments come in. Any opportunities to support the employees downtown who help with tourism would be appreciated.  Mayor Manheimer closed the public hearing at 6:08 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2020-02-11","mt":"regular","id":"J","ref":"RES 20-33","it":"resolution","t":"Intent to close unopened ROW Merritt Park Lane; set PH 3/24/2020","desc":"Background: - N. C. Gen. Stat. Sec 160A-299 grants cities the authority to permanently close streets and alleys. - The City of Asheville has petitioned for this closure which is associated with the sale of City-owned property at 360 HIlliard Ave. (PIN # 9648-18-3942) and 9999 Merritt Park Lane (PIN# 9648-18-3669) to Hilliard Park Apartments, LLC for an affordable housing development. - An unopened portion of Merritt Park Lane crosses the Merritt Park Lane property and runs along its eastern border. - Upon closure, all of the portion of the unopened right-of-way that crosses the Merritt Park property will become the property of Hilliard Park Apartments, LLC and all of the unopened right-of-way along the eastern border of the Merritt Park property will become the property of the City as agreed to by Hilliard Park. - As part of the purchase agreement, Hilliard Park has agreed to construct a public greenway which will run along the western border of the 360 Hilliard property as well as the northern portion of the Merritt Park property where the unopened right-of-way currently exists. Upon completion, the greenway area will be deeded back to the City. - This closure allows maximum land use potential for further development while complying with Living Asheville - A Comprehensive Plan for our Future. This is a multi-family residential building with 86 units, several of which are affordable units.  Committee(s): - Multimodal Transportation Committee - January 22, 2020 - Recommended closing the right of way by unanimous vote. Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - A portion of the closed right of way on the Merritt Park property will be constructed as a public greenway. - Meets Council’s goals to promote sustainable, high density infill growth that makes efficient use of existing resources Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-02-11","mt":"regular","id":"K","ref":"RES 20-34","it":"resolution","t":"Urge Congressional passage of H.R.763 Energy Innovation and Carbon Dividend Act","desc":"Background: - City Council passed Resolution 18-92 Federal Congressional Action to Adopt Legislation for a Carbon Fee and Dividend Policy to Address Climate Change per Citizens Climate Lobby recommendation in April 2018. - HR763 imposes a fee on the carbon content of fuels, including crude oil, natural gas, coal or any other product derived from those fuels that emit greenhouse gases into the atmosphere. - HR763 includes exemptions for fuels used for agricultural or non-emitting purposes. - HR763 exempts fuel used by the Armed Forces. - HR763 includes rebates for facilities that capture and sequester carbon dioxide. - HR763 includes border adjustment provisions that require certain fees or refunds for carbon-intensive products that are exported or imported. - Support of this resolution and the recent Climate Emergency Resolution adopted on January 28, 2020, acknowledges that climate change is a critical and issuing a carbon fee and dividend would be an effective way to address carbon reduction.  Committee(s): - Sustainability Advisory Committee on Energy and the Environment unanimously approved the resolution at their November 2019 meeting. Pro(s): - Supports Resolution 18-92 Federal Congressional Action to Adopt Legislation for a Carbon Fee and Dividend Policy to Address Climate Change Con(s): - None Fiscal Impact: - None Councilman Haynes said that he could not support the House Bill 763 which Council is being asked to endorse. Speaking to the Sustainability Advisory Committee on Energy & the Environment in October, a representative with the Citizens Climate Lobby described the Bill as a meatless bone. While it’s true that it would do little to address the climate emergency, we are facing flaws that run much deeper than that. This Bill precludes the Environmental Protection Agency from regulating C02 emissions covered by the Bill for a period of ten years. Whether the Bill’s targets are being met will be assessed in the year 2030 - the same year that last year’s IPCC report says we need to have drastically reduced C02 emissions. Brett Harti of the Center for Biological Diversity stated “We don’t have a decade to cross our fingers and hope a huge giveaway to fossil fuel companies gets us out of the climate crisis.” It exempts the U.S.Military which is the largest institutional consumer of petroleum in the world. According to the Open Secrets website, 48 of the bill’s co-sponsors have taken money from the oil and gas industry and the Electric Utilities industry. We can no longer allow the fossil fuel and utility industries to help write legislation ensuring their self preservation while their actions continue to move the planet towards irreversible catastrophic changes to the environment. At our previous meeting this Council unanimously passed a climate emergency resolution calling for bold actions to combat the climate crisis. HR 763 fails to meet that challenge. He could not support this endorsement. Two individuals opposed the Bill. Six individuals spoke in support of the Bill.","c":"Environment & Sustainability","mo":"individual","mv":"Mayfield","sec":"Young","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":1,"mr":"contested vote","sq":10},{"d":"2020-02-11","mt":"regular","id":"VI-1","ref":"RES 20-38","it":"appointment","t":"Appoint members to Civic Center Commission (Pacifici, Ellis)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission. Kyle Smith resigned as a member of the Civic Center Commission, thus leaving an unexpired term until June 30, 2021. In addition, Sykes Lowe has resigned as a member of the Civic Center Commission, thus leaving an unexpired term until June 30, 2020. The following individuals applied for the vacancy: David Nutter, Lee Arevian, John Ellis, Steven M. Howard, Tony Micocci and Mukunda Pacifici. The Boards & Commissions Committee recommended appointment of John Ellis and Mukunda Pacifici.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"no material signals","sq":14},{"d":"2020-02-11","mt":"regular","id":"VI-2","ref":"RES 20-39","it":"appointment","t":"Appoint member to Recreation Board (Lafitte)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Recreation Board.  Mr. Justin Thompson resigned as a member of the Recreation Board, thus leaving an unexpired term until June 30, 2021. The following individuals applied for the vacancy: Craig Ruhland, Matt Lutz, Madison Brightwell, Bryce Senz, Elizabeth Lafitte, Shannon Rupert and James Barney. At the recommendation of the Recreation Board, the Boards & Commissions Committee recommended appointing Elizabeth Lafitte.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"no material signals","sq":15},{"d":"2020-02-11","mt":"regular","id":"VI-3","ref":"RES 20-40","it":"appointment","t":"Appoint member to Urban Forestry Commission (de Jong)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Urban Forestry Commission. Mr. Guillermo Rodriguez resigned, thus leaving an unexpired term until December 31, 2020. The following individuals applied for the vacancy: Robert Brown, Patricia Strang, Karen MacNeil, Callie Warner, Noah Poulos, Catherine Murphy and Perrin de Jong. At the request of the Urban Tree Commission, the Boards & Commissions Committee recommended appointing Perrin de Jong.","c":"Environment & Sustainability","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/18nP8j-XQ7hXKHsV3y8lJbBzP1JMZ1AAC/view?usp=sharing","mat":0,"mr":"no material signals","sq":16},{"d":"2020-02-25","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on February 11, 2020","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-02-25","mt":"regular","id":"II-B","ref":"RES 20-41","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Austin Construction and Grading Company for the Elsie's Bridge Greenway","desc":"Background: - This project re-purposes a former road bridge to connect Depot Street to Ralph Street. The project includes construction of concrete trail path to include grading and erosion control, construction of concrete curb ramp and incidental concrete sidewalk, and refurbishment of bridge surface and installation of handrail. - Development of this facility will enable the neighborhood to connect to the future Town Branch Greenway. - Plans provide for a community garden on the corner of the City-owned property. - Expected construction duration is 90 days. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - A MWBE, Asheville Fence (Asheville Contracting Company Inc.) of Candler, NC, is a named subcontractor for this project..  Committee(s): - None Pro(s): - Development of this facility will enable the neighborhood to connect to the future Town Branch Greenway. - Plans provide for a community garden on the corner of the City-owned property. Con(s): - None Fiscal Impact: - Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-02-25","mt":"regular","id":"II-C","ref":"RES 20-42","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Piedmont Utility","desc":"Background: - The Reed Creek Greenway Extension is an extension of existing greenway facilities behind a planned mixed-use building construction. The project includes construction of asphalt trail path to include grading and erosion control, construction of concrete curb ramps and incidental concrete sidewalk, entrance monuments, and installation of handrail. - Development of the extension will ultimately span the stretch between Magnolia Avenue and Elizabeth Street. - Expected construction duration is 90 days. - The facilities behind the upcoming mixed-use building construction (from approximately West Chestnut Street bridge south to Elizabeth Street) will be constructed by the developer simultaneously with the building construction. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned business through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor.  Committee(s): - None Pro(s): - This project will extend the existing Reed Creek Greenway from Magnolia Avenue to Elizabeth Street. Con(s): - None Fiscal Impact: - Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-02-25","mt":"regular","id":"II-D","ref":"RES 20-43","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Hazen and Sawyer","desc":"Background: - The Water Resources Department has identified the need for this project to address issues with discolored water that sometimes occurs after water main breaks or intermittent, large changes with system demand. The discolored water is a result of sediments, biofilms, and other deposits being scoured off the pipe walls when water velocities increase dramatically in a section of pipe. The dramatic increase in velocities is typically caused by main breaks and large demand changes. - A Unidirectional Flushing (UDF) Program is designed to create water velocities in sections of pipe needed to scour the deposits from the pipe walls in a controlled manner by isolating customers, manipulating valves, and utilizing fire hydrants or blow-offs to discharge the water in an environmentally safe manner. - Unidirectional Flushing is typically implemented over a percentage of the water system each year as a preventive maintenance measure. The methods of the UDF program can also be utilized during an emergency event where discolored water has been reported. Implementation of those methods will allow us to better isolate the issue to smaller parts of the system and to more effectively flush out any discolored water. - This contract will allow the development of a pilot study to be implemented over two areas of the water system with pipes of various age and types to determine the effectiveness of removing deposits from pipes in the City of Asheville’s water system. If the results of the pilot study are positive, a request for phase 2 of the program will be made to develop the program for the entire system. - Selection of the two pilot areas will be a function of the contract. The process will incorporate input from staff and the engineer. Each pilot area will include approximately 25 miles or less of pipe in a geographically distinct and easily isolated section of the distribution system, one where city crews have conducted a valve assessment and one that has not been covered in the valve assessment program. - Impact to customers will likely be possible discolored water. Customers will be notified prior to flushing. A \"discolored water\" template is being developed to utilize AVLAlerts for this exercise as well as normal system flushing. There will be the possibility of boiled water advisories during the flushing process which will be communicated prior to any flushing. - The duration for the actual flushing will be a few weeks for each area. The duration for the complete pilot study will be determined based on estimates from the consultant with the limitation of not to exceed $50,000. Vendor Outreach Efforts: - Through a qualifications based selection process beginning in August of 2014, the City of Asheville Water Resources staff selected nine consulting firms to provide on-call professional services for an array of different types of water system General Projects. Hazen and Sawyer was one of the selected firms due to their expertise in areas of hydraulic modeling, water system analysis, and project development. - The City of Asheville entered into a master agreement with Hazen and Sawyer on April 22, 2015 for on-call professional services for General Projects valid for three years with the option to renew for two additional years. On April 23, 2018, the City of Asheville executed a renewal master agreement with Hazen and Sawyer for the additional two years of on-call professional services. - If approved, the proposed engineering services described here will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources staff determined that utilizing the on-call professional services for General Projects was the best method to deliver this project and Hazen and Sawyer was the most qualified of the on-call firms to develop the UDF program. - No other vendor outreach was performed.  Committee(s): - None Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. - Hazen and Sawyer has successfully provided engineering services for other water system improvement projects. Their experience with our water system and expertise in hydraulic modeling and other areas needed to produce an UDF program will be critical to a successful UDF program. Con(s): - None Fiscal Impact: - The funding needed for the professional services agreement is currently allocated within the Water Resources Capital Improvements Project Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-02-25","mt":"regular","id":"II-E","ref":"RES 20-44","it":"resolution","t":"Resolution amending the 2020 City Council meeting schedule to add a City Council retreat","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-02-25","mt":"regular","id":"II-F","ref":"RES 20-45","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with IBI Group","desc":"Background: - In May 2019, City Council authorized the City Manager to enter into a contract in the amount of $278,000 with IBI Group, PC, Raleigh, NC, to conduct a facility study for the City’s operations and maintenance (O&M) centers. The study includes a space needs assessment for Public Works, Fleet, Parks Maintenance, and Facilities Maintenance. The study will evaluate the costs associated with relocating these service facilities and the impact to City operations and services. - The 2018 Transit Master Plan includes a projection for the year 2030 that increases the fleet from 26 to 52 buses and which would more than double the service hours. Additionally, it envisions a transition to 100% renewable energy within this timeframe. - The existing Transit Garage at 360 W. Haywood Street is at capacity and cannot accommodate the projected increase in the bus fleet and service hours without an investment in facilities. - A facility study is needed to evaluate the facilities costs associated with an expansion in transit services. The study will inform the City of the size of space required, potential cost for relocation, will help consider various maintenance delivery models, and life cycle costs associated with a new site if relocation were to occur. The study will include the funding requirements and budgetary cost estimates for a new location. - This firm was selected by a staff committee using a qualifications based selection process. It is anticipated that the findings from the study will be available in September. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned business through solicitation processes which included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. No MWBE firms submitted qualifications for consideration as the prime consultant.  Committee(s): - None Pro(s): - Funds a key study critical to implementing the 2018 Transit Master Plan. - Performs a key planning task essential for an organization with a large facilities portfolio. - Considers possible efficiencies of facility co-location with other City operations. Con(s): - None Fiscal Impact: - The total cost for the ART Transit Garage study is a negotiated fee of $79,750. Funding for this study is already included in the adopted Transit Services Fund budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-02-25","mt":"regular","id":"II-G","ref":"ORD 4791","it":"ordinance","t":"Budget amendment to accept private donations to purchase K-9 ballistic vests","desc":"Background: - On October 11, 2019, a private donation was recorded in the amount of $4,000 which included a memo that the funds be used to purchase dog protective vests. - On November 26, 2019, a private donation was recorded in the amount of $1,000 which included a memo that the funds be used to purchase dog protective vests. - APD has researched different K-9 vests and received a quote to purchase 8 vests to outfit our entire K-9 team for a unit price less than the current state contract price of the chosen model of a vest. - APD is requesting the ability to use the aforementioned donations to help fund the cost of the vests.  Committee(s): - n/a Pro(s): - Provide protection to our service animals Con(s): - None Fiscal Impact: - The budget amendment will increase the City of Asheville’s General Fund budget by $5,000.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-02-25","mt":"regular","id":"IV-A","ref":"ORD 4602","it":"public_hearing","t":"Continuation of public hearing on the conditional zoning for the RAD Lofts project at 146 and 179 Roberts Street (continued to March 10, 2020)","desc":"This public hearing was opened on January 14, 2020, and continued to this date. At the applicant’s request,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"continuance","sq":7},{"d":"2020-02-25","mt":"regular","id":"IV-B","ref":"ORD 4792","it":"public_hearing","t":"Ordinance approving an annexation agreement between the City of Asheville and the Town of Fletcher designating a non-contiguous area as not subject to annexation by Fletcher","desc":"Assistant City Attorney Jannice Ashley said that this is the consideration of an ordinance approving an annexation agreement between the City of Asheville and the Town of Fletcher designating a non-contiguous area as not subject to annexation by Fletcher. This public hearing was advertised on February 14, 2020.  Background: - The City has received a petition from property owner, Butel Two, LLC, to voluntarily annex a 2.01 acre property developed as a Holiday Inn and Suites and located at 9 Brian Boulevard (PIN #9643-85-3550), near the airport, in Buncombe County which is non-contiguous to the primary corporate limits of Asheville (the “Property”). - N.C. Gen. Stat. sec 160A-58.1 permits a city to annex a non-contiguous area, however, if the area is closer to the primary corporate limits of another city/town than it is to the corporate limits of the city that is being asked to annex, then there must be an annexation agreement between the two municipalities which states that the city/town whose corporate limit is closer, will not seek to annex this area. - It has been determined that the property for which annexation is requested is closer to the primary corporate limits of the Town of Fletcher than it is to the primary corporate limits of the City of Asheville, and therefore, the two municipalities would need to enter into an Annexation Agreement before the City could consider the requested annexation. - N.C. Gen. Stat. sec. 160A-58.23 authorizes cities to enter into Annexation Agreements as long as they are of reasonable duration not to exceed 20 years (maximum time allowed by statute) and they are approved by ordinance of the governing board of each city. - The Town of Fletcher has expressed its willingness to enter into an Annexation Agreement, valid for a period of 20 years, in which they agree not to seek to annex the Property. The Town adopted Ordinance No. 0-20-01 approving the Annexation Agreement at its February 3rd, 2020 Town Council meeting. - Approval of the Annexation Agreement by the City of Asheville does not bind it to annex the Property and the actual annexation would be considered at a later date and following a separate public hearing. The property would also need to be rezoned (Lodging Expansion Conditional Zoning) in order to be annexed into the City. The annexation and rezoning process would be handled concurrently.  Committee(s): - None Pro(s): - The Annexation Agreement with the Town of Fletcher would allow the City to annex the non-contiguous property if it so desires. - The request to enter into an annexation agreement is a necessary step in order to be responsive to the petitioner’s request for voluntary annexation. - The annexation of the Property, if approved, will provide the City with new property tax revenue. Con(s): - None noted. Fiscal Impact: - If the property is annexed, the City would receive approximately $56,000 in property tax revenue based on the current value and tax rate. We will have information about the cost to serve this site by the time we consider the actual annexation. Mayor Manheimer opened the public hearing at 5:11 p.m., and when no one spoke, she closed the public hearing at 5:11 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2020-02-25","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":9},{"d":"2020-02-25","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NX9Bs0Jl3zqmOE82Il2yCH3mHMpSgVCa/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":10},{"d":"2020-03-10","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of minutes of 2/25/2020 regular meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-03-10","mt":"regular","id":"B","ref":"RES 20-46","it":"resolution","t":"Contract with Brown and Caldwell for North Fork WTP baffle curtain emergency repairs","desc":"Background: - The North Fork Water Treatment Plant is the largest of the three water treatment plants for the City of Asheville water system. The North Fork WTP produces approximately 67% of the water that supplies the City of Asheville’s water distribution system. - In 2008, the North Fork water storage tank was retrofitted with five baffle curtains to increase the contact time (CT) of the treated water. The CT times are important to the treatment process at North Fork because they aid the disinfection process and are regulated by state and federal agencies. - Four of the five baffle curtains have fallen to the bottom of the tank and are no longer serving the purpose that they were intended. As a result, the North Fork clearwell must remain above 20’ at all times and be dosed at a higher residual level to meet minimum mandated requirements. - Geotechnical testing of the North Fork Water Treatment Plant sodium hypochlorite feed area is required to determine the degree of settlement and remediation options. This area supports the weight of two chemical bulk storage tanks that store up to 12,000 gallons each of sodium hypochlorite for use in the plant’s water treatment and disinfection. - The storage area has exhibited signs of significant settling resulting in cracking of the floor, tank support pads, and the building foundation. Testing of the area will be required to determine what steps are necessary to stabilize and protect the facility for the future. Vendor Outreach Efforts: - Through a qualifications-based selection process beginning in August 2014, the City of Asheville selected nine consulting firms to provide on-call professional services for an array of different types of water system projects. Brown and Caldwell was one of the firms selected based on their expertise in areas of water treatment plant construction and upgrades. - The City of Asheville entered into a master agreement with Brown and Caldwell on June 8, 2015 for on-call professional services valid for three years with the option to renew for two additional years. - On April 19, 2018, the City of Asheville executed a renewal master agreement with Brown and Caldwell for the additional two years of on-call professional services. - If approved, the proposed engineering services will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources staff determined that utilizing the on-call professional services for General Projects was the best method to deliver this project and Brown and Caldwell was the most qualified of the on-call firms.  Committee(s): - None Pro(s): - Return the North Fork WTP water storage tank to design parameters and return operational flexibility. - Decrease the requirement for higher disinfection dosages and costs. - Reduce the risk of compliance violations. - Protect and stabilize the North Fork Water Treatment Plant Sodium Hypochlorite Bulk Storage area. Con(s): - None Fiscal Impact: - Funding for this repair will come from Water Resources capital improvement funding that was previously allocated to NCDOT projects which are delayed and will not require payment in the current fiscal year.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-03-10","mt":"regular","id":"C","ref":"RES 20-47","it":"resolution","t":"Set public hearing 3/24 for Tribute/Collier Ave apartments Land Use Incentive Grant","desc":"Review: - Tribute Companies have applied for a Land Use Incentive Grant (LUIG) for their development at 11 Collier Avenue per the LUIG policy adopted by City Council and amended on October 22, 2019. - The development consists of 54 rental apartments with 100% (54) of the homes proposed serving individuals and families earning between 60.1% and 80% Area Median Income (AMI) for 20 years. - This project is located in the Asheville Central Business District - - 11 Collier Avenue (PIN# 9648-38-5770) - The developer estimates a total development cost of $6.5M. - Tax Value of the property, to be based on Buncombe County Tax Assessment estimate, is $4,776,599 post completion. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 10% of the units will meet the affordability standards set by the City of Asheville for households earning 80% or less of the Area Median Income (AMI). - The affordable units will be affordable to and leased to income-eligible households for at least 20 years. - The proposed development must be located inside the city limits. - The proposed development must be located to provide residents convenient access to jobs, schools and services. - The proposed development must be 70% residential in use based on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive 110 total points for affordability and an additional 50 points for location for a total score of 160 points. Per the policy, this will equal 21 years of grants in the amount of the City Property Taxes payable on the Ashland / Coxe Development. Proposal: - Affordable Rental Housing - The proposed project will provide fifty-four (54) units affordable to individuals and families earning between 60.1% to 80% of the area median income for an affordability period of twenty (20) years. Under this category, the project qualifies for 100 points. - Rental Assistance - The proposed project will accept 5 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more. Under this category, the project qualifies for 10 points. - Superior locational efficiency - The proposed project is located within .25 mile of a 1⁄2 hour transit stop served by an existing sidewalk , within the Central Business District, within 1 mile from job or urban center, and within a .5 mile from a Transportation Amenity. Under this category, the project qualifies for 50 points. - Staff have scored the project with 160 points, which qualifies the project for twenty one years (21) of Land Use Incentive Grant.  Committee(s): - Housing & Community Development Committee - February 11, 2020 - approved - Finance & HR Committee - February 25, 2020 - approved Pro(s): - The proposed project will provide 54 affordable rental housing units to households earning 80% or less of area median income; - The proposed project will have an affordability period of twenty (20) years; - The proposed project addresses the pressing need for affordable one-bedroom apartments (54); - The proposed project should have a significant economic impact. Construction wages and material purchases will positively affect the local and regional economy; - 54 affordable units located in the central business district (walkability score of 87 - very walkable, bike score of 70 - very bikeable) provides options for our downtown community workers who fall within the 80% AMI incomes. - Tribute Companies will communicate with the Asheville Housing Authority as the development prepares to come online that they are accepting Housing Choice Vouchers. Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development. - The Collier Development, while not required, offers no parking for its residents and can add to the individual or family transportation costs. Fiscal Impact: - The parcel has a combined current tax value of $521,000 and pays city property taxes of approximately $2,235 annually. - Under the estimated Tax Value of $4,776,599 post completion, the annual city property tax will be approximately $20,487. - The difference is $18,251 which would be granted to the property owner annually after payment for 21 years. - For 21 years and 54 affordable units at or below 80% AMI, the city will grant back a total of $383,292 over the 21 years of the LUIG which equals $7,098 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as suggested by our Lord Aeck Sargeant consultants and a subsidy cap that has been noted in other LUIG Staff Reports. - After year 21, the City will receive the approximate $20,487 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $2,235 in years 1 - 21.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-03-10","mt":"regular","id":"D","ref":"RES 20-48","it":"resolution","t":"Revoke Res 93-145; set liability claim settlement authority at $50,000","desc":"Background: - In 1993, Asheville City Council adopted Resolution 93-145; granting the City of Asheville Risk Management Division (Risk Management) authority to settle liability claims and lawsuits up to $25,000 on matters including but not limited to property damage, bodily injury, and employment claims while settlements exceeding $25,000 still required Asheville City Council approval. - Resolution 93-145 only provided administrative settlement authority for those matters under the purview of the City’s Risk Manager. However, other liability claims are handled primarily by the City Attorney, including but not limited to land use, zoning, and code enforcement matters. - Risk Management and the City Attorney’s Office seek updated settlement authority not to exceed $50,000 per claimant to increase efficiency by expediting claim resolutions. - The proposed administrative settlement authority limit accounts for inflation since Resolution 93-145 was adopted in 1993, and expands the authority to include those claims managed by the City Attorney. - Settlements exceeding $50,000 shall continue to require City Council approval.  Committee(s): - Finance and Human Resources Committee - February 25, 2020 - unanimously adopted to move forward to full Council. Pro(s): - Increased settlement authority expedites liability claims and lawsuit resolution to support claimants’ return to pre-loss condition and values the amount to keep up with inflation. - Increased efficiency for Council Meetings as fewer small claims will require the body’s consideration. - Creates consistency for claimants. Con(s): - None. Fiscal Impact: - There is no fiscal impact to this action. Annually, the Property & Liability Fund is allocated by City Council to utilize for liability claims and lawsuit-related settlements. Other settlements would be funded by specific project budgets or department funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-03-10","mt":"regular","id":"E","ref":"ORD 4793","it":"ordinance","t":"Technical budget amendment: $5.0M GO Bond funding into Housing Trust Fund","desc":"Background: - The $74 million General Obligation Bond Referendum that City of Asheville residents approved in November 2016 included $5.0 million for affordable housing loans. - Staff initially budgeted all of the G.O. Bond funding in the City’s General Capital Projects Fund, including the $5.0 million for affordable housing loans . - After discussions with the City’s Controller, staff are recommending that the affordable housing loans be budgeted and accounted for in the City’s Housing Trust Fund in order to better track all of the loan receivables that are part of the City’s affordable housing loan program. - In order to make this accounting change, a technical budget amendment is required to set up authorization for the loans in the Housing Trust Fund.  Pro(s): - Improves accounting and reporting by consolidating all affordable housing loans in one single fund. Con(s): - None. Fiscal Impact: - There is no overall fiscal impact with this technical budget amendment.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-03-10","mt":"regular","id":"F","ref":"RES 20-49","it":"resolution","t":"Apply to FBRMPO for FY2019 Section 5307/5310 transit grant funding","desc":"Background: - On January 31, 2020, FBRMPO issued a call for projects for the Federal Transit Administration FY 2019 Section 5310 and JARC Funds soliciting proposals, and upon  evaluating proposals received, FBRMPO will award grant funds through a competitive process to successful applicants. - The Section 5310 Funding program is used for improving mobility for seniors and individuals with disabilities by removing barriers to transportation services provided in the City of Asheville, and to provide enhanced mobility options to seniors and individuals with disabilities. The City uses 5310 funds to pay for a portion of the City’s existing paratransit service. The total amount of funding available from FY 2019 5310 funds is $303,332 and the City expects to apply for $166,832, which is the maximum allowed under the program. The match for these funds is 20%. - The 5307 JARC funding source is used to fund a portion of the operating costs of Route 170, which operates fixed-route service from downtown Asheville to the Town of Black Mountain. Route 170 frequency was increased from 5 to 8 trips per day recently with the January 5 launch of increased transit service per the Transit Master Plan. - The total amount of funding available from FY 2019 5307 JARC funds is $296,270 and the City expects to apply for $231,558, which is 50% of the total cost to operate the route 170 (the match for JARC funds is 50%). - The City is the designated recipient for the region and oversees and administers the grants after they are awarded to subrecipients by the FBRMPO. The City receives a 10% administrative fee for this effort.The grant application deadline for both grants is March 27, 2020. - These funds are annual recurring funds that are used to fund existing paratransit services and the Route 170 to Black Mountain.  Committee(s): - None Pro(s): - Project funding will enable the City of Asheville to use federal funds to help offset the annual operating cost of paratransit and Route 170 fixed-route services. Grant recipients and subrecipients are responsible for their local match. - The City will also receive $62,700 for oversight and administrative cost which does not require a local match. Of this amount, $33,703 will be used for the administrative cost for the Section 5310 program, with the remaining amount of $29,627 to be used for administering the JARC grant program. Con(s): - The City is responsible for the 20% and 50% local match for the Section 5310 and JARC Funding programs respectively. Fiscal Impact: - The local match will be included in the proposed FY 2020-21 operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-03-10","mt":"regular","id":"H","ref":"RES 20-50","it":"resolution","t":"Renew LexisNexis ACCURINT crime analysis tool contract","desc":"Background: - The Asheville Police Department (APD) entered into a contractual agreement with LexisNexis ACCURINT (formerly ATACRAIDS) for a local and nationwide crime analysis platform on November 21, 2016. The total annual cost to APD at the onset was $29,600.00 with a 3% annual increase. - The ACCURINT platform has been extensively used internally by APD officers and crime analysts, used by the Citizen Police Advisory Committee (CPAC), as well as made available to the both the citizens of Asheville and Media via the web based Community Crime Mapper. The platform disseminates crime data in a geospatial map and on a link analysis chart. - On October 31, 2019, LexisNexis announced its new robust platform known as ACCURINT Virtual Crime Center (AVCC) at an annual cost of $35,000. - The new AVCC platform and with total contract costs (Nov. 2016 to current date) is now at $124,872. Vendor Outreach Efforts: - LexisNexis is the creator, a sole source vendor of (AVCC), which the City of Asheville's Police Department and its citizens are familiar with and have access to since November 2016. The access is through the web based Community Crime Mapper that disseminates crime data in a geospatial map and on a link analysis chart. The Crime Mapper allows its customers to access real-time nationwide public records databases. Accordingly, there is no other vendor or application available for purchase today that has the capabilities included in AVCC. - Due to sole source justification, no outreach to minority and women owned business conducted.  Committee(s): - None  Pro(s): - Use of a nationwide crime analysis platform, now more robust, extensively used internally by APD and its crime analysts since 2016, as well as, made available to the citizens of Asheville. Con(s): - None Fiscal Impact: - A $5,000 increase from the 2019 annual cost, i.e., $35,000 per year with a 3% increase annually. The funding for the contract is already included in the adopted Police Department budget.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-03-10","mt":"regular","id":"IV-A","ref":"ORD 4794","it":"public_hearing","t":"Amend conditional zoning (Ord 4602) for RAD Lofts, 146/179 Roberts St, re affordability","desc":"Urban Planner Jessica Bernstein said that this is the consideration of an ordinance to amend a previously approved conditional zoning approval (Ordinance No. 4602) for the RAD Lofts Project (Urban Place/Conditional Zone) located at 146 and 179 Roberts Street, to revise conditions related to affordability. This public hearing was advertised on January 3 and 10, 2020. This public hearing was opened on January 14, 2020, and continued at the applicant’s request to February 25, 2020, in order to continue working with staff. On February 25, 2020, at the applicant’s request, the public hearing was continued to this date. - Proposed condition: At least ten percent of the units shall meet the City’s standards for affordability at 80% Area Median Income or AMI (60.1 - 80% AMI) for a period of ten years from the issuance of the Certificate of Occupancy (CO). The rent and income shall follow the Affordable and Workforce Housing Standards determined annually by the City of Asheville Community Development Department. An Affordable Housing Deed Restriction will be provided by the City and filed and recorded by the applicant/property owner in the Buncombe County Register of Deeds prior to obtaining final CO. - The project location is within Census Tract 9, an Opportunity Zone area, a designation that was not in place during the original approval nor subsequent amendments.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Mayfield","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":1,"mr":"contested vote","sq":7},{"d":"2020-03-10","mt":"regular","id":"IV-B","ref":"RES 20-51","it":"public_hearing","t":"Permanently close unopened ROW known as Merritt Park Lane","desc":"Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened right-of-way known as Merritt Park Lane. This public hearing was advertised on February 14, 21, 28 and March 6, 2020.  Background: - N. C. Gen. Stat. sec 160A-299 grants cities the authority to permanently close streets and alleys. - City of Asheville has petitioned for this closure which is associated with the sale of City-owned property at 360 HIlliard Ave. (PIN # 9648-18-3942) and 9999 Merritt Park Ln (PIN # 9648-18-3669) to Hilliard Park Apartments, LLC for an affordable housing development. - An unopened portion of Merritt Park Lane crosses the Merritt Place Lane property and runs along its eastern border. - Upon closure, all of the portion of the unopened right-of-way that crosses Merritt Park property will become the property of Hilliard Park Apartments, LLC and all of the unopened right-of-way along the eastern border of the Merritt Park property will become the property of the City as agreed to by Hilliard Park. - As part of the purchase agreement, Hilliard Park Apartments has agreed to construct a public greenway which will run along the western border of the 360 Hilliard property as well as the northern portion of the Merritt Park property where the unopened right-of-way currently exists. Upon completion, the greenway area will be deeded back to the City. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future. This is part of the construction of the affordable housing project at 360 Hillard and the ultimate construction of the greenway. - An easement for MSD is being reserved within the closure, no other known utilities exist  Committee(s): - Multimodal Transportation Committee -January 22, 2020; Recommended closing the right of way by unanimous vote Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - A portion of the closed right of way on the Merritt Park property will be constructed as a public greenway. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources, by allowing the construction of the affordable housing at 360 Hillard and allowing for the construction of the new greenway. Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.  Mayor Manheimer opened the public hearing at 6:03 p.m., and when no one spoke, she closed the public hearing at 6:03 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2020-03-10","mt":"regular","id":"VI-1","ref":"RES 20-52","it":"appointment","t":"Appoint member to Board of Electrical Examiners (Pike)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Board of Electrical Examiners. David Martin (utility representative) has resigned as a member of the Board of Electrical Examiners, thus leaving an unexpired term until July 1, 2020. The following individual applied for the vacancy: Drew Pike The Boards & Commissions Committee recommended appointing Drew Pike.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":0,"mr":"no material signals","sq":9},{"d":"2020-03-10","mt":"regular","id":"VI-2","ref":"RES 20-53","it":"appointment","t":"Appoint member to Multimodal Transportation Commission (Wencel)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Multimodal Transportation Commission. Kim Roney (transit representative) has resigned as a member of the Multimodal Transportation Commission, thus leaving an unexpired term until July 1, 2021. David Nutter (greenway representative) has resigned, thus leaving an unexpired term until July 1, 2022. In addition, John Rideout (at-large representative) has resigned, thus leaving an unexpired term until July 1, 2020.  The following individuals applied for the vacancy: Dennis Wencel, Shannon Watkins, Amy Jones and Sandy Aldridge. At the recommendation of the Multimodal Transportation Commission, and the Boards & Commissions Committee recommended appointing Dennis Wencel as the at-large representative and to re-advertise for the two remaining seats..","c":"Transportation","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dr72H2BGKjMfwm0zBGDPWNxysD1UOnGV/view?usp=sharing","mat":1,"mr":"policy category","sq":10},{"d":"2020-03-24","mt":"regular","id":"II-A","ref":"","it":"motion","t":"Procedural motion to allow remote participation by up to three Council members during public meetings during the locally declared state of emergency (removed from Consent Agenda)","desc":"meetings during the duration of the locally declared state of emergency. This motion was seconded by Councilwoman Mayfield and carried unanimously by those present (Vice-Mayor Wisler, Councilman Haynes, Councilman Kapoor and Councilwoman Mayfield.)","c":"Administrative","mo":"individual","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"4-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"no material signals","sq":0},{"d":"2020-03-24","mt":"regular","id":"II-B","ref":"","it":"other","t":"Approval of the minutes of the regular meeting of March 10, 2020 and the City Council annual retreat minutes of March 13, 2020","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-03-24","mt":"regular","id":"II-C","ref":"RES 20-54","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to the existing transit consultant contract with InfraStrategies, LLC","desc":"Background: - Carolyn Flowers, Managing Principal of InfraStrategies, LLC was retained by the City - during February 2019 to provide transit operations consulting services for the Transit Division of the Transportation Department. - The original contract was for $49,000. - This contract amendment seeks to add $60,000 to the contract, which was already budgeted in the Fiscal Year (FY) 2020 Transit Operations Budget. Vendor Outreach Efforts: - N/A - this is a current contract.  Committee(s): - N/A Pro(s): - This action will continue to support implementation of the 2018 Transit Master Plan by providing additional technical and professional support to City staff. Con(s): - Funding is currently budgeted in the FY 2020 budget. Fiscal Impact: - Funding for this contract amendment was approved by the City Council as part of the FY 2020 budget process and is currently included in the Transit Operations budget.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-03-24","mt":"regular","id":"II-D","ref":"RES 20-55","it":"resolution","t":"Resolution authorizing the City Manager to sign a contract with Kimley-Horn & Associates for the Neighborhood Enhancement Projects Area 7","desc":"Background: - The Water Resources Department has prioritized this waterline replacement project for the current fiscal year and is seeking engineering design and project management assistance for this project. - The project will replace approximately 24,500 linear feet of existing substandard and failing water lines with predominantly 6-inch and 8-inch water lines and appurtenances designed and constructed in accordance with the City of Asheville standards. - The water lines prioritized for replacement as part of the Neighborhood Enhancement Projects Area 7 are within and along the following various neighborhoods and streets: Beacon Village area, Rainbow Ridge area, Barnard Avenue, Sevier Street, Hill Street, Joyner Avenue, Pearson Bridge, and Thompson Street. Vendor Outreach Efforts: - Through a qualifications based selection process beginning in August 2014, the City of Asheville selected four consulting firms to provide on-call professional services for Water Distribution and Storage Projects. - Kimley-Horn & Associates was one of the selected firms due to their expertise in areas of water distribution projects, water system analysis, and project development. - The City of Asheville entered into a master agreement with Kimley-Horn & Associates on May 11, 2015 for on-call professional services for Water Distribution and Storage Projects. The agreement had a three year term with the option to renew for two additional years. Then on April 19, 2018, the City of Asheville executed a renewal master agreement with Kimley-Horn for the additional two years of on-call professional services. - If approved, the proposed engineering services will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources staff determined that utilizing the on-call professional services for Water Distribution and Storage Projects was the best method to deliver this project and Kimley-Horn & Associates was specifically qualified to provide the required engineering services. - No other vendor outreach was performed.  Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects in order to provide safe and reliable service. - Kimley-Horn & Associates has successfully provided engineering services for other water system improvement projects. Their experience with our water system and expertise in water distribution projects will lead to a successful project with lesser negative impacts to customers and the City’s water system. Con(s): - Failure to award an engineering services contract would prevent the Water Resources Department from completing the Neighborhood Enhancement Project in a timely manner and delay the replacement of the existing aging water system.  Fiscal Impact: - The funding needed for the professional services agreement is currently allocated within the Water Resources Capital Improvements Project Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-03-24","mt":"regular","id":"II-F","ref":"RES 20-56","it":"resolution","t":"Resolution authorizing the City Manager to submit a grant application to the Federal Transit Administration for FY 2020 Section 5339(b) Buses and Bus Facilities funds","desc":"2020 SECTION 5339 (b) BUSES AND BUS FACILITIES DISCRETIONARY GRANT FUNDS PROGRAM, AND IF SUCCESSFUL, TO ACCEPT THE GRANT FUNDS AND SIGN ALL THE APPROPRIATE AGREEMENTS WITH THE FEDERAL TRANSIT ADMINISTRATION, FEDERAL AND STATE AGENCIES  Background: - In January 2020, the Federal Transit Administration published Notice of Funding Opportunity for the FY 2020 Section 5339(b) Buses and Bus Facilities discretionary grant program. - The grant is competitive and discretionary, whereby the FTA solicits project proposals from applicants, and awards funding to successful applicants for eligible capital projects through a competitive process. - The Buses and Bus Facilities Funding program can be used for the purchase or lease of buses, related equipment, as well as to rehabilitate, construct or lease bus-related facilities. Funds awarded for both grants may include incidental costs related to acquiring buses, construction of facilities and infrastructure, workforce development and training activities, and project administration. - The City plans to submit an application in the amount of $1,250,000 to continue the City’s bus stop improvement program. The funding will be used to provide curb-ramp improvements, sidewalk connections, shelters, seating, solar lighting, and digital signage at bus stops with the top 15% ridership, as well as locations serving vulnerable populations, such as the Veterans Restoration Quarters, Mission Hospital, the Veterans Administration Hospital, public housing locations, etc. - The application deadline for the Buses and Bus Facilities grant is March 30, 2020.  Committee(s): - None (Finance & Human Resources cancelled) Pro(s): - Project funding will enable the City of Asheville to use federal funds to help fund additional high-priority bus stop improvements. Con(s): - The match for the Buses and Bus Facilities grant is 20%, however improvements related to ADA and facilities have only a 10% match, which a significant portion of the grant will likely qualify for. The maximum match amount assuming a 20% match would be $250,000, and assuming a 10% match would be $125,000.  Fiscal Impact: - The local match is included in the Transit Capital Projects Fund budget.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-03-24","mt":"regular","id":"II-G","ref":"ORD 4795","it":"ordinance","t":"Ordinance delegating additional authority to the Mayor","desc":"Background: - N.C. Gen. Stat. § 166A-19.31(b) authorizes municipalities to adopt five categories of regulations in times of a declared state of emergency. - Pursuant to N.C. Gen. Stat. § 166A-19.31(a), the Asheville City Council has delegated portions of its authority to enact emergency regulations to the Mayor, through its adoption of Section 2-2 of the City Code of Ordinances. - As written, Section 2-2 of the City Code does not authorize the Mayor to issue by proclamation regulations pursuant to N.C. Gen. Stat. § 166A-19.31(b)(5), which broadly allows municipalities to regulate any activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during a state of emergency. - Given the need to be able to respond quickly to the threats posed by the novel corona virus known as COVID-19, it is desirable to allow the Mayor to issue all regulations needed to address the outbreak via proclamation.  Committee(s): - None Pro(s): - Will allow the Mayor to regulate by proclamation any activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency that has been declared in relation to the spread of COVID-19 Con(s): - None Fiscal Impact: - None","c":"Community Programs","mo":"consent_batch","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-03-24","mt":"regular","id":"II-H","ref":"RES 20-57","it":"resolution","t":"Resolution regarding the N.C. Dept. of Transportation","desc":"Summary: Councilwoman Mayfield presented this resolution which will serve as City Council’s comment on the final Environmental Impact Statement for I-26. Staff will be preparing a more technical letter. The following is the a portion of the resolution: “NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: (1) The City of Asheville calls on NC DOT to continue collaborating with the I-26 Working Group to develop improved designs for the east side of the Patton Avenue Corridor and the Jeff Bowen Bridge and incorporate those into the Record of Decision or the Request for Proposals; and (2) The City of Asheville further calls on NC DOT and its future design-build contractor to further reduce the size and impact of the project by: (a) tightening the footprint of all urban intersections throughout the project corridor, specifically including the Haywood Road interchange; (b) reducing the number of lanes on the new I-26 bridge over the river and continuing north to the Broadway exit; (c) reducing the height and radius of the I-240 flyover bridges; and (d) reducing the visual and auditory impacts on Riverside Cemetery and the adjacent Montford neighborhood; and (3) The City of Asheville further calls on NCDOT, with regard to the Request for Proposals and Aesthetic Recommendations, that: (a) NCDOT evaluate the design team qualifications, not only for multi-disciplinary representation to include urban planning, bridge design, structural engineering and landscape architecture, but also for demonstrated experience implementing creative transportation solutions that are contextually sensitive to both the natural environment and the urban character of a scenic destination city such as Asheville; (b) Substantial weight be assigned in RFP evaluation criteria to the qualifications of the responder’s design team as described above; (c) NCDOT include in its RFP an Aesthetics Scope of Work (“ASW”) reflecting the Aesthetics Recommendations; (d) NCDOT include the City in the RFP development and revision process; (e) the proposals submitted be evaluated on the degree to which they achieve the goals and objectives of the ASW and any additional improvements and betterments; and (f) the City be allowed to review and comment on the responses to the RFP; and (4) The City further calls on NCDOT and the design-build contractor to consider any new land use, greenway, or other plans or design proposals developed after the Record of Decision is signed that impact or relate to the project; and (5) The City further calls on NCDOT and the design-build contractor to utilize local businesses and residents to the greatest degree possible in the construction of the project; and (6) The City of Asheville further calls on NCDOT to work together to determine a suitable use for land underneath new bridges in the project so that land is put to use for the benefit of Asheville residents; and (7) The City of Asheville further calls on NCDOT to support the City’s acquisition of available right of way in the Patton Avenue Corridor in a “development-ready” state to further the redevelopment of that corridor as envisioned by the City; and (8) The City of Asheville be considered a key partner with NCDOT and the design-build contractor and that NCDOT consult with the City during the contract period on all aesthetic and design modifications, giving full consideration to the City’s views. Councilwoman Mayfield thanked the NCDOT for their close collaboration over the last 4 years on this project. We have improved this project immeaurably and appreciate the efforts and resources that the NCDOT in Raleigh and the local division have put forth in making this a better project. She said that the City will be a critical key partner in this project. City Clerk Burleson read five public comments regarding the I-26 Connector.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-03-24","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider a Land Use Incentive Grant for Tribute Development, Collier Avenue Apartments (continued to April 14, 2020)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"continuance","sq":7},{"d":"2020-03-24","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider an ordinance designating the Lewie Muller Griffith House at 65 Woodland Road as a local historic landmark (continued to April 14, 2020)","desc":"","c":"Community Programs","mo":"public_hearing","mv":"Kapoor","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"continuance","sq":8},{"d":"2020-03-24","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance to update open space requirements (continued to April 14, 2020)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":0,"mr":"continuance","sq":9},{"d":"2020-03-24","mt":"regular","id":"V-A-adopt","ref":"ORD 4794","it":"ordinance","t":"Second and final reading: Ordinance No. 4794 amending the previously approved conditional zoning for the RAD Lofts project","desc":"Vice-Mayor Wisler said that the public hearing regarding Ordinance No. 4794 was conducted on March 10, 2020, and no public comment will be taken at this second and final reading.","c":"Zoning & Land Use","mo":"individual","mv":"Mayfield","sec":"Kapoor","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":1,"mr":"contested vote","sq":11},{"d":"2020-03-24","mt":"regular","id":"V-A-continue","ref":"ORD 4794","it":"ordinance","t":"Motion to continue the second and final reading of Ordinance No. 4794 (RAD Lofts conditional zoning) until April 14, 2020","desc":"Vice-Mayor Wisler said that the public hearing regarding Ordinance No. 4794 was conducted on March 10, 2020, and no public comment will be taken at this second and final reading.","c":"Zoning & Land Use","mo":"individual","mv":"Young","sec":"Smith","r":"failed","ta":"2-5","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":1,"mr":"contested vote","sq":10},{"d":"2020-03-24","mt":"regular","id":"VI-A","ref":"","it":"motion","t":"Motion to direct staff to advance the City's participation in the BCSF One Buncombe Fund, consider a $100,000 appropriation, and set a public hearing for April 14, 2020","desc":"","c":"Economic Development","mo":"individual","mv":"Kapoor","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eQJgFwihASrKIG--FsFB9FCIR5OmWRNc/view?usp=sharing","mat":1,"mr":"policy category","sq":12},{"d":"2020-04-14","mt":"regular","id":"II-A","ref":"","it":"motion","t":"Motion to allow remote participation by all Council members","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-04-14","mt":"regular","id":"II-B","ref":"","it":"other","t":"Approval of the minutes of the regular meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-04-14","mt":"regular","id":"II-C","ref":"RES 20-58","it":"resolution","t":"Resolution setting a public hearing","desc":"Review:: - Kirk Booth d/b/a as Beaucatcher Vista LLC has proposed the development of a 40-unit, 100% affordable multifamily property on a 1.31 acre parcel located at 2 Restaurant Court (PIN #9658-08-2350) in Asheville directly off of Tunnel Road. All 40 units are intended to be 1 bedrooms, with 30 of the units set aside for households at or below 60% of Area Median Income (AMI) and the remaining 10 for 80% AMI households. - The property is situated in close proximity to commercial and transit amenities, including an ART bus stop, an Ingles grocery and pharmacy, and a number of potential employers. These are all factors prioritized in the LUIG policy. Proposal: - The property’s location and commitment to affordable housing merits a score of 150 on the LUIG scoring matrix, resulting in an award period of 21 years. The City’s LUIG policy caps award terms at 20 years plus 1 from the date of release of all occupancy permits for the property. - The current assessed value of the parcel is $786,000 with an annual City tax obligation of $3,371.15. An estimate of post-construction value from the developer is $4,000,000. True valuation will be determined by Buncombe County Tax Assessor after project completion. - A project valued at $4,000,000 at the current City tax rate of 0.4289 would result in an annual grant award of $13,784.85. Over the 21 year award period, the total value of the LUIG award would amount to $289,481.85. - This request will be presented in unison with a $1,000,000 Housing Trust Fund request. The combined City subsidy should both awards be approved is $1,289,481.85, or a total City subsidy of $32,237.05 per affordable unit.  Committee(s): - None Pro(s): - The proposed project will create 40 affordable rental housing units made available to households earning 80% or less of AMI for a period of 21 years. - The proposed project addresses the City’s stated priority for one-bedroom apartments. Con(s): - None Fiscal Impact: - The parcel has a current tax value of $786,000 and with an annual City of Asheville tax bill of $3,371.15. - The estimated tax value upon completion is $4.0M, which at current rates would result in a City tax bill of $17,156. The difference in tax payment is $13,784.85. An equivalent amount would be granted back annually to the property owner for 21 years. - The maximum term of a LUIG is 20 years plus 1. Therefore, over a period of 21 years, the estimated value of this LUIG award is $289,481.85","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-04-14","mt":"regular","id":"II-D","ref":"RES 20-59","it":"resolution","t":"Resolution approving a modification (and related actions)","desc":"Background: - The City awarded $175,000 to PCYM, a new non-profit working in partnership with the Young Men’s Institute Cultural Center (YMI CC), in the Spring of 2018 to implement a Youth Elevation Collaborative Program, a workforce development program. - During the early stages of the program year, in conjunction with technical assistance from staff and consultants, and with the dissolution of the original partnership around PCYM, City Staff began working with YMI CC to find a way to move the application forward in the spirit of the original program while being mindful of HUD regulations. - City Staff, working in partnership with YMI CC, came to the conclusion with PCYM and YMI CC that YMI CC would be a better fit as lead applicant with their experience in workforce development and community access and could offer a program substantially similar to the one PCYM had proposed as lead and that been awarded. - A modified application is acceptable to HUD when partnership changes occur as long as the modified application is then added as an amendment to the appropriate HUD Consolidated Action Plan. Proposal: - This modified application, being submitted by the YMI (Young Men’s Institute) Cultural Center, is a workforce and entrepreneurial development initiative of the YMI Cultural Center in collaboration with Positive Changes Youth ministries. - The initiative will focus on employment and careers in Hospitality, Medical, Manufacturing, and Municipalities(HMMM), while also promoting economic upward mobility of our lower-income communities’ members with the development of a skilled workforce in these 4 major industries in our area. - With this initiative, YMI will be developing this “Continuum of Success” Program for the entrepreneur, unemployed, youth, hard to employ and the underemployed as well as with the employers/stakeholders. - The business development and incubation component will support the building of capacity or the future development of minority businesses. - Proposed outcomes will be job creation and job retention with a focus on our low income, marginalized and disenfranchised population.. - In considering economic upward mobility, YMI CC will also be introducing/reintroducing Asheville youth to the trade fields and other opportunities. - A major focal point of this project will be the convening of a bi-monthly meeting of all the workforce development agencies and stakeholders to combine the siloed conversations and initiatives for a more strategic implementation of a solution based program that meets local economic/workforce development needs. - YMI will establish the Asheville Workforce Action Team (AWAT) – which will consist of stakeholders, employees/participants, educators, community leaders and a member of the Community Development Division, to form a Public Private Workforce Development Team.  Committee(s): - None Pro(s): - Approval of this project and update to the 18/19 Consolidated Action Plan will assist in the movement of these HUD dollars into our community. - “Continuum of Success”, when fully funded and operational, will lead to job creation and job retention. - Approval of this project will support a Bi-monthly meeting of all Workforce Development Partners to work in collaboration, focus and partnership versus the siloed efforts of today. Con(s): - None Fiscal Impact: - None","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-04-14","mt":"regular","id":"II-E","ref":"RES 20-60","it":"resolution","t":"Resolution authorizing the City Manager (contract/agreement)","desc":"Background: - The City of Asheville entered into a contract with Passport Labs in September 2017 for management of the City’s parking citations. - The fee structure paid to Passport Labs on a monthly basis is dependent on three factors including: 1) the number of parking citations issued ($3.00 per citation), 2) the total amount of parking fines and late fees collected (35% of amount collected), and 3) the number of delinquent payment letters mailed to vehicle owners ($1.25 per letter). - Staff initially estimated the average fee structure to be paid to Passport Labs at $6,600 per month. - Currently, the average monthly fees paid have been closer to $9,000 per month, which is reflective of an increase in fines/fees paid to the City, an increase in the number of citations accruing late fees, and an increase in the actual monetary value of specific fines and late fees associated with all parking violations. Vendor Outreach Efforts: - N/A - this is a current contract.  Committee(s): - None Pro(s): - Enables the City to continue to provide efficient parking management resources. Con(s): - None Fiscal Impact: - The cost of regulating and administering parking is included in the current operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-04-14","mt":"regular","id":"II-F","ref":"ORD 4796","it":"ordinance","t":"Budget amendment from Workers' Compensation fund","desc":"Background: - Since July 1, 2019, the City of Asheville (City) self-insured workers’ compensation program has received workers’ compensation insurance claim reimbursements that have exceeded the initial budget. - $465,000 of the reimbursed insurance funds are requested to be utilized for workers’ compensation claims expenses to be incurred through June 30, 2020.  Committee(s): - N/A Pro(s): - Provides reimbursed funds to be utilized as needed through June 30, 2020. Con(s): - None. Fiscal Impact: - Insurance recovery funds were deposited into the City’s Workers’ Compensation Fund. Upon City Council approval, the funds will be utilized for workers’ compensation claims expenses.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-04-14","mt":"regular","id":"II-G","ref":"RES 20-61","it":"resolution","t":"Resolution authorizing the City Manager (contract/agreement)","desc":"Background: - In January 2020, the FBRMPO issued a call for projects as part of the Surface Transportation Block Grant (STBG-DA) and Transportation Alternatives (TAP-DA) programs. These federal funds are awarded on a competitive basis through a call for projects that is typically held every two years. In this funding cycle, the FBRMPO is awarding five years worth of funding instead of two. - The total available amount of funding in this grant cycle for the three-county FBRMPO area is $28.2 M and will be available in FY 2022 through FY 2026. The grant requires a minimum 20% local match. - The call for projects is open to local governments in the FBRMPO area which includes the counties of Buncombe, Henderson, Haywood, and Madison. In addition, the NCDOT Division 13 and 14 Offices may apply for the funds with the support of the affected jurisdiction. - The City proposes to apply for approximately $21 M in grant funds for six multimodal projects. - The projects that are proposed are priority projects that have not yet been funded through the City’s Capital Improvement Program (CIP) (except for limited funding for the Hazel Mill Sidewalk project). Additionally, several of the projects were chosen because they have a higher potential for partnership funding, such as from the Tourism Development Authority (TDA), which would reduce or eliminate providing the local match from the City’s budget. - Additionally, NCDOT plans to apply for four projects within the City of Asheville and has requested City support/concurrence with their proposed projects. All of NCDOT’s  suggested projects focus on pedestrian safety improvements. If NCDOT projects are awarded, the City would not be responsible for funding the match. - City staff and NCDOT Division 13 intend to apply for grants for the projects listed below. The projects are not in priority order. The scoring matrix used by the MPO prioritizes all the projects. The City is responsible for submitting projects that we support that best meets the scoring matrix and has the best potential of being funded. - The projects will be scored by the FBRMPO. The City’s prioritization of the projects does not affect the outcome of the selected projects. The MPO’s matrix determines which projects are selected. City of Asheville Proposed Projects Project Name Requesting Agency Proposed Federal Ask COA Match Total Project Cost Coxe Avenue Complete Street COA $9,040,000 $2,260,000 $11,300,000 Haywood St./Page Ave./Flint Street Improvements COA $6,800,000 $1,700,000 $8,500,000 North RADTIP Greenway (Hill St. to Pearson Bridge Rd) COA $2,560,000 $640,000 $3,200,000 Hazel Mill Rd. Sidewalk COA $1,600,000 $400,000 $2,000,000 Pedestrian and School Zone Improvements COA $660,000 $165,000 $825,000 Lee Walker Heights at Biltmore Ave. Traffic Signal COA $352,000 $88,000 $440,000 COA Requests Total $21,012,000 $5,253,000 $26,265,000 NCDOT Proposed Projects Project Name Requesting Agency Proposed Federal Ask COA Match Total Project Cost Haywood Rd. Upgrades (pedestrian improvements, resurfacing, lighting) NCDOT $7,775,000 $0 $9,723,624 Charlotte St./I-240 Interchange (pedestrian improvements) NCDOT $628,250 $0 $1,378,250 NC112/Sandhill Rd. Intersection (turn lane and pedestrian improvements) NCDOT $336,000 $0 $421,000 Broadway Sidewalk (existing to Riverside Dr.) NCDOT $310,000 $0 $488,959 NCDOT Requests Total $9,049,250 $0 $12,011,833  Committee(s): - None  Pro(s): - If awarded, these projects represent a significant investment in multimodal transportation infrastructure over a five-year period. - All of the proposed projects are identified capital needs that align with city goals. - Several of the projects present an opportunity for partnership with the TDA. Con(s): - Depending on which, if any, of the City’s proposed projects are awarded, the maximum total matching funds that would need to be programmed in the City’s CIP in FY 2022 to FY 2026 would be $5,253,000. This represents a 20% match. Fiscal Impact: - The total required local match is $5,253,000 over a five year period (if all projects were awarded). Except for the potential match for the Hazel Mill Road sidewalk project, none of the funding for the other matches is currently included in the City’s five-year CIP cash flow model. There may be an opportunity to leverage additional funding from outside organizations to contribute to the local match, however additional City resources may need to be dedicated to the CIP during upcoming budgets in order to fund the City match.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-04-14","mt":"regular","id":"II-H","ref":"RES 20-62","it":"resolution","t":"Resolution authorizing the City Manager (contract/agreement)","desc":"Background: - The project upgrades were identified in the Parks Equity Scoring Criteria and will address a maintenance backlog of facilities within the park including sport courts (basketball, tennis, pickleball), walking trails, and site furniture. - This project will improve the appearance, usefulness, and safety of facilities, and help the department implement recommendations within the Parks, Recreation, Cultural Arts Master Plan adopted by City Council in 2009. The project is expected to last 60 days. - The following three bids were received and opened on December 12, 2019: - B.H. Graning Landscapes, Inc., Sylva, NC $131,313.86 - Bryant’s Land & Development, Burnsville, NC $153,950.00 - French Broad Paving Marshall, NC $161,545.00 Vendor Outreach Efforts: - Staff performed outreach to minority and women owned business enterprises (MWBE) through solicitation processes which include posting on the State’s Interactive Purchasing System, targeted outreach with the City’s Business Inclusion Manager, and requiring  prime contractors to reach out to MWBE service providers for subcontracted services. No MWBE firms submitted bids.  Committee(s): - Recreation Advisory Board (November 10, 2019) - project status update Pro(s): - Addresses priority infrastructure and safety improvements in communities identified in the Parks Equity Criteria Based System. - Implement recommendations within the Parks, Recreation, Cultural Arts Master Plan adopted by City Council in 2009. Con(s): - None Fiscal Impact: - Funding for this contract exists within the approved City Capital Budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-04-14","mt":"regular","id":"II-I","ref":"RES 20-63","it":"resolution","t":"Resolution authorizing the City Manager (contract/agreement)","desc":"Background: - The main scope of the project is the resurfacing of 19 streets for a total of 3.83 miles. Also included will be repairs to the concrete sidewalk, ADA improvements, and the installation of 3,800 feet of stand-up curb and 300 feet of curb and gutter. - The project was advertised on February 21, 2020, and bids were opened on March 12, 2020. - The following bids were received: Harrison Construction Co. Division of APAC Atlantic Inc., Asheville, NC $1,989,899.25 French Broad Paving, Marshall, NC $2,120,623.50 Bryant Land and Development Industries, Burnsville, NC $2,497,616.25 Rogers Group, Inc., Nashville, TN $2,748,060.70 - Construction is anticipated to start in June and take six months. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No minority or women-owned business enterprises submitted a bid to be the prime contractor on the project. - MWBEs will be performing the utility adjustments, pavement marking installations, and part of the paving. These items amount to 32% of the project expenditures.  Pro(s): - Provides for the repair and resurfacing of 19 poorly rated roads. - Will make the sidewalks more ADA-compliant. Con(s): - Possible disruption to traffic flow. - Efforts will be made to minimize disruptions to the neighborhoods and to traffic during construction. Fiscal Impact: - Funding is provided in the FY 2020 Streets Program. This funding is part of the annual resurfacing program and is not bond-funded. The total cost of this contract, including contingency, is $2,288,384.14.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-04-14","mt":"regular","id":"II-J","ref":"RES 20-64","it":"resolution","t":"Resolution approving a fee waiver","desc":"Review: - Homeward Bound submitted architectural drawings for the rehabilitation of their day center \"AHOPE\" at 19 N Ann Street, Asheville 28801. At this location, Homeward Bound provides services such as showers, bathroom facilities, mail, common areas among others to as many as 180 people daily who are experiencing homelessness. - Homeward Bound has owned and operated this building for decades and it is now in need of a complete rehabilitation. The work to be done includes a new and bigger bathroom and shower facilities, to include a total of 6 showers, over 300 lockers for client storage, nap rooms, phone charging stations, common areas, mailroom, meeting rooms, offices and other spaces for various services. - Since 1987, Homeward Bound, a non-profit 501 (c) 3 organization (Initially Hospitality House) has been working diligently to help members of our community experiencing homelessness find housing and access many other necessary community services. - As a non-profit, Homeward Bound is requesting a Fee Rebate or Waiver from the Community Development Division / Development Services Department for the rehabilitation work to occur at AHOPE to assist with their budget and to fulfill their mission. Proposal: - In the Fee Rebate Policy updated on October 22, 2019, Resolution #19-244, the Affordable Housing Minimum Requirements to Qualify for a 100% grant rebate on the affordable unit as it pertains to this AHOPE Renovation - - The proposed development must be within Asheville City limits. - Affordability where at least 20% of the units target individuals & families under 30% AMI or those homeless or in danger of being homeless, i.e. taking an individual or family off the Homeless By-name List. - A project can be either new construction or rehabilitation. - Under Additional Guidance & Underwriting, Housing Types in the Policy - - All housing types will be considered, including rental units and homeownership units, condos, townhomes & single-family homes. Other housing types may be considered upon request. - Under Fee Waivers in the Policy - - Certain Fees eligible for rebates as described above, may be waived upfront on a case by case basis based on a developer’s affordable housing experience and demonstrated financial need of the project upon approval by City Council. Fees related to utilities funded by enterprise funds (i.e. water) may not be waived. - City Staff agrees that AHOPE should be considered as a Housing Type as it provides daily housing services to our most in need population, our homeless and in danger of being homeless. - City Staff agrees that AHOPE meets all of the qualifications for a 100% rebate based on the Fee Rebate criteria noted above as it would pertain to a rehabilitation. - City Staff recommends that AHOPE be considered for a Fee Waiver based on the fact that they qualify for a 100% fee rebate, that have demonstrated a financial need for the project that justifies a waiver and based on Homeward Bound’s Affordable Housing & Homeless experience.  Committee(s): - None Pro(s): - The proposed rehabilitation will continue to provide daily housing services to our most vulnerable population; - The proposed rehabilitation charges no daily housing charge; - Homeward Bound uses the “Housing First” national best practice to end homelessness, in line with the City of Asheville’s Community Development Division and our Continuum of Care Grant. - AHOPE is often the only place that people who live outside and are homeless can go for services. - AHOPE serves as a hub of information and connection to other community resources to assist our homeless population. - Approving the fee waiver for this rehabilitation will allow AHOPE to remain open, expand and improve services for the homeless population, and continue to remain an asset and resource to our homeless population. Con(s): - None noted Fiscal Impact: - Fee Rebates had a limited budget of $85,000 for Fiscal Year 19/20 which have been depleted. Fees associated with this rehabilitation are estimated at approximately $12,000, not to exceed $15,000. With a Council approved waiver, the Department of Development Services would receive no fees from this project and the Fee Rebate budget would not be affected.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-04-14","mt":"regular","id":"II-K","ref":"RES 20-65","it":"resolution","t":"Resolution amending the 2020 City Council meeting schedule","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-04-14","mt":"regular","id":"II-L","ref":"RES 20-66","it":"resolution","t":"Resolution authorizing the City Manager (contract/agreement)","desc":"Background: - The City was approached by an attorney representing a new property owner on Beverly Road in Asheville. It had been discovered that the driveway of a long existing residence encroached on land owned by the City of Asheville and the property owner requested an easement from the City. - The driveway was extending onto the Ann Patton Joyce Park by approximately 194 square feet. - The Real Estate Division consulted the Parks and Recreation Department to determine whether they would object to the granting of this easement. - The Parks and Recreation Department indicated that the driveway was on the northern tip of the passive park and would not impact the usability of the park or its aesthetics. - The new property owner (Andrew Lanteri) supplied an appraisal and a survey and has agreed to pay fair market value for the easement area.  Committee(s): - None Pro(s): - This action by the City will allow the sale of a single family residence to proceed. - The City is receiving compensation based on fair market rates. Con(s): - The easement will require staff time to process and action at a city council meeting. Fiscal Impact: - The City is disposing of a small amount of land (194 SF) and will receive revenue in the amount of $1,202.80 plus the real estate transaction fee of $280.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2020-04-14","mt":"regular","id":"II-M","ref":"RES 20-67 / RES 20-68","it":"resolution","t":"Resolutions authorizing the City Manager (bundled resolutions 20-67 and 20-68)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2020-04-14","mt":"regular","id":"II-N","ref":"RES 20-69 / ORD 4797","it":"resolution","t":"Resolution authorizing the City Manager and budget amendment for Thrive Asheville (bundled)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2020-04-14","mt":"regular","id":"II-O","ref":"RES 20-70","it":"resolution","t":"Resolution authorizing the City Manager (contract/agreement)","desc":"Background: - The Fleet Management Division of the Public Works Department maintains over 1,000 city- owned vehicles and pieces of equipment. - Subcontracted work is used to supplement existing staff resources at times of high demand or to provide services when the Fleet Division does not have suitable facilities or resources (e.g., paint shop, etc.). - Under an earlier procurement process, Carolina Tractor & Equipment was selected to provide supplemental fleet maintenance services. Adopted on October 25, 2016, Resolution 16-228 authorized the City Manager to enter into a contract with this firm for an initial one-year term with up to four one-year renewals. The annual contract value was initially noted as $200,000. - Resolution 18-120 authorized the City Manager to amend the original agreement to increase the annual contract value from $200,000 to $300,000 due to an increased workload caused by vehicle accidents and repairs. - Resolution 19-238 authorized the City Manager to further amend the agreement to increase the annual contract value from $300,000 to $500,000 due to significant repairs necessitated by aging equipment during FY19. - Due to the COVID-19 pandemic, Fleet Management is requesting the annual contract value be increased from $500,000 to $650,000 to allow for continuity of essential City  operations in the event that Fleet Management is unable to perform heavy vehicle repairs. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through the original contract solicitation process, which included posting on the City’s bid page, Twitter, and the State’s Interactive Purchasing System.  Pro(s): - Allows third-party service work to continue as a supplement to in-house staff; - Provides flexibility in service delivery without significant capital investment in equipment or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis; and - Supports vehicle “uptime” and returning vehicles to service after needed repairs. Con(s): - Potential increases of expenditures under the contract. Fiscal Impact: - Costs for these services are included in the General Fund fleet allocations for departments requiring vehicle repair and maintenance activities.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2020-04-14","mt":"regular","id":"II-P","ref":"RES 20-71","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement with Buncombe County allowing temporary cross-deployment of employees during the COVID-19 State of Emergency","desc":"Background: - The County requested the City provide City employees to serve in County positions to support continuity of County operations during the COVID-19 State of Emergency including but not limited to: driving ambulances, driving individuals from quarantine to their homes, and other services if the City has capacity to allocate qualified City employees to provide assistance - The City seeks to support County requests and redeploy City employees to serve in County positions, when appropriate to support the County’s service delivery during the COVID-19 State of Emergency - The City requests the County provide qualified employees to serve in City positions to support continuity of City operations during the COVID-19 State of Emergency, should the need arise and the County has capacity to support City requests - The City seeks City Council’s authorization for the City Manager to enter into an Interlocal Agreement with Buncombe County for the purpose stated above - Employee redeployment will be coordinated by the City Human Resources Department - Services related to the Interlocal may be considered through the duration of the COVID-19 State of Emergency.  Committee(s): - None Pro(s): - Provides human resources in support of the parties request for assistance to provide their respective continuity of operations during the COVID-19 State of Emergency Con(s): - None. Fiscal Impact: - City employees will be paid with approved Fiscal Year 2020 City budget funds. In response to Vice-Mayor Wisler, City Manager Campbell explained how this will be utilized and how reimbursement will take place if we get federal or state COVID-9 funds. Vice-Mayor Wisler asked that Council be kept apprised of how many City staff and the number of hours that are associated with redeployment to the County.","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":1,"mr":"policy category","sq":15},{"d":"2020-04-14","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider a Land Use Incentive Grant for Tribute Development Collier Avenue Apartments (continued to May 12, 2020)","desc":"Collier Avenue Apartments until May 12, 2020. This motion was seconded by Councilman Young and carried unanimously.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"continuance","sq":16},{"d":"2020-04-14","mt":"regular","id":"IV-B","ref":"ORD 4798","it":"public_hearing","t":"Ordinance designating the Lewie Muller Griffith House at 65 Woodland Road as a local historic landmark","desc":"Director of Planning & Urban Design Todd Okolichany said that this is the consideration of an ordinance to designate the Lewie Muller Griffith House (Griffith House) located at 65 Woodland Road as a local historic landmark. This public hearing was advertised on March 13 and 20, 2020. On March 24, 2020, City Council continued the public hearing until this date. Project Location and Contacts: - The designation site consists of a 0.99 acre parcel located at 65 Woodland Road (PIN 9649.75-5465) that is owned by Doris-Marie C. Martin. - Petitioners: Doris-Marie C. Martin, Josi Ward. Summary of Petition: - The subject property consists of a 0.99 acre lot located on Woodland Road within the Grove Park National Register Historic District. - The property contains a single family residential two-story historic structure, known as the Griffith House, and a one story non-historic accessory structure. - The subject property is listed as a “contributing” resource in the Grove Park National Register Historic District. - The Griffith House, constructed in 1926, is significant architecturally as a highly intact example of a French Eclectic style dwelling. - The Griffith House is also significant for being the work of master architect, Ronald Greene, who designed many of Asheville’s most well-known buildings. - The designation includes the entire exterior and interior of the house, the accessory structure and the 0.99 acre lot on which the structures are located, including planting beds, open front lawn and rose garden in the rear yard as shown on the original landscape plan.  Comprehensive Plan Consistency: - This action aligns with Goal 7 (Celebrate the Unique Identify of Neighborhoods Through Creative Placemaking) and Goal 8 (Elevate the Arts and Cultural Sectors to Strengthen and Preserve Heritage and History) of the Living Asheville Comprehensive Plan by continuing to support stewardship and preservation of historic properties and by celebrating and honoring the city’s cultural and historic resources. - This proposal also aligns with the 2036 Council Vision in the “Well-Planned and Livable Community” area. The local historic landmark designation would preserve a historic structure that contributes to Asheville’s unique character. Compatibility Analysis: - The property is listed as a “contributing” resource in the Grove Park National Register District, and preservation of the property will aid in maintaining the historic character of the surrounding neighborhood. - When a property is designated as a local historic landmark, design restrictions are placed on the property and any modification to the land or structures must receive a Certificate of Appropriateness from the Historic Resources Commission; thus, the historic character of the building(s) and site will be preserved. Fiscal Impact: - Designation of a site as a local historic landmark makes the property eligible for a 50% annual reduction in local property taxes. Currently, the tax appraisal for the property included in the proposed designation is $490,900. If the property is designated as a local landmark the potential tax savings for the property owner, including city, county and school taxes, would be $2,645 per year.  Committee(s): - Historic Resources Commission - February 12, 2020 - recommended approval (10-0) Staff Recommendation: - Staff finds that the proposed local historic landmark designation is compatible with the Living Asheville Comprehensive Plan and the Historic Preservation Master Plan. The Historic Resources Commission reviewed this proposed designation on February 12, 2020. - The Commission voted 10-0 in favor of the landmark designation and recommended Asheville City Council approval of this local historic landmark designation application. Mayor Manheimer said that public comment was allowed via phone; however, no one called in for comment on this item. Mayor Manheimer opened the public hearing at 5:22 p.m., and when no one spoke, she closed the public hearing at 5:22 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Budget & Finance","mo":"public_hearing","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2020-04-14","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance to update open space requirements (continued to May 26, 2020)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"continuance","sq":18},{"d":"2020-04-14","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to a previously approved conditional zoning at 137 Broad Street for a new mixed-use building (continued to May 12, 2020)","desc":"At the request of City staff,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":0,"mr":"continuance","sq":19},{"d":"2020-04-14","mt":"regular","id":"IV-E-ord","ref":"ORD 4799","it":"ordinance","t":"Budget amendment to participate in the One Buncombe Fund","desc":"Community & Economic Development Director Sam Powers said that after this public hearing, Council is requested to approve of an appropriation of $100,000 to the One Buncombe Fund to assist small businesses and individuals affected by COVID-19 and authorization for by the City Manager to enter into an agreement with the Buncombe County Service Foundation (BCSF) for management of the funds and to execute any and all documents necessary to give effect to the resolution; and adopt the associated budget amendment in the amount of $100,000 from General Fund unassigned fund bala … This public hearing was advertised on April 3, 2020. nce. Background: - In response to the COVID-19 crisis, Buncombe County local governments, the business community, and other stakeholders have joined together to create a single-point relief fund for individuals and small businesses, as well as a one-stop fund for donations to help individuals and small businesses impacted by COVID-19. - This effort is the One Buncombe Fund. At the March 24,2020 City Council meeting, Council endorsed the One Buncombe Fund concept, scheduled a Public Hearing for this  meeting (April 14, 2020), and tentatively agreed to appropriate $100,000 to the Fund, subject to the Public Hearing. - A donation/application website has been activated, www.OneBuncombe.org, with funds deposited to the Buncombe County Service Foundation (BCSF), which is an existing Non Profit organization created by Buncombe County. - Funds placed into the BCSF One Buncombe Fund are managed by a nine-person board, which includes members of local governments including the CIty of Asheville, businesses, and philanthropic organizations. Funds will be used for individuals and small businesses that have been impacted by COVID-19. - Funds for low and moderate income individuals who have lost employment due to COVID-19 will be delivered via the Buncombe County Health and Human Services (BCHHS) existing General Assistance (GA) program. - Funds will be used for life-essential needs caused by the COVID-19 public health crisis, such as assistance with utilities, rent, and mortgages. - Funds will be paid to the service providers, not directly to individuals. Individuals will be screened and referred to other HHS programs as needed. - Funds for small businesses impacted by COVID-19 will be provided through loans of up to $10,000 with an initial six-month period of deferred payments of principal and interest. Small businesses are defined as those that have 1-49 employees. - An initial interest rate of 4% will accrue during that period and rolls up into the loan at the end of the six-month period. - Loans will be designed to provide low cost “bridge funding” to help businesses stay open and limit job losses until businesses can apply for longer-term disaster funding from SBA or other sources. The BCSF will contract with a third party, Mountain BizWorks, a non-profit community development financial institution (CDFI), to administer this business program. - The City Attorney has advised that this initiative meets the Economic Development requirements or the Community Development requirements in North Carolina. A public hearing is required as per N.C. Gen. Stat. 158-7.1. - Both individuals and businesses will be encouraged to donate. - As of Monday, April 13, 2020, BCHHS has received 2,050 applications for individual assistance. Seven hundred and seventy-five requests have been processed and 341 have been approved for a total of $138,000 in expenditures. Began with 9 workers processing claims and now at 20. - As of Monday, April 13, 2020, Mountain BizWorks received 133 applications for businesses thus far. There have been 26 loans approved totalling $243,000 helping to retain 240 jobs, and are on track to approve a significantly larger round of loans this week. - Partners include Buncombe County, City of Asheville, Asheville Area Chamber of Commerce, Mountain BizWorks; Land of Sky Regional Council, Town of Montreat, Biltmore Lake Charitable Fund, Ramble Charitable Fund, Buncombe County Tourism Development Authority; and over 400 friends and neighbors.  Committee(s): - None. Pro(s): - Provides immediate economic disaster assistance from a centralized fund, administered by existing experienced program management agencies. - Supports both individuals and businesses in Asheville. Con(s): - The magnitude of this crisis may require additional resources. The City is limited in available funding. Fiscal Impact: - This economic development appropriation is not in the current adopted budget. - The appropriation of $100,000 would come from the General Fund unassigned fund balance. - A budget amendment is required. Mayor Manheimer said that public comment was allowed via phone; however, no one called in for comment on this item. Mayor Manheimer opened the public hearing at 5:36 p.m., and when no one spoke, she closed the public hearing at 5:36 p.m. In response to Councilman Kapoor, Mr. Powers said that all donations are tax deductible. Mr. Powers also said that this program is for those who don’t have other options available to them. Mayor Manheimer said that members of Council have previously received a copy of the resolution and ordinance and they would not be read.","c":"Economic Development","mo":"public_hearing","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2020-04-14","mt":"regular","id":"IV-E-res","ref":"RES 20-72","it":"public_hearing","t":"Resolution approving a $100,000 appropriation to the One Buncombe Fund and authorizing an agreement with the Buncombe County Community Service Foundation","desc":"","c":"Budget & Finance","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TNpIi1gwrj0uvR-ODreIDGeuyWoR1iGt/view?usp=sharing","mat":1,"mr":"policy category","sq":20},{"d":"2020-04-28","mt":"special","id":"1","ref":"RES 20-73","it":"resolution","t":"Authorize City Manager to apply for/receive FEMA funds for COVID-19 costs; designate applicant agents","desc":"Fire Chief Scott Burnette said that this is the consideration of adoption of a resolution authorizing the City Manager to designate the applicant agents for the City of Asheville to apply for and receive reimbursement funds from FEMA Public Assistance. Background: - The COVID-19 pandemic began to affect the City of Asheville on March 13, 2020. - The City of Asheville has incurred and will continue to incur expenses as a result of this event. - FEMA has streamlined the Public Assistance project application process. - Applicants are served on a first-come/first-served basis, so there is a sense of urgency. - The first step in the application process is the designation of two applicant agents. - The Primary’s role (and Secondary’s role in the Primary’s absence) is to execute and file applications for federal and/or state assistance on behalf of the Organization for the purpose of obtaining certain state and federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended) or as otherwise available. - Additionally, the agents are authorized to represent and act for the Organization in all dealings with the State of North Carolina and the Federal Emergency Management Agency for all matters pertaining to such disaster assistance required by the grant agreements. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Allows for potential recovery of costs associated with the COVID-19 declared disaster  Con(s): - None Fiscal Impact: - Funds received will be reimbursed for costs incurred responding to and in support of the COVID 19 pandemic.  In response to Councilwoman Mayfield, Chief Burnette said that the City will be able to apply for any COVID-19 related, actual out-of-pocket expenses. We may know the result of our application in a matter of weeks.  In response to Vice-Mayor Wisler, Chief Burnette said that we will continue to make applications for specific time periods and projects.  When Mayor Manheimer asked for public comments, none were received.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Public Safety","mo":"individual","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1T_FxW66ob_LOpbaWTA7TSAbta_5Q6PB_/view?usp=sharing","mat":1,"mr":"policy category","sq":0},{"d":"2020-05-12","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held April 14, 2020 and special meeting April 28, 2020","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-05-12","mt":"regular","id":"B","ref":"RES 20-74","it":"resolution","t":"Resolution authorizing the Mayor to execute a contract with RSM US LLP to conduct the City's audit for fiscal year ending June 30, 2020","desc":"Background: - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission. Staff recommends retaining the services of RSM US LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2020. - The estimated fee for fiscal year 2019-2020 audit is $98,200. - Execution of this contract complies with the Audit Policy portion of City Council’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the third consecutive year of contracting RSM US LLP to perform the City’s audit. Vendor Outreach Efforts: - No competitive bid process was conducted this year. Council Goal: - Financially Resilient City Committee: - No prior Committee approval. Final audit results are presented annually to the Finance and Audit Committees. Pro: - Contracting with RSM US LLP aligns with City Council’s financial policy and will help ensure the timely and successful completion of the annual audit. Con: - None Fiscal Impact: - Fees of $98,200 for the annual audit are budgeted in the Internal Audit operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-05-12","mt":"regular","id":"C","ref":"RES 20-75","it":"resolution","t":"Resolution authorizing the City Manager (second phase of continued rehabilitation project)","desc":"Background: - Mills River Water Treatment Plant is over 20 years old. Assets and components required to produce high quality drinking water are reaching the end of their useful life. - CDM Smith completed a Professional Engineer's Report in 2017 which is the basis of this second phase of the continued rehabilitation project. - Phase 1 of the project is currently under construction. The water treatment plant rehabilitation is staged in 2 phases to allow for continued plant operation during rehabilitation. - Phase 2 includes replacement of bulk chemical storage tanks, expansion of chemical storage and feed systems, additional raw and finished water storage, additional filter capacity, replacement of multiple motors and pumps, and filter control upgrades. Vendor Outreach Efforts: - Through a qualifications-based selection process beginning in August 2014, the City of Asheville selected nine consulting firms to provide on-call professional services for an array of different types of water system projects. CDM Smith was one of the selected firms due to their expertise in areas of water treatment plant construction and upgrades. - The City of Asheville entered into a master agreement with CDM Smith on June 8, 2015 for on-call professional services valid for three years with the option to renew for two additional years. On April 19, 2018, the City of Asheville executed a renewal master agreement with CDM Smith for the additional two years of on-call professional services. - If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for General Projects was the best method to deliver this project and CDM Smith was the most qualified of the on-call firms. Based on the current master agreement, no additional vendor outreach was performed.  Committee(s): - None Pro(s): - Continued functionality of assets necessary to produce high quality drinking water. - Ability to continue compliance with Federal and State regulations. Con(s): - Impacts could hamper the delivery of water into the water distribution system - Impact the ability to meet future increased water demands - Impact the ability to meet EPA and State regulations. Fiscal Impact: - The Water Resources Department currently has the funds needed for this construction agreement budgeted in the “Water Treatment Plant Project” in the Capital Improvement Program Fund. - $1,349,500 with a contingency of $40,000 for a total project cost of $1,389,500","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-05-12","mt":"regular","id":"E","ref":"","it":"motion","t":"Motion adopting the revised Fiscal Year 2020-21 Budget Calendar","desc":"Background: - At the December 9, 2019, meeting, City Council adopted the Fiscal Year 2020-2021 Budget Calendar, which included the following key dates: - Formal presentation of the City Manager’s Proposed Budget on May 12, 2020; - Budget Public Hearing on May 26, 2020; and - Budget adoption on June 9, 2020. - As a result of the COVID-19 crisis, staff is recommending the following changes to the remaining dates on the calendar: - Budget Work Session on May 12, 2020 - Set Budget Public Hearing on May 12, 2020; - Formal presentation of the City Manager’s Proposed Budget on May 26, 2020; - Budget Public Hearing on June 9, 2020; and - Budget adoption on June 23, 2020.  Committee(s): - None Pro(s): - Provides additional time to make FY 2020-2021 budget decisions while remaining in compliance with The North Carolina Local Government Budget and Fiscal Control Act which requires submission of the City Manager’s Proposed Budget by July 1. Con(s): - None. Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-05-12","mt":"regular","id":"F","ref":"RES 20-77 / ORD 4800","it":"resolution","t":"Resolution authorizing the City Manager to purchase and install safety protection barriers in existing transit vehicles; and budget amendment to fund the purchase","desc":"","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-05-12","mt":"regular","id":"G","ref":"RES 20-78","it":"resolution","t":"Resolution supporting the N.C. Dept. of Transportation","desc":"Background: - The NCDOT has identified a need to make improvements at the intersection of NC 191 (Brevard Road) and NC 112 (Sardis Road). - The improvements include a right-turn lane with appropriate taper along the eastbound approach of the intersection in order to enhance the efficiency and safety of the intersection. - The NCDOT will fund, design, and construct the project at a total estimated cost of $740,000. - The NCDOT plans to use High Impact / Low Cost Funds for the project. - The High Impact / Low Cost program was established in 2017 to provide funds to complete low cost projects with high impacts to the transportation system including intersection improvements, minor widening, and operational improvements. - The funds are allocated equally to the 14 Divisions throughout the state. - The projects are expected to be under contract within 12 months of funding approval by the NCDOT Board of Transportation. - Projects that have a total cost greater than $250,000 require a resolution of support from the appropriate city, town, or county.  Committee(s): - None Pro(s): - Enables a low cost project with high impacts to the transportation system to be constructed. - Enhances the efficiency and safety of the intersection. - The NCDOT is funding, designing, and constructing the project. Con(s): - None Fiscal Impact: - There is no fiscal impact to the City of Asheville.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-05-12","mt":"regular","id":"H","ref":"RES 20-79","it":"resolution","t":"Resolution updating the citizen participation plan","desc":"Background: - The City of Asheville is a Participating Jurisdiction (PJ) in the U.S. Department of Housing and Urban Development (HUD) ‘s HOME program and an entitlement community for the CDBG program. As a recipient of federal funding, the City is required to have a Citizen Participation Plan. - In addition to existing citizen participation plan requirements, under 24 CFR 91.105(a)(2)(i) through (iii) for local governments, the Citizen Participation Plan must also encourage citizens to participate in the development of the Analysis of Impediments (AI) / Assessment of Fair Housing (AFH) and any revisions in the same manner one would encourage citizen participation in the consolidated plan, any substantial amendments to the plan and the performance report. - The City of Asheville is required by HUD to include contingency planning for encouraging public participation for HUD funded programs in light of emergency situations such as COVID-19. Proposal: - This revised Citizen Participation Plan meets the requirements for citizen participation in the development of and access to the City’s AI/AFH, 5 Year Consolidated Plan, Annual Action Plans, and any substantial amendments thereto, and the City’s performance report also known as the CAPER, Consolidate Annual Performance & Evaluation Report. - The revised proposal also includes new language around contingency planning for public participation around HUD funds in a public health emergency.  Committee(s): - None Pro(s): - Accepting the updated Citizen Participation Plan is a HUD requirement and keeps the City of Asheville in compliance as the PJ & Entitlement Community. - This Plan sets guidelines for encouraging participation in HUD funding & reporting, including plans for communication via the internet and social media and extended outreach to communities potentially affected by HUD funding and those often marginalized in the participation process. - Community Development received input from various City of Asheville Departments, including the Communication & Public Engagement and Equity & Inclusion. Con(s): - The consequence of not adopting the revised Citizen Participation Plan would be to prevent the City from meeting its requirement to HUD. Fiscal Impact: - None","c":"Housing","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-05-12","mt":"regular","id":"I","ref":"RES 20-80","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City of Asheville entered into a contract with Restocon Corporation in October 2018 for various repairs to the Harrah’s Cherokee Center - Asheville parking garage. - The repairs included a significant rehabilitation of the center stairwell within the garage. - The scope of work was developed from a comprehensive garage condition assessment that was completed during October 2016. - During February 2020, a detailed structural analysis of the center stairwell indicated a significant deterioration in the overall condition of the center stairwell and it was recommended to totally replace it. - During March 2020, Restocon Corporation estimated that in order to replace the center stairwell, an additional $99,422 would be required. - Contingency funds in the amount of $20,763 are included to ensure satisfactory completion of work by late summer 2020. Vendor Outreach Efforts: - N/A - This is a current contract.  Committee(s): - None. Pro(s): - Enables the City to continue to provide safe and functional access within the parking garage. - Part of an overall plan to extend the service life of the parking garage. Con(s): - The center stairwell is closed until the replacement work is completed. Fiscal Impact: - The appropriate funds are included in the current Parking Services Fund capital projects budget.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-05-12","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider a land use incentive grant for Beaucatcher Commons 2 Restaurant Court development (continued to May 26, 2020)","desc":"2 Restaurant Court development until May 26, 2020. This motion was seconded by Councilwoman Mayfield and carried unanimously by roll call vote","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"continuance","sq":11},{"d":"2020-05-12","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider a land use incentive grant (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2020-05-12","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to a previously approved conditional zoning for a mixed-use building (continued to May 26, 2020)","desc":"at 137 Broad Street from Community Business I to Community Business I/Conditional Zone to include an adjacent parcel for the construction of a new mixed-use building until May 26, 2020. This motion was seconded by Councilwoman Mayfield and carried unanimously by roll call vote.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"continuance","sq":13},{"d":"2020-05-12","mt":"regular","id":"J","ref":"RES 20-81","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The approved Phase 1 budget for this project was $88,561.50 including contingency. Phase 1 realized a savings of $23,868.44 under the budgeted amount. The Phase 1 budget with savings, along with the Phase 2 budget amount of $81,880 results in a total budget of $146,573.06 for this project. - The City of Asheville has maintenance responsibility on an existing Stormwater Easement through the Pebble Creek Community. There are existing gabion basket retaining walls that are failing along the stream banks located inside the easement. This project includes the design of a new conveyance system and retaining walls along the stream banks in the easement that will safely convey the stormwater through the tight corridor between the buildings. - The RFQ for this project was advertised on January 10, 2019, with Statements of Qualifications received on January 24, 2019. - Four (4) consulting firms submitted Statement of Qualifications. Qualifications were reviewed and on May 15, 2019, the John R. McAdams Company Inc. was selected as the best qualified firm. - The Contract between the City of Asheville and The John R. McAdams Company Inc. was entered into on June 10, 2019. - Without knowing the extent of failure, capacity of the existing channel, or influence on the surrounding utilities, Phase 1 was to conduct due diligence, preliminary engineering design, and community input so that a determination could be made on how best to move forward with Phase 2 to complete the design and take the project through construction. The first phase was under the threshold for the City Manager’s signature authority. - Professional Services, including Final Design, Permitting and Construction Administration for the contract would proceed immediately after approval of the Contract Amendment. The schedule for Construction Administration would be through April 2021, dependent on any issues that might arise during Permitting. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System, City of Asheville website, City of Asheville Twitter Account, and requiring engineering firms to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Past engineering firms who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. During preparation for advertising this RFQ, the contract was shared with the Business Inclusion staff in the Community & Economic Development Department. - Out of the four (4) qualifications received, no consultant firm was Minority Business or Women Owned Business certified. Two of the firms submitting qualifications proposed utilizing WBE subcontractors for portions of the project. The John R. McAdams Company was chosen for the design because of their qualifications specific to the needs of this project.  Committee(s): - None Pro(s): - The contract amendment will allow The John R. McAdams Company to continue with the design and construction phase of this stream stabilization project. - The stream stabilization project will protect the existing residential structures that are in very close proximity to the existing Stormwater Easement and stream. - The capacity of the existing corridor will be increased to allow passage of larger storm events safely through the system. Con(s): - Construction may be somewhat disruptive to nearby residences. Efforts will be made to notify the public and minimize disruptions. Fiscal Impact: - Funding for this contract is budgeted in the Stormwater Utility Fund Capital Improvement Program.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-05-12","mt":"regular","id":"K","ref":"ORD 4801","it":"ordinance","t":"Ordinance authorizing the City Manager","desc":"Background: - Fees and charges assessed by the City are reviewed annually and adopted by City Council as outlined in the FY 2019-20 Fees and Charges Manual. - The City also has rental and loan payment schedules with other parties. - Many Asheville businesses are either closed or operating in a limited capacity due to the COVID-19 pandemic, creating substantial economic challenges for owners, employees, and customers. - Some businesses have requested temporary relief from City fees and charges and loan payments in an effort to help reduce their expenses. - In support of these requests, several fees and charges and other payments have already been temporarily suspended or deferred or are under review for such action.  Council Goals: - Transportation and Accessibility - A Thriving Local Economy - A Financially Resilient City Committee: - None. Pros: - Facilitates business operations that are able to continue during the COVID-19 pandemic. - Reduces operating costs for businesses during the COVID-19 pandemic. - Reduces transportation costs for the community during the COVID-19 pandemic, helping to maintain access to essential services, businesses, and employment. - City Manager authority to temporarily suspend fees and charges and other payments provides heightened responsiveness to community needs during the COVID-19 pandemic. Con: - Loss or deferment of revenue to the City. Fiscal Impact: - Currently suspended fees result in monthly lost revenue of approximately $677,000. - Loan payments deferred have no impact on operations and no long-term financial impact as the amounts will be repaid as part of the final payment on notes outstanding. - Federal grant funds are expected to offset the loss of Transit Farebox revenue.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-05-12","mt":"regular","id":"L","ref":"RES 20-82 / RES 20-83 / RES 20-76","it":"resolution","t":"Resolutions to ratify the City Manager's execution of contracts with Red Roof Inn, Homeward Bound of WNC, and Axis Security for COVID-19 non-congregate shelter","desc":"","c":"Housing","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-05-12","mt":"regular","id":"V-A","ref":"ORD 4802","it":"ordinance","t":"Ordinance amending the firearms ordinance (Sec. 11-7 Discharge of firearms)","desc":"Assistant City Attorney Aarin Miles said that this is the consideration of adoption of an ordinance to amend Sec. 11-7 of the Code of Ordinances of the City of Asheville. Background: - On January 28, 2020, Christopher Arbor, a teacher at Asheville School, spoke at the Public Safety Committee, during public comment requesting that the City amend its firearm ordinance to allow bowhunting of deer in order to control the deer population, with concerns of lyme disease and deer interfering with the school’s forestry efforts. - Mr. Arbor was accompanied by Joe Lasher of Backyard Bow Pro, who would be the third party that Asheville School would contract with to hunt the deer on the School’s property, if permitted. Mr. Lasher indicated that meat from the harvested deer would be donated to food banks. - Another person, who was the President of the Hillside Terrace Neighborhood Association, spoke to the Committee in support of the amendment indicating that this initiative would help with neighborhood beautification. - On February 25, 2020, Legal presented research to the Public Safety Committee. - Christopher Arbor, Steven Beltrem, Joe Lasher, and the President of the HIllside Terrace Neighborhood Association were present and provided public comment in response to staff presentation. - Legal staff was directed by the Public Safety Committee to draft a proposed amendment to Sec. 11-7: Discharge of Firearms and Weapons, of the Code of Ordinances of the City of Asheville. - This amendment would allow archery hunting of deer within the City limits under very limited circumstances to include: property size restrictions, height from which hunting must occur, occurring only during the Western Deer season or with a depredation permitted issued by the North Carolina Wildlife Resource Commission, the hunter  possess a valid NC hunting license, and hunter receives a permit to proceed from APD prior to commencing archery hunting on the property. Vendor Outreach Efforts: - None  Committee(s): - Public Safety Committee - February 25, 2020 - Voted unanimous for Legal to draft ordinance amendment. Pro(s): - If this is an effective means of controlling deer, it would assist in agricultural production within the City which aligns with the Food Policy, as well as creating a better balance of deer population and their food supply. Con(s): - Discharge of any type of weapon within the City may be viewed as a risk and a public safety concern. Additionally, if exceptions are made, enforcement of the ordinance as it relates to discharge of other types of weapons or for control of other nuisance animals, may become more difficult Fiscal Impact: - None Ms. Miles responded to various questions from Councilwoman Mayfield, noting that donating the harvested deer to a food back is not a requirement of the ordinance. The ordinance does require a depredation permit issued by the North Carolina Wildlife Resource Commission. The hunter must possess a valid North Carolina hunting license, must have written permission from the property owner, and must receive a permit to proceed from the Asheville Police Department prior to commencing archery hunting on the property. Mayor Manheimer announced that no public comment was received on this item. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Public Safety","mo":"individual","mv":"Kapoor","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2020-05-12","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":15},{"d":"2020-05-12","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-9KMdPWkwRgaRQq2eQMW7J6cDdnLrxs1/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":16},{"d":"2020-05-26","mt":"regular","id":"B","ref":"RES 20-84","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - This property located at 75 Shelburne Road was returned to City ownership at no cost to the City from a Federal agency about ten years ago. At the time of transfer to City ownership, the building was in poor condition and has continued to deteriorate. - Currently this facility houses Facilities Maintenance and several Police operations. The site also serves as a materials storage facility for Public Works stormwater, sanitation, and fleet management. - The building now houses essential City functions that require dry, secure conditions. - The roof and masonry are leaking. This project will replace roofing systems throughout the 1960's building and complete structural masonry repairs. High-bay windows in the former “drill hall”, while significantly deteriorating, are currently functional. - Request for Bids was first advertised on March 11, 2020. No pre-bid meeting was held due to observance of pandemic public health concerns. Additional site information was provided to bidders. - Formal bids were received April 30, 2020. The bids were not opened because only two bids were received. - Request for Bids was Re-Advertised on May 5, 2020. Contractors were offered site visits following current COVID-19 restrictions per the State of North Carolina, Buncombe County, and the City of Asheville. - Window Replacement not accepted: Additive Alternate #2 for upper window replacement did not meet the project budget. Windows are currently functioning and will need to be addressed in a future project. - Construction will begin around July 15, 2020 with completion around November 15, 2020. - Two bids were received and formally opened on May 14, 2020, their names and Base Bid + Alternate # 1 amounts are listed below: - J. Bartholomew Construction Hendersonville, NC $ 632,500 - WNC Roofing Fletcher, NC $ 774,000 J. Bartholomew Construction, LLC was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. The low bidder is not MWBE. The Contractor did document outreach to MWBE sub-contractors. Hemphill Concrete and Finishing (Black Minority Business Enterprise) of Brevard, NC will be performing masonry repairs.  Committee(s): - None Pro(s): - The roof system will be insulated per current codes and leak free. Con(s): - None Fiscal Impact: - Funding for this contract is included in the Capital Improvement Program (CIP).","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-05-26","mt":"regular","id":"C","ref":"RES 20-85","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City was approached by a local developer who is building a new phase of the Hawthorne at Haywood Apartments and needed a connection to the nearest Metropolitan Sewerage District (MSD) sewer line. The closest opportunity for sewer connection is a line on Eastview Circle. - The N.C. Dept. of Transportation does not allow sewer within the roadway of Eastview Circle and no remaining right of way outside of pavement is accessible for the sewer installation. - The only feasible connection left is across city property (9618-90-5267) at the intersection of Old Haywood and Eastview Circle. - The Real Estate Division consulted other City departments to determine whether it would be in the City’s best interest to allow this easement on City property. The Asheville Fire Department uses the property as a fire station and Asheville Police Department has a traffic division at this location. - Representatives of both departments indicated that they had no objections to this sewer extension. The Streets Department was also consulted and they have no objection. - The easement being requested is approximately 100 linear feet long and is 20 feet wide. The width is mandated by MSD regulation specifying minimum width. Fair Market Value has been determined to be $4,820 and the developer has agreed to pay this amount.  Committee(s): - None Pro(s): - Project will bring much needed rental units to the Asheville area. - City is receiving compensation for the easement. Con(s): - There will be temporary disruption on City property during construction. Fiscal Impact: - City is receiving unbudgeted revenue for the easement in the amount of $4,820.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-05-26","mt":"regular","id":"D","ref":"ORD 4803","it":"ordinance","t":"Technical budget amendment","desc":"Background: - In 2016, the voters of Asheville approved a GO bond referendum for $74 million. - The City uses a draw program to minimize the cost of debt. A draw program is a model using short-term debt (24-59 month) during the construction of projects. This short-term debt is then “refunded,” or refinanced with long-term debt (20 years). This model minimizes the interest the City pays on debt during construction, ensuring that the City’s debt capacity is used most efficiently. - In June 2018, the City entered into a GO bond draw program in an amount not to exceed $23 million. - Over the subsequent 21 months, the City drew down on the loan to fund various GO-related projects. In March 2020, the City repaid the interim GO bond ($22.2 million) by issuing 20 year, fixed-rate bonds. - The FY 2019-20 budget did not include appropriations for the refunding of the 2018 GO bond draw program debt with long-term debt because the amount to be refinanced and the timing were not yet determined when the FY 2019-20 budget was adopted. - This technical amendment incorporates this appropriation into the budget in order to ensure that the General Fund does not exceed the approved annual budget in the City’s Comprehensive Annual Financial Report (CAFR). Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Amends the FY 2019-20 budget in order to ensure statutory budgetary compliance. Con(s): - None Fiscal Impact: - There is no net fiscal impact from this technical budget amendment. It will simply amend the FY 2019-20 budget in the General Fund to reflect the receipt of refunding proceeds from the bank and the subsequent payment to bondholders to defease the prior debt issuance.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-05-26","mt":"regular","id":"E","ref":"RES 20-86","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City of Asheville is currently in the process of renovating various aspects of the downtown transit station at 49 Coxe Ave. - Recently completed portions of the renovation project include a complete renovation of the interior waiting room and ART staff space; new paint, furniture, and lighting on the platform, and new static signage for the platform bays and building. - Outstanding items include the addition of solar panels to the roof (to be completed this summer), ADA improvements to the sidewalks and ramps adjacent to the transit station on the west side, and the addition of digital real-time arrival/departure signage to improve the rider experience. - The City issued a request for proposals February 13, 2020,and received 5 proposals. - The vendor was selected by a committee of transit staff from the City, ART and City IT staff. - Installation of the signage will be done under a separate city contract. Vendor Outreach Efforts: - A Request for Proposals was issued and posted on the City’s bid page as well as the State Department of Administration Historically Underutilized Business website. - No bids were received from disadvantaged or minority businesses. - Electrical work and installation of the signage will be bid separately and will include additional outreach to local disadvantaged and minority businesses.  Committee(s): - None Pro(s): - Digital signage will be placed at the transit center inside the passenger waiting area and outside on the platform to provide riders with real-time transit arrival and departure information, as well as rider alerts and messages. - The digital signage will improve the rider experience and provide additional opportunities for the City and ART to communicate with riders. Con(s): - The cost of the signage. Fiscal Impact: - The contract is for 3 years with options to renew for two additional years for a total of 5 years. - The total 5 year cost of the contract is $188,068. This includes $137,573 in hardware and $6,995 in annual software licensing, support, and maintenance fees for the first year. Years 2 through 5 would include an annual payment of $10,875 for software licensing, support and maintenance. - The contract allows for additional signage purchases to be made as funding is available in order to expand the system. - The hardware component ($137,573) of the project is to be funded primarily through previously awarded Federal Transit Administration funds budgeted as part of the transit center renovation project. The City is responsible for 20% of this cost ($27,514), which is also budgeted in that same capital project. Annual maintenance, support and licensing fees are included in the Transit Operations Fund budget and will be funded with City funds.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-05-26","mt":"regular","id":"F","ref":"RES 20-87","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - On August 22, 2017, Council approved Resolution No. 17-185 Esri, Inc. for a three-year contract for GIS Software Maintenance. - This new contract would allow the City of Asheville to continue building an award-winning GIS program using Esri software for GIS dashboards, Map Asheville, the open data program, water utility management, Public Works asset management, Equity mapping and storytelling, and other initiatives. - Currently, Esri software is also providing a central data repository and dashboard for the coordinated COVID-19 response. Vendor Outreach Efforts: - Esri provides a competitive enterprise license agreement for public sector clients. Changing the City’s underlying GIS infrastructure would result in significant costs in terms of lost productivity and the need to rebuild existing GIS assets. - While City staff keeps a close eye on the enterprise GIS software market, there are few alternatives and none that can provide the same level of value compared to Esri.  Committee(s): - None Pro(s): - Increased support of departmental business requirements via greater options for GIS software licensing - Ability to install additional software without additional purchases - Hold the line on increasing software maintenance costs Con(s): - If continued funding is not appropriated, some staff will lose the ability to utilize GIS software and data. Fiscal Impact: - The first year is $55,500; $5,500 will come from the Water Service Fund and $50,000 will come from IT Services GIS Application Service funding. - Funding for the first year of the contract is included in the adopted Fiscal Year 2019-20 Budget. - The total for the three-year contract is $178,155, including sales tax.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-05-26","mt":"regular","id":"G","ref":"RES 20-88","it":"resolution","t":"Resolution appointing Vice-Mayor (to the Fonta Flora State Trail/related body)","desc":"Background: - The Fonta Flora State Trail is the second state trail in North Carolina. It starts in Burke County at Lake James and is planned to extend through McDowell and Buncombe Counties to terminate in Asheville. - The City Council of the City of Asheville approved the adoption of the Fonta Flora State Trail extension to Asheville on December 13, 2016, via Resolution # 16-273. - The Friends of the Fonta Flora State Trail, Inc. is a newly formed non-profit organization designed to support local jurisdictions to coordinate and hasten the planning and implementation of the Fonta Flora State Trail from Morganton to Asheville. - The Board of Directors is currently being formed and will be made up of elected officials, economic development officials, and trail builders from the three county area. - Vice-Mayor Gwen Wisler, liaison to the Greenway Committee, was invited to sit on the board for a three-year term.  Committee(s): - All committees suspended until further notice due to COVID-19. Pro(s): - The City of Asheville will have a representative on the Board of Directors. - State trail status should provide high level planning and funding opportunities to governing entities that are involved with the state trail. Con(s): - Time commitment would be required for the city’s representative. Fiscal Impact: - There is no fiscal impact for this action.","c":"Economic Development","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-05-26","mt":"regular","id":"H","ref":"RES 20-89","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - This project, New Haw Creek Sidewalks, is part of the original Bond Sidewalk Bundle B design contract consisting of three other active GO bond sidewalk projects with Mattern & Craig, Inc. - The City originally entered into a contract in the amount of $573,725 for Bond Sidewalk Bundle B design services (Resolution 17-261, dated November 27, 2017), and later expanded the scope of services to meet the requirements the Federal grants that were awarded to supplement the project budgets. The first contract amendment resulted in a revised contract of $680,375 (Resolution 19-109, dated May 14, 2019) - Design consideration, to date, for the Haw Creek sidewalk envisioned the sidewalk being constructed on the west side of the road past Dogwood Grove then crossing to the east side of the road. - Certain challenges with constructing on the east side of the road prompted the suggestion to further evaluate construction on the west side allowing crossings at intersections of Beverley Road and Bel Road. - Site investigation of the original alignment identified obstructions. The full significance of these obstacles was not realized until a design review workshop in February 2020. - Understanding the significance of the east side obstructions prompted an investigation of a new alignment. After preliminary design work on the new alignment, it was determined that the new alignment is feasible and recommended. - This amendment to the design services contract will include additional survey as well as additional drainage and retaining wall design required for constructing on the west side of Haw Creek. The cost of this additional work is $39,405, bringing the total cost of the design contract for the four projects to $719,780. - The additional contingency of $35,500 is being requested to cover unexpected changes which may occur in the design of this and the other three active projects in this bond package. - New Haw Creek design will be complete in August 2020, with construction completion in May 2020. - Johnston Boulevard design will be complete in November 2020, with construction completion in January 2023. - Onteora Boulevard design will be complete in October 2020, with the construction completion in April 2021. Vendor Outreach: - During the establishment of the original contract, staff performed outreach to minority and women owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. No MWBE firms submitted qualifications for consideration as the prime consultant.  Committee(s): - None Pro(s): - Design of sidewalk that will meet City and National standards - Improve mobility and safety on city streets - Adhere to federal guidance and project federal funding Con(s): - Construction will be disruptive to adjacent residences and businesses Fiscal Impact: - Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program and has since been supplemented by federal grant funding at an 80% Federal/20% City level.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-05-26","mt":"regular","id":"I","ref":"RES 20-90","it":"resolution","t":"Resolution approving the 2020 General Obligation bond draw program","desc":"Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Allows the City to move forward with the Capital Improvement Program as funds are spent Con(s): - None Fiscal Impact: - The initial draw on the GO bonds for costs incurred to date is $5.1 million. At current variable rates associated with this facility (roughly 1.92%), the annualized interest expense on the initial draw is $98 thousand. As further draws are made on the bonds, the interest expense will increase accordingly. Funds are included in the City’s FY 2020-2021 proposed debt service budget to cover these costs. They are also included in the City’s multi-year capital improvements debt model.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-05-26","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider a land use incentive grant (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2020-05-26","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider a land use incentive grant (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Young","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2020-05-26","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to amend the 2019-20 U.S. Dept. of Housing and Urban Development plan (continued)","desc":"","c":"Housing","mo":"public_hearing","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2020-05-26","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to a previously approved conditional zoning for a mixed-use building (continued to July 28, 2020)","desc":"at 137 Broad Street from Community Business I to Community Business I/Conditional Zone to include an adjacent parcel for the construction of a new mixed-use building until July 28, 2020. This motion was seconded by Vice-Mayor Wisler and carried unanimously by roll call vote.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Young","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"continuance","sq":16},{"d":"2020-05-26","mt":"regular","id":"IV-E","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Young","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2020-05-26","mt":"regular","id":"J","ref":"RES 20-91","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City of Asheville entered into a contract with Passport Labs in February 2017 for a video-based customer answering / “call for assistance” service within the four City-operated parking garages. - The fee structure paid is dependent on the number of “call for assistance” buttons placed at each parking garage exit, as well as the hours within a day that each assistance point is monitored. - At the beginning of the contract, not all garage exits were equipped with “call for assistance” buttons, and all in-place buttons were only being monitored during evening and weekend hours. - During May 2018, additional “call for assistance” buttons were installed, and all exits used by hourly garage customers were enhanced to 24/7 monitoring. - Parking Services raised all parking garage gates on March 18, 2020 due to COVID-19 response. No use of the video call for assistance service has been recorded since then, although the garages have remained open for patrons. - The contract expired in February 2020 and the requested additional funds would allow Parking Services to pay for services through May 31, 2020. Vendor Outreach Efforts: - N/A - This is a current contract.  Committee(s): - None. Pro(s): - Enables the City to continue to provide timely assistance for parking garage customers. - Provides “face-to-face” customer support. Con(s): - None Fiscal Impact: - The cost of increasing the contract value in order to maintain 24/7 customer assistance is included in the current Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-05-26","mt":"regular","id":"K","ref":"RES 20-92","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Improved employee safety, ensuring that employees are not responsible for carrying cash to the bank. - Compliance with State Statute through the use of Smart Safes on site. - Efficient use of City resources, APD officers will not be needed to escort Water Resources deposits to the bank. Con(s): - None Fiscal Impact: - Contracted service costs not to exceed $160 thousand over a five year period. Each department or division has included these costs in their respective budgets.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-05-26","mt":"regular","id":"L","ref":"RES 20-93 / ORD 4804","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment to accept a U.S. Dept. grant","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-05-26","mt":"regular","id":"M","ref":"RES 20-94 / ORD 4805","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment for the 2020 High (grant)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2020-05-26","mt":"regular","id":"N","ref":"RES 20-95 / ORD 4806","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment in the Transit Services fund","desc":"","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2020-05-26","mt":"regular","id":"V-A","ref":"RES 20-96","it":"resolution","t":"Resolution approving a Housing Trust Fund loan request by Beaucatcher Vista LLC","desc":"Director of Community Development Programs Paul D’Angelo said that this is consideration of support of a request by Beaucatcher Vista LLC to utilize the Housing Trust Fund to construct affordable rental housing at the property located at 2 Restaurant Court. Review:: - Kirk Booth d/b/a as Beaucatcher Vista LLC has proposed the development of a 40-unit, 100% affordable multifamily property on a 1.31 acre parcel located at 2 Restaurant Court (PIN #9658-08-2350) in Asheville directly off of Tunnel Road. All 40 units are intended to be 1 bedrooms, with 30 of the units set aside for households at or below 60% of Area Median Income (AMI) and the remaining 10 for 80% AMI households. - Since 2009, Mr. Booth has completed 9 affordable housing projects in partnership with the City of Asheville resulting in 136 affordable units. This will be his second project using a factory-built product manufactured by Clayton Homes in Tennessee. The technology promises a faster, more efficient construction process, with on-site responsibilities restricted mostly to installation and finishing. He anticipates the units will be available by early 2021. Proposal: - The developer seeks a loan of $1,000,000 from the City’s Housing Trust Fund (HTF). In addition, the developer has requested a Land Use Incentive Grant (LUIG) award estimated at $289,481.85, which request will be considered at the May 26, 2020, Council meeting. Loan commitments from TruPoint Bank for $1,910,600 and Buncombe County for $296,334 have already been secured. The development partnership is committing the property (valued at $786,000) as equity. - The units will be located in two separate buildings framing an interior breezeway, and set back towards the rear of the property facing resident parking. All units will be  approximately 450 square feet, and possess full baths, kitchens, and enclosed bedrooms. - Units will be made available to qualified affordable residents, as well as persons possessing rental assistance. The developer has a demonstrated history of close engagement with the Asheville Housing Authority, Homeward Bound, and other entities providing resident placement and rental assistance.  Committee(s): - None Pro(s): - The project produces 40 units of affordable housing at a location near the City’s core, with good access to transit and essential services. The developer’s commitment to set aside the majority of these units for 60% AMI households and citizens utilizing rental assistance addresses one of the City of Asheville’s highest stated needs. - The per unit HTF subsidy of $25,000 per affordable unit ($32,237.05 of combined City subsidy) which is lower than the current estimate of up to $80,000 in subsidy for 80% AMI homes as suggested at the Affordable Housing Workshop on September 6, 2019. - Mr. Booth is an experienced developer, and familiar with City of Asheville affordable housing programs and the expectations associated with them. - The developer’s use of a modular construction product promises a less risk versus a fully site-built construction process. Con(s): - None. Fiscal Impact: - The project would require $1,000,000 from the City’s Housing Trust Fund. - The loan will be structured to require full repayment of principal and interest (accruing at 2% annually) over a term of 20-years. In response to Vice-Mayor Wisler, City Attorney Branham said that this action is to approve a Housing Trust Fund loan. If the land use incentive grant requested is not approved, the development would no longer be viable and there would be no Housing Trust Fund loan for this development. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mayfield","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dw-5NjT6Of02KzamE24QwhMy8VuXPfiN/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2020-06-09","mt":"regular","id":"B","ref":"RES 20-97","it":"resolution","t":"Resolution accepting the annual flood (mitigation/grant)","desc":"Background: - The City of Asheville joined the Community Rating System (CRS) program, a program through the Federal Emergency Management Agency (FEMA), and administered by the Insurance Services Office (ISO) in 2014. As required by the CRS program, a Repetitive Loss Area Analysis (RLAA) was prepared in 2014 by Brown and Caldwell to supplement the Buncombe-Madison Regional All Hazards Mitigation Plan. - CRS provides lower insurance premiums under the National Flood Insurance Program. The premium reduction is in the form of a CRS Class. The classes are obtained by actions that are above and beyond the requirements of the National Flood Insurance Program administered by FEMA. - Currently, property owners in Asheville receive a 10 percent reduction in their flood insurance premiums through participation in the CRS program. - In order to maintain the current status in the CRS program, staff is required to provide to council the annual report of the Flood Mitigation Actions Items that were part of the RLAA report from Brown and Caldwell adopted by Council on December 10, 2013. - Highlighted in the report, staff from multiple departments continue to work together, looking for ways to reduce flooding and damage from floods. - We do this through community outreach from the City website, social media, flyers, and events, working with the Army Corps of Engineers and other partners on flood mitigation opportunities, and working with developers and property owners on ways to protect their properties from flooding. Vendor Outreach Efforts: - Not Applicable.  Committee(s): - None Pro(s): - The property owners in Asheville will continue to receive a 10% reduction on their flood insurance. - Provides a higher level of protection through the current flood ordinance, improving resilience. - Promotes public education of the Special Flood Hazard Areas. Con(s): - None Fiscal Impact: - There is no additional fiscal impact to continuing the efforts necessary for the CRS program, staff time is currently programmed into the annual operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-06-09","mt":"regular","id":"C","ref":"RES 20-98 / RES 20-99","it":"resolution","t":"Resolutions authorizing the City Manager","desc":"","c":"Administrative","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-06-09","mt":"regular","id":"D","ref":"RES 20-100","it":"resolution","t":"Resolution authorizing the City Manager","desc":"ENVIRONMENTAL CONSULTATION & DESIGN iNC. FOR THE SWANNANOA RIVER GREENWAY - Adoption of a resolution authorizing the City Manager to execute an amendment to the existing greenway design contract between the City of Asheville and Equinox Environmental Consultation and Design, Inc. (Equinox, contract #91900109), in the amount of $454,811.20 increasing the total value of the contract to $612,449.30 and to enter into change orders to this contract not to exceed an additional 10% of the current contract amount or $45,481.12. Background: - The City of Asheville entered into a contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area. - The September 2019 feasibility analysis determined that coordination with the North Carolina Department of Transportation (NCDOT) on NCDOT’s work within the area would result in the best value for the City’s project. - The scope of work for the contract amendment includes surveys, greenway design, geotechnical engineering, permitting, public engagement, and other tasks needed for greenway design. - During March and April 2020, Equinox assembled a design team and estimated that the design and construction document creation would cost $454,811.20. - The referenced segment of this greenway will connect new housing along Thompson St to recreation and shopping facilities. - This segment is part of a much larger Wilma Dykeman Riverway Corridor system. In total the Wilma Dykeman Riverway will provide nearly 10 miles of greenway. Between this segment and the segment in the RiverArts District nearly 3.5 miles of this greenway will be built by 2021 - Additional phases are contingent upon future funding and coordination with the NCDOT. - The design to construction contract process is estimated to have an 18-month duration. Assuming a July 1, 2020 design phase start date, the construction contract advertisement is projected to start in December 2021. Vendor Outreach Efforts: - Staff performed outreach through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. No MWBE service providers are being used in the delivery of this contract. Equinox was unable to find local MWBE businesses for the services needed on this project, but is committed to using MWBE participation as needed and available for other services going forward.  Committee(s): - None Pro(s): - Greenway construction would enhance multi-modal transportation within the area and provide alternatives to commuters - Contributes to increasing the City’s greenway inventory - Works towards defining Asheville as a recreation destination Con(s) - Eventual construction will be disruptive to the area. Fiscal Impact: - With this supplemental increase of $454,811.20, the total amount of the contract is increased to $612,449.30. Adding in a 10% contingency of $45,481.12 to the supplemental increase brings the total required budget to $657,930.42. This contract is  funded through the General Obligation Bond Program as part of the Transportation and Infrastructure Program.","c":"Transportation","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-06-09","mt":"regular","id":"E","ref":"RES 20-101","it":"resolution","t":"Resolution of support for the federal (program)","desc":"Background: - On July 19, 2019, the Federal Transit Administration (FTA) Final Rule for the Public Transportation Agency Safety Plan (PTASP) became effective, which requires public transportation operators to develop processes and procedures to implement the safety plans. - The PTASP ensures that the City of Asheville develops performance targets as part of its Plan as required by the FTA in the National Public Transportation Safety Plan (NSP). - The PTASP ensures the City of Asheville develops criteria as part of its plan to address applicable federal requirements and standards set forth by the FTA, and to include a timeline for conducting an annual review to update the City’s PTASP.  Committee(s): - None Pro(s): - The PTASP will be managed by staff in the Transit Planning Division in the Transportation Department and coordinated with the City’s Transit Management Company, RATPDev Inc. - The PTASP requires working with the French Broad River Metropolitan Planning Organization. Con(s): - None Fiscal Impact: - N/A","c":"Transportation","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-06-09","mt":"regular","id":"F","ref":"RES 20-102","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Committee(s): - None Pro(s): - The State of North Carolina provides the hazardous materials response truck, all response equipment and provides for administrative costs of operating the team. In addition, the state funds extensive training for members of the Asheville Fire Department to enable us to competently handle hazardous materials emergencies. - The City of Asheville has full use of the truck and all specialty equipment within the City of Asheville. Without the state hazardous materials contract, Asheville taxpayers would need to provide much of the resources necessary to properly respond to Hazardous Materials emergencies within Asheville. - With the contract, we have the advantage of the equipment and resources being funded at the state level, rather than at the local level. - During the twenty nine years that we have provided regional hazardous materials response services, we have not experienced difficulties or disadvantages with the program. This program is also consistent with the City’s Strategic Operating Plan. - Firefighter and citizen safety will be enhanced. Con(s): - None identified Fiscal Impact: - There are no fiscal impacts that have been identified","c":"Public Safety","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-06-09","mt":"regular","id":"G","ref":"RES 20-103","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The current Fiscal Year (FY) 2019 agreement with Advent Health allocates $89,125 and allows firefighters to receive required annual physical examinations in accordance with standards set forth by the National Fire Protection Association. - The original term of the FY2019 contract was July 1, 2018 to June 30, 2019. - The Asheville Fire Department (AFD) and Advent agreed to amend the original agreement to extend the term of the contract to December 31, 2019, but no funds were added to the contract. - Due to the way in which Advent processes patients, bills those patients, and invoices those patients, there were some discrepancies with invoicing and billing for firefighter physicals. - During the six month extension period, AFD and Advent were working out the correct number of employees and the services they received during this time to ensure the correct amount of funds were available and added to the agreement at the expiration of the extension. - Furthermore, the original term of the agreement date ending alongside the end of the fiscal year caused logistical difficulties in contract renewal and service conducted--waiting for the new fiscal year’s funding to renew the agreement and/or enter a new agreement with Advent Health meant ceasing firefighter physicals for the duration it took to get the amendment executed. - The Asheville Fire Department and Advent Health did not want to have this break in service because of the extremely difficult nature of conducting 275 physicals in a 52 week period (and alternatively 413 physicals in a 76 week period). - All firefighter physicals conducted between July 1, 2018 and December 31, 2019 were assigned to the FY19 contract and Advent has correctly and appropriately invoiced the City for the remaining physicals conducted from July 1, 2019 to December 31, 2019. - The agreement needs to include an additional six months of firefighter physicals at the cost of $40,175. This brings the total cost of the contract to $117,300, which pushes the contract above the $90,000 threshold. - The Asheville Fire Department and Advent Health have entered into a new agreement for FY20 with a changed scope of service for firefighter physicals. The new agreement term is for January 1, 2020 to December 31, 2020 in the amount of $77,125. - This new agreement term no longer aligns with the end of the fiscal year and remediates the logistical difficulties the Department was having with agreement execution versus physicals conducted. Vendor Outreach Efforts: - Prior to entering the original contract with Advent Health, similar organizations were solicited to provide estimates of their services. SiteMed, which held the contract previously, did not provide the organizational efficiency needed to examine 275 firefighters throughout the course of the year. The costs of Mission Hospital’s services were prohibitive. Thus, the services and costs of Advent Health best fit the mission of Asheville Fire Department’s desire to provide its firefighters with the best care to meet and exceed health standards while controlling costs. A review of the costs, operational efficiencies, and satisfaction of the firefighters with the services, factored into making the determination to renew the agreement with Advent Health. - No MWBE firms were identified for this contract.  Committee(s): - None Pro(s): - Meets best practices for the industry by complying with consensus standards of NFPA 1582 that will reduce risks and provide for the health, safety, and effectiveness of firefighters - Allows for the continued medical monitoring and testing of firefighters to ensure they are fit for the challenges of emergency response Con(s): - None Fiscal Impact: - Funding for the physicals is included in the adopted FY 2019 – 2020 budget, thus there are no additional impacts.","c":"Public Safety","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-06-09","mt":"regular","id":"H","ref":"RES 20-104","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - This amendment authorizes capital project funds required to close out the HVAC modernization phase of the project. - This three phase project installed 1) flexible theater seating in the arena, a sound and lighting package; 2) converted a storage room into a press/meeting room with additional supporting projects including the expansion of storage for the displaced room; and 3) modernized much of the building’s 1970’s era HVAC system. - The project was included in the City’s 2016-17 fiscal year capital improvements budget. The project is partially funded by a $1,500,000 grant from the 2016 Tourism Product Development Fund. - On August 28, 2018, City Council authorized a contract amendment to begin the Phase 2 facility renovation (press/meeting room renovation and storage expansion). This phase was completed in November 2018 ahead of the HVAC Modernization to meet a HCCA scheduling commitment. - On March 26, 2019, City Council authorized a contract amendment to begin the HVAC Modernization phase. This phase replaced critical parts of the building’s 40+ year old HVAC system. Where equipment could not be replaced due to budget constraints, it was upgraded with zone controls, monitoring, and other smart technology systems. - All new and upgraded equipment included in this project were integrated with the recently installed building automation system. - The City used the Construction Manager at Risk (CMAR) delivery method to contract with J. Brady Contracting, Inc. to complete the facility renovations and HVAC modernization. This delivery method was chosen because it allows a lead contractor to coordinate the efforts of many different trades over a large area and a broad scope. - The CMAR delivery method groups the work into smaller “bid packages”. The HVAC modernization project was grouped into six (6) separate bid packages and a total of 14 bids were received from first tier subcontractors across all bid packages. - The project is complete and this contract amendment reconciles all changes through the end of the project. Additionally this amendment will secure an extended service agreement for the new equipment. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned business through solicitation processes which included posting on the State’s Interactive Purchasing System and required vendors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. MWBE firms were involved in the completion of this work through the prime contractor.  Committee(s): - None Pro(s): - Improved the venue’s ability to host a wider range of events. - Reduced energy consumption with new efficient equipment or with upgrades to existing equipment with intelligent controls. - Capital investment provided reliable building infrastructure, reducing repair costs, and downtime associated with broken HVAC equipment. Con(s): - Redirecting budget from other HCCA capital maintenance projects means that less funding is available in the short term for other deferred maintenance needs. Fiscal Impact: - The amount of this contract amendment exceeds the available budget in the (HCCA) Facility Renovation & HVAC Modernization project. Funds from the HCCA General Maintenance project will be used to fund this contract amendment.","c":"Economic Development","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-06-09","mt":"regular","id":"I","ref":"RES 20-105","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City of Asheville entered into a contract with Walter P. Moore & Associates in June 2016 for a condition assessment and project management of various repairs to the Harrah’s Cherokee Center - Asheville parking garage. - The repairs included a significant rehabilitation of the center stairwell within the garage. - The scope of work was developed from a comprehensive garage condition assessment that was completed during October 2016. - During February 2020, a detailed structural analysis of the center stairwell indicated a significant deterioration in the overall condition of the center stairwell and it was recommended to totally replace it. - During May 2020, Walter P. Moore and Associates estimated that in order to provide project management services for the replacement of the center stairwell, an additional $5,400 would be required. - The current contract is $85,800 and this amendment will increase the contract by $6,480 (including contingency funds in the amount of $1,080) for a new total contract of $92,280. Contingency funds are included to ensure satisfactory completion of the work by late summer 2020. Vendor Outreach Efforts: - N/A - This is a current contract.  Committee(s): - None. Pro(s): - Enables the City to continue to provide safe and functional access within the parking garage. - Part of an overall plan to extend the service life of the parking garage. Con(s): - The center stairwell is closed until the replacement work is completed. Fiscal Impact: - The required funds are included in the current Parking Services Fund capital projects budget.","c":"Transportation","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-06-09","mt":"regular","id":"J","ref":"RES 20-106 / ORD 4807","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment for fiscal year 2020","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-06-09","mt":"regular","id":"K","ref":"RES 20-107","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - On May 12, 2020, the City Council adopted a Resolution authorizing the City Manager to execute a purchase order of approximately $160,000 to work with Gillig to engineer, design, retrofit, and install safety protection barriers from AROW Global Corporation, the manufacturer of the safety protection barriers, in eighteen (18) existing 30-foot diesel and diesel electric hybrid buses. - A sole source procurement through Gillig Aftermarket Parts is necessary to ensure that the safety barriers are designed and installed correctly to fit the various Gillig bus models that the City of Asheville owns. AROW Global corporation is Gillig’s approved provider of the safety protection barriers. - CARES Act funds will be used to purchase and install safety protection barriers in the existing eighteen (18) Gillig buses. - The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(g)(iii) as equipment compatibility is an overriding concern.  Committee(s): - None Pro(s): - Provides protection for transit bus drivers - Use CARES Act funding to purchase and install the safety protection barriers in the Gillig buses - No local match is required Con(s): - None Fiscal Impact: - As noted above, the CARES Act provides 100% of the funding with no local match required. The budget for this purchase was adopted at City Council’s May 12, 2020 meeting.","c":"Transportation","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-06-09","mt":"regular","id":"L","ref":"RES 20-108","it":"resolution","t":"Resolution accepting an offer for (property/purchase)","desc":"Background: - The City was approached by a local architect concerning air rights over the sidewalk along Wall Street for a unit within a building located at 26 Battery Park. - Initial concerns were raised by Streets and Downtown Planning regarding the well-being of street trees on Wall Street. - The architect met with the City’s Arborist who requested that the balcony be shortened in length to reduce the impact on the trees. The owners agreed to a design revision and they agreed that their contractor would again meet with the Arborist to discuss protecting the trees during construction. - It was determined that the balcony for the office space unit would be 21 feet long and 5 feet wide for a total request of 105 square feet of air rights that would be needed to accommodate the balcony. - The construction of the balcony, along with the air rights easement, will not substantially impair or hinder the use of the right of way as a passage. - The value of the air rights was determined by consulting two recent appraisals of land value in the surrounding area. The value was determined to be $753 and the owners have agreed to pay that amount. - A public notice will be placed in the newspaper after the City Council has approved the air rights and a sale will not occur until 10 days after the notice has been published.  Committee(s): - None Pro(s): - City is receiving compensation for the air rights being granted. Con(s): - There will be temporary disruption during construction. Fiscal Impact: - City is receiving unbudgeted compensation for the air rights in the amount of $753.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-06-09","mt":"regular","id":"M","ref":"ORD 4808","it":"ordinance","t":"Ordinance waiving construction (requirements)","desc":"Background: - The City of Asheville owns real property located at 2 South Pack Square, the Asheville Art Museum (“AAM”), and at 18 Biltmore Avenue, The Wortham Performing Arts Center, (“Wortham”). - AAM is required to construct, as part of its renovation project, a fire resistant Exit Passageway through the arcade from Biltmore Avenue leading to Wortham. - The construction of the proposed Exit Passageway will promote the safe operation of the City’s facilities. - AAM has requested that the City waive the construction permitting fees that it would normally be required to pay in order to construct the Exit Passageway. - The basis for this fee waiver request is that the proposed project is intended to, in part, benefit a City-owned property. - Completion of this Exit Passageway is required in order for AAM and Wortham to gain certificates of occupancy. Council Goals: - Transportation and Accessibility - A Thriving Local Economy - A Financially Resilient City Committee: - None. Pros: - Will facilitate the safe operation of a City-owned facility. Con: - Limited loss of revenue to the City. Fiscal Impact: - Waived fees are expected to total approximately $6,000.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2020-06-09","mt":"regular","id":"N","ref":"RES 20-109","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The agreement allows for up to 850 city employees to be tested for COVID-19 and its antibodies at $175 per employee and a total of $148,750. - Ashewell Medical Group will provide FDA-approved antibody and PCR testing of COVID-19 for employees who have been working in the community since March 2020. Vendor Outreach Efforts: - Three local vendors provided quotes for testing - Ashewell Medical Group is a woman-owned business.  Committee(s): - None Pro(s): - Testing will provide information for employees, their families, and leadership about the impacts working in the pandemic has had so far. - Testing will provide reassurance to employees and the community as workgroups are reassembled. - Enhanced PPE and procedures developed based on outcomes - Understanding what level of potential immunity we have in our employee community  Con(s): - None Fiscal Impact: - Funding for this agreement will come from the existing Fiscal Year 2019-20 Health Fund budget. There will be an opportunity for the City to be reimbursed for these expenses from FEMA.","c":"Community Programs","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2020-06-09","mt":"regular","id":"NB-A","ref":"RES 20-216","it":"resolution","t":"Joint resolution with Buncombe County to remove the Confederate monuments and establish a task force regarding the Vance Monument","desc":"Mayor Manheimer read the resolution as follows: “WHEREAS, Monuments to Confederate soldiers and military leaders, which were installed in Asheville and many other communities in the South in the late 19th and early 20th Centuries by white Southerners seeking to preserve the Confederacy, are widely perceived as offensive and painful public reminders of the legacy of slavery and present realities of systemic racism in our country; and WHEREAS, A memorial monument honoring the 60th Regiment of North Carolina Confederate soldiers currently stands in front of the Buncombe County Courthouse, sitting on county-owned land; and WHEREAS, A memorial monument known as the “Robert E. Lee Dixie Highway,Colonel John Connally Marker” is located in Pack Square Park, sitting on city-owned land; and WHEREAS, Both of these monuments were paid for and erected by a private organization known as the United Daughters of the Confederacy, and ownership of these monuments have never passed to either the City or the County; and WHEREAS, A memorial monument known as the “The Vance Monument” is also located in Pack Square Park, the former site of the county courthouse which is the likely location where slaves were sold and traded locally; and WHEREAS, African-American residents of the City of Asheville and Buncombe County have issued a clear call to remove and/or repurpose these monuments as expeditiously as possible due to the harm they pose, and to replace them with monuments that honor local African-American history and are created by African-American artists; and WHEREAS, The Confederacy was formed by its political leaders for the express purpose of perpetuating and expanding slavery of African Americans; and WHEREAS, the City of Asheville and Buncombe County recognize that the legacy of slavery, institutional segregation and ongoing systemic racism directly harm public safety and public health; and WHEREAS, pursuant to N.C. Gen. Stat. § 100-2.1(c), the City and County are authorized to remove the two Confederate monuments from public property; and WHEREAS, The City of Asheville and Buncombe County are committed to promoting racial equity and justice, and desire to express this commitment through a joint resolution of their respective governing boards; and WHEREAS, The City of Asheville and Buncombe County desire to remove Confederate monuments from the public spaces within the City of Asheville; and WHEREAS, the City of Asheville and Buncombe County desire specifically to remove the monument to Confederate soldiers from the grounds near the County Courthouse and the Robert E. Lee monument from Pack Square Park; and WHEREAS, The City of Asheville and Buncombe County desire to explore options for removing, relocating, or making alterations to the Vance Monument; and WHEREAS, It is the intent of the governing boards of the City of Asheville and Buncombe County that these monuments be replaced or altered in such as manner as to honor the local history of African Americans; and WHEREAS, The City of Asheville and Buncombe County want to seek citizen input - and particularly to hear from those most impacted by the monuments - regarding the future of the Vance Monument by the establishment of a jointly appointed task force which will explore options including removal, relocation, and alteration of the monument; and WHEREAS, the City of Asheville and Buncombe County approve this resolution jointly at separate meetings of their governing boards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE AND THE BUNCOMBE COUNTY COMMISSION THAT: Request is hereby made to the United Daughters of the Confederacy to immediately remove the two Confederate monuments located at the Buncombe County Courthouse and Pack Square Park. The City further requests that it receive from the United Daughters of the Confederacy its intent to remove the monument within 30 days, and that said removal is completed within 90 days. If the intent to remove is not received or the removal is not completed within the specified timeframes  from the date of full adoption of this resolution, then the City of Asheville and Buncombe County shall take action to remove the monuments; and a jointly appointed task force shall be established by the Asheville City Council and the Buncombe County Commission, consisting of not more than 12 members whose appointments will be made in equal numbers by the two governing boards. This task force shall, within three months of all appointments being made, provide a report to the City Council and the County Commission with a recommendation regarding the removal and/or repurposing of the Vance Monument. Once the report is presented, the task force shall perform such other duties as requested by the governing bodies. When no further action is requested, the task force shall dissolve. Upon passage of this resolution and until such time as the monument is removed or repurposed, it shall be shrouded in order to reduce its impact on the community and to reduce the risk of harm it presents in its current state.” Eighteen callers supported taking the Vance Monument and other Confederate monuments down. Two callers were opposed to taking down the Vance Monument and other Confederate monuments. One caller favored repurposing of the Vance Monument and supported removing the other Confederate monuments. Councilman Young said that a few people mentioned context. From a personal standpoint, his family has a long history in the City of Asheville. He spoke with his grandfather (who was born approximately 50 years at the end of the Civil War) about his experiences in life and his experiences of his great grandfather who was born in 1888, in the middle of Jim Crow. Some people feel that removing a flag or monument, etc. is erasing history. In fact, for example, across this country, but mostly in the south, say confederate flag supporters had more than 350 rallies in the 6 months after the Charleston attack. In Charlottesville, Virginia, Council voted to remove statues of Robert E. Lee and Stonewall Jackson and that sparked several demonstrations, including deadly protests in August of 2017. The argument that the Confederate flags or monuments or other displays represent heritage not hate, ignores the near universal heritage of African Americans enslaved by millions in the south. It trivializes their pain, their history and their concern about racism, whether it’s the racism of the past or the racism of today. And it conceals the true history of the Confederate states of America and seven decades of Jim Crow segregation and oppression that followed the reconstruction era. And there is no doubt that if you ask any historian that Confederacy was established upon the premise of white supremacy and that the south fought the Civil War to preserve it’s slave labor. It’s founding documents and its leaders were very clear in what their intentions were - our new government is founded upon the great truth that the Negro is not equal to the whtie man. Those statues and monuments were not erected during reconstruction or Jim Crow - they were erected sometime far after that to remind Black people that we still have power and we still have control and this is your place in our society. I don’t want to be a part of that and if anyone else wants to be a part of that, you show your true colors. Councilwoman Smith said that this is not an insignificant action. We must start healing from racial trauma passed through our blood line. This is equally powerful as well as ceremonial. The white supremacy legacy has been there and it’s time for us to confront it. She was glad to be a part of this history, but hated the opportunity came at the death of George Floyd.","c":"Public Safety","mo":"individual","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":1,"mr":"policy category","sq":21},{"d":"2020-06-09","mt":"regular","id":"O","ref":"RES 20-110","it":"resolution","t":"Resolution authorizing the City Manager","desc":"TO ADDRESS HARMS CAUSED BY THE COVID-19 PANDEMIC AND TO RATIFY ANY ADMINISTRATIVE DECISION ALREADY ENACTED TO DEFER LOAN PAYMENTS OR TO SUSPEND COLLECTION OF RENTS  Background: - On May 12, 2020, the City Council adopted an ordinance authorizing the City Manager to temporarily suspend fees and charges listed in the FY 2019-20 Fees and Charges Manual. At the time of adoption, the temporary suspension or deferral of rental or loan payments to the City on a case-by-case basis was also contemplated as discussed in the May Staff Report. However, that action was inadvertently left out of the adopted ordinance. Adoption of this resolution will correct that omission. - The City has rental (including capital contributions to leased property) and loan payment schedules with other parties. - Many Asheville businesses are either closed or operating in a limited capacity due to the COVID-19 pandemic creating substantial economic challenges for owners, employees, and customers. - Some businesses have requested temporary relief from loan payments, rent payments, and capital contributions in an effort to help reduce their expenses. - Categories and Criteria for suspending or deferring rent payments or loan payments. - This action is intended to aid businesses during the formal declaration of emergency. When that declaration expires, any further deferral or waiver would be considered case-by-case by the City Manager. Council Goals: - A Thriving Local Economy - A Financially Resilient City Committee: - None  Pros: - Facilitates business operations that are able to continue normally during the COVID-19 pandemic. - Reduces operating costs for businesses during the COVID-19 pandemic. - City Manager authority to temporarily suspend or defer rent or loan payments and capital contributions provides heightened responsiveness to community needs during the COVID-19 pandemic. Con: - Loss or deferment of revenue to the City. Fiscal Impact: - Loan payments deferred (discussed below) have no impact on operations and no long-term financial impact as the amounts will be repaid as part of the final payment on notes outstanding. - Rent or capital contribution payments to the City temporarily waived or suspended could result in a loss of revenue to the City of approximately $4,000 to $8,500 for rental payments and up to $18,900 in capital contributions (assuming three to six months of waiver), depending on how many Lessee’s request relief and for how long. To date, the City has only received one request to waive rent and one request for waiver of capital contribution.","c":"Budget & Finance","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2020-06-09","mt":"regular","id":"P","ref":"RES 20-111 / RES 20-112","it":"resolution","t":"Resolutions ratifying the City Manager's actions","desc":"","c":"Administrative","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2020-06-09","mt":"regular","id":"PR-A","ref":"RES 20-114","it":"resolution","t":"Resolution granting a land use incentive grant for 2 Restaurant Court Rental Community, Beaucatcher Vista LLC","desc":"Mayor Manheimer said that this public hearing was held on May 26, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding  public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After reviewing the written public comments made 24 hours after the public hearing, Mayor Manheimer closed the public hearing at 7:10 p.m. and said that members of Council have previously received a copy of the resolution and it would not be read. Councilwoman Mayfield said that neighbors had complained about trash issues. She said that the developer, Kirk Booth, has installed a trash dumpster so there will no longer be overflowing trash bins at the 444 Beaucatcher Road development.","c":"Zoning & Land Use","mo":"individual","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2020-06-09","mt":"regular","id":"PR-B","ref":"RES 20-115","it":"resolution","t":"Resolution granting a land use incentive grant for Tribute Development Collier Avenue Apartments","desc":"Mayor Manheimer said that this public hearing was held on May 26, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing at 7:13 p.m. and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Kapoor","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":1,"mr":"contested vote","sq":19},{"d":"2020-06-09","mt":"regular","id":"Q","ref":"RES 20-113","it":"resolution","t":"Resolution amending the 2020 City (action plan/policy)","desc":"ON JULY 14, 2020 … Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Housing","mo":"consent_batch","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2020-06-09","mt":"regular","id":"VI-A","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to a previously approved conditional zoning (signage) (continued)","desc":"Urban Planner Sasha Vrtunski said that this is the consideration of an amendment to a previously approved conditional zoning at 1500 Tunnel Road known as \"Tru Hotel\" to include a free-standing identification sign. This public hearing was advertised on May 29 and June 5, 2020. Project Location and Contacts: - The project site consists of a 2.67 acres parcel located at 1500 Tunnel Road (PIN 9678.15-1933) that is owned by Commodore Holdings LLC. - Petitioner and Contact: HP Patel. Summary of Petition: - The project was approved by City Council on July 25, 2017 (Ordinance No. 4604). - The approved project was for a 86 room hotel in a 43,000 square foot building. - The site was previously zoned Highway Business District. - While the 2017 approved project included an image reference to a wall-mounted sign, it failed to provide specific size allowances and did not include any free-standing signage. The applicant is requesting an amendment to the B1 conditions for the project to clarify sign allowances. - The conditions allow for some flexibility and provide for a free-standing sign not to exceed 60 square feet and 12 feet tall and attached building signage not to exceed 80 square feet. This will ensure flexibility for any changes to signage in the future and would be compatible with the surrounding area. - New condition is “Signage for project shall be limited to one free-standing monument sign not to exceed twelve feet in height and 60 square feet in size, and one wall-mounted sign not to exceed 80 square feet in size. Temporary and directional signage may be permitted as allowed by the Unified Development Ordinance. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that “appropriate and contextual signage and articulation” is encouraged as a part of urban design. Compatibility Analysis: - The proposed signage would be less than what is allowed in the surrounding Highway Business District where free-standing identification signs are commonly used and relied upon. - The proposed sign’s smaller and slimmer profile helps to avoid conflict with adjacent signage along the corridor.  Committee(s): - None.  Staff Recommendation: - Staff finds that the request for signage is appropriate and supports the amendment of the ordinance and conditions. Mr. Patel, owner of the hotel, gave a brief background of the hotel site. He was unaware that signage was required by City Council at the time of original approval. He is proposing a much smaller sign than the other hotel in the area. He asked for Council’s support. Mayor Manheimer opened the public hearing at 8:40 p.m. One voicemail individual spoke in favor of this conditional zoning amendment. In accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2020-06-09","mt":"regular","id":"VI-B","ref":"","it":"public_hearing","t":"Public hearing to solicit comments for the community (CDBG plan amendment) (continued to July 14, 2020)","desc":"","c":"Community Programs","mo":"public_hearing","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"continuance","sq":23},{"d":"2020-06-09","mt":"regular","id":"VI-C","ref":"","it":"public_hearing","t":"Public hearing to amend the 2019-20 U.S. Dept. of Housing and Urban Development plan (continued to June 23, 2020)","desc":"","c":"Housing","mo":"public_hearing","mv":"Kapoor","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"continuance","sq":24},{"d":"2020-06-09","mt":"regular","id":"VI-D","ref":"","it":"public_hearing","t":"Public hearing regarding the Fiscal Year 2020-21 budget (continued to August 25, 2020)","desc":"This public hearing was advertised on May 29, 2020. Mayor Manheimer said that earlier in this meeting,","c":"Budget & Finance","mo":"public_hearing","mv":"Young","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"continuance","sq":25},{"d":"2020-06-09","mt":"regular","id":"add-agenda","ref":"","it":"motion","t":"Motion to modify the agenda to add a new business item (Vance Monument joint resolution) before public hearings","desc":"","c":"Community Programs","mo":"individual","mv":"Young","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":0,"mr":"no material signals","sq":20},{"d":"2020-06-09","mt":"regular","id":"budget-1","ref":"","it":"motion","t":"Motion to amend the budget schedule to hold the budget public hearing","desc":"to hold the budget public hearing on August 25, 2020, and adoption of the budget on September 8, 2020. This motion was seconded by Councilwoman Smith and carried unanimously by roll call vote.","c":"Budget & Finance","mo":"individual","mv":"Young","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":1,"mr":"policy category","sq":16},{"d":"2020-06-09","mt":"regular","id":"budget-2","ref":"","it":"motion","t":"Motion to continue the budget public hearing until August 25, 2020","desc":"ring until August 25, 2020. City Manager Campbell noted that the budget before Council is not what we would like to be considered, so we are asking to continue the public hearing until we do have a budget that we think is appropriate. City Manager Campbell said we are hearing (1) Defund the Police Department to fund other services; (2) Ensure police accountability, both individually and organizationally; and (3) Repair past and continuing harm to Asheville’s black community. She said the response is: (1) We have heard the community; (2) We want to respond and move forward together; (3) Racism is a systemic problem, not just a police problem, and the  City cannot solve it alone; (4) The solution lies in collaborative work with the County, schools, and other organizations to address social disparities and equity; and (5) The solution needs to be strategic and reflect community values. Her recommendation is that we adopt an interim budget. We will spend the next 60 days engaging the community to develop the final budget, with the final budget will be adopted early September. She reviewed the revised budget schedule - Budget public hearing on August 25 and Council adoption on 9-8-20. Why did the budget show an increase to the Police Department of $410,000? (1) $200,000: state-mandated increase in the City’s contribution to the Local Government Employee Retirement System (LGERS); (2) $108,000: fuel and fleet maintenance costs associated with the implementation of a take-home vehicle program approved during the current fiscal year; (3) $81,000: lease costs associated with the relocated South District Substation; (4) $21,000: The department will no longer receive state grant funding for the DWI Task Force. Salary costs that used to be partially covered by the grant will be fully funded in the General Fund in FY 2020-21; and (5) No new personnel or equipment. Why did the budget show an increase to the Fire Department of $1,000,000? (1) $200,000: state-mandated increase in the City’s contribution to the Local Government Employee Retirement System (LGERS); (2) $316,000: the City’s share of the cost for 15 firefighter positions that were added in November 2018 and November 2019 as part of the Staffing for Adequate Fire & Emergency Response (SAFER) grant program; (3) $200,000: increases to the AFD overtime budget and fleet and fuel budget based on spending trends from recent fiscal years; and (4) $284,000: other cost increases associated with the firefighters added in 2018 and 2019. In summary, we are listening, hearing, and trying to be responsive to all community needs in a constrained fiscal situation. We must use these challenges as an opportunity to rethink and reinvest in collaboration with the community. An interim budget allows time to engage the community. Councilman Haynes asked that the line item budget for all departments be made available. City Clerk Burleson said that department summaries (which show expenses by category, as well as highlights of any major budget to budget changes for each department) is available on the City’s website.","c":"Public Safety","mo":"individual","mv":"Young","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11NDdwB4UFdBpgOLZFDG3-WGrU9dv1L86/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":17},{"d":"2020-06-23","mt":"regular","id":"B","ref":"RES 20-117","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City annually finances the purchase of necessary vehicles and equipment through an installment loan program. - In May, the City distributed a Request for Proposal (RFP) seeking competitive bids for this year’s installment loan financing to several money-center, regional and local banks including HomeTrust Bank and First Citizens Bank. - Nine proposals were received and reviewed. - The most favorable proposal was submitted by JPMorgan Chase with an interest rate of 1.16% per annum for both a term of 48 months (computer equipment) and a term of 59 months (vehicles). Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Provides funding of capital expenditures at a favorable interest rate. - Spreads capital costs over the purchased asset life. Con(s): - Increases the lifetime cost of acquisition through interest and cost of debt issuance expenses. Fiscal Impact: - The interest payments range from $55 thousand in the first year to under $10 thousand in the fifth year as the principal balance is paid down. Funds are included in the City’s debt service budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-06-23","mt":"regular","id":"C","ref":"ORD 4809","it":"ordinance","t":"Ordinance to discontinue charging (fees)","desc":"Background: - In 2006, an engineering evaluation of the Asheville Water System revealed that reinvestment in existing water infrastructure was imperative to the system’s ability to continue to provide water service to its existing customers. The evaluation identified funding mechanisms to accommodate the reinvestment and address the deferred maintenance issues. - Applying a CIP fee based on the maximum volume (gallons per minute) that will pass through a meter was chosen and approved as the funding mechanism. - The water system regularly reinvests an average of $10,000,000 to $12,000,000 annually into the system. - The reinvestments include, but are not limited to,: - water treatment plant projects, - water line replacement projects, - water meter and vault replacement projects, - water pump station and water storage tank projects, and - debt service payments. - In June of 2018, a lawsuit was filed against the City of Asheville (Alexander vs. The City of Asheville, 18 CVS 2231), which alleged that charging the CIP fee was beyond the City’s legal authority. - At that time and continuing through the present, the City remains steadfast in its assertion that its water fees were valid and defended the lawsuit accordingly. - The parties eventually reached an agreement to settle the lawsuit in December 2019. As part of that settlement and without admitting any liability, the City agreed to discontinue charging the CIP fee.  Committee(s): - None Pro(s): - Compliance with the settlement agreement. Con(s): - Failure to comply could result in further litigation expenses. Fiscal Impact: - The Water Resources Department will experience an approximately $7.5 million reduction in CIP funding in Fiscal Year 2020-21. - Staff is working with consultants to develop scenarios for future annual rate adjustments that will mitigate this capital revenue loss over time.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-06-23","mt":"regular","id":"D","ref":"RES 20-118","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The Belfry is the very top, peak section of the roof. It contains the bell and chimes. It has an asphalt roof that forms the floor of this open-air area. - This work is essential to complete. The roof and masonry are leaking and are significantly deteriorated which has caused interior damage. - The City Hall main roof was last restored in 2001 and is in acceptable condition. - An Historic Resources Minor Work Certificate of Appropriateness has been issued. - A Request for Bids was first advertised on February 25, 2020. A Mandatory pre-bid meeting was held on March 10, 2020. The original bid date was March 26, 2020. The Bid receipt deadline was delayed as COVID-19 procedures were developing. - Informal bids were received April 14, 2020. The bids were not responsive because there were no bids provided that met the allocated budget and NCGS Informal requirements. - The Request for Bids was re-advertised on April 29, 2020 after an additional budget amount was allocated to the project from other facility maintenance project funding sources. - A pre-bid meeting was not offered or required due to mass gathering restrictions related to COVID-19. Contractors were offered site visits following current COVID-19 restrictions per the State of North Carolina, Buncombe County, and the City of Asheville. More Contractors showed interest in the project and made site visits to City Hall. - Construction will begin in mid-July 2020 with completion expected in November 2020. - Four bids were received and opened on May 28, 2020. The low bid was deemed non-responsive because they did not submit all of the paperwork required to document  business inclusion efforts. The resulting responsive base bids (including bid alternates) are listed below: Contractor Location Amount - Baker Roofing Company Charlotte, NC $ 2,012,420 - J. Wayne Poole, Inc.Greensboro, NC $ 1,282,963 - Midwest Maintenance, Inc. Piqua, OH $ 880,706 Midwest Maintenance, Inc. was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. The low bid Contractor did document outreach to MWBE subcontractors. Results: Welling, Inc. of Cincinnati, OH, WBE, material supplier, $17,397 and Dillion Construction Services, Irmo, SC, MWBE (Woman and Minority owned), plaster repair, $3,560.  Committee(s): - None Pro(s): - The roof system will be insulated per current building codes and will be leak free. - The historic landmark of City Hall will be provided with necessary repairs. Con(s): - The contractor will take the back row of City parking spots along Davidson Drive during construction for staging and logistics. Fiscal Impact: - Staff will utilize existing building maintenance funding within the Adopted Capital Improvement Program (CIP) to fund this contract.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-06-23","mt":"regular","id":"E","ref":"RES 20-119","it":"resolution","t":"Resolution authorizing the City Manager","desc":"of one year with the option of four, one-year renewals to provide security services for no more than five consecutive years. Background: - The City Hall Operations (CHO) Division of the Capital Projects Department provides a variety of services including overseeing Security Guards to Public Works and City Hall Buildings. - Security guard services were previously provided by GuardOne at a not to exceed amount of $140,000 per year. - A Request for Proposals was issued recently requesting proposals and costs for providing Security Guard services. - Scoring proposals was based upon a weighted combination considering qualifications and costs. - The recommendations were not based exclusively on the lowest cost. The use of the following criteria ensures an overall approach to work is best suited vs just being the lowest bid. - Experience and capacity weighting of 40% comprised two tiers - Development of Team 25% - Portfolio Summary 15% - Approach to work weighted at 20%. - Proposed cost has a 40% weighting. - Six companies submitted proposals and costs. Using a weighted scoring system, Martin Edwards and Associates scored the highest and is being recommended as the service provider. - Martin Edwards & Associates - Linden NC - 8.69 - Strategic Security Corp - Commack NY - 8.52 - GuardOne Security - HQ Lawrenceville GA (Local branch Matthews NC) - 8.51 - Allied Universal Security Services - HQ Conshohocken, PA (Local branch Charlotte, NC) - 8.39 - SAKOM -- HQ Appleton WI (Local branch Greenville SC) - 8.13 - Global Guardian - McLean VA - 4.56 - The transition of these service providers will coordinate with the reopening of city facilities during the COVID-19 pandemic. - Annually, renewals will be brought before City Council for authorization to extend the contract. Vendor Outreach Efforts: - Staff performed outreach through solicitation processes using the State’s Interactive Purchasing System. Martin Edwards and Associates is a certified Historically Underutilized Business (HUB) identified on the HUB website as a female-owned business out of Linden, NC.  Committee(s): - None Pro(s): - Provides security to both staff and visitors - Consistent security services at multiple buildings - Flexibility to staff additional people if security needs change  Con(s): - Security personnel will be learning about the security of City facilities in a transition period post COVID. Fiscal Impact: - Costs for the first year of these services are included in the FY 2020-21 Proposed General Fund Budget in the City Hall Operations Division of the Capital Projects Department. - The contract is contingent on budget appropriations in future fiscal years.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-06-23","mt":"regular","id":"F","ref":"RES 20-120","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - On November 12, 2016, City Council authorized a three-year agreement between the City of Asheville Water Resources Department and the Mills River Partnership (MRP) for a not-to-exceed amount of $180,000 [$60,000 per fiscal year; approximately $0.01 per centum cubic feet (CCF) system-wide] to provide financial support of projects intended to protect and/or improve water quality in the Mills River Watershed. The department desires to continue to partner with the MRP to help fund water quality projects in the Mills River Watershed. - The Water Resources Department is willing to provide cost-share funding for projects that are directly related to water quality protection and/or improvement. - These activities include; - selection and installation of best management practices to control contamination of the river from storm runoff, - stream bank restoration, - planting trees to protect the river buffer zone, educational materials and activities that involve working with agriculture farms to develop buffer zones. - These projects maintain the water quality of the river and thereby reduce water treatment costs & protect the environment of the watershed. - The City of Asheville has an ongoing interest in watershed management. Water quality in the upper watershed continues to be excellent and overall water quality indices have improved during the past ten years. The strategy is to continue focusing on efforts to protect and improve water quality. - Funding initiatives are to be considered with an understanding of their long-term impact on water quality. Vendor Outreach Efforts: - This is a continuation of contracted services with a vendor that has a unique and singular focus, with no comparable vendors/non-profits. As such, no additional outreach has been conducted.  Committee(s): - None Pro(s): - Opportunity to partner with the Mills River Partnership to strategically address areas of concern in the Mills River watershed. - Funding from the City of Asheville could make some water quality projects feasible. - Funding from the City of Asheville could support public education efforts related to water quality protection. - Projects in the watershed could improve source water and drinking water quality. - The City of Asheville Water Resources Department wants to maximize benefits to water quality. Con(s): - If the City does not participate in the funding of specific water quality projects, these projects may not occur and there could be potential negative impacts on water quality. Fiscal Impact: - The full amount needed for the three year agreement is currently allocated within the Water Resources Operating Fund for Fiscal Year 2020-21. The total not-to-exceed contract amount of $180,000 will be encumbered upon City Council approval, even though the MRP will only be allowed to request a not-to-exceed amount of $60,000.00 per fiscal year for the next three years.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-06-23","mt":"regular","id":"G","ref":"RES 20-121 / ORD 4810","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment regarding Asheville (program)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-06-23","mt":"regular","id":"H","ref":"RES 20-122 / ORD 4811","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-06-23","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to amend the U.S. Dept. of Housing & Urban Development plan (continued to August 25, 2020)","desc":"","c":"Housing","mo":"public_hearing","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"continuance","sq":7},{"d":"2020-06-23","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Young","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2020-06-23","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to amend the 2019-20 U.S. Dept. of Housing and Urban Development plan (CDBG/HOME voucher allocation)","desc":"Community Development Programs Director Paul D’Angelo said that this is a public hearing to amend the 2019-20 Annual Action Plan to allocate funds to help prevent, prepare for, and respond to COVID-19. This public hearing was advertised on May 15 and 22, 2020. On May 26, 2020, this public hearing was continued to June 9, 2020. On June 9, 2020, this public hearing was continued to this date. Background: - The City of Asheville will be receiving a special COVID-19 funding allocation from the Department of Housing & Urban Development (HUD) in the amount of $615,934. - The funds are to be used to prevent, prepare for, and respond to the coronavirus / COVID-19. - In order to strategically utilize these funds for individuals and families affected by COVID-19, it is important to understand where there are gaps in existing relief funding, unmet needs, difficulty in accessing relief funds, and not to duplicate services, efforts and other federal & state dollars. - Specifically from HUD, “Grantees must prevent duplication of benefit, i.e. the use of CDBG-CV funds to pay costs if another source of financial assistance is available to pay that cost”. - Our proposal to HUD for this special allocation must show “Clarity of Need” and fund individuals and families under 80% Area Median Income (AMI) and/or Low & Moderate Income (LMI) areas. - In order to be timely, strategic and effective with these HUD dollars, as well as working within the parameters of Community Development (CD) capacity, CD staff strongly recommends directly partnering with local agencies (“sole sourcing”, contracts under $250k) who can: - target and address immediate needs, - have the expertise to carry out the eligible activity, - have experience working with CDBG and/or HUD funds, - have the capacity as an agency to be an effective partner, and - have the ability to produce monthly or quarterly reports and measurable outcomes. Proposal: - SERVICES BREAKDOWN OF THE $615,934 BUDGET - Rental Assistance $399,500 - Homelessness Prevention & Rapid Rehousing - Eviction Prevention/LMI Individuals & Families - COVID-19 Emergency Response Homeless Populations $156,434 - Security charges at congregate shelter / Operational costs at non-congregate shelter not covered by FEMA - Grant administration and compliance $60,000 - Part-time staff for grants management - HUD reporting & compliance / technical assistance $615,934  Committee(s): - None. Pro(s): - Efficient use of funding - Preserves and protects affordable housing - Targets populations most impacted by COVID-19 - Reduces spread of COVID-19 Con(s): - Staff hours will be dedicated to administering this grant. Fiscal Impact: - This special allocation is fully funded from HUD authorized by The CARES Act of 2020. Staff costs to administer the program are also fully paid from federal sources. This funding will provide rental assistance to Ashevillians in danger of homelessness or eviction as well as additional homeless services including reimbursement for costs associated with homeless sheltering. In response to Councilwoman Mayfield, Mr. D’Angelo explained in detail the Homelessness Prevention & Rapid Rehousing and Eviction Prevention/LMI Individuals & Families programs. He also provided the organizations we are going to partner with to administer these funds. There was considerable discussion, initiated by Councilman Young, about whether individuals who receive housing vouchers are eligible for this assistance. He was concerned that if an individual before COVID-19 already needed assistance and they lost their job, that they can’t apply for these funds. Mr. D’Angelo said that according to HUD guidelines (which are not final at this time regarding these COVID-19 special funds), when someone is already receiving housing assistance, there cannot be a duplication of benefits. Language specifically from HUD states, “Grantees must prevent duplication of benefit, i.e. the use of CDBG-CV funds to pay costs if another source of financial assistance is available to pay that cost”. He said that the individuals with housing vouchers are already working with the Housing Authority to avoid eviction.  Councilwoman Mayfield said that if people have vouchers in private housing, Pisgah Legal Services will be there to represent them and help work out a payment plan, with support from the Housing Authority. Even though the individual is not receiving a direct benefit, it builds a network around them in a different way to keep them housed. Councilman Young felt that this is a good example of why we need to restart the City Council Housing & Community Development Committee, so discussion regarding items like this can be vetted out before reaching Council. He asked for a definition of “duplication of funding.” Councilwoman Mayfield suggested that until we get the final regulations from HUD that we set aside $25,000 that can be used for people who already have housing vouchers. If the final regulations are received and we can’t use the money for that purpose, the Housing & Community Development Committee can make the decision at that point to release the money to qualified individuals. Mayor Manheimer opened the public hearing at 6:26 p.m. Eight individuals spoke to urge the City to use the bulk of the Community Development Block Grant funds for a rental assistance program and to use City General Fund funds for rental assistance and housing. Councilwoman Mayfield said that according to David Nash, Executive Director of the Housing Authority, in a text message, all rents have been adjusted and protected. He said they do not need this assistance and that the assistance should be made available to people who don’t have federally subsidized rent. The Housing Authority is taking care of people who have vouchers. Given Mr. Nash’s assurance, she removed her suggestion about setting aside $25,000. Mayor Manheimer asked that a memorandum from Mr. Nash be provided to City Council prior to the vote at the July 14, 2020, meeting on this matter. In accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Housing","mo":"public_hearing","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2020-06-23","mt":"regular","id":"NB-A","ref":"RES 20-123","it":"resolution","t":"Resolution authorizing an interlocal agreement with Buncombe County for installation and maintenance of needle disposal units and kiosks","desc":"Staff Report: “This is a request to authorize the Interlocal agreement with Buncombe County for installation and maintenance of needle disposal units and kiosks. Background: - Buncombe County has been significantly impacted by the opioid epidemic. In both 2018 and 2019, about 80 individuals who were temporary or permanent residents of Buncombe County died from an opioid overdose. - Buncombe County is receiving multiple complaints by residents and businesses about used needles left in county buildings and on county and city property. - Buncombe County has received funding from the Dogwood Trust Foundation in the amount of $24,364. The County would like to use these funds to purchase and donate six large outdoor needle disposal kiosks to be installed on City property and rights of ways and maintained by the City. - The County will be responsible for removing the needles from the disposal kiosks. - Five of the six locations have been identified: 40 Coxe Avenue; Haywood St. Congregation (sidewalk); State Street near Haywood Road; Hominy Creek Park; and Pisgah View Apartments (at Granada bus stop). - An Interlocal agreement between the County and the City of Asheville is needed to define parameters around responsibilities related to the installation and maintenance of these units.  Committee(s): - None Pro(s): - Partnership with Buncombe County and the Dogwood Trust Foundation Con(s): - None Fiscal Impact: - Costs are expected to be nominal and will be funded out of the existing General Fund Public Works budget.” Amy Upham, Buncombe County’s Opioid Response Coordinator, provided an overview of the 2019 syringe disposal efforts: (1) 16 bathroom units installed at various locations; (2) Syringe handling training given as part of harm reduction training to over 400 community and business members; (3) Safe syringe disposal information distributed to area businesses, nonprofits, libraries, and City of Asheville; (4) “Safety is the Point” safe syringe disposal bus ads placed in 22 city buses; and (5) 6 large disposal units purchased for installation. She said safe syringe disposal efforts (1) Evidence-Based research from Montreal, Canada shows community-based disposal units reduced needle litter by 95% within 200 yards of the unit; (2) Erie County, NY Department of Health provided technical assistance and guidance on policy and logistics of syringe disposal; and (3) Successful community disposal efforts include street sweep teams and large disposal units. Ms. Upham said the logistics for the City & County Memorandum of Understanding include (1) 6 large disposal units will be donated to City of Asheville; (2) City of Asheville will install and maintain the units; and (3) Buncombe County will replace unit if needed and oversee collection of syringes. The locations based on community requests, consultation, and data: (1)DEA APD Liaison input; (2) Greenworks data collection; (3) Asheville City Sanitation; (4) Request by Pisgah View Community; (5) Consultation with Buncombe County Parks Department; and (6) Stakeholder engagement at Community Engagement Markets and door-to-door with business owners on Haywood Rd. (West Asheville) and in Downtown Asheville. Some statistics for the Dogwood Grant awarded for safe syringe collection include: (1) $24,364; (2) Will pay for a part time position to manage collection from 6 units; (3) Grant covers end-point disposal bins; (4) Grant also pays for liability insurance for subcontracted agency; (5) Development of sustainability plan for collection as a part of opioid response efforts; and (6) Subcontracted agency identified as Sunrise Community for Recovery and Wellness. The Community Engagement Plan includes (1) Opioid Response Coordinator working with City of Asheville and Buncombe County Community Engagement Teams; (2) Continued harm reduction education including safe disposal; (3) Safe syringe disposal materials for individuals and businesses; (4) Work with stakeholders including Buncombe CARE Team, nonprofit partners, and businesses; and (5) Website: buncombecounty.org/safer. Next steps consist of (1) Continued community engagement and education; (2) Identify specific coordinates for 2 of the locations (Harris Center and Haywood St. Congregation); (3) Installation of units; (4) Train new Sunrise hire on pick-up and community engagement; and (5) Continue Needs Assessment of rural Buncombe County for substance use needs, including disposal. In response to Councilwoman Smith, Ms. Upham said that part of the community engagement plan is to create a map. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Transportation","mo":"individual","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":11},{"d":"2020-06-23","mt":"regular","id":"NB-budget-cal","ref":"","it":"motion","t":"Motion to amend the FY 2020-21 Budget Calendar (reschedule public hearing and adoption to July 28, 2020; delete Sept 8 adoption)","desc":"","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":1,"mr":"policy category","sq":12},{"d":"2020-06-23","mt":"regular","id":"NB-interim-budget","ref":"ORD 4813","it":"ordinance","t":"Ordinance approving interim budget appropriations from July 1, 2020 to July 31, 2020","desc":"Chief Financial Officer Barbara Whitehorn said that this action is to request a motion to: 1) adopt an ordinance approving interim budget appropriations from July 1, 2020 to July 31, 2020; and 2) amend the FY 2020-21 Budget Calendar to (a) reschedule the August 25, 2020, FY 2020-21 Annual Budget Ordinance Public Hearing to July 28, 2020; (b) reschedule the September 8, 2020 FY 2020-21 Annual Budget Ordinance Adoption until July 28, 2020; and (c) delete the September 8, 2020, FY 2020-21 Annual Budget Ordinance Adoption. Background: - The Fiscal Year (FY) 2020-21 Proposed Annual Operating Budget was presented to City Council on May 26, 2020. - In accordance with the North Carolina Local Government Budget and Fiscal Control Act, a summary of the Proposed Budget along with a notice of the Public Hearing was published on May 29, 2020. - Following presentation of the FY 2020-21 Proposed Budget, the City decided that adopting an interim budget would allow time to plan a public engagement process around reallocating resources to address equity, social disparity, and policing concerns voiced by the community. - Per NC General Statutes, the City cannot adopt the annual property tax rate with an interim budget. The property tax rate can only be adopted as part of the annual budget ordinance and must be adopted by August 1. - After meeting with faculty at the UNC School of Government, staff determined that delaying the annual budget adoption until September 8, 2020 would negatively impact the City’s ability to establish a property tax rate in accordance with the state statutory deadline. - As a result, staff is recommending that the City Council adopt a one-month interim budget from July 1, 2020 to July 31, 2020, and adopt the annual budget ordinance and set the property tax rate at its July 28, 2020 meeting. - The revised FY 2020-21 budget calendar will be: - June 23, 2020: Adoption of one-month interim budget - July 28, 2020: FY 2020-21 Proposed Budget Public Hearing and Adoption of the FY 2020-21 Annual Budget Ordinance - Pursuant to North Carolina General Statute §159-16, the interim budget allows the City to pay salaries, debt service payments, and the usual ordinary expenses that typically occur during the July 1, 2020 to July 31, 2020 time period. It does not allow for any new spending or capital projects. - The interim budget ordinance, which was prepared in accordance with North Carolina General Statute §159-16, reflects the estimated cost of providing existing programs and services during the month of July, with adjustments made to account for any large expenses, such as debt service payments, that typically occur during this time. - The annual budget ordinance that staff prepares for Council consideration at its July 28, 2020 meeting will include full annual budgets at the fund level but only provide three months' worth of funding for each department, with the remaining budget being held in reserve in a non-departmental section of the budget. - During this time, the City Manager’s Office will engage the community in a process to determine investments in the Asheville Police Department, other City departments, and various community programs. - At the City Council’s September 22, 2020 meeting, the City Manager will present a budget amendment that will reflect input received during the public engagement effort and provide all departments with additional budget authority for the remainder of fiscal year 2020-21.  Pro(s): - Ensures the City’s compliance with North Carolina General Statutes that require local governments to adopt either a balanced annual budget ordinance or interim appropriations by July 1 of each year. - Provides for adoption of the City’s property tax rate within state statutory guidelines. - Provides expenditure authorization for ongoing City services while staff reevaluate investments in the Asheville Police Department, other City departments, and various other community services. Con(s): - The City cannot begin any new programs or initiatives or new capital projects until after July 28, 2020. - Staff will be required to bring a budget amendment to City Council in late September to fully fund General Fund departmental operations for the entire fiscal year. Fiscal Impact: - Interim appropriations for the time period from July 1 to July 31, 2020 are financed with appropriations from fund balance for all operating funds. - The property tax rate will be adopted on July 28, 2020 with the FY 2020-21 Annual Budget Ordinance. Ms. Whitehorn responded to Councilman Haynes when he asked about public engagement. Twenty-five individuals spoke about cutting the Asheville Police Department’s (APD) interim budget by 50%; defunding the APD; removal of the Vance Monument and renaming streets; prioritizing black community needs; soliciting input from the black community;  abolishment of the APD; need for open forum for behavior of APD officers; request Mayor Manheimer and Police Chief Zack to resign; do not put mental health addiction coordinator or homeless outreach team in the APD but in the hands of experienced individuals who have been doing this work for years; reprogram organizations to overlook the safety of our community; minimum requirements for APD officers are not enough for those who will hold weapons; people have already voiced their demands so no need for further public engagement; need to end racism policing; and raise firefighter pay from $12/hour.","c":"Housing","mo":"individual","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2020-06-23","mt":"regular","id":"V-A","ref":"ORD 4812","it":"ordinance","t":"Ordinance to amend a previously approved conditional zoning","desc":"Mayor Manheimer said that this public hearing was held on June 9, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours.  Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Kapoor","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2020-06-23","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":14},{"d":"2020-06-23","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17KeTXtiozzg-3KFjOKHSD3Y56GUE9vU9/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":15},{"d":"2020-07-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on June 23, 2020","desc":"","c":"Administrative","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-07-14","mt":"regular","id":"II-B","ref":"RES 20-124","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Patton Construction Group Inc. for the FY 2020-21 Utility Cut Concrete Repair Project","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility Program. This program is an enterprise fund that is supported by the participation of and work generated by partner agencies (Duke Energy, PSNC, City of Asheville Water Resources, and City of Asheville Stormwater Division). - As part of this program, both city and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. At times, these activities cut concrete infrastructure such as curbs and sidewalks. When this occurs, the Utility Cut Program must have a method to address these areas. - This contract serves as an instrument to address the unpredictable nature of these cuts in the City infrastructure and eliminates the possibility of City employees being removed from the more routine scheduled maintenance of existing infrastructure. The quantity and location of the concrete repairs performed under this contract is dictated by development and repair work performed by the partner utilities. This is the eighth year that a private contractor has performed this service. - The project was advertised on April 20, 2020 and the following bids were opened on May 7, 2020: Patton Construction Group, Inc., Arden, NC $236,930.00 Appalachian Paving and Concrete, Asheville, NC $269.675.00 B.H. Graning Landscapes, Sylva, NC $484,234.40 - Construction is anticipated to start in July 2020 and the contract is intended to last through the fiscal year. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - In addition, the Business Inclusion Manager posted the advertisement on the following Facebook pages: African American Business Association, CoThink, Local Black Business, Vendors, and Crafters, Black Business Network, WNC Women Entrepreneurs, The Color of Asheville, Latinos de Asheville y Hendersonville, and Asheville Area Black Businesses, Professionals, Entrepreneurs. - No minority- or women-owned business enterprises submitted a bid to be the prime contractor on the project.  Pro(s): - Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s): - Repairs will cause temporary disruption to pedestrian and vehicular traffic. Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partners participating in the program. The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery. Funding for the contract is contingent upon Council approval of the FY 2020-21 budget on June 23, 2020. Funding for the contract is contingent upon Council approval of the FY 2020-21 budget on July 28, 2020.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-07-14","mt":"regular","id":"II-C","ref":"RES 20-125","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with the Asheville Area Arts Council to create a Black Lives Matter mural around Pack Square Plaza","desc":"Background: - The City wishes to express itself in matters of public concern, including in matters of racial equity. - The City has previously used Agreements with not for profit organizations as a method of creating temporary public artworks on the City’s behalf. - The Asheville Area Arts Council (AAAC) has raised the majority of funds needed to install and maintain a City-commissioned Black Lives Matter mural in Pack Square Plaza, and anticipates reaching their goal of $22,100 by the end of the month. - No City funds are needed to complete the project. City fees will be waived because it is a City project. - The Agreement would specify maintenance roles and requirements for the mural. - The Agreement would be for no longer than one year and would include the right for the City to remove the mural at any time. - AAAC proactively held a competitive process to procure the three lead artists for the project; all of those artists and the sixteen assistant artists creating the mural are African Americans. - The mural would be installed at a date to be determined.  Committee(s): - None. Pro(s): - Contracting with this not for profit provides the City with ability to artistically express itself in matters of public concern, furthering Asheville’s identity as a place built on creative culture and economies - Contract results in the hiring of 19 African American artists. Con(s): - Some community members may not agree with the City’s expression. Fiscal Impact: - The City will provide minimal services, such as providing and installing barricades, blocking parking meters as part of this project. The cost for the materials and artist stipend will be donated by the AAAC.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-07-14","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to solicit comments for the CDBG and HOME Investment Partnership Act funds Annual Action Plan for FY 2020-21 (continued to July 28, 2020)","desc":"Annual Action Plan for Fiscal Year 2020-21 to July 28, 2020. This motion was seconded by Councilman Young and carried unanimously by roll call vote","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":0,"mr":"continuance","sq":3},{"d":"2020-07-14","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider rezoning property located at Courtland Avenue/Woodside Place (recessed to July 28, 2020)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to rezone property located at 99999 Courtland Avenue, 99999 Woodside Place, and 99999 Gudget Street, from Urban Village to RS-8 Residential Single-Family High Density District. This public hearing was advertised on July 3 and 10, 2020.  Background: - The rezoning petition consists of three separate parcels with a combined area of approximately 0.40 acres located at 99999 Courtland Ave., 99999 Gudger St., and 99999 Woodside Pl. (PINs 9649-11-0689; 1622 & 0671) and are owned by Mahan Kalpa Khalsa Trust and 1031 Beckstrom LLC. - The subject properties are 0.28, 0.06 and 0.06 acres respectively. The largest parcel is split-zoned but is predominantly zoned Urban Village (UV) with a very small portion zoned RS-8. The two smaller lots are both zoned UV in their entirety. - The larger 0.28 acre parcel is located within the Montford Historic District. No changes to the Historic District overlay or the boundary is proposed. The Asheville Buncombe Historic Resources Commission granted preliminary subdivision plat approval earlier this year. - The properties have frontage along, and are accessed from, Gudger St. and/or Woodside Pl. - The properties were included in a large rezoning application from 2007 that included 51 lots totalling 9.89 acres that were intended to be combined for the purpose of executing a large, mixed-use development. The masterplan was approved but never implemented and has subsequently expired; however, the UV zoning designation remains in place. - The UV zoning requires the approval of a master plan involving a minimum of five acres. Without a rezoning, the properties cannot be developed individually. - The expiration of the former plan, combined with the condition of numerous individually owned parcels, reduces the likelihood that an urban village would ever be developed. - The proposed RS-8 zoning would allow for the three properties to be recombined and redivided in a more efficient manner to allow for single-family residential development. - The purpose of the UV zoning is to create a high-quality, mixed use development that contributes to the place-making character of the built environment and that is economically vital and pedestrian-oriented with an organized layout that encourages the full range of access by patrons and users. Without a master plan that meets these criteria, the UV zoning is ineffective. - The purpose of the RS-8 zoning district is to establish a high density per acre for single-family dwellings where public infrastructure is sufficient to support such development and to stabilize and protect the district's residential character in areas of existing high density single-family development. The majority of the parcels directly adjacent or in proximity to the subject properties are zoned RS-8. - The subject properties are located in and/or border the Montford Historic District which consists primarily of single-family residences. The properties to the north and south are zoned RS-8 and developed with single family homes; the property to the east is also zoned RS-8 and is developed with an Middle school (Montford North Star Academy) which is one of the few non-residential land uses supported in residential areas; the properties to the west are undeveloped and remain zoned UV. Schools and single family residences are generally regarded as compatible land uses and the proposed RS-8 single-family zoning would support new development that is consistent with the surrounding uses, as well as the historic district.  Committee(s): - A preliminary subdivision plat was reviewed and approved by the Asheville Buncombe Historic Resources Commission on January 8, 2020. - The Planning & Zoning Commission reviewed and approved the rezoning petition unanimously (6:0) on July 1, 2020. Pro(s): - Removes a zoning designation that does not allow small lot development. - Assigns a designation consistent with the surrounding zoning and uses. - Supports consistency with the Montford historic district’s development pattern. - Allows opportunity for infill housing in a locationally efficient area.  Con(s): - None. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that the Traditional Neighborhood future land use designation is assigned to more compact and walkable residential areas that provides a range of housing types at a moderate density (4-8 units/acre) with the RS-8 zoning district identified as an appropriate zoning found within Traditional Neighborhood areas. - This rezoning supports opportunity for infill housing in a very walkable and strategically located neighborhood, thus aligning with key goals in the Livable Built Environment Plan section. Fiscal Impact: - None When Vice-Mayor Wisler asked if the entire Urban Village area should be rezoned to RS-8, Ms. Tuch said that staff did discuss that; however, there are still some large parcels in that zone and someone may wish to come along and develop an urban village. In addition, RS-8 may not be appropriate on some of the borders. Since the City will be revising the Unified Development Ordinance, staff felt it would be best to wait until that review. If individual property owners wish to be rezoned, staff will look at them on a case by case basis. Mr. Tikkun Gottschalk, attorney representing the owner , explained how they believe the rezoning of this property to Urban Village was an inadvertent error and urged Council to support the rezoning. Mayor Manheimer opened the public hearing at 5:46 p.m. An individual felt that it was inappropriate to be discussing rezoning of this property since years before it was part of urban renewal and at the end of this meeting, Council is asking for reparations to Black people. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":4},{"d":"2020-07-14","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider conditionally rezoning property located at 61 Innovation Drive (continued)","desc":"Vice-Mayor Wisler, moved to continue the public hearing to conditionally rezone property located at 61 Innovation Drive from Commercial Industrial District to Institutional District/Conditional zone, along with a change in the Future Land Use Map from Industrial/Manufacturing to Employment/Anchor Institutional Center to July 28, 2020. This motion was seconded by Councilman Young and carried unanimously by roll call vote","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":5},{"d":"2020-07-14","mt":"regular","id":"V-A","ref":"RES 20-127","it":"resolution","t":"Resolution amending the 2019-20 U.S. Dept. of Housing & Urban Development Annual Action Plan to allocate funds to help prevent, prepare for, and respond to COVID-19","desc":"Mayor Manheimer said that this public hearing was held on June 23, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After receiving additional public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Young","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":6},{"d":"2020-07-14","mt":"regular","id":"VI-A","ref":"","it":"motion","t":"Resolution delegating authority to the City Attorney to contract with Hillard Heintze to evaluate APD response to protests - motion to table referred to Public Safety Committee","desc":"City Attorney Branham said that this is consideration to authorize the City Attorney to contract with Hillard Heintze in an amount not to exceed $82,500 to conduct an evaluation of the Asheville Police Department (APD) response to the recent protests including a report to be provided to City Council. Background: - In late May and early June of 2020, the City of Asheville experienced several public protests relating to the enduring national problems of police brutality, institutional racism, and the unlawful and unjustified killing of George Floyd on May 25, 2020. - The APD responded to these protests which included crowd control measures such as tear gas and the arrests of some protestors. - By request, APD officers were assisted by other local police agencies as well as the National Guard. - A City-wide curfew was established by Mayoral declaration from June 2nd - June 5th which restricted public protesting nightly after 8:00 pm, however many protesters ignored the curfew. - The City has received numerous complaints regarding the operational response by ADP during the protests. - The City Council determined that a thorough and transparent assessment of that response was necessary.  Committee(s): - Public Safety Pro(s): - This evaluation of the APD response will provide a competent, thorough, and independent assessment which will allow City Council and the public to better understand these events, as well as provide ADP with strategies for improvement if applicable. - The resulting final report will be produced in a transparent and unbiased manner in order to bolster public trust in the process. Con(s): - The funds expended on this contract could be utilized elsewhere to address community concerns and budgetary shortfalls during the economic downtown created by the recent pandemic. Fiscal Impact: - For the month of July, the City is operating under an interim budget, which per § 159-16, only allows for appropriations for the purpose of paying salaries, debt service payments, and the usual ordinary expenses. Since this contract would not likely be considered a usual ordinary operating expense, full funding for the contract won’t be available until adoption of the annual budget ordinance on July 28, 2020. The estimated total for services to be provided is between $66,000 and $72,000, excluding expenses. Additional contingency funds are included in the requested delegation of authority to account for final expenses. The contract will be funded from the Asheville Police Department Budget. City Attorney Branham said that in a June 15, 2020, letter, the City Council unanimously directed me to provide a recommendation of an outside independent agency to conduct a thorough review of the ADP response to the recent protests in Asheville. Since that time, his office has conducted the search for a firm to perform this task. He is now prepared to recommend the firm of Hillard Heintz. He said that as background, he would like to provide the Council with some information about Hillard Heintze (1) They are a Consultant and Assessment firm specializing in security risk management around the world; (2) Since its founding in 2004, they have provided consulting and evaluation services for corporate entities, individuals, and governments; (3) One of their areas of service expertise is providing assessments for Law Enforcement agencies (a) Specifically focusing on improving efficiency and effectiveness of the police force; (b) Strengthening management operations, as well as oversight; (c) Advancing Community-focused policing; (d) Enhancing the internal affairs function; and (e) Building a new platform of integrity to enhance community trust; (4) Through this work, they have conducted evaluations of numerous policies agencies around the Country; (5) The team that would conduct our evaluation consists of 4 Person Unit which includes: (a) A mix of law enforcement professionals and Attorneys with; (b) Extensive experience as Department Chiefs, criminal justice and civil rights legal practitioners, as well as professors of criminal and constitutional law; (c) They have experience in performing assessments and advising police departments in numerous cities such as Washington D.C., New Orleans, Louisiana, Chicago, as well as for police departments in Central and South America; (d) They have provided consulting services for the Dept. of Homeland Security, U.S. Customs and Border Protection, and the U.S. State Department; (e) They have facilitated numerous community dialogues regarding policing throughout the Country; (f) They bring experiences in civil rights mediation; and (g) They have also recently provided consulting services in North Carolina around the toppling of the Silent Sam Statue in Chapel Hill.  He said it is also important to note regarding the independence of this firm, that they have no prior relationship with the City of Asheville, APD, or any member of the command structure of APD. He said that upon review of their credentials, research of past work, as well interviews with their assessment team, he felt that Hillard Heintze possesses the necessary competence, experience, and expertise to conduct a thorough, fair, independent, and unbiased evaluation of the APD response to the recent protests, and produce a meaningful and transparent report to presented to the Council. City Attorney Branham then described what the evaluation process will look like (1) The assessment will review the APD response to the protests during the period of May 30 – June 6th, including the crowd control efforts such as the utilization of tear gas and other projectiles, and the destruction of supplies at the protester medic area; (2) As part of their process, and final report, they will provide the Council with an assessment on our policies and practices, in addition to a review of what occurred during the protests. This will serve as professional advice on, among other things, our use of Tear Gas; (3) This information could then be used as the basis to make policy or disciplinary decisions within the department; (4) This will be done in 3 phases: (a) Phase 1 (1-2 weeks) They will review of all relevant policies and procedures, reports, and operational plans, as well as conduct initial meetings with my office and other pertinent City representatives; (b) Phase 2 (3-6 weeks) They will conduct on site (or virtual) public engagement and analysis. This includes viewing body cam footage, site visits, individual interviews with members of APD, City staff, and members of the public, as well as conducting open forum(s) with the community; and (c) Phase 3 (7-9 weeks) Analyze all collected information and coordinate with my office to prepare a final report to be presented publicly to the Council. In total, the process will take 3-4 months, including a multi-day on-site visit for up to 4 personnel). Including preparation of the final report and presentation to the Council, the total cost is expected to be $82,550. Based upon the experience and expertise of the evaluation team, as well as the time and process involved, he believed this cost is well in line with the market rate of similar firms for this type of contract. Therefore, he recommended the firm of Hillard Heintz to conduct the analysis of the police response to the recent protests as requested by the Council. In response to Councilman Haynes, City Attorney Branham said that the company will also look at whether or not the APD policies were followed regarding chemical and rubber munitions; and whether their actions or policies conform with modern day best practices for police services. Councilman Haynes said that during the June 23 Council meeting, he asked for the use of banning tear gas to be on the July 28 agenda. However, due to a lack of support at this time, some members of Council desired to wait on findings of the evaluation before addressing the use of force methods deployed. But what can we expect to receive in these findings? They may conclude that some of the actions taken by the APD were inappropriate under the circumstances but they will most certainly conclude that no laws were broken. They will likely provide information showing these so-called non-lethal uses of force to be widely accepted methods of crowd control leaving it up to us, Council and the community to decide whether or not it was or is the right thing to do. While he sincerely hoped this evaluation spells out errors made and offers possible solutions through policy changes, it will not do our work for us. He asked that the appropriate steps are taken to authorize Council to view body cam footage from these protests. And since there can be no vote tonight on the banning of these weapons, He asked that the crowd control weapons deployed during these protests go to the Public Safety Committee to be addressed individually concerning their safety along with looking at possible alternatives and whether or not they should continue to be available to the Asheville Police Department.  Mayor Manheimer agreed with Councilman Haynes in that the majority of Council did not wish to put the tear gas item on the agenda tonight as they would like to hear the results of the consultant’s review before proceeding.","c":"Public Safety","mo":"individual","mv":"Smith","sec":"Mayfield","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":1,"mr":"contested vote","sq":7},{"d":"2020-07-14","mt":"regular","id":"VI-B","ref":"RES 20-128","it":"resolution","t":"Resolution supporting community reparations for Black Asheville","desc":"Councilman Young said “In this moment, we have a lot of issues to deal with that affect all citizens. Moreover, the death of George Floyd has been a catalyst to the nation’s largest civil rights movement - a movement that is supported by Black Americans but also by white allies of the Black community. Allies that I am thankful for and allies that I deeply appreciate. Nonetheless this is a movement that largely describes the treatment of Blacks in America for a sustained period of time. The blood capital that we have banked to spend today to fight for significant change came predominantly not from our allies but from Black men, women and children who died to get to this very moment, generation so to speak. Hundreds of years of Black blood spilled that basically fills the cups we drink from today. And so, when it pertains to policy that involves largely the lives of Black residents of the City of Asheville, I am a Black man with a Black family and anything that we do, in my mind, has to outlive the emotions of this present moment. Because the future success of my own children and our current and future society depends on the sustained success of the systemic changes that we seek. And not just the budgetary priorities in the moment. Albeit it’s important as well. We can multitask, but to say it bluntly, this is our moment, these are our lives and this is our capital. I cannot speak for everyone else, but when I help craft policy that will affect the majority of our City’s Black residents, I can truly say my heart and my head are literally in the game. And I look at my own children as my north star, my guiding light for success because their lives and their peers' lives depend on it. My dedication to those children, my children, truly drives my personal need to be successful with a policy such as  this. To those folks who are out there listening and watching, I want folks to understand that we will not be the last Council or City staff to see these policies through. It is my mission to help make, what I believe, the American dream tenable for basically all of our citizens. And, with that said, I want to say that there is this concept that is the American dream that we all have equal opportunity to generate the kind of wealth that brings meaning to the words “live, liberty and the pursuit of happiness.” Even though Black Americans, we’ve been denied that. So, it’s simply not enough to remove statutes. Black people in this country are dealing with issues that are systemic in nature and it may feel good to some to see a symbol of oppression fall, such as a Confederate monument, to join the rallying cry to defund the police (to that I say power to the people); however, the same stemics that allowed statues to go up and the disparities in police to continue are the very same systemics that recyclie itself generation after generation after generation and still remain regardless of this Council or its financial allocations. So, the days of incremental change, I believe, have left us. And, in the now we require what I believe is to be institutional change to move forward. That is why the creation of generational wealth within our Black community is important. It will sustain families for future generations and is the key to the proverbial American dream. And as far as the other systemic institutional change, institutional change is exactly what we should be seeking. And we are seeking. Not incrementalism or gestures of allie-ship. We need to be made whole. And I’ve said it before. In areas of health care, education, employment, criminal justice, business ownership, home ownership, overall equity, and as I’ve mentioned before generational wealth. And I don’t want, I’m speaking for me now personally, I don’t want to be made whole though one singular action or shuffling of money that another elected body can change at a drop of a dime. I want generations to be made whole for systematic action. The same systemic actions that got us here and have produced policy that outlived many dead politicians and generations of dead Black Americans. That is what we need to focus on. This resolution will ground us deeply and prepare the community to move forward on this promise that we are going to speak about tonight , regardless of what Council, regardless of what City Manager and regardless of what staff will be here. We want to be grounded so this necessary work will be sustained and anything less than systemic change is just feel good politics in the moment period.” Councilwoman Smith said “I think the first step towards rectifying any societal problem is to acknowledge that there is an action problem in the first place. So, in my mind, this resolution is the first step in that it names that list of historic wrongs that have been perpetuated against the Black community up until this very day. A lot of feedback that we have gotten so far by email is that, why should we pay for that happened during slavery. And my pushback against that is that reparations is more than restitution for what happened during the TransAtlantic Slave Trade. It is a dark evil sin of child slavery that is the root of all injustice and inequity at work in American life today. So it is institution that serves as the starting point for the building of strong economic floor for white America while attempting to keep Blacks forever subordinate to its progress. I wish our educational system would have done a greater job at revealing the origins and the lasting impacts of the many dimensions of racism so that accepting these truths early on in life and building empathy so that we can have an even analysis of what injustice in America was like for Black people, it will make a United States more possible. So, this resolution goes a long way in articulating that. I appreciate the resolution and that is why I am dedicating my yes vote tonight to honor my elders, both past and present. I would like to see the latter part of the resolution, be it therefore resolved, the solution part of the document, to show that these are not just flowery words on paper. This will mean that any report generated by a commission, or anyone tasks within the Asheville City staff will come back with tangible programs that have real line item monetary resources attached to them. And this means fully funding our transit system and affordable housing, but also mapping out our assets - the City assets, while looking at other municipalities who are doing a great job of coming up with innovative ways to address these generational wealth gap in Black communities. And I trust that what will come out of this, the direction of this resolution, will bring us back some shovel-ready projects and some fully funded programs that actually deal with things like the discriminatory use of eminent domain. It hurt us.  It hurt us deeply. And with that being said, I want to read something that was gathered some years ago that impacted my life when I returned to Asheville. It is a publication by the North Carolina Humanities Council. This was written by Priscilla Ndiaye. She’s also a member of the Southside Community, like I am, a member of the Southside Community and this kind of quantifies what was lost, just in the south side, what we call the South. ‘In the East Riverside area, said by the late Reverend Wesley Grant, we lost 1100 homes, 6 beauty parlors, 5 barber shops, 5 filling stations, 14 grocery stores, 3 laundromats, 8 apartment houses, 7 churches, 3 shoe shops, 2 cabinet shops, 2 auto body shops, 1 hotel, 5 funeral homes, 1 hospital and 3 doctor offices.’ It’s been said that what happened with urban renewal in this City, not slavery, but urban renewal, in this City came up to about over 400 acres of desimated homes and businesses and this urban renewal project locally was the largest in the southeastern part of the United States. This is what impacts me day to day. This is what still impacts this community. Anybody who goes throughout this community and you interact with Black people both young and old, this is felt. We feel it. Not only in our bodies in the way we interact and psychologically. So, we took a pause a couple weeks ago on our budget adoption to have some real conversations and these conversations would generate how we increase equity in this community. So, I want to say to the professional staffing here, at the City of Asheville, that we need to bring a red pen to the table to actually circle expenditures and to really show how they directly relate to the stated goals in this resolution.” Vice-Mayor Wisler said “Asheville, through this resolution, really has shown leadership. I was excited to see that the State of California just also is going to study reparations and I just hope that we will be just that little spark that will really get this conversation not only going in Asheville, but in North Carolina and across the country. I’m looking forward to voting for this resolution.” Councilman Kapoor said “he wanted to direct these comments to those of you who may be skeptical about what we are trying to do here tonight. I want to go to what Councilwoman Smith talked about in the beginning of her comments which was the recognition that we have a problem here in the City of Asheville. That is clear here. And regardless of whether or not you want to use the term ‘reparations’ or otherwise, the data is clear that we have significant disparities in this City. You can look at the numbers that are put out by the State of Black Asheville. You can look at the racial equity gap, if you will, in the School District. If you look at those datas, the issue there is one of race. Personally I don’t think we can shy away from that. I think it’s critically important for a city like Asheville to look at that. Because that doesn’t benefit anyone to have a significant equity gap in this city. It holds us back. It holds us back as community members and holds us back into what the city can do. So, I think whether you want to call it ‘reparations’ or whatever you want to call it, I think significant investment in the Black community is absolutely warranted. It is warranted not just from the perspective of the moral, having Councilman Young and Councilwoman Smith have eloquently talked about here, but again for those of you who are skeptical, think about it from the practical perspective as well. We don’t want our city held back by these gaps. And if the moral or human isn’t enough to sway you, I hope thinking about this and thinking about what Councilman Young talked about, the American dream, we want everyone to be successful in Asheville. We absolutely want to do that. And, we need to invest in all our communities here, but in particular we need to understand the disparity that we have here in our community now. And we need to rectify those to the extent we can. And that is why I’m absolutely supportive of what Council is doing tonight with this resolution.” Councilwoman Mayfield said “this is an amazing moment. It’s sobering and somber and incredibly exciting and also incredibly way overdue. This resolution, you know, it doesn’t fix everything. I think I’ve heard some criticism that it’s just vague and where is it going to actually get us. It is just the first step. As Sheneika said, it is the first step, but we have to take this first step if we are to begin to undue the centuries of wrongs that have been perpetrated on our Black neighbors and communities. The challenge for us and work going forward is to do exactly what  Keith called for - which is for us to really intentionally address the policies, the programs, the funding, the systems that have landed us where we are right now, which is a place of great disparity. And to really address the obstacles that have kept Black and Brown communities from being successful in all the ways that their white counterparts are - the rest of us are. I hope you will create new policies, programs, funding structure systems that will replace the ones that we have now and really go a long way in repairing the damage that has happened and that continues today. It’s not in the past. It continues today. And Keith is right, this is not just about the budget, but the budget is the big stick that we carry. And we heard a lot in the past, and I’ve heard a lot since I’ve been on Council, that budgets are moral documents. And, I think that is true. We need to do a lot. I don’t know how we’re going to do it but we need to do a lot and we need to shift a lot of where we are spending to make it the moral document it needs to be to create the systematic change that we are trying to accomplish. It will not happen overnight and we cannot do this alone. I hope people have noted that the resolution is aimed not just at the City, at the County, at standalone institutions in our community - we all bear the responsibility, the burden of having created it and we all bear the responsibility of needing to fix it. And that is everything from the largest corporation that is based here to the smallest organization. We all have a role. And I really do want us to think big. We need to be thinking very differently about how we do thing going forward - what we fund. Two particular things that I have found myself saying this a lot since I’ve been on Council. Well we don’t fund education and we don’t do health. That’s the County - go talk to the County. Well, the County ain’t doing everything that needs doing. And if that means that the City needs to step up and we need to start funding and investing in schools, we need to start investing in our healthcare system and accessibility to health care and making particular investments in women, our children and our families, then that’s what we need to do. Now sadly I won’t be around for most of this. I am time limited and I have months. But I will be a partner with the City and with Council and with staff in this work going forward. Wherever I am, I will be a partner and hopefully I will be in a position to be having some of these same conversations at a very different level of government that also needs to happen. I pledge that I will endeavor to lead this conversation in those forums.” Councilman Haynes said “first I would like to thank Councilman Young for taking the lead in bringing this resolution to Council. And secondly, acknowledge that while this resolution provides a great opportunity to begin reparations it is only the first step and will require the continued support of this and future councils to move towards fruition. I would also like to point out that this can directly tie into the call for defunding the APD. It seems only fitting that an institution that has historically brought so much harm to Black people could and should provide through a 50% reduction in their budget and much needed resources to begin the reparation process.” Mayor Manheimer said “I too want to thank Councilman Young for bringing this forward and I want to thank all of you for your thoughtful comments tonight, and for your bravery in moving forward on this. We are in this together sometimes in the sense that we receive a lot of comments from the public that everyone else doesn’t see, mostly via email, and this is unfortunately still a divisive topic, although more momentum is growing around it, I think in Asheville, in North Carolina and throughout our nation. But reading some of the comments we received from folks that don’t support a resolution like this, I imagine it must be extremely painful to read those comments, so I want to compliment you on your bravery to move this forward. This is not for the faint of heart to try to work on. Tough topics like this. So thank you all so much. And I want to thank the community. While we did receive some comments from folks that don’t support it and in particular folks that don’t live in Asheville that wanted to tell us they don’t support it. We did receive a lot of support from folks right here in Asheville and that helped so much when you are trying to do something that is hard to do and somewhat controversial. To hear that outpouring of support. So thank you to the community for those of you who have already chimed in and made it clear that this is something you support. And the Racial Justice Coalition for working with Councilwoman Young to bring this forward. So thank you for your work.”  Each Council member read a portion of the following resolution: “WHEREAS, Black People have been unjustly Enslaved; and WHEREAS, Black People have been unjustly Segregated; and WHEREAS, Black people have been unjustly Incarcerated; and WHEREAS, Black People have been denied housing through racist practices in the private realty market, including redlining, steering, blockbusting, denial of mortgages, and gentrification; and WHEREAS, Black People have been denied housing, displaced and inadequately housed by government housing policies that include discriminatory VA/FHA practices, Urban Renewal, and a variety of local and federal “affordable” housing programs; and WHEREAS, Black People have been consistently and widely impoverished by discriminatory wages paid in every sector of the local economy regardless of credentials and experience; and WHEREAS, Black People have experienced disproportionate unemployment rates and reduced opportunities to fully participate in the local job market; and WHEREAS, Black People have been systematically excluded from historic and present private economic development and community investments and, therefore, black-owned businesses have not received the benefits of these investments; and WHEREAS, Black people have been segregated from mainstream education and within present day school programs that include AG, AP, and Honors; and WHEREAS, Black students have experienced the denial of education through admission, retention and graduation rates of every level of education in WNC and through discriminatory disciplinary practices; and WHEREAS, Black People historically and presently receive inadequate, if not detrimental, health care as exemplified by disproportionate morbidities and mortality rates that result from the generational trauma of systemic racism, discriminatory treatment by medical professionals, and discriminatory medical practices such as involuntary sterilizations, denial of adequate testing, denial of preventative and curative procedures; and WHEREAS, Black People have been unjustly targeted by law enforcement and criminal justice procedures, incarcerated at disproportionate rates and subsequently excluded from full participation in the benefits of citizenship that include voting, employment, housing and health care; and WHEREAS, Black People have disproportionately been forced to reside in, adjacent to, or near Brown Zones and other toxic sites that negatively impact their health and property; and WHEREAS, Black People have disproportionately been limited to the confined routes of travel provided by public transportation; and WHEREAS, Black People have disproportionately suffered from the isolation of food deserts and childcare deserts; WHEREAS, systemic racism was created over centuries and will take time to dismantle; WHEREAS, state and federal governments have a responsibility to adopt programs, policies, and funding to address reparations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: The City Council of the CIty of Asheville: (1) apologizes and makes amends for its participation in and sanctioning of the Enslavement of Black People; (2) apologizes and makes amends for its enforcement of segregation and its accompanying discriminatory practices; (3) apologizes and makes amends for carrying out an urban renewal program that destroyed multiple, successful black communities; (4) calls on other organizations and institutions in Asheville that have advanced and benefitted from racial inequity to join the city in its apologies and invites them to address racism within their own structures and programs and to work with the city to more comprehensively address systemic racism; (5) calls on the State of North Carolina and the federal government to initiate policymaking and provide funding for reparations at the state and national levels; (6) directs the City Manager to establish a process within the next year to develop short, medium and long term recommendations to specifically address the creation of generational wealth and to boost economic mobility and opportunity in the black community; (7) fully supports its equity department, staff and its work, and encourages the city manager to utilize their talents when forming policy and programs that will establish the creation of generational wealth and address reparations due in the black community as mentioned above; (8) seeks to establish within the next year, a new commission empowered to make short, medium and long term recommendations that will make significant progress toward repairing the damage caused by public and private systemic Racism. Other local government community organizations may also be invited to have representation on the Commission.The task of the Community Reparations  Commission is to issue a report in a timely manner for consideration by the City and other participating community groups for incorporation into their respective short and long term priorities and plans. Accountability for achieving equity will be enforced in the appropriate offices. The report and the resulting budgetary and programmatic priorities may include but not be limited to increasing minority homeownership and access to other affordable housing, increasing minority business ownership and career opportunities, strategies to grow equity and generational wealth, closing the gaps in health care, education, employment and pay, neighborhood safety and fairness within criminal justice; (9) calls on the city manager to give, at minimum, a bi-annual update to the city council on the progress of work performed pursuant to this resolution.” Councilwoman Mayfield hoped we can create the commission in a different way and involve the community more to identify the people to serve on it. Nineteen individuals spoke in support of the resolution and spoke to Council on various items, including, but not limited to: demanding 50% of the Asheville Police Department’s (APD) budget be invested in long-term safety strategies including supporting Black startups/business, eliminating the racial opportunity gap in Asheville City Schools; defund the APD; remove Vance monument; abolish the APD; request Mayor Manheimer; ban excessive use of force and chemical weapons against citizens; and provide a comprehensive plan for reparations. Three individuals spoke in opposition to the resolution as they were not responsible for things that happened 200 years ago. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Young","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1N_keubA_UaKhB1f49Kh2sHIMUh7Bj8fJ/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2020-07-28","mt":"regular","id":"I-A","ref":"RES 20-126","it":"resolution","t":"Resolution of appreciation to Vijay Kapoor","desc":"Mayor Manheimer read the resolution.","c":"Administrative","mo":"other","mv":"","sec":"","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"no material signals","sq":0},{"d":"2020-07-28","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on July 14, 2020","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-07-28","mt":"regular","id":"II-B","ref":"RES 20-129","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with MB Haynes Corporation dba Haynes Solar for installation of onsite solar photovoltaic systems at five City facilities","desc":"Background: - On September 24, 2019, City Council approved an interlocal agreement with Buncombe County in Resolution 19-214 to conduct feasibility site assessments and issue a joint solicitation for onsite renewable energy systems. - This project was a joint venture between the City, Buncombe County, AB Tech, Asheville City Schools, and Buncombe County Schools, and will result in the installation of 7 MW of solar energy at 46 sites. - The objective of this partnership with Buncombe County is to lead by example and prioritize highly visible sites as well as demonstrate fiscal responsibility through economies of scale. - This project will see the installation of a combined total of 259 kW of solar photovoltaic energy on five (5) City-owned facilities: - Burton Street Community Center - Linwood Crump Shiloh Community Center - Fire Station #10 - Fire Station #11 - Wall Street Parking Deck - On April 8, 2020, Buncombe County advertised the project. The County received and opened bids on June 19, 2020. The names, bid amounts, and all alternates of the six (6) bids that were submitted are listed below: - MB HAYNES Corporation DBA HAYNES Solar, Asheville, NC $ 788,835 - Eagle Solar and Light, Birmingham, AL $ 810,036 - Influent Energy, Kansas City, MO $ 901,429 - Helios Energy, Fairview, TN Note (1) $ - - 8M Solar, Cary, NC Note (2) $ 676,116 - Pine Gate Renewables, Asheville, NC $ 999,786 Note(1): The Helios Energy bid was determined to be non-responsive, and could not be accepted per County policy and general statutes. Their bid was non-responsive because the bid documents required a Bid Bond. Helios Energy did not include a bid bond and therefore could not be opened. Note(2): The 8M Solar bid was disqualified due to a violation of specific instructions given in the bid solicitation by contacting a contractor of the project to request information on the bid specifications. - MB HAYNES Corporation DBA HAYNES Solar was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - County staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. No MWBE firms submitted bids with this prime contractor and all work will be self performed by the prime contractor.  Committee(s): - Buncombe County Commission - July 21, 2020 - Approved debt service in the amount of $10.3 million for solar installations at Buncombe County, AB Tech, Asheville City Schools, and Buncombe County Schools. Pro(s): - Demonstrates visible and measurable progress towards the 100% renewable energy goal (Resolution 18-279) by offsetting 3% of building energy use with solar generated electricity - Supports the 80% carbon reduction goal (Resolution 11-77) by avoiding an estimated 320 metric tons of carbon annually - The City potentially will receive over $300,000 in rebates from Duke Energy Progress (pending availability) - The City will save approximately $30,000 in avoided electricity costs annually Con(s): - This project is being paid with funds from the Green Savings Account and will deplete most of the current account balance. Fiscal Impact: - The full budget for this project, including the contract and other associated costs, is estimated to be $956,181 and is included in the FY 2020-21 Annual Budget Ordinance in the General Capital Projects Fund. Funding for the project will come from the Green Savings Account. Renewable Energy projects identified through this process, and their savings, will be reported to the Budget Division annually.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-07-28","mt":"regular","id":"II-C","ref":"RES 20-130","it":"resolution","t":"Resolution authorizing the City of Asheville (consent item)","desc":"Background: - The City was approached by the Land Resources Manager of Riverlink with an offer to donate a 0.10 acre lot at the corner of Gash Farm Road and Azalea Road. The lot is improved with a gravel drive, trees and shrubs. - The Real Estate Division consulted other City departments to determine whether or not the City would benefit from accepting this property. - The Public Works Department indicated that the land could be used to improve the safety at that intersection and recommended that the City accept the donation. The intersection at Gash Farm and Azalea Road is difficult to navigate because it is at such a sharp angle. A mirror was installed recently by Transportation Department staff at that intersection to increase visibility. - The lot size is smaller than the minimum size requirements per RS-2 (Residential Single-Family Low Density) zoning and is too small to be considered buildable. It appears that using the property for traffic safety improvements is the best use. - This triangular shaped parcel has a tax assessed value of $900.00 and under Riverlink’s ownership, the property does not contribute to City tax revenues.  Committee(s): - None Pro(s): - This land could be used to improve a traffic intersection, thereby increasing public safety. - The land is being donated at no cost to the City. Con(s): - None. Fiscal Impact: - The donation of the land comes at no cost to the City. However, the cost of the improvements to the road is estimated to be approximately $250,000. These improvements are not budgeted at this time but Public Works wants the land to plan for future road improvements.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-07-28","mt":"regular","id":"II-D","ref":"RES 20-131","it":"resolution","t":"Resolution authorizing the City (consent item)","desc":"Background: - The City has plans to construct a new sidewalk along NC 280 (Airport Road) from US 25 (Hendersonville Road) to the western end of Wal-Mart through the bond program. - This sidewalk will tie into an existing sidewalk recently constructed by the NCDOT. - The project includes pedestrian phasing and crosswalks at four signalized intersections (A traffic - review and inspection agreement with the NCDOT for three of the signalized intersections was approved on July 23, 2019 via Resolution # 19-173). - The subject action is needed because NCDOT recently installed a fourth signalized intersection within the project limits. - The City has prepared the appropriate designs to add pedestrian phasing and will be furnishing and installing the equipment and crosswalks. - The NCDOT will review the designs and inspect the work during the construction phase.  Committee(s): - None Pro(s): - A new section of sidewalk will be constructed that will provide an important pedestrian connection between Hendersonville Road and the airport. - The pedestrian experience will be enhanced through signalized intersections with pedestrian phasing and crosswalks. - The NCDOT will own and control the traffic signal (and associated equipment) and maintenance will be accomplished according to their current policies and procedures. Con(s): - None Fiscal Impact: - The financial impact is estimated to be $5,000 and the City must submit payment upon partial execution of the agreement by the City. The funds are already included in the bond program budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-07-28","mt":"regular","id":"II-E","ref":"RES 20-132","it":"resolution","t":"Resolution authorizing the City (consent item)","desc":"Action(s) Requested: Authorization for City Manager’s execution of contract extensions with Red Roof Inn, Inc., Homeward Bound of Western North Carolina, and Axis Security. Background: - On May 12, 2020, Council ratified the City Manager’s execution of agreements with Red Roof Inn, Inc., Homeward Bound of Western North Carolina, and Axis Security for operations of a COVID-19 motel-based non-congregate emergency homeless shelter for persons experiencing unsheltered homelessness and at significant risk of contracting COVID-19 because of age and/or underlying chronic health concerns. - Sixty-four (64) people (couples, families occupying some rooms) are currently in shelter and will continue to achieve the public health objective of prevention of COVID-19 among the community’s unsheltered homeless population. - The incidence of confirmed COVID-19 cases continues to rise, posing ongoing risk to people experiencing homelessness. - To avoid any lapse in service to this population, it is necessary to execute the contract amendments prior to August 8th to continue the agreements. - A transitional exit strategy for those in the shelter is currently being planned. - The existing agreements with the vendors allow for extensions to continue operations but additional funding is necessary. - The additional budget needed for these contracts is included in a separate budget amendment agenda item that is also on Council’s July 28th agenda.  Committee(s): - None Pro(s): - Continues the successful operation of the existing expanded COVID-19 homeless shelter. - Allows for additional time to effect housing placement for shelter occupants. - Addresses public health and safety. - Non-congregate motel shelter, essential operations, and security costs are eligible for FEMA reimbursement. Con(s): - None. Fiscal Impact: - The additional contract funding requested as part of this Council action includes: $150,000 for Homeward Bound to operate the shelter and $366,048 for Red Roof Inn (includes allocation for month 3 of existing operations). - The full budget for shelter operations through November 8, 2020, including expenses incurred while at the Harrah’s Cherokee Center (HCCA), is $1.6 million. Motion(s): - Motion to adopt a resolution to authorize the City Manager’s execution of new services contracts with Homeward Bound of Western North Carolina, Red Roof Inn incorporated, and Axis Security for shelter rooms, essential operations, and security for up to 90 additional days commencing on August 8, 2020.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-07-28","mt":"regular","id":"II-F","ref":"ORD 4814 / ORD 4815","it":"ordinance","t":"Budget amendments to establish budgets (Ordinance No. 4814 and Ordinance No. 4815)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-07-28","mt":"regular","id":"II-G","ref":"RES 20-133","it":"resolution","t":"Resolution appointing members to the boards and commissions","desc":"Summary: On June 9, 2020, by Resolution No. 20-116, City Council adopted a joint resolution with the Buncombe County Board of Commissioners to appoint a joint task force consisting of not more than 12 members whose appointments will be made in equal numbers by the two governing boards. The task force shall, within three months of all appointments being made, provide a report to the City Council and County Commissioners with a recommendation regarding the removal and/or repurposing of the Vance Monument. Once the report is presented, the task force shall perform such other duties as requested by the governing bodies. When no further action is requested, the task force shall dissolve. The following individuals applied for a City seat: Savannah Michelle Gibson, Dave Perkins, Curry First, James Greene, Richard E. Nantelle III, Ron Laboray, Elias Varn, Robert Stetson, David R. Hillier, Jessie Landl, Lawrence Gilliam, Ben Scales, Auburn Petty, Pepi Acebo, George Sieburg, Steven C. Rasmussen, David E. Bendel, Colgate Darden, Mark Mickey, Daniel Smith, Josh Carroll, William Scott Whitley, Ann Brown, David Taylor, Jim Samsel, Philip Hawkins, Kelsey Buckner, Ryan Sweeney, Christopher Keiser-Liontree, S. Antanette Mosley, Jim Tebay, Tisha Dickson, Alicia D. Nichols, Leslie McCullough Casse, Cecilia Smith, Edwin Williamson, Charlie Muehl, Hanna Zahory, Shirley Walker Whitesides, Floyd Dupree, Takira Rose, Evan Richardson, Dennis R. Campbell, Will Hall, Robbie Sweetser, Amy Gerald, Edie Weichert, Jennifer Borrell Bayer, Eleanor Ivy Campbell, Craig Armstrong, Courtley Garcia, Tim Keenan, Melanie B. Arrowood, Christopher “Kipper” Schauer, Chip Howell, George Stevens Jr., Joseph Shuler, Peggy Gardner, Laura Linneman, Michael Wiezman, John W. Ellis, Bernard V. Oliphant, Aryel Vance, Grady Wilson, David Avigdor, Joshua Clark, Roger Dean Sharpe, Fred Northup, Peter Billingsley, Lara Diblasio, Kate Pett, Julia Dorn, Lyndsey Crumbley, Pearson Ripley, Emily Dresback, Edward Martin, Gary Zahler, John T. Schlotterbeck, Dena Rappaport, William McBee, John Vigeland, James C. Drake, Rachel Dudasik, Robert F. Wilson, Betty Lawrence, Sharon Fahrer, Karen Marie Foster, Deborah Miles, Mary Monaghan, Vanessa Nowik, Jake Farrar, Harold Littleton, Mort Stein, Oralene Simmons, Carleton Collins, Marc Mullinax, Carol M. Anders, David Gwaltney, Michael McDonough, Samuel Lee Quick Jr., Andrew Fletcher, Natalie Kramer-Shaw, Noel Nickle, Kelly Prime, Ken Richards and Lary Holt. Mayor Manheimer explained the process used by City Council to arrive at these appointments. City Council was sent all applications and they in turn rated their top eight choices - with the two lowest ranking individuals being alternates. After tallying, Antanette Mosley, Deborah Miles, Bernard Oliphant, Savannah Gibson, Oralene Simmons, and Shirley Whitesides were appointed as City appointments to the Vance Monument Task Force; and Lawrence Gilliam and Ben Scales being alternates.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-07-28","mt":"regular","id":"IV-A","ref":"ORD 4816","it":"ordinance","t":"Ordinance to rezone property located at Courtland Avenue, Woodside Place, and Gudger Street from Urban Village to RS-8 Residential","desc":"Mayor Manheimer said that this public hearing was held on July 14, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2020-07-28","mt":"regular","id":"V-A","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to a previously approved conditional zoning (continued/recessed)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an amendment to a previously approved conditional zoning at 137 Broad Street from Community Business I to Community Business I/Conditional Zone to include an adjacent parcel for the construction of a new mixed-use building. This public hearing was advertised on April 3 and 10, 2020. On April 14, 2020, City Council continued the public hearing until May 12, 2020. On May 12, 2020, City Council continued the public hearing until May 26, 2020. On May 26, 2020, City Council continued the public hearing until this date. - This two-story building has commercial (office) space on the ground level and three residential units above with surface parking behind the building. - A right-of-way between the two properties was closed as a part of the development process. - This application proposes to shift the internal lot line, resulting in the request being evaluated as an amendment to the previous ordinance to reflect that change and include the new development proposed. - The development parcel is currently zoned CB-I, which allows a mix of uses and up to 40 dwelling units per acre when at least 20 percent of the dwelling units are designated affordable (or up to 20 dwelling units per acre with no affordable housing). The applicant is proposing four units (equals 40 units per acre), one of which will be designated as affordable. - The four residential units are efficiency and one-bedroom configurations, ranging between approximately 460 to 600 square feet in size. - The three-story structure does not exceed 40 feet in height per the UDO definition (48 feet to the peak of the roof) and contains approximately 2,200 square feet of office space on the second floor. - The plan shows utilizing a 14-foot wide shared driveway between the two properties to provide access to the seven proposed parking spaces structured under the building at 137 and to the six surface spaces existing behind 135 Broad Street. - Due to the proximity to downtown and per Section 7-11-2(c)(4) of the UDO, there is no off-street parking requirement for the residential units; the parking proposed meets the requirement for the office use. - The sidewalk will be rebuilt to match the existing six foot, back-of-curb configuration that is in place along Broad Street (which requires a condition as this is not the City’s standard). - Minimal landscaping is required for this project with just two street trees and parking deck screening required. Open space is not required due to the small size of the lot. - The development parcel falls within the Charlotte Street Transition Overlay District (Section 7-9-10 of the UDO) which has specific design standards; the project appears to have the ability to comply with the applicable standards such as roof pitch, materials (brick and stucco) and residential-styled forms. - The project includes the following conditions (and as otherwise noted in the B.1 Conditions): - The applicant has offered to dedicate 25% of the residential units (one unit) as affordable at 80% area median income (AMI) for a period of 10 years. - There will be shared access following the driveway as shown on plans. - The sidewalk will follow the existing development pattern of six foot back-of-curb. - The parking spaces will be allowed to be used by the residential units during off-business hours. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that the development site is within the area designated as Traditional Corridor in the Future Land Use map, which anticipates a mix of uses at a variety of scales. - Increasing the housing supply, especially in a walkable and transit-supportive location is a primary goal of the Resilient Economy section of the plan. - Additionally, the inclusion of affordable housing is a goal of the plan in multiple areas. Other Plan Considerations: - The 2020 Bowen Regional Housing Needs Assessment notes that there is a very low vacancy rate in “non-conventional rental housing” (meaning four or less units within one building) resulting in a high demand for the type of housing proposed in this project; the  need for housing for individuals and seniors seeking small units is projected to have the largest growth. - The updated assessment still notes a high need for very affordable housing but also indicates a high need for moderate market rate housing, especially in these unit sizes. Compatibility Analysis: - The proposal for a mixed-use building is aligned with the existing zoning and other uses along the Charlotte Street corridor where there are both residential and commercial uses in a variety of structures in terms of height and massing and complies with applicable design standards in the Charlotte Street Overlay. - Additionally, the Charlotte Street Road Diet and Spot Safety Improvement project is currently under construction with the goal of improving mobility and access to multiple modes of transportation. - Parking is provided on-site for the office use and is visually integrated into the structure rather than a surface lot. The applicant agreed to a condition that will allow for residential use of the parking spaces during off-business hours. - Because of the proximity to downtown, no off-street parking is technically required for residential uses in this location, however, the proposal does increase the residential density by 300% in an area that has higher densities already which can result in a greater demand for limited on-street parking. - The proposed structure would be taller than any nearby building but at three stories and 40 feet (per UDO height definition), it will be within the height allowed in all surrounding zoning districts.  Committee(s): - Technical Review Committee (TRC) - February 3, 2020 - approved with conditions - Planning & Zoning Commission - March 4, 2020 - recommended approval (6-0) Staff Recommendation: - Staff recommends approval of this project and finds that the mixed use development and higher residential density is compatible with the goals of the zoning district and the Living Asheville Comprehensive Plan in numerous ways as noted in the report. - The small size of the residential units is aligned with needs identified in the most recent Bowen report and the offer of an affordable unit is a benefit for the needs of the community. Mayor Manheimer opened the public hearing at 6:27 p.m. Ms. Ruth Smith was opposed to this conditional zoning as it will affect property values and increase traffic. Ms. Ashley Cooper and Mr. Ben Spencer felt that the City Council should think about reparations when making their decisions of new expansions or changes to neighborhoods. Ms. Kate Fisher, resident on Madison Avenue, said the same developer built 135 Broad was conditioned to put in residential units; however, they have not been rented. She asked that this project, if approved, be conditioned that the developer must rent the residential units.  Mr. Mike Derrig, representing the owner, said that the developer will lease parking spaces to minimize any parking impact on the site. The building size and use of mixed-use is what the zoning ordinance allows. In response to Councilwoman Mayfield, City Attorney Branham said that with regard to zoning, the City is allowed to place zoning restrictions on the use of property, but not to control the ownership of the property. City Council can only preclude them from using the residential portion for commercial use but we force people to live in the residential portion. In response to Councilwoman Mayfield, Ms. Tuch said to the best of her knowledge, the City ever owned this parcel of land. She also noted that the Planning & Zoning Commission has scheduled at their September meeting some conversation regarding what does a reparation lens look like in terms of land rezonings, etc.. Mr. Derrig said that the owner of 135 Broad Street finished the interior of the residential units in January and had planned to show and rent those as furnished apartments. However, the pandemic started and the issue of showing the units was put on hold. The owner does plan to rent them as soon as he is comfortable in having the units shown. In accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":9},{"d":"2020-07-28","mt":"regular","id":"V-B","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Young","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2020-07-28","mt":"regular","id":"V-C","ref":"","it":"public_hearing","t":"Public hearing to solicit comments for the Community Development Block Grant funds (recessed)","desc":"Community Development Director Paul D’Angelo said that this is the consideration of a resolution authorizing submission of the Community Development Block Grant and HOME Investment Partnership Act funds Annual Action Plan for Fiscal Year 2020-21 to the U.S. Dept. of Housing & Urban Development. This public hearing was advertised on May 29 and June 5, 2020.  Background: - The City will have approximately $1,121,092 in CDBG funds and $1,378,014 in HOME funds available for the fiscal year beginning July 1, 2020. Community Development Staff, in coordination with the Housing & Community Development (HCD) Committee, has made recommendations for the use of CDBG funds, which must be used in housing & community development programs within the City of Asheville. Partner Agencies & Programs that will be assisted, if approved - - CARING for Children-Trinity Place Runaway and Homeless Youth Shelter - Helpmate, Inc-Emergency Shelter for Domestic Violence Survivors - Homeward Bound of Western North Carolina-AHOPE Coordinated Entry - OnTrack Financial Education & Counseling-Financial Capabilities Program - YWCA of Asheville and Western North Carolina-Empowerment Child Care - Pisgah Legal Services-Homelessness Prevention Project - Homeward Bound-Housing Services - Asheville Area Habitat for Humanity-Home Repair-Low Income Homeowners - Mountain Housing Opportunity - Emergency Home Repair - Mountain BizWorks-Opportunity Asheville - Carolina Small Business Development Fund-Opportunity Asheville - Eagle Market Streets Development Corporation IDA for Small Business - The SPARC Foundation-Changing Together - The Asheville Regional Housing Consortium Board has recommended uses for HOME funds, which must be used for housing programs within the four-county Consortium area (Buncombe, Henderson, Madison, and Transylvania counties). Partner Agencies & Programs and Builds that will be assisted, if approved - - Community Housing Coalition Madison County-Rural Rehabilitation - Workforce Homestead-Falling Waters - WDT Development-The Villas at Swannanoa - WDT Development-White Pine Villas - Housing Authority of the City of Asheville-TBRA Resident Mobility - Homeward Bound of Western North Carolina-TBRA Asheville - Homeward Bound of Western North Carolina-TBRA Buncombe - Eliada Homes-Homeless Services Program - Funds are awarded based on HUD CDBG & HOME guidelines as well as the Priorities listed in the City’s 5 Year Consolidated Plan. A new 5 Year Consolidated Plan, that will include this 20/21 Action Plan, is expected to come before Council on August 28, 2020, for approval.  Committee(s): - Asheville Regional Housing Consortium Board - May 26, 2020 - Housing & Community Development Committee - July 21, 2020 Pro(s): - Approval of the Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. Con(s): - It is not possible to fund all of the applications received, and many agencies funded will receive less than the amounts requested. Fiscal Impact: - The Action Plan is fully funded from federal CDBG & HOME entitlement grants, unused funds from previous completed projects, and estimated program income. - Staff costs to administer the program are also fully paid from federal sources. - The funded programs will provide new construction and other economic activity in the City and the region, creating and sustaining employment and impacting moderate and low income communities. Mayor Manheimer opened the public hearing at 6:59 p.m. Ms. Kim Roney spoke in support of these allocations. In accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Housing","mo":"public_hearing","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":11},{"d":"2020-07-28","mt":"regular","id":"V-D","ref":"","it":"public_hearing","t":"Public hearing to consider conditionally rezoning property (recessed)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally rezone property located at 61 Innovation Drive from Commercial Industrial District to Institutional District/Conditional Zone, along with a change in the Future Land Use Map from Industrial/Manufacturing to Employment/Anchor Institution Center. This public hearing was advertised on July 3 and 10, 2020. Project Location and Contacts: - The project site consists of a single parcel located at 61 Innovation Drive (PIN 9627-01-2917) - Owner / Petitioner: Franklin School of Innovation; Contact: Bryan Moffitt Summary of Petition: - The site is currently the location of the Franklin School of Innovation, which has been constructed in phases beginning with a Level I in 2015 (15-09144) and most recently reviewed and permitted as a Level II project in 2018 (18-01129 PZ). - The third and final phase of construction is anticipated to be completed by 2025 and will total approximately 78,000 square feet of permanent building space, 140 parking spaces, and other facilities common to schools. - The primary purpose of the conditional zoning request is to change the zoning classification in order to allow the use of temporary, factory fabricated classroom buildings on the subject site beyond the five year limit per Section 7-14-2(e)1 of the UDO (Unified Development Ordinance). - Landscaping compliance was reviewed during the 2018 Level II review and included street trees along Sardis Road, parking lot landscaping and building impact landscaping as shown on plans. 2.17 acres of open space is provided on the site, exceeding the 15% requirement for the zoning district. Eight street trees were required and were initially provided; however, two trees were removed by Duke Energy for utility conflict as part of the widening of Sardis Road. - Through this conditional zoning, the project is seeking a modification from the following zoning requirements (and further detailed in the exhibit B.1 conditions): - Temporary factory fabricated school buildings will be permitted on the site. - Six street trees (rather than eight as required) will be maintained in the location  as shown on plans, behind the sidewalk approximately 20 feet from the street and outside of the utility easement. - The applicant will voluntarily provide a greenway easement along the Hominy Creek at the rear of the site to help meet city adopted goals and plans (also detailed in the exhibit B.1 conditions). Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that the project provides sidewalks along Sardis Road as well as commits to the future greenway along the rear of the site, directly adding to goals throughout the Livable Built Environment section of the Plan to increase walkability and multi-modal transportation options. - Supporting schools and educational institutions is highly recommended throughout the Plan, notably in the Resilient Economy section. Linking schools to greenways is specifically highlighted in several sections of the Plan. - While the request does necessitate a change to the Future Land Use Map as it is currently categorized as Industrial / Manufacturing, the Preferred Growth Scenario Map identifies areas for the the Employment / Anchor Institution use in the Candler area, not far from this site, and it is the category that is most appropriate for a large parcel with an educational use. - Additionally, the underlying Commercial Industrial (CI) zoning is stated as an appropriate zoning district for the Employment / Anchor Institution category (pp. 342-3). Compatibility Analysis: - Commercial Industrial zoning is adjacent on both sides and parcels across Sardis Road are zoned Industrial, however there are a variety of uses in the vicinity including commercial uses along Sardis Road and multi-family residential in multiple directions as well. The Enka Intermediate School (Buncombe County) is less than a mile away from this site. The nature of the area is mixed between residential, commercial and industrial. The school use was allowed in the underlying zoning and is considered to be compatible with the surrounding uses.  Committee(s): - Technical Review Committee (TRC) - June 15, 2020 - approved with conditions - Planning & Zoning Commission - July 1, 2020 - recommended approval (7-0) Staff Recommendation: - Staff recommends approval of this request with the conditions and finds that the use of temporary buildings until full build-out is able to be achieved is acceptable. Mayor Manheimer opened the public hearing at 7:09 p.m., and received no comments. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":12},{"d":"2020-07-28","mt":"regular","id":"V-E","ref":"","it":"public_hearing","t":"Public hearing regarding the FY 2020-21 budget (recessed to July 30, 2020)","desc":"Assistant Finance Director Tony McDowell said that this is the public hearing on the City of Asheville Fiscal Year 2020-21 Annual Operating Budget and inclusion of public input in City Council’s consideration of the budget. This public hearing was advertised on July 17, 2020. Background: - The Fiscal Year (FY) 2020-21 Proposed Annual Operating Budget was presented to City Council on May 26, 2020. In accordance with the North Carolina Local Government Budget and Fiscal Control Act, a summary of the Proposed Budget along with a notice of the Public Hearing was published on May 29, 2020. - Following presentation of the FY 2020-21 Proposed Budget, the City decided that adopting an interim budget would allow time to plan a public engagement process around reallocating resources to address equity, social disparity, and policing concerns voiced by the community. - At its June 23, 2020, meeting, City Council adopted a one month interim budget pursuant to North Carolina General Statute §159-16, and the Public Hearing originally scheduled for June 9, 2020 was rescheduled for July 28, 2020. A notice for the second Public Hearing was published on July 17, 2020. - Per NC General Statutes, the City cannot adopt the annual property tax rate with an interim budget. The property tax rate can only be adopted as part of the annual budget ordinance and must be adopted by August 1. - The annual budget ordinance that staff has prepared for Council consideration includes adoption of the annual property tax rate and full annual budgets at the fund level. The Proposed Budget is balanced with an ad valorem tax rate of $0.4289 per $100 of assessed value, which is unchanged from the current rate. - Per Council’s direction, each General and Enterprise Fund operating department will only receive funding in its budget for operations through the end of September with the remaining budget being held in reserve in a non-departmental account while the City Manager’s Office completes the community engagement process to determine investments in the Asheville Police Department, other City departments, and various community programs. - At City Council’s September 22, 2020, meeting, the City Manager will present a budget amendment that will reflect input received during the public engagement effort and provide all departments with additional budget authority for the remainder of fiscal year 2020-21. - The Proposed General Fund Budget includes four minor additions that were not part of the May 26, 2020 Proposed Budget: - $49,225 in revenues and expenses associated with the purchase and disposition of property near Coxe Avenue and Federal Alley, which was approved at City Council’s June 9, 2020 meeting. - $100,000 for short-term COVID-19 expenses that may occur prior to the end of September. The City expects to receive additional Coronavirus Relief Funds (CRF) from Buncombe County to offset these expenses. Staff will return to Council with a budget amendment once the full amount of CRF funding is known. - $50,000 in City Manager’s contingency for potential costs associated with the community engagement process currently underway. - $7,000 in the Aston Park Tennis Center budget from funding provided by a United States Tennis Association (USTA) Facility Recovery Grant and a Southern Cares Facility Initiative Grant.  Pro(s): - Ensures City’s compliance with North Carolina General Statutes that require local governments to adopt a balanced budget ordinance and establish a property tax rate by August 1 of each year. - The budget is balanced with no increase in the property tax rate or any City fees and all essential City services are continued. - Provides the City Manager with time to conduct a public engagement process to gather community input on investments in the Asheville Police Department, other City departments, and various community programs. Cons: - Requires departments to operate with only three months of budget funding until the end of September. - Staff will be required to bring a budget amendment to City Council in late September to fully fund departmental operations for the entire fiscal year. Fiscal Impact: - As noted above, the Proposed FY 2020-21 General Fund budget is balanced with an ad valorem tax rate of $0.4289 per $100 of assessed value, which is unchanged from the current rate. - The Proposed General Fund budget includes a $1.6 million appropriation from fund balance. Based on current estimates, staff expects unassigned fund balance to be between 13% and 15% of expenses at the end of FY 2020-21. Mr. McDowell gave an overview of (1) where we have been and where we are going with the budget process; (2) details on the 3-month budget proposed for adoption in July 30; and (3) next steps after July 30 with community engagement and the budget. Key takeaways include (1) operating in a time of unprecedented financial, organizational, and community uncertainty; (2) per Council’s direction, the July 30 budget will provide departments with 3 months of funding to continue current operations; and (3) September 22 budget amendment based on community input will fund the remainder of FY 21. The financial update includes (1) COVID-19 continues to create major financial uncertainty; (2) fund balance will likely be needed to cover operating costs in both FY 20 and FY 21; and (3) continued federal and state financial assistance will be essential for maintaining operations. On June 9, Council postponed the budget public hearing; and on June 23 Council (1) approved an ordinance for interim budget appropriations from July 1, 2020 to July 31, 2020; and (2) directed staff to prepare an annual budget with 3 months of funding for departments. Regarding the interim budget per N.C. General Statutes, (1) the interim budget does not allow for any new spending or capital projects, nor does it authorize establishment of the FY 2020-21 property tax rate; (2) the property tax rate can only be adopted as part of the annual budget ordinance and must be adopted by August 1; and (3) there are no alternative provisions for adopting the tax rate with an interim budget. On July 28, Council will receive public comment on the annual budget; and on July 30, Council will adopt the annual budget with only 3 months of funding allocated to departments and programs. The 3-month budgets includes funding for departments to meet spending and contractual obligations through the end of September - annual contracts for items such as transit service,  recycling, and radio maintenance are fully budgeted. Other routine expenses are budgeted at 25%. Mr. McDowell then showed a slide showing the fund, 3-month and total budget for the General Fund and each enterprise fund. In July-September, there will be community engagement and input. On September 22, a budget amendment will be presented to Council to allocate funds to departments for the full fiscal year. In response to Councilman Kapoor, Mr. McDowell said that budget amendments can happen at any time during the year. He said that if Council cannot agree on a budget at the September 22 meeting, staff will have to amend the budget to provide the departments with more funding, which Council will have to approve and let staff know how many more additional months of funding. When Vice-Mayor Wisler asked what would happen if Council doesn’t have the majority vote in September to move the budget forward, will we have to stop operating and furlough employees? Mr. McDowell said that we have never operated in that kind of environment before and we would have to explore our options. Councilwoman Mayfield stressed that on July 30 we will be adopting a full year’s budget but only allocating 3 months of funds to departments. Mr. McDowell said that the balance of the budget will be sitting in the non-departmental account waiting to be allocated. If we vote on a month by month allocation, that might impact our bond rating and it would also create challenges for us with contracts. Mayor Manheimer said that our fiscal year starts on July 1 and we have a statutory obligation to adopt a tax rate by August 1. To be clear, we are talking about adoption of a full year’s budget, but only allocating the funds for the next 3 months. She is concerned that there is a community expectation that it will be possible to radically change what and how we are doing policing by September 22. She hears that the City Manager feels it may be possible to come up with some movement in that direction, but not cutting the Police Department without a plan in place. Other than the concerns expressed about the police budget, she doesn’t hear any concerns about not fully funding the other departments. Councilman Haynes said that during Council check-ins he informed the City Manager that unless the City’s hiring freeze was extended to the Police Department and that was made as part of the budget, he would not be supportive of the budget. In response to Councilwoman Mayfield, City Manager Campbell said that the Police Department is not included in the hiring freeze because we have critical positions that from a community safety standpoint, we need to make sure that positions are filled until we decide those positions are no longer needed. We are not adding to the position count. If there is a position that we feel is not essential in terms of providing community safety response time or addressing those kinds of things, when we will consider not filling those over the next 3 months until there has been community dialogue. Mayor Manheimer opened the public comment at 7:50 p.m. From advanced live call-ins, individuals spoke to Council on several items, including, but not limited to: defund the Asheville Police Department (APD) by at least 50%; demand at least 50% of the APD’s budget be invested in long-term safety strategies including supporting Black startups/business, eliminating the racial opportunity gap in Asheville City Schools; implement Police Department hiring freeze; disappointment in limiting public comment on the budget to 2 minutes; need for financial investments for reparations to Black community; sales tax revenue  decline; more police does not mean a safer community; demilitarize the APD; ban the use of tear gas; and total support of Black Asheville demands. Mayor Manheimer said that City Council will need to recess this meeting until July 30 in order to adopt the budget. She explained that legislation that applies to virtual meetings does not allow Council to vote on public hearing items the same day as the actual hearing. Therefore, Council will recess the meeting for two days and then vote on the public hearing items, including the budget. When the items come back for vote on July 30, there will be no further public comment. Councilman Kapoor supported a full year allocation with support for taking a deep dive into looking at the Police budget. He felt that we will be putting ourselves and staff at an unnecessary risk to not allocate funding for an entire year when Council has the ability to amend the budget anytime they wish. He agrees that we will not be able to make significant operational cuts to the Police budget in three months and there are other big issues City Council is dealing with, some being reparations, removal of monuments, hotel moratorium, his replacement on City Council, etc. He felt if Council passes a full year’s budget, they will be able to focus on some of the other large issues facing Council, including the Police Department’s budget. Mayor Manheimer said we, as a Council, and City Manager Campbell have tried hard to figure out how to engage the community to meet the demands we are hearing. She didn’t want to drive the expectation that before the end of September we will defund the Police Department without having a plan for replacement services. She felt we should adopt the full year’s budget but continue to follow through with the process the City Manager has set out to engage the community to transform policing in Asheville. Then City Council can make the appropriate budget amendment, which may be a reduction in the Police budget or an increase in funding in other areas. Vice-Mayor Wisler also supported adopting the full year’s budget and supported reimagining public safety in Asheville. She believed that there are other agencies that can perform some of the duties or maybe some of the duties no one should be doing. As soon as we find areas that make sense to change we can amend the budget. She did not want to get to the end of September and not be able to have consensus on the budget. Councilman Haynes was concerned that we just held the budget public hearing on adopting the full year’s budget and allocating a three-month allocation with no additional public comment being accepted. Mayor Manheimer explained that the public hearing was on adoption of the full year’s budget. This is just the next layer down on how do we allocate the funding. Councilman Young heard the concerns of Council, but he didn’t share them. He believed we can press forward and tackle the challenges ahead of us. Councilwoman Smith felt this is a time we have to work in harmony and we will overcome our challenges. Councilwoman Mayfield said that we are committed to moving forward with change, but she was not sure how long it will take us to get there, since there will be a lot of community engagement and community partners to work with. She suggested an option that all departments receive their 12-month allocation except for the Police Department, which will only receive a 3-month allocation.  In response to Councilwoman Mayfield’s option, Councilman Young felt that change in the process should include more public input. Councilman Kapoor did not support that option either, but for the reason he felt Council will be just kicking the can down the road. City Manager Campbell said that she will come back on July 30 with three budget options: (1) full year allocation to all City departments, except the Police Department who will only be allocated for 3 months; (2) all City departments be allocated 3 months; and (3) a full year funding for all City departments. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mayfield","sec":"Kapoor","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":13},{"d":"2020-07-28","mt":"regular","id":"VII-recess","ref":"","it":"motion","t":"Motion to recess the meeting until Thursday, July 30, 2020, at 5:00 p.m.","desc":"","c":"Administrative","mo":"procedural","mv":"Kapoor","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":14},{"d":"2020-07-30","mt":"regular","id":"VI-A","ref":"ORD 4817","it":"ordinance","t":"Ordinance to amend a previously approved conditional zoning at 137 Broad Street to include an adjacent parcel for construction of a new mixed-use building","desc":"Mayor Manheimer said that this public hearing was held on July 28, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mayfield","sec":"Kapoor","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":0},{"d":"2020-07-30","mt":"regular","id":"VI-B","ref":"RES 20-134","it":"resolution","t":"Resolution authorizing submission of the Consolidated Annual Action Plan","desc":"Mayor Manheimer said that this public hearing was held on July 28, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Mayfield","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":1},{"d":"2020-07-30","mt":"regular","id":"VI-C","ref":"ORD 4818","it":"ordinance","t":"Ordinance to conditionally rezone property located at 61 Innovation Drive from Commercial Industrial District to Institutional District/Conditional Zone","desc":"Mayor Manheimer said that this public hearing was held on July 28, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Kapoor","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":2},{"d":"2020-07-30","mt":"regular","id":"VI-D","ref":"ORD 4819","it":"ordinance","t":"Ordinance adopting the FY 2020-21 Annual Operating Budget that provides 3-months funding for all City departments","desc":"Mayor Manheimer said that this public hearing was held on July 28, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After receiving additional written public comment, Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Budget & Finance","mo":"individual","mv":"Young","sec":"Mayfield","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":1,"mr":"contested vote","sq":3},{"d":"2020-07-30","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session (privileged/confidential information; real property acquisition negotiations)","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":4},{"d":"2020-07-30","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Kapoor","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1RgvNMupBoZ7mKE2vVk6xNyvTCnP37aLw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":5},{"d":"2020-08-25","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on July (consent item)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-08-25","mt":"regular","id":"II-B","ref":"RES 20-135","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement with Buncombe County regarding construction of sidewalks on New Leicester Highway","desc":"Background: - The City of Asheville is in the midst of planning for a project to add sidewalks and pedestrian crossings on New Leicester Highway from Patton Avenue to Old County Home Road. - In order to complete the network of sidewalks in the area, the City proposes to extend sidewalk construction approximately 600 feet outside City limits into Buncombe County jurisdiction to join with the existing sidewalk. - The City will fund and manage construction of the new sidewalk. The Interlocal Agreement stipulates that the maintenance of sidewalks and associated improvements installed as part of the Project will be the responsibility of the County and City within their respective jurisdictions. - The Project is funded through a federal grant, administered through NCDOT, with matching funds provided by the City. - The current hold on funding due to budget challenges with NCDOT make the schedule for the project undetermined at this time. Once started, construction is anticipated to last approximately 12 months. Vendor Outreach Efforts: None, as this is an interlocal agreement with Buncombe County, there is no other option for who we are entering the agreement with.  Committee(s): - None Pro(s): - Construction of sidewalks that will meet City and all other applicable construction standards - Improve mobility and safety on local streets - Adhere to federal guidance and project funding Con(s): - Construction will be disruptive to adjacent residences and businesses Fiscal Impact: - Funding for the sidewalk project is already included in the adopted Capital Improvement Program(CIP), with federal funding of approximately $2.5 million and City matching funds of $726,000. The Interlocal Agreement does not impact the project funding.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-08-25","mt":"regular","id":"II-C","ref":"ORD 4820","it":"ordinance","t":"Ordinance changing the posted speed limit along several streets within the City of Asheville","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits. - City staff received requests from the public to consider changes to the speed limits. - City staff performed appropriate traffic-engineering studies along the various streets. - Staff brings speed limit changes to City Council on a quarterly cycle in an effort to improve the efficiency of the approval process. - Staff recommends that the speed limit on the following streets be changed from 35 mph to 20 miles per hour: - Balm Grove Place, from Balm Grove Avenue to Martin Avenue - Georgia Street, from Craven Street to Reynolds Road - London Road, from US 25A (Sweeten Creek Road) to Belvedere Road - Westview Road, from NC 694 (Town Mountain Road) to Oak Park Road - Windswept Drive, from College Street to Alexander Drive - Staff recommends that the speed limit on the following streets be changed from 30 mph and 35 mph to 25 miles per hour: - Alabama Avenue, from Hanover Street to Swannanoa Avenue - Baker Avenue, from US 19-23 Business (Haywood Road) to Burton Street - Bideford Row, from a point 725 feet north of Tiverton Lane to a point 500 feet south of Tiverton Lane - Blake Mountain Circle, from Galloway Drive to a point 400 feet east of Galloway Drive - Blakewood Court, from Galloway Drive to a point 250 feet north of Galloway Drive - Clay Street, from Kendall Street to Baker Avenue - Clovelly Way, from US 25 (Hendersonville Road) to a point 340 feet north of Tiverton Lane - Deanwood Circle, from US 25 (Hendersonville Road) to a point 660 feet east of Caribou Road - Forest Lake Drive, from Rock Hill Road to Forest Lake Drive - Forestdale Drive, from US 25 (Hendersonville Road) to a point 665 feet east of Caribou Road - Galloway Drive, from Westridge Drive to a point 680 feet south of Blake Mountain Circle - Glen Woods Court, from Forest Lake Drive to a point 230 feet east of Forest Lake Drive - Goldfinch Lane, from Forest Lake Drive to a point 150 east of Forest Lake Drive - Griffing Circle, from Maplewood Road to South Griffing Boulevard - Indiana Avenue, from Hanover Street to Swannanoa Avenue - Innsbrook Road, from Grovewood Road to Old Toll Road - Kingbird Lane, from Forest Lake Drive to a point 160 feet south of Forest Lake Drive - Long Street, from East Larchmont Road to Edgewood Road - Maplewood Parkway, from Maplewood Road to Northwood Road - Maplewood Road, from South Griffing Boulevard to Grovewood Road - Martin Avenue, from US 19-23 Business (Haywood Road) to Clay Street - Meadow Lake Road, from Forest Lake Drive to a point 960 feet south of Forest Lake Drive - Melody Lane, from Fairview Road to a point 990 feet north of Fairview Road - North Liberty Street, from East Chestnut Street to Hillside Street - Northview Street, from West Street to Forsythe Street - Northwood Road, from Woodcrest Road to a point 480 feet north of Maplewood Parkway - Oak Hill Circle, from Oak Hill Drive to Oak Hill Drive - Oak Hill Drive, from NC 63 (New Leicester Highway) to Hazel Mill Road - Oakwilde Drive, from Briarcliff Drive to a point 650 feet east of Stancliff Drive - Rock Hill Road Extension, from Rock Hill Road to Miller Lane - South Liberty Street, from East Chestnut Street to Elm Street - Sawmill Road, from Forest Lake Drive to a point 360 feet south of Forest Lake Drive - Simpson Hollow Road, from Forest Lake Drive to a point 600 feet north of Forest Lake Drive - Sumner Place, from Grovewood Road to Grovewood Road - Tiverton Lane, from Clovelly Lane to a point 225 feet north of Bideford Row - Woodcrest Place, from Woodcrest Road to a point 170 feet west of Woodcrest Road - Woodcrest Road, from Maplewood Parkway to Old Toll Road - Staff recommends that the speed limit on the following street will be changed from 35 miles per hour to 30 miles per hour: - Ralph Street, from Bartlett Street to South French Broad Avenue  Committee(s): - None Pro(s): - City staff has been able to respond favorably to public requests. - The new speed limits will be consistent with streets of similar characteristics and design. - Drivers should adhere to the recommended speed limits on these streets. - The new speed limits will provide enhanced safety to all users. Con(s): - None Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the operating budget. Suggested Motion: - Motion to approve an ordinance enacting (1) a 20 mph speed limit on Balm Grove Place, from Balm Grove Avenue to Martin Avenue, Georgia Street, from Craven Street to Reynolds Road, London Road, from Sweeten Creek Road (US 25) to Belvedere Road, Westview Road, from NC 694 (Town Mountain Road) to Oak Park Road, Windswept Drive, from College Street to Alexander Drive; and (2) a 25 mph speed limit on Alabama Avenue, from Hanover Street to Swannanoa Avenue, Baker Avenue, from US 19-23 Business (Haywood Road) to Burton Street, Bideford Row, from a point 725 feet north of Tiverton Lane to a point 500 feet south of Tiverton Lane, Blake Mountain Circle, from Galloway Drive to a point 400 feet east of Galloway Drive, Blakewood Court, from Galloway Drive to a point 250 feet north of Galloway Drive, Clay Street, from Kendall Street to Baker Avenue, Clovelly Way, from US 25 (Hendersonville Rd) toa point 340 feet north of Tiverton Ln, Deanwood Circle, from US 25 (Hendersonville Rd) to a point 660 feet east of Caribou Road, Forest Lake Drive, from Rock Hill Road to Forest Lake Drive, Forestdale Drive, from US 25 (Hendersonville Rd) to a point 655 feet east of Caribou Road, Galloway Drive, from Westridge Drive to a point 680 feet south of Blake Mountain Circle, Glen Woods Court, from Forest Lake Drive to a point 230 feet east of Forest Lake Drive, Goldfinch Lane, from Forest Lake Drive to a point 150 feet east of Forest Lake Drive, Griffing Circle, from Maplewood Road to South Griffing Boulevard, Indiana Avenue, from Hanover Street to Swannanoa Avenue, Innsbrook Road, from Grovewood Road to Old Toll Road, Kingbird Lane, from Forest Lake Drive to a point 160 feet south of Forest Lake Drive, Long Street, from East Larchmont Road to Edgewood Road, Maplewood Parkway, from Maplewood Road to Northwood Road, Maplewood Road, from South Griffing Boulevard to Grovewood Road, Martin Avenue, from US 19-23 Business (Haywood Road) to Clay Street, Meadow Lake Road, from Forest Lake Drive toa point 960 feet South of Forest Lake Drive, Melody Lane, from Fairview Road to a point 990 feet north of Fairview Road, North Liberty Street, from East Chestnut Street to Hillside Street, Northview Street, from West Street to Forsythe Street, Northwood Road, from Woodcrest Road to a point 480 feet north of Maplewood Parkway, Oak Hill Circle, from Oak Hill Drive to Oak Hill Drive, Oak Hill Drive, from NC 63 (New Leicester Highway) to Hazel Mill Road, Oakwilde Drive, from Briarcliff Drive to a point 650 feet east of Stancliff Drive, Rock Hill Road Extension, from Rock Hill Road to Miller Lane, South Liberty Street, from East Chestnut Street to Elm Street, Sawmill Road, from Forest Lake Drive to a point 360 feet south of Forest Lake Drive, Simpson Hollow Road, from Forest Lake Drive to a point 600 feet north of Forest Lake Drive, Sumner Place, from  Grovewood Road to Grovewood Road, Tiverton Lane, from Clovelly Way to a point 225 feet north of Bideford Row, Woodcrest Place, from Woodcrest Road to a point 170 feet west of Woodcrest Road, Woodcrest Road, from Maplewood Parkway to Old Toll Road; and (3) a 30 mph speed limit on Ralph Street, from Bartlett Street to South French Broad Avenue.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-08-25","mt":"regular","id":"II-D","ref":"RES 20-136","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with the Green Built Alliance to implement and manage the Blue Horizons Project","desc":"Background: - On January 28, 2020, City Council authorized Resolution 20-18 and created the Blue Horizons Community Council to help achieve the community-wide renewable energy goal. - On January 28, 2020, City Council approved Resolution 20-19 and authorized an interlocal agreement with Buncombe County to issue a joint request for proposals (RFP) to implement and manage the Blue Horizons Project and Blue Horizons Project Community Council. - Buncombe County advertised the RFP on May 6, 2020 and received responses on June 12, 2020. - The County received one response from the Green Built Alliance. - The contract will be one year with the option to amend for an additional two years (annually), pending available budget. Vendor Outreach Efforts: - The Business Inclusion Manager conducted outreach through social media, community and business partners. City and County staff also conducted an optional virtual Q&A meeting - No MWBE firms submitted bids  Committee(s): - None Pro(s): - The Green Built Alliance has been managing and implementing the Blue Horizons Project for the past two years; therefore there will be continuity with the continued program management. - In the two years the Blue Horizons Project has been implemented there has been significant increases in Duke Energy Peak Demand Response and Energy-Efficiency programs resulting in the delay of a natural gas peaker plant unit. - In addition, 350 low-income homes have received energy efficiency upgrades which are estimated to save a combined $55,000 per year and reduce carbon emissions by more than 10,000 tons. - Buncombe County is providing $150,000 for the implementation of the Blue Horizons Project in partnership with the City of Asheville. Con(s): - None identified Fiscal Impact: - The contract will total $100,000 from the FY21 Office of Sustainability budget. Funding is already budgeted and available.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-08-25","mt":"regular","id":"II-E","ref":"ORD 4821","it":"ordinance","t":"Ordinance enacting a through truck prohibition along six streets within the city limits of Asheville","desc":"Background: - The City of Asheville Code of Ordinances Section 19-60 regulates trucks traveling along designated residential streets. - City staff received requests from the public to consider through truck prohibitions on these streets and the proposed revisions are based on traffic-engineering investigations. - Large trucks should not use residential streets as “shortcuts” to avoid traffic on higher classified streets and can have difficulty making necessary maneuvers on residential streets. - There are no destinations along these streets for large trucks. - A truck prohibition will be established on the following streets: - Davenport Place, from Davenport Road to Vermont Court - Davenport Road, from Vermont Avenue to Davenport Place - Enka Orchard Street, from NC 112 (Sand Hill Road) to Enka Pine Street - Keith Drive, from Bingham Road to a point 800 feet northeast of Bingham Road - Oak Hill Drive, from NC 63 (New Leicester Highway) to Hazel Mill Road - Vermont Court, from Davenport Place to Vermont Avenue  Committee(s): - None Pro(s): - Prohibits through trucks from using residential streets. - Keeps through trucks on high classified roadways like state routes. - Eliminates delay to the traveling public. - Reduces potential of trucks entering areas where navigation attempts result in property damage. - Enhances the ability to update commercial truck traffic routes (GPS.gov) to avoid residential communities. - City staff has been able to respond favorably to public requests. Con(s): - None Fiscal Impact: - The cost of installing and maintaining truck prohibition signs is included in the operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-08-25","mt":"regular","id":"II-F","ref":"RES 20-137","it":"resolution","t":"Resolution authorizing the City Manager to purchase two Gillig 30-foot diesel electric hybrid buses","desc":"Background: - In 2018, the City received $5.7 million in Federal grant funds from the French Broad River Metropolitan Planning Organization for the purpose of purchasing new transit buses. - The City match for the grant funds is $1.4 million, which provides a total budget of $7.1 million for bus purchases. - The City has already purchased nine buses using these grant funds. - Two buses were delivered during December, 2019 and the other seven buses will arrive during Spring 2021. - The subject action would enable the City to purchase two more buses using the Rocky Mount, North Carolina consortium contract (CRM 76164). - These two buses are expected to be received within 12-18 months of purchase date. . Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - This action will enable staff to purchase additional buses needed to meet the schedule for timely replacement of buses in the fleet that have met their useful service life, as well as accommodate future system expansion consistent with the Transit Master Plan. - This action ensures compliance with the Federal Transit Administration and the City of Asheville’s procurement policy. Con(s): None Fiscal Impact: - The purchases will be made using a portion of the $5.7 million in grant funds awarded by the French Broad River Metropolitan Planning Organization in 2018. - The City will provide the required 20% matching funds of approximately $288,305. - The grant and the City match are already budgeted in the approved Capital Improvement Program (CIP) and the City’s match is included in the cash flow for the CIP/debt model. The funding including the City’s match ($288,205) is already budgeted.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-08-25","mt":"regular","id":"II-G","ref":"RES 20-138","it":"resolution","t":"Resolution of intent to set a public hearing on September 22, 2020 to close a portion of an unopened right-of-way known as Gayle Street","desc":"Background: - N. C. Gen. Stat. sec 160A-299 grants cities the authority to permanently close streets and alleys. - James Sandusky Paris and Carson Kinlaw Delinger have petitioned for this closure. They are owners of the property listed as 99999 Morse Drive (Pin # 9627-22-9286). - The unopened portion of right-of-way extends into the subject property. - Upon closure, the unopened right of way will become part of the above property. - The plan is for the property to be subdivided. - The closure aides in meeting required setbacks. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future.  Committee(s): - Multimodal Transportation Committee - June 24, 2020 - Recommended closing the right-of-way by unanimous vote Pro(s): - The closure would allow for more efficient use of the existing adjacent property. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-08-25","mt":"regular","id":"II-H","ref":"RES 20-139","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with WeaverCooke Construction for the design-build City Hall Elevator Modernization Project","desc":"Background: - The Modernization of the 92 year old Historic City Hall Elevators has been identified as a priority project for a number of years and is now critical to the users of City Hall. - Elevator 1 has been out of order for over three years due to lack of replacement parts. Elevators 2 and 3 are currently being repaired with parts from Elevator 1. - Updating the equipment will reduce the operational expense related to the maintenance of this old equipment and allow for service with fewer interruptions. - Historic qualities will be preserved in the execution of the improvements. - Per City Council Resolution No. 17-09, City Hall is noted as a Landmark historic structure, with specific references to the elevators. - The Historic Resource Commission will review the improvements for a Certificate of Appropriateness as a Major Work project. - The Design-Build delivery method was approved by the City Manager in January 2020 per the requirements of NC G.S. 143-128.1A and City Council Resolution No. 16-45. - Six responsive submittals were received through a Request for Qualifications (RFQ) and ranked in June 2020 for pre-construction services and project construction: Contractor Architect - Brantley Construction, Weaverville, NC Watson, Tate, Savory Architects, Columbia, SC - GRC, Kingsport, TN CRW, Kingsport, TN - Hickory Construction, Hickory, NC Novus Architects, Asheville, NC - H & M Constructors, Asheville, NC Clark-Nexsen Architects, Asheville, NC - Vannoy Construction, Asheville, NC Keith Hargrove Architect, Asheville, NC - WeaverCooke Const., Asheville, NC MHA Works, Asheville, NC - WeaverCooke Construction with MHA Works Architecture Design-Build Team was selected as best qualified. WeaverCooke has provided pre-construction fees and a preliminary construction cost estimate to modernize all three elevators.  They have also provided creative ideas to save money and prioritize historic preservation which will be incorporated into the final project price. - The project construction is expected to begin in January 2021 and is anticipated to take 12 months to complete. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The Design-Build delivery method allows the City to accept bids from subcontractors other than the lowest bid. This will enable the City to increase participation by selecting MWBE subcontractors as long as the project stays within the allotted budget. - WeaverCooke prioritizes Minority and Women Owned Business Enterprise (MWBE) participation with their plan noted below: - Award Design to MHAworks Architecture, 63% Minority as a company. - Solicit Bids from MBE/WBE/DBE Subcontractors/Suppliers from Every Trade Division from their trade list of roughly 500 Subcontractors in NC/SC. (except for elevator contractors: not available) during the bid process. - Confident they can award painting, cleaning, and drywall to an MBE/WBE with budget considerations from the City of Asheville. - Subscribed to the City of Asheville Business Inclusion Newsletter - Meet monthly if the City of Asheville Inclusion Office were to have local Contractor Meetings to discuss involvement and inclusion on all City Projects. - Open to involvement in community outreach and training for small businesses/minority businesses interested in commercial/residential construction as part of this project Contractor MBE/WBE/DBE list of roughly 500 Subcontractors in NC/SC.  Committee(s): - None Pro(s): - Establishes a single point of accountability for design and construction. - Scope of work includes the containment and removal of hazardous materials discovered in the existing building conditions. Coordinated construction phasing will be required to manage hazardous materials removal, containment and elevator operations throughout the project. - Design-Build delivery will improve the schedule and coordination outcomes over traditional design-bid-build delivery. - Design-Build delivery will provide a better coordinated “Beneficial use,” defining that a building is capable of being used as it is intended but may have a variety of minor defects. - Design-Build delivery allows for negotiation in the design and bidding as the project progresses to adhere to the available budget, and increases the City’s ability to utilize minority and women owned businesses. Con(s): - Actual construction cost is unknown at the time of entering into the Pre-Construction contract. - The Owner does not receive the benefit of checks and balances that exist when contracting with a separate designer and contractor.  Fiscal Impact: - Funding for this contract and any cost amendments up to a total of $2,304,831 is already included in the adopted Capital Improvement Program (CIP).","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-08-25","mt":"regular","id":"II-I","ref":"RES 20-140","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Bartholomew Construction for the Fulton Street Bond Sidewalk Project","desc":"Background: - The City of Asheville passed a General Obligation Bond in 2016 and within this Bond, money was budgeted to construct new sidewalks. - Fulton Street was identified as one of the sidewalks for construction as part of the bond referendum. - The design, engineering, and public engagement continued through the Fall of 2019. - Bids for construction were advertised on May 29, 2020 with the original bid opening scheduled for June 19th. Due to addressing contractors questions an addendum was issued and the bid deadline was extended an additional ten days. - There were six bids received on June 30th. The contractor names and bid amounts are listed below: - Appalachian Paving (Asheville, NC) $624,325 - Bartholomew Construction (Hendersonville, NC) $593,751.18 - Graham county land company (Robbinsville,NC) $864,750 - Moore and Son construction (Hendersonville, NC) $810,000 - Patton Construction (Asheville,NC) $741,145 - Thomas Construction (Johnson city, TN) $1,060,250 - Bartholomew Construction of Hendersonville North Carolina was the lowest responsive, responsible bidder; however the low bid exceeded the budget for the project so the City entered into negotiations with the lowest responsible bidder on July 6, 2020. - Those negotiations resulted in a revised total contract price of $435,723.18. - The construction will start by the middle of September. The contractor has 120 days to perform the work. The work is scheduled to be complete by the middle of January 2021. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. Three percent of the  total dollar amount of this contract will be performed through a certified MWBE. Hemphill Concrete from Pisgah Forest, NC is the certified MWBE subcontractors on this project.  Committee(s): - None. Pro(s): - Project works towards fulfillment of the General Obligation Bond. - Will fill in sections of missing sidewalk that add to pedestrian safety. - Project scope remains the same even though bid price was lowered to complete the project. Con(s): - Possible reduced levels of service for automobiles during the day while being constructed. - Staff time will be used to administer the project until its completion. Fiscal Impact: - Funding for the Fulton Streets Improvements project is included in the General Obligation Bond Program.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-08-25","mt":"regular","id":"II-J","ref":"RES 20-141","it":"resolution","t":"Resolution authorizing the City Manager to grant a sewer easement to Hawthorne at Haywood Apartments, LLC","desc":"Background: - The City was approached by a local developer who is building a new phase of the Hawthorne at Haywood Apartments and needs a connection to the nearest Metropolitan Sewerage District (MSD )sewer line. - The closest opportunity for sewer connection is a line on Eastview Circle. - The N.C. Dept. of Transportation does not allow sewer within the roadway of Eastview Circle and no remaining right of way outside of pavement is accessible for the sewer installation. - The only feasible connection left is across city property (9618-90-5267) at the intersection of Old Haywood and Eastview Circle. - The Real Estate Division consulted other City departments to determine whether it would be in the City’s best interest to allow this easement on City property. - The Asheville Fire Department uses the property as a fire station and Asheville Police Department has a traffic division at this location. - Representatives of both departments indicated that they had no objections to this sewer extension. - The Streets Department was also consulted and they have no objection. - City Council initially authorized this transaction on 5/26/2020, however original estimates of the easement were too low and had to be revised after a survey was done in the field. The original request of 2,000 square feet has now been increased to a total area of +/- 2736 square feet. The width of 20 feet is mandated by MSD regulation specifying minimum width. - Fair Market Value has been determined to be $6,594 and the developer has agreed to pay this amount.  Committee(s): - None Pro(s): - Project will bring much needed rental units to the Asheville area. - City is receiving compensation for the easement. Con(s): - There will be temporary disruption on City property during construction. Fiscal Impact: - City is receiving unbudgeted revenue for the easement in the amount of $6,594","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-08-25","mt":"regular","id":"II-K","ref":"RES 20-142 / RES 20-143","it":"resolution","t":"Resolution authorizing a $1 million grant agreement with the Asheville-Buncombe Community Land Trust and resolution amending Resolution 17-198 to change the unit goal","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-08-25","mt":"regular","id":"II-L","ref":"","it":"motion","t":"Motion setting a public hearing on September 8, 2020 to consider extending the temporary moratorium on hotel development","desc":"","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2020-08-25","mt":"regular","id":"II-M","ref":"RES 20-144","it":"resolution","t":"Resolution authorizing the City Manager to ratify the paratransit services agreement with Buncombe County","desc":"Background: - On September 24, 2013, Council approved a resolution authorizing the City Manager to contract with Buncombe County to provide paratransit services through Mountain Mobility. - The original budget for paratransit services for FY 2020 was $735,000. An additional contract amount of $14,002.46 is needed to pay remaining invoices from FY 2020. - Staff is also requesting approval of a change order to include $1.3 million in the contract to pay for paratransit services to be rendered in FY 2021. - Per N.C. General Statute §160A-461, inter-local agreements must be ratified by the City Council. - This action includes ratification of the original 2013 agreement, as well as the amendment to increase funding in the service contract for the provision of paratransit services for FY 2020 and FY 2021.  Committee(s): - None Pro(s): - Ensures sufficient funding is available to pay for services as required by contractual agreement. - Assures the City is able to pay for services rendered for the months of April, May and June 2020, and for FY 2021. Con(s): - None Fiscal Impact: - Funding for the contracts amount is included in the adopted Transit Services Fund budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2020-08-25","mt":"regular","id":"II-N","ref":"RES 20-145","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Harrison Construction Company for the Livingston Street project","desc":"Background: - The contract provides for the resurfacing of Livingston Street starting at Depot Street west through the traffic circle and for the resurfacing of Reservoir Road. - The project was advertised on July 15, 2020, and bids were opened on July 30, 2020. - The following six bids were received: Harrison Construction Company Division of APAC Atlantic, Inc., Asheville, NC $383,900.00 Rogers Group, Inc, Hendersonville, NC $409,802.50 Bryant’s Land and Developments Services, Inc., Burnsville, NC $454,869.20 Tar Heel Paving, Inc, Hendersonville, NC $522,129.98 JLS Company, LLC, Arden, NC $556,684.19 French Broad Paving, Marshall, NC $576,540.00 - Construction is anticipated to start in late September 2020 and be completed by the end of November 2020. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. Two minority or women-owned business enterprises submitted a bid to be the prime contractor on the project. - The lowest responsive bidder, while not a minority or woman-owned business, will be using DBE and WBE companies to perform work that amounts to 6.6% of the total bid price.  Pro(s): - Provides for the resurfacing to two sections of road in poor condition. Con(s): - Repairs will cause temporary disruption to pedestrian and vehicular traffic. Fiscal Impact: - Funding for this contract is coming from resurfacing funds within the Capital Improvement Program (CIP) budgets already approved for resurfacing projects.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2020-08-25","mt":"regular","id":"II-O","ref":"RES 20-146","it":"resolution","t":"Resolution amending City Council's Rules of Procedure to coincide with recent changes in state law on land use and development","desc":"Background: - A collaborative effort between North Carolina land use attorneys, the University of North Carolina - School of Government and North Carolina legislators resulted in Session Law 2019-111 “AN ACT TO CLARIFY, CONSOLIDATE, AND REORGANIZE THE LAND-USE REGULATORY LAWS OF THE STATE.” adopted July 11, 2019. - As the law’s title states, the purpose of 160D is to clarify and reorganize the land use/development related laws of the State and to consolidate these laws into one chapter in order to provide a uniform set of statutes applicable to both cities and counties. - SL 2019-111 Part II also made some changes to other statutes that were indirectly related to land use law (i.e. 160A-75 Voting). - The new law contains a number of legislative changes which a local government must take action to adopt, but it also contains permissive legislative changes which a local government may choose to adopt or not. - Originally, parts of 160D became effective immediately while most of it was not to become effective until January 1, 2021, however, on June 19, 2020, the General Assembly enacted legislation -S.L. 2020-25-making Chapter 160D and associated changes to other statutes effective immediately. - The law provided flexibility to local governments in the timing for adoption of amendments to conform local development regulations to the new statutes. Local governments may enact their amendments now, but are not required to do so until July 1, 2021. - The proposed amendments to the Rules of Procedure contain two revisions that are required by the new law. - 1) Local government governing and advisory boards that vote on land use and development regulations, must adopt broadened conflict of interest standards. (G.S. 160D-109). 160D-109(a) states: “A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial relationship, business, or other associational relationship.”[emphasis added] The latter part of this requirement is new, in that a conflict of interest can exist even if there is no direct financial impact, which has been the standard to this point. City Council Rule 22. VOTING, has been amended to reflect this new conflict of interest standard. - 2) Must permit adoption of a legislative decision for development regulation on first reading by simple majority; no need for two-thirds majority on first readings as was previously required under 160A-75 Voting. This is a welcome change and will allow for a more expedited decision-making process for planning approvals. City Council Rule 23. ADOPTION OF ORDINANCES AND RESOLUTIONS, has been amended to reflect this statutory change. - Additional, non-statutory related amendments to the Council Rules of Procedure have also been made in order to modernize and more clearly reflect current procedures.  Pro(s): - Proposed changes will align the city’s development standards, practices and procedures with current North Carolina state law. - Modernizes outdated language. - Creates objective standards for ministerial decisions. - Clarifies practices and procedures for the development community. - Updates written rules to coincide with current Council procedures Con(s): - This is a legislative mandate and while some proposed changes reduce flexibility and/or discretion it is necessary to revise these practices to be consistent with state law. Fiscal Impact: - None","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2020-08-25","mt":"regular","id":"II-P","ref":"RES 20-147","it":"resolution","t":"Resolution authorizing a contract amendment with The John R. McAdams Company Inc. for the Carter-Ann Stormwater Improvements Project - Contract Amendment 3","desc":"Background: - The approved Professional Services Phase 1 budget for this project was $73,410 with a contingency of $14,682 for a total budget of $88,092. Amendment # 1 utilized the contingency and increased the contract amount by $15,500 for a total contract amount of $88,910. - Amendment #2 Increased the time frame for the completion of Phase 1 without increasing the budget. - This project is to replace, improve, and bring parts of the existing Stormwater system along Carter Street through Patton Avenue and down Ann Street within the City Right of Way. This project is aimed to reduce flooding, replace failing infrastructure and make the system easier to maintain. The overall construction phase of this project would last approximately 5 months. - The RFQ for this project was advertised on February 16, 2019, with Statements of Qualifications received on February 28, 2019. - Ten (10) consulting firms submitted Statement of Qualifications. After qualifications were reviewed, a short list was made and on April 11, 2019 city staff conducted interviews. The John R. McAdams Company Inc. was selected as the best qualified firm. - The Contract between the City of Asheville and The John R. McAdams Company Inc. was entered into on December 26, 2019. - Without knowing the extent of failures, capacity of the existing infrastructure, or influence on the surrounding utilities, Phase 1 was to conduct due diligence and preliminary engineering design, so that a determination could be made on how best to move forward with Phase 2 to complete the design and take the project through construction. The first phase was under the threshold for the City Manager’s signature authority. - Professional Services, including Final Design, Permitting and Construction Administration for the contract would proceed immediately after approval of the Contract Amendment. - The phase 2 design of this project should be completed by the first part of November. The schedule for Construction Administration would be through June 2021, dependent on any issues that might arise during Permitting. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System, City of Asheville website, City of Asheville Twitter Account, and requiring engineering firms to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Past engineering firms who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. During preparation for advertising this RFQ, the contract was shared with the Business Inclusion staff in the Community & Economic Development Department. - Out of the ten (10) qualifications received, no consultant firm was Minority Business or Women Owned Business certified. Eight (8) of the firms submitting qualifications proposed reaching out and utilizing MWBE subcontractors for portions of the project. - The John R. McAdams Company was chosen for the design because of their qualifications specific to the needs of this project. - Although we conducted outreach, there was not any minority participation.  Committee(s): - None Pro(s): - The contract amendment will allow The John R. McAdams Company to continue with the design and construction phase of this infrastructure project. - The Stormwater improvement project will replace failing infrastructure. - Increase the performance and conveyance of Stormwater along this corridor. - Make these systems easier to maintain in the future. Con(s): - Construction may be somewhat disruptive to nearby residences. - Efforts will be made to notify the public and minimize disruptions. Fiscal Impact: - Funding for this contract is already budgeted in the Stormwater Utility Fund Capital Improvement Program (CIP).","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2020-08-25","mt":"regular","id":"II-Q","ref":"RES 20-148","it":"resolution","t":"Resolution authorizing the procurement of key box access equipment for the Asheville Fire Department from sole source vendor Knox Company","desc":"Background: - The City of Asheville’s Code of Ordinances Chapter 6 Fire Prevention Protection Section 6.2 Amendments 506.1 reads “where required, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type, listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official.” - When called to a scene, these key boxes allow Asheville Fire Department responders to gain entry into a commercial building. - These key boxes allow for rapid entry, avoid unsafe forced entry, and minimize property damage. - The brand of key box used by all commercial buildings to comply with Chapter 6 of the City’s ordinance is Knoxbox by Knox, Company. - All Asheville Fire Department vehicles and apparatus have a Knoxbox key box installed inside - Knoxbox has supplied this equipment for thirty years within the City. - With the FY19-20 purchase of eight should there be a number after this hashtag? replacement vehicles, purchasing one Knoxbox to be installed in each of these eight vehicles pushes the total cost of the purchase above the $5,000 threshold. - The Asheville Fire Department believes this an appropriate catalyst for codifying a specific brand of key boxes that until now has only been a standard practice, which will allow for consistency between the City of Asheville and those doing business in non-residential structures within the City. - The cost of eight Knoxboxes for eight replacement vehicles is $7,751.08. Vendor Outreach Efforts: - Knox, Company is the only manufacturer and distributor of a Knoxbox.  Committee(s): - None Pro(s): - Sole Source of Knox, Company Knoxboxes will ensure consistency and compatibility among fire apparatus, fire vehicles, and commercial buildings and structures across the City Con(s): - If sole source is not authorized, and a bid for key boxes is issued, the lowest bidder may not be Knox, Company. All owners and occupants of commercial buildings within the City would need to purchase a compatible key box. Fiscal Impact: - Funding for this purchase will come from a previously approved budget within the Capital Improvement Program (CIP) as part of the annual vehicle replacement program.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":16},{"d":"2020-08-25","mt":"regular","id":"II-R","ref":"","it":"motion","t":"Motion approving the Board of Alcoholic Beverage Control's travel policy adopted January 26, 2016","desc":"Summary: Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its ABC boards to get annual approval of board travel policies from their appointing authorities. Section g (2) of 18B-700 states, “The local board shall annually provide the appointing authority’s written confirmation of such approval…”. The ABC Board formally requests the City of Asheville’s written confirmation of the Asheville Board of Alcoholic Control Travel Policy.","c":"Boards & Appointments","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":17},{"d":"2020-08-25","mt":"regular","id":"II-S","ref":"RES 20-155","it":"resolution","t":"Resolution relating to North Carolina House Bill 1200, Foreclosure Grants/Rental and Utility Assistance","desc":"Summary: (1) The City Council of Asheville urges legislators to restore North Carolina House Bill 1200 to its original intent of providing $100 million for rental assistance in North Carolina and $100 million in mortgage assistance in North Carolina and to pass this bill upon reconvening on September 2; (2) The City Council of Asheville urges Governor Cooper to reenact a statewide moratorium on eviction actions on residential rental property and a moratorium on the assessment of late fees on rental payments, as well as reporting such situations to a credit bureau or debt collection agency; (3) The City Council of Asheville urges landlords of residential property within the City currently pursuing an eviction action to voluntarily dismiss such action until the unemployment levels fall back to pre COVID-19 figures; and (4) The City Council of Asheville urges landlords of residential property within the City to not pursue an eviction action nor charge or assess any late payment fees against the tenant until the unemployment levels fall back to pre COVID-19 figures.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"routine motion type","sq":18},{"d":"2020-08-25","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to amend the U.S. Dept. of Housing & Urban Development plan (continued)","desc":"5-Year Consolidated Action Plan until October 13, 2020. This motion was seconded by Councilman Young and carried unanimously by roll call vote. B.1. PUBLIC HEARING TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE AMENDING SECTION 7-2-5 DEFINITIONS, 7-11-3 (d), 7-12-2(e)2(d) AND ESTABLISHING A NEW SECTION 7-9-1 RESOURCE MANAGEMENT  OVERLAY DISTRICT, AND A NEW ARTICLE XIX TREE CANOPY PRESERVATION PUBLIC HEARING TO AMEND THE FEES & CHARGES MANUAL FOR FISCAL YEAR 2020-21 TO ESTABLISH A FEE-IN-LIEU OF OPTION FOR TREE REMOVAL (LAND, ADMINISTRATION, INSTALLATION) Mayor Manheimer said the three public hearings regarding the tree canopy preservation ordinance will be discussed as one, along with one public hearing. However, each of the three actions will require an individual vote. Site Planning & Development Division Manager Chris Collins said that this is the consideration of (1) an amendment to the Unified Development Ordinance to amend Section 7-2-5 Definitions, 7-11-3(d), 7-11-3(f)2, 7-12-2(e)2(d) and establishing a new Section 7-9-1 Resource Management Overlay District, and a new Article XIX Tree Canopy Preservation; and (2) amending the Fees & Charges Manual for Fiscal Year 2020-21 to establish a fee-in-lieu of option for tree removal (land, administration, installation). Background: - New standards will create existing canopy-sensitive requirements for preservation and replanting of existing tree canopy when most land development activity occurs. - These standards are designed to incentivize and promote existing canopy preservation over newly planted trees. - In addition to centering around canopy preservation, the proposed text amendment will introduce requirements to preserve trees in commercial development and minor subdivisions where those requirements do not currently exist. - The draft zoning standards have been reviewed by city staff from the Development Services Department, Planning & Urban Design and the City Attorney’s office. - Additionally, the draft ordinance has been presented to and/or reviewed by the Urban Forestry Commission, the Planning & Economic Development Committee, the Downtown Commission, the Development Customer Advisory Group, the Sustainability Advisory Committee and the Asheville Chamber of Commerce & Economic Development. - City staff presented the ordinance at a public webinar hosted by Asheville Greenworks on August 19. - The ordinance has received positive feedback from the Development Customer Advisory Group and support from the Urban Forestry Commission. - On 7/1/2020, the Planning & Zoning Commission (PZC) recommended denial of the wording amendment while expressing concerns with the lack of concessions for affordable housing, the effect upon cost of development and possible barriers to increased density in the downtown area. - In response to the PZC recommendation, staff has conducted an analysis of projects receiving LUIG funds for affordable housing over the last 5 years and found some to be in compliance already and all to be likely to meet the requirements via planting or preserving trees. - All housing developments in the City, including affordable housing developments, are likely to benefit greatly from enhanced and increased tree canopy. The inclusion of affordable housing developments in the application of the ordinance accordingly addresses important environmental justice and equity concerns. - The Resource Management Districts referenced by this ordinance are proposed as an overlay district as a separate item on this agenda.  Comprehensive Plan Consistency: This proposal best aligns with the Living Asheville Comprehensive Plan themes of ‘A Livable Built Environment’ and ‘Harmony with the Natural Environment’ plan sections that include the following goals: - Make Streets More Walkable, Comfortable and Connected; - A Healthy and Expanding Urban Tree Canopy; - Protect Land and Water Assets; and - Encourage Naturalized Stormwater Management Techniques, Goal 25, Outcome 2: Minimize growth of impervious surfaces citywide. In addition, this proposal is consistent with and supports the Planning for Climate Resilience (Appendix D of the Comprehensive Plan) as a means to reduce vulnerability and risk due to climate change.  Committee(s): - On October 22, 2019 and January 14, 2020, the Development Customer Advisory Group (DCAG) reviewed the proposal. - On 02/17/2020, the Urban Forestry Commission reviewed the proposal and unanimously recommended support. - On February 10, 2020 the Planning & Economic Development Committee reviewed the proposal. - On February 19, 2020 the Sustainability Advisory Committee reviewed the proposal. - On July 1, 2020 the Planning & Zoning Commission voted to recommend denial of the proposal by a 6-1 vote. Pro(s): - Proposed changes will change the focus of the City’s tree save provisions to a canopy area based requirement and more directly equate to canopy preservation and provision on privately owned property. - Multiple options for compliance are built into the ordinance, making the application for a variance a very unlikely option. - Creates tree preservation and provision requirements for development types that currently have none. - Allows for a fee-in-lieu payment option when development sites and projects cannot physically comply with planting and preservation requirements which allows for an equitable distribution of tree canopy through administration of the program. - Will affect an overall reduction in the rate of loss of tree canopy in the City of Asheville. - Creates a predictable and easy-to-follow process for land development applicants which generally correlates to success in implementation. Con(s): - Does not outright disallow the removal of existing trees from sites. - May increase the financial cost of development on some sites. Fiscal Impact: - The ordinance establishes a fee-in-lieu of option, whose specifics are outlined below. These funds would be required to be spent for tree canopy only within a similar district and therefore would not have an overall fiscal impact on the City’s operations or budget.  Current Fee Proposed New Fee Fee-In-Lieu for Tree Removal - Land, Admin, and Installation - Downtown $0.00 $31.44 Fee-In-Lieu for Tree Removal - Land, Admin, and Installation - Urban $0.00 $5.42 Fee-In-Lieu for Tree Removal - Land, Admin, and Installation - Suburban $0.00 $4.54 Tree Removal $0.00 $100.00 - Existing staff will administer the ordinance and no additional Full Time Equivalents are requested at this time. General highlights are as follows: (1) Allows trees preserved for other UDO requirements to be used; (2) Replaces ground area based Tree Save requirements; (3) Requires permits for future removal of trees in the Tree Canopy Preservation Areas; (4) Allows for multiple methods of calculating existing canopy; (5) Incentivizes preservation over replanting with measurement flexibility and lower total canopy requirements; and (6) Multiple methods of compliance are available. Associated tree changes also include (1) Street Trees: Introducing requirement for developer to maintain for a period of two (2) years after Certificate of Occupancy; and (2) Speculative Grading: Introducing changes to disallow mass grading (including tree removal) on sites without an approved development plan. The payment in fee component has three components: (1) Average Per Square Foot Land Cost within Resource Management District; (2) Average Cost of Tree Installation Per Square Foot of Tree Canopy; and (3) Administrative Fee to Cover Cost of Administration of Fee-in-Lieu Program. The key takeaways include (1) Creates a new predictable and flexible requirement to preserve, install or pay a fee-in-lieu of tree canopy for many development types; (2) Provides heavy incentives to preserving valuable existing tree canopy over planting new canopy or paying a fee; and (3) Applies requirements for shade and canopy to all developments within the City outside of one and two family residential units. Staff recommends approval of the proposed zoning text amendment to establish new standards for Tree Canopy Preservation in Articles II and VII and with the new Article XIX because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well. B.2. PUBLIC HEARING TO CONSIDER ALLOWING THE INITIAL ZONING TO APPLY THE NEW RESOURCE MANAGEMENT OVERLAY DISTRICT TO ALL PROPERTIES LOCATED WITHIN THE CITY OF ASHEVILLE CORPORATE LIMITS Site Planning & Development Division Manager Chris Collins said that this is the consideration of an ordinance to allow the initial zoning to apply the new Resource Management Overlay District to all properties located within the City of Asheville corporate limits. This public hearing was advertised on August 14 and 21, 2020.  Project Location and Contacts: - This applies to all properties located within the City of Asheville corporate limits. - This is a city initiated zoning action led by the Development Services Department with support from the Urban Forestry Commission. Summary of Petition: - The application of the Resource Management Overlay District is necessary to support and effectuate the proposed Tree Canopy Preservation development ordinance. - Session Law 1985-556 titled “AN ACT AS TO THE CITIES OF ASHEVILLE AND RALEIGH CONCERNING TREE REGULATION AND TO ALLOW THEM TO EXERCISE EMINENT DOMAIN POWERS FOR OPEN SPACE” authorizes the City of Asheville to, “Preserve, protect and enhance” trees and other plantings in “resource management zoning districts”. This zoning petition is intended to establish a new resource management zoning district as an overlay zoning district. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan aligning with key goals in the Harmony with the Natural Environment plan section including “Implement Green Infrastructure and Enhance the Urban Tree Canopy” (p. 208), “Mitigate Flooding and Erosion” (p. 216) and “Protect Land and Water Assets” (p. 218). In addition, this proposal supports the Planning for Climate Resilience (Appendix D) as a means to reduce vulnerability and risk due to climate change. Compatibility Analysis: - The purpose of the Resource Management Overlay District is to create the regulatory structure to broadly apply a new tree protection standard to all properties in the city that will support efforts to enhance the natural environment and improve climate resilience. As this will apply to all properties, compatibility is ensured.  Committee(s): - On July 1, 2020, the Planning & Zoning Commission voted to recommend denial of the proposal due to concerns regarding the associated wording amendment (also denied) and the extent of the authority granted by Session Law 1985-556 which placed stricter requirements on developers. Pro(s): - Will be applied broadly across all properties in the city, ensuring consistency and compatibility. - Supports efforts towards tree canopy preservation and related goals. - Helps to mitigate vulnerability and risk related to climate change. - Authority is provided by state law. - Provides a zoning/regulatory framework for future environmental mitigation. Con(s): - Adds a zoning layer and level of review to new development. - Could increase the cost of development in some instances.  Fiscal Impact: - There is no direct fiscal impact. Vice-Mayor Wisler and Councilwoman Mayfield thanked all the staff outreach and work on this ordinance. Councilwoman Mayfield noted that the Urban Forestry Commission has reached out to the Housing Authority for their housing developments. Mayor Manheimer opened the public hearing at 6:35 p.m. Three individuals spoke in support of the tree canopy preservation ordinance. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for the public hearing on an amendment to the Unified Development Ordinance to amend Section 7-2-5 Definitions, 7-11-3(d), 7-11-3(f)2, 7-12-2(e)2(d) and establishing a new Section 7-9-1 Resource Management Overlay District, and a new Article XIX Tree Canopy Preservation will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2020-08-25","mt":"regular","id":"IV-B1","ref":"","it":"public_hearing","t":"Public hearing to amend the Unified Development Ordinance / Fees & Charges Manual (recessed to September 8, 2020)","desc":"AMENDING SECTION 7-2-5 DEFINITIONS, 7-11-3 (d), 7-12-2(e)2(d) AND ESTABLISHING A NEW SECTION 7-9-1 RESOURCE MANAGEMENT  OVERLAY DISTRICT, AND A NEW ARTICLE XIX TREE CANOPY PRESERVATION PUBLIC HEARING TO AMEND THE FEES & CHARGES MANUAL FOR FISCAL YEAR 2020-21 TO ESTABLISH A FEE-IN-LIEU OF OPTION FOR TREE REMOVAL (LAND, ADMINISTRATION, INSTALLATION) Mayor Manheimer said the three public hearings regarding the tree canopy preservation ordinance will be discussed as one, along with one public hearing. However, each of the three actions will require an individual vote. Site Planning & Development Division Manager Chris Collins said that this is the consideration of (1) an amendment to the Unified Development Ordinance to amend Section 7-2-5 Definitions, 7-11-3(d), 7-11-3(f)2, 7-12-2(e)2(d) and establishing a new Section 7-9-1 Resource Management Overlay District, and a new Article XIX Tree Canopy Preservation; and (2) amending the Fees & Charges Manual for Fiscal Year 2020-21 to establish a fee-in-lieu of option for tree removal (land, administration, installation). Background: - New standards will create existing canopy-sensitive requirements for preservation and replanting of existing tree canopy when most land development activity occurs. - These standards are designed to incentivize and promote existing canopy preservation over newly planted trees. - In addition to centering around canopy preservation, the proposed text amendment will introduce requirements to preserve trees in commercial development and minor subdivisions where those requirements do not currently exist. - The draft zoning standards have been reviewed by city staff from the Development Services Department, Planning & Urban Design and the City Attorney’s office. - Additionally, the draft ordinance has been presented to and/or reviewed by the Urban Forestry Commission, the Planning & Economic Development Committee, the Downtown Commission, the Development Customer Advisory Group, the Sustainability Advisory Committee and the Asheville Chamber of Commerce & Economic Development. - City staff presented the ordinance at a public webinar hosted by Asheville Greenworks on August 19. - The ordinance has received positive feedback from the Development Customer Advisory Group and support from the Urban Forestry Commission. - On 7/1/2020, the Planning & Zoning Commission (PZC) recommended denial of the wording amendment while expressing concerns with the lack of concessions for affordable housing, the effect upon cost of development and possible barriers to increased density in the downtown area. - In response to the PZC recommendation, staff has conducted an analysis of projects receiving LUIG funds for affordable housing over the last 5 years and found some to be in compliance already and all to be likely to meet the requirements via planting or preserving trees. - All housing developments in the City, including affordable housing developments, are likely to benefit greatly from enhanced and increased tree canopy. The inclusion of affordable housing developments in the application of the ordinance accordingly addresses important environmental justice and equity concerns. - The Resource Management Districts referenced by this ordinance are proposed as an overlay district as a separate item on this agenda.  Comprehensive Plan Consistency: This proposal best aligns with the Living Asheville Comprehensive Plan themes of ‘A Livable Built Environment’ and ‘Harmony with the Natural Environment’ plan sections that include the following goals: - Make Streets More Walkable, Comfortable and Connected; - A Healthy and Expanding Urban Tree Canopy; - Protect Land and Water Assets; and - Encourage Naturalized Stormwater Management Techniques, Goal 25, Outcome 2: Minimize growth of impervious surfaces citywide. In addition, this proposal is consistent with and supports the Planning for Climate Resilience (Appendix D of the Comprehensive Plan) as a means to reduce vulnerability and risk due to climate change.  Committee(s): - On October 22, 2019 and January 14, 2020, the Development Customer Advisory Group (DCAG) reviewed the proposal. - On 02/17/2020, the Urban Forestry Commission reviewed the proposal and unanimously recommended support. - On February 10, 2020 the Planning & Economic Development Committee reviewed the proposal. - On February 19, 2020 the Sustainability Advisory Committee reviewed the proposal. - On July 1, 2020 the Planning & Zoning Commission voted to recommend denial of the proposal by a 6-1 vote. Pro(s): - Proposed changes will change the focus of the City’s tree save provisions to a canopy area based requirement and more directly equate to canopy preservation and provision on privately owned property. - Multiple options for compliance are built into the ordinance, making the application for a variance a very unlikely option. - Creates tree preservation and provision requirements for development types that currently have none. - Allows for a fee-in-lieu payment option when development sites and projects cannot physically comply with planting and preservation requirements which allows for an equitable distribution of tree canopy through administration of the program. - Will affect an overall reduction in the rate of loss of tree canopy in the City of Asheville. - Creates a predictable and easy-to-follow process for land development applicants which generally correlates to success in implementation. Con(s): - Does not outright disallow the removal of existing trees from sites. - May increase the financial cost of development on some sites. Fiscal Impact: - The ordinance establishes a fee-in-lieu of option, whose specifics are outlined below. These funds would be required to be spent for tree canopy only within a similar district and therefore would not have an overall fiscal impact on the City’s operations or budget.  Current Fee Proposed New Fee Fee-In-Lieu for Tree Removal - Land, Admin, and Installation - Downtown $0.00 $31.44 Fee-In-Lieu for Tree Removal - Land, Admin, and Installation - Urban $0.00 $5.42 Fee-In-Lieu for Tree Removal - Land, Admin, and Installation - Suburban $0.00 $4.54 Tree Removal $0.00 $100.00 - Existing staff will administer the ordinance and no additional Full Time Equivalents are requested at this time. General highlights are as follows: (1) Allows trees preserved for other UDO requirements to be used; (2) Replaces ground area based Tree Save requirements; (3) Requires permits for future removal of trees in the Tree Canopy Preservation Areas; (4) Allows for multiple methods of calculating existing canopy; (5) Incentivizes preservation over replanting with measurement flexibility and lower total canopy requirements; and (6) Multiple methods of compliance are available. Associated tree changes also include (1) Street Trees: Introducing requirement for developer to maintain for a period of two (2) years after Certificate of Occupancy; and (2) Speculative Grading: Introducing changes to disallow mass grading (including tree removal) on sites without an approved development plan. The payment in fee component has three components: (1) Average Per Square Foot Land Cost within Resource Management District; (2) Average Cost of Tree Installation Per Square Foot of Tree Canopy; and (3) Administrative Fee to Cover Cost of Administration of Fee-in-Lieu Program. The key takeaways include (1) Creates a new predictable and flexible requirement to preserve, install or pay a fee-in-lieu of tree canopy for many development types; (2) Provides heavy incentives to preserving valuable existing tree canopy over planting new canopy or paying a fee; and (3) Applies requirements for shade and canopy to all developments within the City outside of one and two family residential units. Staff recommends approval of the proposed zoning text amendment to establish new standards for Tree Canopy Preservation in Articles II and VII and with the new Article XIX because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well. B.2. PUBLIC HEARING TO CONSIDER ALLOWING THE INITIAL ZONING TO APPLY THE NEW RESOURCE MANAGEMENT OVERLAY DISTRICT TO ALL PROPERTIES LOCATED WITHIN THE CITY OF ASHEVILLE CORPORATE LIMITS Site Planning & Development Division Manager Chris Collins said that this is the consideration of an ordinance to allow the initial zoning to apply the new Resource Management Overlay District to all properties located within the City of Asheville corporate limits. This public hearing was advertised on August 14 and 21, 2020.  Project Location and Contacts: - This applies to all properties located within the City of Asheville corporate limits. - This is a city initiated zoning action led by the Development Services Department with support from the Urban Forestry Commission. Summary of Petition: - The application of the Resource Management Overlay District is necessary to support and effectuate the proposed Tree Canopy Preservation development ordinance. - Session Law 1985-556 titled “AN ACT AS TO THE CITIES OF ASHEVILLE AND RALEIGH CONCERNING TREE REGULATION AND TO ALLOW THEM TO EXERCISE EMINENT DOMAIN POWERS FOR OPEN SPACE” authorizes the City of Asheville to, “Preserve, protect and enhance” trees and other plantings in “resource management zoning districts”. This zoning petition is intended to establish a new resource management zoning district as an overlay zoning district. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan aligning with key goals in the Harmony with the Natural Environment plan section including “Implement Green Infrastructure and Enhance the Urban Tree Canopy” (p. 208), “Mitigate Flooding and Erosion” (p. 216) and “Protect Land and Water Assets” (p. 218). In addition, this proposal supports the Planning for Climate Resilience (Appendix D) as a means to reduce vulnerability and risk due to climate change. Compatibility Analysis: - The purpose of the Resource Management Overlay District is to create the regulatory structure to broadly apply a new tree protection standard to all properties in the city that will support efforts to enhance the natural environment and improve climate resilience. As this will apply to all properties, compatibility is ensured.  Committee(s): - On July 1, 2020, the Planning & Zoning Commission voted to recommend denial of the proposal due to concerns regarding the associated wording amendment (also denied) and the extent of the authority granted by Session Law 1985-556 which placed stricter requirements on developers. Pro(s): - Will be applied broadly across all properties in the city, ensuring consistency and compatibility. - Supports efforts towards tree canopy preservation and related goals. - Helps to mitigate vulnerability and risk related to climate change. - Authority is provided by state law. - Provides a zoning/regulatory framework for future environmental mitigation. Con(s): - Adds a zoning layer and level of review to new development. - Could increase the cost of development in some instances.  Fiscal Impact: - There is no direct fiscal impact. Vice-Mayor Wisler and Councilwoman Mayfield thanked all the staff outreach and work on this ordinance. Councilwoman Mayfield noted that the Urban Forestry Commission has reached out to the Housing Authority for their housing developments. Mayor Manheimer opened the public hearing at 6:35 p.m. Three individuals spoke in support of the tree canopy preservation ordinance. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for the public hearing on an amendment to the Unified Development Ordinance to amend Section 7-2-5 Definitions, 7-11-3(d), 7-11-3(f)2, 7-12-2(e)2(d) and establishing a new Section 7-9-1 Resource Management Overlay District, and a new Article XIX Tree Canopy Preservation will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Young","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":20},{"d":"2020-08-25","mt":"regular","id":"IV-B2","ref":"","it":"public_hearing","t":"Public hearing to consider allowing the initial zoning (recessed to September 8, 2020)","desc":"Site Planning & Development Division Manager Chris Collins said that this is the consideration of an ordinance to allow the initial zoning to apply the new Resource Management Overlay District to all properties located within the City of Asheville corporate limits. This public hearing was advertised on August 14 and 21, 2020.  Project Location and Contacts: - This applies to all properties located within the City of Asheville corporate limits. - This is a city initiated zoning action led by the Development Services Department with support from the Urban Forestry Commission. Summary of Petition: - The application of the Resource Management Overlay District is necessary to support and effectuate the proposed Tree Canopy Preservation development ordinance. - Session Law 1985-556 titled “AN ACT AS TO THE CITIES OF ASHEVILLE AND RALEIGH CONCERNING TREE REGULATION AND TO ALLOW THEM TO EXERCISE EMINENT DOMAIN POWERS FOR OPEN SPACE” authorizes the City of Asheville to, “Preserve, protect and enhance” trees and other plantings in “resource management zoning districts”. This zoning petition is intended to establish a new resource management zoning district as an overlay zoning district. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan aligning with key goals in the Harmony with the Natural Environment plan section including “Implement Green Infrastructure and Enhance the Urban Tree Canopy” (p. 208), “Mitigate Flooding and Erosion” (p. 216) and “Protect Land and Water Assets” (p. 218). In addition, this proposal supports the Planning for Climate Resilience (Appendix D) as a means to reduce vulnerability and risk due to climate change. Compatibility Analysis: - The purpose of the Resource Management Overlay District is to create the regulatory structure to broadly apply a new tree protection standard to all properties in the city that will support efforts to enhance the natural environment and improve climate resilience. As this will apply to all properties, compatibility is ensured.  Committee(s): - On July 1, 2020, the Planning & Zoning Commission voted to recommend denial of the proposal due to concerns regarding the associated wording amendment (also denied) and the extent of the authority granted by Session Law 1985-556 which placed stricter requirements on developers. Pro(s): - Will be applied broadly across all properties in the city, ensuring consistency and compatibility. - Supports efforts towards tree canopy preservation and related goals. - Helps to mitigate vulnerability and risk related to climate change. - Authority is provided by state law. - Provides a zoning/regulatory framework for future environmental mitigation. Con(s): - Adds a zoning layer and level of review to new development. - Could increase the cost of development in some instances.  Fiscal Impact: - There is no direct fiscal impact. Vice-Mayor Wisler and Councilwoman Mayfield thanked all the staff outreach and work on this ordinance. Councilwoman Mayfield noted that the Urban Forestry Commission has reached out to the Housing Authority for their housing developments. Mayor Manheimer opened the public hearing at 6:35 p.m. Three individuals spoke in support of the tree canopy preservation ordinance. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for the public hearing on an amendment to the Unified Development Ordinance to amend Section 7-2-5 Definitions, 7-11-3(d), 7-11-3(f)2, 7-12-2(e)2(d) and establishing a new Section 7-9-1 Resource Management Overlay District, and a new Article XIX Tree Canopy Preservation will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mayfield","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":21},{"d":"2020-08-25","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Young","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2020-08-25","mt":"regular","id":"V-149","ref":"RES 20-149","it":"appointment","t":"Resolution appointing/reappointing DeWayne Barton to the African American Heritage Commission","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. The term of DeWayne Barton expired on July 1, 2020. The following individuals applied for the vacancy: Aaron D. Griffin Sr., Robert Elijah Thomas Jr., and Thomas Ryan. The Boards & Commissions Committee recommended reappointing DeWayne Barton.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"no material signals","sq":23},{"d":"2020-08-25","mt":"regular","id":"V-150","ref":"RES 20-150","it":"appointment","t":"Resolution appointing Susan Russo Klein as a member (Greater Asheville Regional board)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Greater Asheville Regional Airport Authority. Ms. Stephanie Brown has resigned, thus leaving an unexpired term until June 30, 2020. The following individuals applied for the vacancy: Tom Hunter and Susan Russo Klein. House Bill 1154 was passed by the N.C. General Assembly to stagger the terms of some members of the Airport Board. This legislation affects the term of the City Council appointment of the vacancy by Ms. Brown. This legislation changes the term of this new Board member to a three-year term beginning on July 1, 2020, and then upon expiration of this term, the next term will be for a term of four years. The reason for this legislation is to help stagger the terms so that there are no more than 2 members rolling off the Airport Board on any given year. At the recommendation of the Airport Authority’s CEO, the Boards & Commissions Committee recommended appointing Susan Russo Klein.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"no material signals","sq":24},{"d":"2020-08-25","mt":"regular","id":"V-151","ref":"RES 20-151","it":"appointment","t":"Resolution reappointing Scott Farkas (CPA seat) and W. Scott Powell as members","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Audit Committee. The terms of Scott Farkas (CPA seat) and W. Scott Powell expired on May 1, 2020. No one applied for the vacancies. Boards & Commissions Committee recommended reappointing Scott Farkas (CPA seat) and W. Scott Powell.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"no material signals","sq":25},{"d":"2020-08-25","mt":"regular","id":"V-152","ref":"RES 20-152","it":"appointment","t":"Resolution appointing Carter Webb as a regular member of the board","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Board of Adjustment. Mr. Daniel Summerlin (Regular member) passed away, thus leaving an unexpired term until January 21, 2023. The following current Alternates applied for the vacancy: Suzanne Godsey, Carter Webb, Rob Carroll and John Michael Kledis. The following individuals applied for the vacancy: David Angelus and Rick Freeman. The Boards & Commissions Committee recommended appointing Carter Webb to the Regular seat filling Mr. Summerlin’s unexpired term; and appointing David Angelus to the Alternate seat vacated by Mr. Webb - term to expire January 21, 2021.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"no material signals","sq":26},{"d":"2020-08-25","mt":"regular","id":"V-153","ref":"RES 20-153","it":"appointment","t":"Resolution reappointing Emily Spring and Will Hornaday as members and re-advertising two additional vacant seats","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Asheville-Buncombe Historic Resources Commission. Mr. Craig Cline and Mr. Gordon McKinney have resigned, thus leaving two unexpired terms until July 1, 2022. ln addition, the terms of Emily Spreng and Will Hornaday expired on July 1, 2020. The following individuals applied for the vacancy: Lucy A. Kruesel, J. Wagner and Amanda Vollrath. It was the recommendation of the Boards & Commissions Committee to reappoint Emily Spreng and Will Hornaday, and re-advertise for candidates with a stronger historical background.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"no material signals","sq":27},{"d":"2020-08-25","mt":"regular","id":"V-154","ref":"RES 20-154","it":"appointment","t":"Resolution appointing Ranetta Waters to the Human Relations Commission and re-advertising three additional vacant seats","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Nieva Arana and Bettie Council have resigned as members of the Human Relations Commission, thus leaving two unexpired terms until June 1, 2021. In addition, Pearl DeBellott has resigned as a member of the Human Relations Commission, whose term expired June 1, 2020. The terms of Mychal Bacoate, Patrick Conant, Ivan Melchor, Tiffany De’Bellott, Davidson Jones and Chris Winebrenner expire on June 1, 2020. The following individuals applied for the vacancy: Susy Chandler, Melissa Ray, Sam Franklin, Bernie Lee Miller, Veronica Colt, ZaKiya Bell-Rogers, Alexandra DiSclarfani, Britni Worley and Raynetta Waters. On January 14, 2020, the Boards & Commissions Committee, at the request of the Human Relations Commission, requested these vacancies remain open until June, 2020. It was the recommendation of the Boards & Commissions Committee to reappoint Ivan Melchor, Tiffany De’Bellott, Davidson Jones and Chris Winebrenner; and to appoint ZaKiya Bell-Rogers and Raynetta Waters. In addition, it was the consensus of the Committee to re-advertise for the three additional vacant seats.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"no material signals","sq":28},{"d":"2020-08-25","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":29},{"d":"2020-08-25","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nnq7XzzogCrfYVWYR06s_2375DO6eZuo/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":30},{"d":"2020-09-08","mt":"special","id":"I-A","ref":"","it":"appointment","t":"Deliberation and vote to appoint a new City Council member to fill the vacant seat (S. Antanette Mosley selected)","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Wisler","r":"passed","ta":"4-2","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":1,"mr":"contested vote","sq":0},{"d":"2020-09-08","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-09-08","mt":"regular","id":"II-B","ref":"RES 20-156","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with CDM Smith Inc. to perform an Arc Flash Hazard Analysis study","desc":"Background: - On February 14, 2020, the City of Asheville Water Resources Department (WRD) issued a Request for Qualifications (RFQ) from qualified firms with proven experience and expertise to provide professional and engineering services for an Arc Flash Study encompassing the City of Asheville Water Treatment Plants, Pumping Stations, and associated assets. - An arc flash is a type of electrical explosion or discharge that results from a connection through air to ground or another voltage phase in an electrical system. - The study identifies the level of risk to staff, proper labeling of equipment and personal protective equipment required, and any retrofitting of equipment to provide a safe working environment for operation and maintenance. - Brown and Caldwell of Charlotte, NC, GHD of Charlotte, NC, and CDM Smith of Raleigh, NC were the companies who responded to the Arc Flash RFQ. - CDM was chosen due to their experience performing Arc Flash studies for municipal systems. - Because upgrades and modifications have occurred at both the treatment facilities and pump stations throughout their operational life cycle, there is a need to analyze these facilities for electrical safety and provide training to staff. - The scope of services to be performed by CDM Smith include: project meetings, data collection, model development, Arc Flash Study, equipment labeling and safety training. Vendor Outreach Efforts: - Through a qualifications based selection process CDM was chosen due to their experience performing Arc Flash studies for municipal systems. - No other vendor outreach was performed.  Committee(s): - None Pro(s): - CDM Smith, Inc. has provided Engineering Services on water system improvement projects. - Their experience and knowledge of water systems will minimize staff support and input. - This project is aligned with the City’s and the Water Resources Department’s goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s): - A delay in the project could impact the safety of staff and facilities. Fiscal Impact: - The funding needed for this agreement is currently allocated within the Storage Tanks and Pumps Capital Improvement Projects (CIP).","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-09-08","mt":"regular","id":"II-B2","ref":"ORD 4822","it":"ordinance","t":"Budget amendment for CARES Act Round 2 funding provided through the NC Pandemic Recovery Office and Buncombe County","desc":"Background: - The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is a $2 trillion economic stimulus bill passed by Congress and signed into law in March 2020 in response to the economic downturn caused by the COVID-19 pandemic. The State of North Carolina received $7.6 billion from the CARES Act. - On May 4, 2020 North Carolina Governor Roy Cooper signed session law 2020-4 which appropriated $150 million from this funding to NC counties via the Coronavirus Relief Fund (CRF). - Buncombe County received approximately $4.5 million from this first round of CRF funding and shared $943,771 with the City of Asheville. City Council approved a budget amendment for this first round of CRF funding on July 28, 2020. - On July 1, 2020 Governor Cooper signed session law 2020-80 which appropriated an additional $150 million in CRF funding to NC counties, with Buncombe County receiving approximately $5.1 million from this second round of CRF funding. - As with the first round of funding, Buncombe County shared a portion of the second round of funding with other governments in the county based on the local sales tax distribution formula. Under this formula, the City of Asheville received $1,063,224. - City staff has identified COVID-19 related expenses that are anticipated prior to December 30, 2020 and are eligible for reimbursement under federal and state guidelines, and have submitted a plan for these expenses to Buncombe County. - The NC Pandemic Recovery Office (NCPRO) has provided guidance regarding reporting requirements related to CRF funds which indicate that CRF funding should be budgeted and accounted for in a special revenue fund. - To be in compliance with this guidance, staff is recommending City Council approve a budget amendment in the amount of $1,063,224 to establish a budget for the City’s second round of CRF funding.  Pro(s): - Ensures the City is in compliance with accounting and reporting requirements recommended by the State of North Carolina. Con(s): - None. Fiscal Impact: - Funding from the second round of CRF will be utilized for COVID-19 related expenses that the City incurs prior to December 30, 2020. This amendment will allow staff to consolidate all expenses in a single project in the City’s Special Revenue Fund.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-09-08","mt":"regular","id":"II-C","ref":"RES 20-157","it":"resolution","t":"Resolution authorizing the City Manager to execute an amended contract with Griffin Waste Services for rental and maintenance of portable toilets and handwashing stations","desc":"Background: - Due to the COVID-19 pandemic and resulting closure of public and private buildings in March 2020, portable restrooms and handwashing stations were deployed for public use as an emergency response as recommended by the City-County Emergency Operations Center and City Manager's Office. - Griffin Waste Services in Asheville was an existing provider of services to City facilities prior to the pandemic and the only contractor identified in the region with the capacity to fulfill the services required. - Portable restrooms and handwashing stations were installed at the following locations: - ART Station, Coxe Ave. - Pritchard Park, College St. - Pack Square Park, S. Market St. - City Hall (no handwashing station - hand sanitizer only) - Wall Street - Haywood Street Congregation, 298 Haywood St. - A-Hope / Homeward Bound, 19 N. Ann St. - ABCCM Medical Ministry, 155 Livingston St. - ABCCM, Cumberland Ave. - 12 Baskets, 610 Haywood Rd. - As authorized by the City Manager, a contract was established with Griffin Waste Services in June 2020 for an amount not to exceed $89,000 for rental, routine cleaning, and daily maintenance of the units. - The contract is projected to reach $89,000 by the end of September. However, the need for portable restrooms and handwashing stations is expected to continue until the COVID-19 emergency declaration is canceled. - An amended contract with Griffin Waste Services to increase the total by $65,000, from $89,000 to $154,000, will allow the vendor to perform the work through December 2020. Vendor Outreach Efforts: - At the start of the pandemic, staff searched for all providers throughout Western North Carolina, Greensboro, NC, Charlotte, NC, and Greenville-Spartanburg, SC, and engaged in a search for national providers including options to lease or purchase equipment. Griffin Waste Services, recently merged with Able Rent-a-Jon, was the only local vendor with available capacity. Griffin Waste Services is not a minority or women-owned vendor and staff has not found any MWBE providers in the area through the North Carolina HUB directory or City database.  Committee(s): - None Pro(s): - Supports basic public health needs during a Pandemic - Costs are eligible for reimbursement from FEMA or COVID Relief Funding Con(s): - Some business owners have been unhappy with the location of the facilities. Fiscal Impact: - Funding for the portable toilets and handwashing stations contract is coming from grant dollars that the City has received from Buncombe County as part of the State’s Coronavirus Relief Fund (CRF).","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-09-08","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider extending the temporary moratorium on hotel development (continued/recessed)","desc":"Director of Planning & Urban Development Todd Okolichany said that this is a public hearing to consider extending the temporary moratorium on hotel development approvals within the City of Asheville for two months due to delays associated with the COVID-19 Pandemic. This public hearing was advertised on August 28 and September 4, 2020. Background: - In response to concerns raised by community members and City Council regarding the significant influx of new hotel rooms into the City of Asheville over the past few years with 2,761 total rooms approved and 1,344 rooms opened since 2015 (39% within the central business district), the City of Asheville adopted Ordinance No. 4766 on September 24, 2019 establishing a temporary moratorium on new hotel development until September 24, 2020 in order to take actions to address this issue. - While the City was able to accomplish many of the actions proposed in the moratorium ordinance to address the problems and conditions related to new hotel development, the City’s ability to complete those proposed actions within the original time period set for the moratorium has been significantly impaired by the COVID-19 pandemic, the Emergency Declarations made at the State and Local levels and related restrictions imposed to ensure public health and safety. - Consequently, more time is needed to complete the originally proposed actions. - N.C.G.S. 160A-381 authorizes cities to extend a temporary moratorium on development approvals if new facts or conditions warrant an extension. - It is proposed that the moratorium be extended by two months to November 24, 2020, in order to allow the time necessary to complete the actions proposed to address the issues and concerns regarding new hotel development. - During the duration of the moratorium, city staff have taken reasonable steps to study the issues and develop recommendations. - The following actions were proposed as part of the original moratorium imposition and the majority of the work has been completed: Phase 1 (three months) - Contract with the Urban Land Institute Charlotte District Council to conduct a planning process that includes two community engagement sessions, analysis of the hotel industry, assessment of impacts, research of best practices, and a report on best land use practices and policy recommendations for hotel development. Phase 2 (up to nine months) - Supplemental research and analysis by city staff, creation of a community engagement plan, and draft regulatory changes, strategies and tools for Council consideration. - The draft regulatory changes were presented to the Planning and Zoning Commission at their meeting on September 2, 2020, but additional time is needed for Council consideration. - Staff recommends that the temporary moratorium on new hotel development be extended in order to address the issues and concerns regarding new hotel development. - The COVID-19 pandemic delayed opportunities for community engagement early in the planning process - During the pandemic, city staff and resources were redirected to address other priority community needs - Additional time is needed to complete the hotel development study, conduct additional community engagement, draft the proposed zoning amendments and present the new zoning amendments to the Asheville City Council for consideration of adoption.  Committee(s): - City Council - August 25, 2020 - motion setting a public hearing on September 8, 2020, to consider extending a temporary hotel moratorium on hotel development, approved 7-0. Pro(s): - Gives the city time to better understand the impacts of new hotel development and mitigation requirements. - Allows for research of best practices and to enhance the city’s land use policies, tools and strategies. - Will provide clearer direction to applicants of new hotel developments, City Council and the community. Con(s): - No new hotels will be approved during the moratorium extension period. Fiscal Impact: - None After hearing the discussion on the hotel development study earlier in this meeting, and because a City Council worksession will be scheduled with the possibility of having to go back to the Planning & Zoning Commission, staff now recommends that the temporary moratorium on new hotel development be extended for five months until February 23, 2020, in order to address the issues and concerns regarding new hotel development. Mr. Okolichany said that City staff will work hard to complete the study earlier if possible. Mayor Manheimer opened the public hearing at 7:51 p.m. From advanced live call-ins, two individuals spoke in support of extending the hotel moratorium. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":5},{"d":"2020-09-08","mt":"regular","id":"V-158","ref":"RES 20-158","it":"appointment","t":"Resolution reappointing Sandra Kilgore and Joe Archibald as members","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Planning & Zoning Commission. The terms Sandra Kilgore, Laura Berner Hudson and Joe Archibald, as members of the Planning & Zoning Commission expired on August 14, 2020. The following individuals applied for a vacancy: Sherrye Coggiola, Kimberly Levi and Roosevelt Harvin. Vice-Mayor Wisler said that the Boards & Commissions Committee did not meet to review these applications.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":0,"mr":"no material signals","sq":9},{"d":"2020-09-08","mt":"regular","id":"V-159","ref":"RES 20-159","it":"appointment","t":"Resolution reappointing Andrew Celwyn as a member of the Buncombe board","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority (an individual actively involved in the tourist business who has participated in tourism promotion and does not own or operate hotels, motels, or other taxable tourist accommodations). The term of Andrew Celwyn (an individual actively involved in the tourist business who has participated in tourism promotion and does not own or operate hotels, motels, or other taxable tourist accommodations) as a member of the Buncombe County Tourism Development Authority expired on August 31, 2020.  The following individuals meet the requirements and have applied for the vacancy: Clair Greear, Bethany Vance, and Ruth Summers. Vice-Mayor Wisler again noted that the Boards & Commissions Committee did not meet to review these applications.","c":"Economic Development","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":1,"mr":"policy category","sq":10},{"d":"2020-09-08","mt":"regular","id":"V-A","ref":"ORD 4823","it":"ordinance","t":"Ordinance to allow the initial zoning - applying a new Resource Management Overlay District","desc":"Mayor Manheimer said that this public hearing was held on August 25, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After receiving additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":6},{"d":"2020-09-08","mt":"regular","id":"V-B1-a","ref":"ORD 4824","it":"ordinance","t":"Ordinance to amend the Unified Development Ordinance (wording amendments to Articles)","desc":"DEFINITIONS,7-11-3(d), 7-11-2(f)2, 7-12-2(e)2(d) AND ESTABLISHING A NEW SECTION 7-9-1 RESOURCE MANAGEMENT OVERLAY DISTRICT, AND A NEW ARTICLE XIX TREE CANOPY PRESERVATION","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2020-09-08","mt":"regular","id":"V-B1-b","ref":"ORD 4825","it":"ordinance","t":"Ordinance to amend the Fees & Charges Manual (administration, installation fees)","desc":"Mayor Manheimer said that these public hearings were held on August 25, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After receiving additional public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/15tGC5eMU9iPOdV7nves796zJ9f9uEWCw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2020-09-22","mt":"regular","id":"B","ref":"RES 20-160","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with CDM Smith Inc.","desc":"Background: - On February 27, 2018, City Council adopted a resolution to authorize the City Manager to execute a professional services contract with CDM Smith, Inc. for the Water System Distribution Project 2. - The original total contract was for a not-to-exceed amount of $884,124 and the project work included: a survey, a hydraulic analysis, engineering design, construction administration, and other related professional services for approximately 10,600 linear feet of 24” potable water transmission main and all associated appurtenances along Patton Avenue from Craven Street to Haywood Road. - The original transmission main alignment along Patton Avenue assumed construction would be within the travel lanes and therefore the survey and preliminary design was performed for the new water transmission main to be located within the NCDOT right-of-way only. - On April 8, 2019, the preliminary plan was submitted for the required NCDOT Encroachment Agreement, which would allow the new water transmission main to be  located within the NCDOT right-of-way; however this Encroachment Agreement was denied by NCDOT in accordance with its policy to not allow utilities to be placed under the roadway. Within the past five years, NCDOT has increased its enforcement of this policy. - The Water Resources Department appealed the decision to deny the NCDOT Encroachment Agreement via the hardship appeal process procedure provided by NCDOT. The hardship appeal was based on impacts to private property and additional project cost; however the appeal was also denied. - Because of the denial of the NCDOT Encroachment Agreement and subsequent appeal, the proposed water transmission main alignment had to be changed to be outside the NCDOT right-of-way to be installed within private property throughout the project corridor. - This change in alignment of the 24” water transmission line created the requirement for an additional survey to be performed and a new design drawing to be developed which added a significant cost increase to the professional services contract. - Also moving the new water transmission main onto private property creates the need to obtain 37 permanent and temporary construction easements for the installation of the proposed transmission main which requires additional funds to be added to the project for easement acquisition specialists, preparation of easement plats and documents, appraisals and purchase of the necessary easements. These efforts and associated costs were not considered in the original contract scope since the plan did not impact private property. - Over the course of the design phase, CDM Smith also discovered three (3) North Carolina Department of Environmental Quality – Division of Waste Management (DWM) sites located adjacent to the new alignment requiring the additional services for assessment of potential impacts from residual contamination associated with the three sites. - Water Resources Staff requested that the consultant provide an amended scope with the additional tasks and cost outlined. The proposed change order request is based on the amended scope. - It is anticipated that the final project design and easement acquisition will take approximately 9 months being completed by July 2021. Following completion of the design phase, construction of the project is projected to begin in September 2021 with an 18 month duration. Vendor Outreach Efforts: - Not applicable, change to an existing contract  Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s): - None Fiscal Impact: - The funding needed for the professional services agreement is currently allocated within the Water Resources Capital Improvements Project Fund in the Small Waterline Replacement Projects.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-09-22","mt":"regular","id":"C","ref":"RES 20-161","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - On July 28, 2020, the Water Resources Department (WRD) issued an Advertisement for Bids for the Water System Neighborhood Enhancement Project Area 5 Part 1 Project. - The scope of work for this project includes the installation of approximately 12,100 LF of 6-inch, 5,000 LF of 8-inch, and 1,200 LF of 12-inch ductile iron water line along with related appurtenances and materials required to complete the work located along various streets within the following areas: - Muirfield Subdivision - Mills Gap Road - Swannanoa River Road - S. Tunnel Road - Brookwood Road - Brevard Road - Hazel Mill Road - Joe Jenkins Road - This proposed project has been determined to be a critical installation that will increase the water systems reliability by replacing undersized and older waterlines that have high failure rates and also by providing improved water pressure and flow characteristics for domestic service and fire fighting capabilities. - Companies responding were: - T&K Utilities, Inc.; Asheville, NC – Bid: $3,810,200 - Patton Construction Group; Asheville, NC – Bid: $3,992,500 - T.P. Howard’s Plumbing Company, Inc.; Fairview, NC – Bid: $4,050,000 - Cooper Construction Company, Inc.; Hendersonville, NC – Bid: $4,053,202 - Buckeye Bridge, LLC; Canton, NC – Bid: $4,180,455.30 - NHM Constructors, LLC; Asheville, NC – Bid: $4,714,706 - Teraflex Group, LLC; Williston, ND – Bid: $4,723,114.20 - Thomas Construction Company, Inc.; Johnson City, TN – Bid: $5,838,960 - Following a review of the bids by City Staff and WK Dickson & Co., Inc., the project engineers; T&K Utilities, Inc.was selected as the lowest responsible, responsive bidder. - The WRD requests authorization to contract with T&K Utilities, Inc. for the bid amount of $3,810,200 plus a 10% contingency in the amount of $381,020 for a total project budget in the amount of $4,191,220.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - MWBE owned businesses are being utilized as subcontractors for traffic control and asphalt paving by prime contractors.  Committee(s): - Not Applicable. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s): - None. Fiscal Impact: - Funds needed for this construction agreement are already budgeted in the “Small Waterline Replacement Projects” within the Water Resources Capital Improvement Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-09-22","mt":"regular","id":"D","ref":"RES 20-162","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - In August 2013, City Council approved a resolution authorizing a multi-year agreement with Reem’s Creek Fire Department for automatic aid service - The City of Asheville has a need to strengthen its standard of response and cover in the Beaverdam Valley and the Reem’s Creek Fire Department is the most appropriate organization to provide the service - The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index - After seven years of positive consumer price index increases, the renewal for the FY20-21 services cost and are budgeted at $91,733.36 - The term of the renewal agreement will end June 30, 2021 Vendor Outreach Efforts: - No other vendors are able to provide this service - There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to provide this service  Committee(s): - None Pro(s): - Allows standard of cover to be met greater than 90% of the time. Con(s): - Fiscal impact. Fiscal Impact: - Execution of the agreement renewal is budgeted at and costs $91,733.36.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-09-22","mt":"regular","id":"E","ref":"RES 20-163","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - North Carolina is divided into seven geographical regions for the purpose of hazardous material emergency response. - The North Carolina Department of Public Safety contracts with municipalities across North Carolina to respond into the geographical regions and provide technician level hazardous materials emergency response. - The region's six areas encompass the westernmost twenty counties. - The City of Asheville has been a regional hazardous materials provider since Fiscal Year 1994-1995. - The State of North Carolina provides funding that fully supports the operational costs of the program. - The City receives $69,000 annually for administration, equipment, training, medical surveillance, and workman’s compensation. - The truck and equipment provided to the City by the State for use on State and local hazmat missions are valued at $1.5 million. - The City is reimbursed at 100% of the costs expended when the team is deployed for a state mission. - City Council approved an extension of the current agreement due to circumstances surrounding COVID-19, the North Carolina Department of Public Safety Division of Emergency Management wanted to activate the fifth-year extension clause of the  agreement for four months with the City of Asheville for Hazardous Materials Emergency Response Services from July 1, 2020 through October 31, 2020. - The new agreement is for November 1, 2020 - June 30, 2024. Vendor Outreach Efforts: - Contract is with the State of North Carolina Department of Public Safety Division of Emergency Management.  Committee(s): - None Pro(s): - The State of North Carolina provides the hazardous materials response truck, all response equipment and provides for administrative costs of operating the team. - In addition, the state funds extensive training for members of the Asheville Fire Department to enable us to competently handle hazardous materials emergencies. - The City of Asheville has full use of the truck and all specialty equipment within the City of Asheville. - Without the state hazardous materials contract, Asheville taxpayers would need to provide much of the resources necessary to properly respond to hazardous materials emergencies within Asheville. - With the contract, we have the advantage of the equipment and resources being funded at the state level, rather than at the local level. - During the twenty nine years that the City has provided regional hazardous materials response services, the City has not experienced difficulties or disadvantages with the program. This program is also consistent with the City’s Strategic Operating Plan in partnership. - Firefighter and citizen safety will be enhanced. Con(s): - None have been identified or known at this time Fiscal Impact: - The City receives a $69,000 reimbursement annually for training, equipment, medical surveillance, and worker’s compensation.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-09-22","mt":"regular","id":"F","ref":"RES 20-164","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Fire Station #4; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of $68,187 (13%). Background: - AFD Station #4 was built in the mid 1990’s as a 6,800 sq. ft. building that is attached to the end of the existing Skyland Fire Department building at 9 Miller Road. - At the time, the City owned portion of the station was not fully built-out for the fire department, and until recently, AFD shared the space with an Asheville Police substation. As a result, the City of Asheville Fire Department occupied shared living quarters with the Skyland Fire Department. - The Skyland Fire Department has identified a need for the space that AFD currently occupies and has requested that the City vacate the shared space. - This project will renovate the existing City owned space to create living quarters and dedicated operations space for Fire and allows the City to completely vacate the Skyland portion of the building. - The project will include interior renovations, building envelope repairs, and high efficiency mechanical systems. - Skyland Fire & Rescue has asked AFD to vacate their portion of the facility by May 1, 2021. - Bids were advertised on August 12, 2020. The City received and opened seven bids on September 3, 2020. The names of the contractors and bid amounts (with selected alternates) are listed below: - B.A.M. Construction, Inc., Claremont, NC $543,710.00 - Carolina Specialties Construction, LLC., Hendersonville, NC $524,516.00 - First Victory, Inc., Brevard, NC $535,742.48 - H&M Constructors, Asheville, NC $552,900.00 - J. Bartholomew Construction, LLC., Hendersonville, NC $642,190.00 - Patton Construction Group, Inc., Asheville, NC $592,860.00 - Simpson Young Construction, LLC., Arden, NC $559,693.55 - Carolina Specialties Construction, LLC. was the lowest responsible responsive bidder. - This project will start immediately with a target substantial completion date of April 1, 2021. - The property and the building are owned by Skyland Volunteer Fire Department. - The City is in year 25 of a 99 year lease of $1 per year agreement. The agreement allows for Skyland FD to sell the property. If they do so, the agreement states that the City shall receive the fair market value of the City’s portion of the building structure. These improvements are considered “the City’s portion” of the building. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. None of the general contractors that bid on the project were WMBE. - Carolina Specialties Construction will subcontract with AOA Signs, Inc. which is a Woman-Owned business located in Yadkinville, NC.  Committee(s): - None Pro(s): - A better workplace/living environment for Asheville Fire Fighters. - The work will not impact the current operations at the station. - High Efficiency HVAC System Upgrade (In collaboration with the Office of Sustainability) - Seven bids were received and all were close to the construction cost estimate. Con(s): - Although this project will bring the facility into full operation, it will still be undersized in comparison to contemporary fire stations. Fiscal Impact: - Funding for this contract is already included in the adopted Capital Improvement Program budget.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-09-22","mt":"regular","id":"G","ref":"RES 20-165","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City's customer water metering system consists of approximately 60,000 meters which are read mainly using drive-by Automated Meter Reading (AMR) radio technology. - The City installed its current metering system from 2009-2012. The Automated Meter Reading equipment is reaching the end of its lifecycle and is beginning to fail. - Advancements in metering technology have greatly increased this lifecycle and increased warranty periods. - This issue requires staff to begin the process of implementing a long-term strategy for meter asset management. - During FY19, Meter Services collaborated with the Customer Service, GIS, IT, and Administrative management staff to form a Customer Metering Task Force. The task force developed a customer metering strategic plan with technical support from Cavanaugh and Associates. - A business-case recommendation was developed for the City of Asheville. - This recommendation includes a wholesale replacement of all 2” and smaller water meters with new meter assemblies, implementing a fixed-base network meter reading system, AMI and retrofit meters 3” and larger to the AMI reading system. - The recommended mechanism for product selection and installation is utilization of a third-party contract manufacturer and installer, procured via Request for Qualifications & Proposal (RFP) process. Vendor Outreach Efforts: - Through a qualifications-based selection process beginning in February 2020, the City of Asheville selected nine consulting firms to provide on-call professional services for an array of different types of water system projects. - Cavanaugh and Associates was one of the selected firms due to their expertise in areas of non-revenue water, metering systems, etc. - The City of Asheville entered into a master agreement with Cavanaugh and Associates on August 31, 2020 for on-call professional services valid for three years with the option to renew for two additional years. - If approved, the proposed services described here within will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for General Projects was the best method to deliver this project and Cavanaugh and Associates was the most qualified of the on-call firms. - Based on the current master agreement, no additional vendor outreach was performed.  Committee(s): - None. Pro(s): - This project will be the initial step in updating metering and reading infrastructure that is reaching the end of its useful life cycle. - The project will result in improvements to efficiency of operations, through significant reduction in the number of trucks on the road to read meters. - This reduction will also decrease the City’s carbon footprint associated with Metering Services operations. - This project will ultimately result in water customers having access to more timely data and provide customers with the ability to monitor and better manage their water usage. - This project will provide the framework for monthly billing processes. Con(s): - Failure to approve resolution will result in a delay in the process of exchanging equipment that has reached the end of its life. Fiscal Impact: - The Water Resources Department currently has the funds needed for this agreement budgeted in the “AMR Replacement Project” in the Capital Improvement Program Fund. - Total agreement cost of $175,520.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-09-22","mt":"regular","id":"H","ref":"RES 20-166 / ORD 4826","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment from the N.C. (grant)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-09-22","mt":"regular","id":"I","ref":"RES 20-167 / ORD 4827","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment from federal (funds)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-09-22","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to permanently close a portion of an unopened right-of-way (continued)","desc":"Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened right-of-way known as Gayle Street. This public hearing was advertised on August 28, September 4, 11 and 18, 2020. Background: - N. C. Gen. Stat. sec 160A-299 grants cities the authority to permanently close streets and alleys. - James Sandusky Paris and Carson Kinlaw Delinger have petitioned for this closure. They are owners of the property known as 99999 Morse Drive (Pin # 9627-22-9286). - The unopened portion of right-of-way extends into the subject property. - Upon closure, if granted, the unopened right-of-way will become part of the above property. - The plan is for the property to be subdivided. - The closure aides in meeting required setbacks. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future.  Committee(s): - Multimodal Transportation Committee - June 24, 2020 - Recommended closing the right-of-way by unanimous vote Pro(s): - The closure would allow for more efficient use of the existing adjacent property. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:14 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2020-09-22","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to a previously approved conditional zoning (Ordinance No. 4785) (continued)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an amendment to a previously approved conditional zoning (Ordinance No. 4785) for properties located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley for changes to a mixed-use development zoned Central Business District-Expansion/Conditional Zone. This public hearing was advertised on September 11 and 18, 2020. Project Location and Contacts: - The project site consists of four parcels with a combined area of approximately 4.43 acres, located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley (PINs 9648.37-2643, 9648.38-0052, 9648.37-1928 and 9648.37-2825) that are owned by Asheland Properties LLC and South Slope Holdings LLC. - Petitioner: Tribute Investment & Development Inc; Contact: Warren Sugg  Summary of Petition: - The project was approved by City Council on December 10, 2019, under ordinance no. 4785 and is zoned Central Business District Conditional Zone (CBD-CZ). - As detailed in the current ordinance, the development was approved for a mixed-use project with frontage on Coxe Avenue, Asheland Avenue and Federal Alley with residential and commercial uses throughout multiple buildings, a parking structure integrated into the development and urban open space in the form of a series of public and private interior courtyard spaces connecting the frontages and running through the site from east to west. - The requested amendment primarily impacts the use and design of the northernmost building on Asheland Avenue and the use and design of the structure along Federal Alley. There are no changes to the Coxe Avenue buildings, interior courtyards or streetscape. - The Asheland Avenue change proposes a residential building instead of the previous design that was intended for office use and the revision eliminates the residential liner building that was previously shown along Federal Alley. - The changes to the buildings on Federal Alley and Asheland Avenue still comply with City of Asheville Unified Development Ordinance (UDO) standards such as: fenestration and expanses of solid wall and providing pedestrian entrances along street frontages. Since Federal Alley is not a key pedestrian street, the liner building in the previous design is not expressly required. - The applicant has clarified that the land needed to construct the six-foot sidewalk connection from Federal Alley to Coxe Avenue is subject to the acquisition of land currently owned by the State. The process to acquire the land is currently underway but not yet complete and the construction of this offsite improvement is subject to completion of the acquisition. - The ordinance includes a number of site specific conditions that are still applicable (B.1 conditions). - This amendment does not conflict with those conditions, except that the approval was linked to the previous site plan and renderings; therefore, removing the liner building and altering the facades along Federal Alley and Asheland necessitate an amendment to the previously approved conditional zoning approval. - The summary of changes is as follows: - Slight reduction in residential units (from 488 down to 474) - While the number of residential units is reduced there will be no reduction to the number of affordable units; the applicant will still provide the originally approved amount of affordable units (10 percent of 488 units, which is 48 affordable units) - Reduction in commercial programming (from 86,000 square feet down to 44,199 square feet due to a reduction in the large office component in the original plan) - Parking garage footprint remains the same but scale reduced (from 973 spaces down to six levels and approximately 574 spaces) - Federal Alley liner building eliminated with those residential units now relocated to the Asheland Avenue north building - Parking garage pulls up to front directly on Federal Alley and has been designed to include 18 foot deep “stalls” along the ground level that can be activated with a variety of temporary “pop-up” uses - Asheland Avenue north building was previously a 30,000-square foot, four story office building; now five stories and all residential use with significant aesthetic changes to facade due to the new use - Asheland Avenue south building was previously seven stories (two commercial ground levels with five residential levels above); now six stories (one level of commercial eliminated) - Rooftop patio previously on north end of Asheland Avenue building eliminated - The Downtown Commission considered this request at their meeting on July 10, 2020, and voted unanimously to support the proposed change but with the following suggestions: - Revise the design of the north building on Asheland to differentiate and minimize the massing of the building, perhaps using the location of the vehicular entry as a \"break\" point (the applicant agreed to and made the changes) - Consider adding ground-level commercial space to the north building on Asheland (the applicant prefers to maintain residential units on the ground floor) - Minimize 24-hour parking deck lighting (the applicant is agreeable to this suggestion) - Consider adding amenities / facilities for year-round market stalls on Federal Alley (the applicant is agreeable to this suggestion but the details remain an ongoing discussion) - The Planning and Zoning Commission reviewed the request at their meeting on August 5, 2020, ultimately voting at the September 2, 2020 meeting and unanimously recommended support. - Public comments were received and there were primarily concerns that relocating residential units to Asheland Avenue (in place of the office component) would add cut-through traffic to the South French Broad residential neighborhood via Morgan Street; a desire for retail spaces along the ground level along Asheland Avenue to provide more places for residents of the adjacent neighborhood to visit by foot and concerns that the reduction in parking spaces within the garage structure will result in overflow parking on-street in the South French Broad residential neighborhood. Additional comments received were not specific to the amendment. - The project location is within Census Tract 9, an Opportunity Zone area. City resolution no. 18-269 states that Council commits to work with investors and the resolution offers guidance on projects within these areas to promote equitable growth, avoid displacement of low income or residents of color and avoid the loss of community assets or land. Comprehensive Plan Consistency: - As previously stated in the 2019 staff report, this development has been evaluated for consistency with the Living Asheville Comprehensive Plan and determined to be aligned in multiple ways. This amendment does not alter the alignment of this mixed-use project with the Living Asheville plan. Compatibility Analysis: - With the proposed amendment, the development remains compatible with the surrounding area by including market rate and affordable units in close proximity to downtown. - Regarding the design change to the building on Asheland Avenue, the applicant responded to the requests from both staff and the Downtown Commission to include modifications to the facade to attempt to minimize the massing with several sections of color differentiation. - The B.1 conditions that were agreed to during the previous review for pedestrian safety and traffic improvements are still in place to further minimize potential impacts. - Since the number of residential units and office component have decreased with this amendment, staff does not believe that shifting the location of the uses within the development should have any greater traffic impact and notes that off-street parking is not required in the zoning district. - Further, the proposed number of parking spaces is just under the minimum that would be required for the development if located elsewhere. The location of the project in an urban setting, close to downtown and availability of transit, support the amount of parking  provided in this project.  Committee(s): - Technical Review Committee (TRC) - June 2020 - approved with conditions - Downtown Commission (DTC) - July 10, 2020 - recommended unanimous approval with suggested conditions - Planning & Zoning Commission - August 5 & September 2, 2020 - recommended approval 7-0 Staff Recommendation: - Staff recommends approval of this amendment as the project includes market rate and affordable units in a location that is proximate to downtown and still includes a mix of uses to activate this area of the city. - Staff finds that while the residential liner building was preferable, the changes to the Federal Alley parking structure still provide a mechanism for activation at the street level, as well as a creative design that allows for the redistribution of residential units to Asheland Avenue. - As noted above, the applicant has made efforts to break up the visual massing of the building along Asheland Avenue and the redistribution of uses throughout the site is acceptable. - Conditions from the original approval for traffic mitigation and affordable housing are unchanged with this amendment. - Staff does have some concern regarding the unsettled land acquisition that would provide safe pedestrian connectivity offsite to Coxe Avenue. At the request of Mayor Manheimer,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Mosley","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"contested vote","sq":11},{"d":"2020-09-22","mt":"regular","id":"IV-B-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer due to conflict of interest on conditional zoning amendment (Ord. 4785)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an amendment to a previously approved conditional zoning (Ordinance No. 4785) for properties located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley for changes to a mixed-use development zoned Central Business District-Expansion/Conditional Zone. This public hearing was advertised on September 11 and 18, 2020. Project Location and Contacts: - The project site consists of four parcels with a combined area of approximately 4.43 acres, located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley (PINs 9648.37-2643, 9648.38-0052, 9648.37-1928 and 9648.37-2825) that are owned by Asheland Properties LLC and South Slope Holdings LLC. - Petitioner: Tribute Investment & Development Inc; Contact: Warren Sugg  Summary of Petition: - The project was approved by City Council on December 10, 2019, under ordinance no. 4785 and is zoned Central Business District Conditional Zone (CBD-CZ). - As detailed in the current ordinance, the development was approved for a mixed-use project with frontage on Coxe Avenue, Asheland Avenue and Federal Alley with residential and commercial uses throughout multiple buildings, a parking structure integrated into the development and urban open space in the form of a series of public and private interior courtyard spaces connecting the frontages and running through the site from east to west. - The requested amendment primarily impacts the use and design of the northernmost building on Asheland Avenue and the use and design of the structure along Federal Alley. There are no changes to the Coxe Avenue buildings, interior courtyards or streetscape. - The Asheland Avenue change proposes a residential building instead of the previous design that was intended for office use and the revision eliminates the residential liner building that was previously shown along Federal Alley. - The changes to the buildings on Federal Alley and Asheland Avenue still comply with City of Asheville Unified Development Ordinance (UDO) standards such as: fenestration and expanses of solid wall and providing pedestrian entrances along street frontages. Since Federal Alley is not a key pedestrian street, the liner building in the previous design is not expressly required. - The applicant has clarified that the land needed to construct the six-foot sidewalk connection from Federal Alley to Coxe Avenue is subject to the acquisition of land currently owned by the State. The process to acquire the land is currently underway but not yet complete and the construction of this offsite improvement is subject to completion of the acquisition. - The ordinance includes a number of site specific conditions that are still applicable (B.1 conditions). - This amendment does not conflict with those conditions, except that the approval was linked to the previous site plan and renderings; therefore, removing the liner building and altering the facades along Federal Alley and Asheland necessitate an amendment to the previously approved conditional zoning approval. - The summary of changes is as follows: - Slight reduction in residential units (from 488 down to 474) - While the number of residential units is reduced there will be no reduction to the number of affordable units; the applicant will still provide the originally approved amount of affordable units (10 percent of 488 units, which is 48 affordable units) - Reduction in commercial programming (from 86,000 square feet down to 44,199 square feet due to a reduction in the large office component in the original plan) - Parking garage footprint remains the same but scale reduced (from 973 spaces down to six levels and approximately 574 spaces) - Federal Alley liner building eliminated with those residential units now relocated to the Asheland Avenue north building - Parking garage pulls up to front directly on Federal Alley and has been designed to include 18 foot deep “stalls” along the ground level that can be activated with a variety of temporary “pop-up” uses - Asheland Avenue north building was previously a 30,000-square foot, four story office building; now five stories and all residential use with significant aesthetic changes to facade due to the new use - Asheland Avenue south building was previously seven stories (two commercial ground levels with five residential levels above); now six stories (one level of commercial eliminated) - Rooftop patio previously on north end of Asheland Avenue building eliminated - The Downtown Commission considered this request at their meeting on July 10, 2020, and voted unanimously to support the proposed change but with the following suggestions: - Revise the design of the north building on Asheland to differentiate and minimize the massing of the building, perhaps using the location of the vehicular entry as a \"break\" point (the applicant agreed to and made the changes) - Consider adding ground-level commercial space to the north building on Asheland (the applicant prefers to maintain residential units on the ground floor) - Minimize 24-hour parking deck lighting (the applicant is agreeable to this suggestion) - Consider adding amenities / facilities for year-round market stalls on Federal Alley (the applicant is agreeable to this suggestion but the details remain an ongoing discussion) - The Planning and Zoning Commission reviewed the request at their meeting on August 5, 2020, ultimately voting at the September 2, 2020 meeting and unanimously recommended support. - Public comments were received and there were primarily concerns that relocating residential units to Asheland Avenue (in place of the office component) would add cut-through traffic to the South French Broad residential neighborhood via Morgan Street; a desire for retail spaces along the ground level along Asheland Avenue to provide more places for residents of the adjacent neighborhood to visit by foot and concerns that the reduction in parking spaces within the garage structure will result in overflow parking on-street in the South French Broad residential neighborhood. Additional comments received were not specific to the amendment. - The project location is within Census Tract 9, an Opportunity Zone area. City resolution no. 18-269 states that Council commits to work with investors and the resolution offers guidance on projects within these areas to promote equitable growth, avoid displacement of low income or residents of color and avoid the loss of community assets or land. Comprehensive Plan Consistency: - As previously stated in the 2019 staff report, this development has been evaluated for consistency with the Living Asheville Comprehensive Plan and determined to be aligned in multiple ways. This amendment does not alter the alignment of this mixed-use project with the Living Asheville plan. Compatibility Analysis: - With the proposed amendment, the development remains compatible with the surrounding area by including market rate and affordable units in close proximity to downtown. - Regarding the design change to the building on Asheland Avenue, the applicant responded to the requests from both staff and the Downtown Commission to include modifications to the facade to attempt to minimize the massing with several sections of color differentiation. - The B.1 conditions that were agreed to during the previous review for pedestrian safety and traffic improvements are still in place to further minimize potential impacts. - Since the number of residential units and office component have decreased with this amendment, staff does not believe that shifting the location of the uses within the development should have any greater traffic impact and notes that off-street parking is not required in the zoning district. - Further, the proposed number of parking spaces is just under the minimum that would be required for the development if located elsewhere. The location of the project in an urban setting, close to downtown and availability of transit, support the amount of parking  provided in this project.  Committee(s): - Technical Review Committee (TRC) - June 2020 - approved with conditions - Downtown Commission (DTC) - July 10, 2020 - recommended unanimous approval with suggested conditions - Planning & Zoning Commission - August 5 & September 2, 2020 - recommended approval 7-0 Staff Recommendation: - Staff recommends approval of this amendment as the project includes market rate and affordable units in a location that is proximate to downtown and still includes a mix of uses to activate this area of the city. - Staff finds that while the residential liner building was preferable, the changes to the Federal Alley parking structure still provide a mechanism for activation at the street level, as well as a creative design that allows for the redistribution of residential units to Asheland Avenue. - As noted above, the applicant has made efforts to break up the visual massing of the building along Asheland Avenue and the redistribution of uses throughout the site is acceptable. - Conditions from the original approval for traffic mitigation and affordable housing are unchanged with this amendment. - Staff does have some concern regarding the unsettled land acquisition that would provide safe pedestrian connectivity offsite to Coxe Avenue. At the request of Mayor Manheimer,","c":"Zoning & Land Use","mo":"procedural","mv":"Young","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-09-22","mt":"regular","id":"J","ref":"RES 20-168","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - Bid packet for Playground Mulch and Installation went out and closed on Thursday, June 4, 2020. - This contract will provide bi-annual safety applications for playground mulch at 10 playground sites across the City for FY 21. The following locations are included: - Carrier Park Playground - Jake Rusher Park Playground - Kenilworth Playground - Malvern Hills Playground - Murphy Oakley Playground - Recreation Park Playground - Stephens-Lee Center Playground - Linwood Crump Shiloh Playground - Walton Street Playground - Weaver Playground - Companies responding were: - Synergy Sports Charlotte LLC, Charlotte, NC - Bid $132,900 - On Point, Etowah, NC - Bid $138,596.50 - Bliss Products and Services, Lithia Springs, GA - Bid $157,500 - Mulch Solutions, LLC, Indian Trail, NC - Bid $151,200 - BH Graning Landscapes, Inc., Sylva, NC - Bid $164,776.50 - Natural Choice Contracting, West Youngsville, NC - Bid $ $151,200 - Power Mulch Inc, Smithfield, NC - Bid $143,073 - Cason Companies Inc, East Flat Rock, NC - Bid $141,750 - Following review of bids by City staff, Synergy Sports Charlotte LLC was selected as the lowest responsible, responsive bidder. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned business enterprises (MWBE) through solicitation processes which include posting on the State’s Interactive Purchasing System, targeted outreach with the City’s Business Inclusion Manager. One Women Owned Business submitted a bid, but was not the lowest bid.  Pro(s): - Ensures compliance with playground safety standards for mulch. Con(s): - None Fiscal Impact: - Funding for this purchase has been previously approved and is available for expenditure in the Asset Management Contracted Services line item.","c":"Parks & Recreation","mo":"consent_batch","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-09-22","mt":"regular","id":"NB-A","ref":"RES 20-169","it":"resolution","t":"Resolution approving a $1.1 million Housing Trust Fund loan to The Juna Group","desc":"Community Development Programs Director Paul D’Angela said that this is a request by The Juna Group Inc. to utilize a Housing Trust Fund Loan of $1.1M to construct 11 affordable single family homes on property located at Alice Clement Lane in the Oakley area. Background: - Al Clement d/b/a, the Juna Group Inc., an African American Developer, has proposed the development of 11 single family homes available to be sold to individuals and families at or below 100% of the Area Median Income (AMI) on a 1.1 acre parcel (each home .10 acre) to be constructed on “Alice Clement Lane”, currently known as Shakedown Street, (PIN #9657-88-4092) in the City of Asheville, directly off Broadview Street. All 11 homes are intended to be at least 3 bedrooms, 2 full baths and approximately 1300 sq. ft. - Beginning in 2017, Al Clement purchased 4.8 acres, with 2.6 of the acres buildable. - Plans were submitted to the City of Asheville to develop 19 lots on the 2.6 acres. - Approval was received June, 2018, and in July, 2018, construction began on infrastructure. - The Infrastructure and eight of the homes are either complete or will be completed soon. - The developer is requesting Housing Trust Fund dollars for the remaining eleven homes. - The Juna Group Inc. consists of Al Clement, owner, and his brother David Clement, Project Manager. Proposal: - The developer seeks a loan of $1,100,000 from the City’s Housing Trust Fund (HTF). The Juna Group Inc. needs this funding, $100,000 per home, to complete Phase 2 of 5 homes and Phase 3 of 6 homes for a total of 11 single family homes. - The Juna Group Inc. is committing the property, the remaining 11 lots of 1.1 acres, (valued at $770,000) as equity. - The Juna Group Inc. proposes to borrow $1.1M over a period not to exceed 2 years at 1% annual interest rate, with no payments due until the full payment is due, maximum 2 years. - Units will be made available to qualified affordable individuals and families with a sale price of approximately $275,000, a sales figure that can work with a 100% AMI family. - However, the developer with assistance from City staff, will attempt to find buyers below 100% AMI, down to 80% AMI, that can qualify for these 11 homes with the help of Down Payment Assistance Programs. - The developer is committed to finding individuals and families, in partnership with the City and other agencies like Habitat for Humanity and affordable housing lenders, between 80%-100% to purchase these homes. - The homes will come with a deed restriction of affordability for 10 years, meaning if the home is sold within that time period, the owner will sell it to another income qualified family at or below 100% AMI. - The City will work in partnership to help find buyers that qualify and a sales figure that works. - The developer has requested that if a qualified individual or family between 80% - 100% AMI can not be found within 6 months of the issuance of the Certificate of Occupancy, the developer can move to find an individual or family at or below 120% of AMI to purchase the home. Staff is committed to assisting in the marketing effort of the home and finding a qualified buyer between 80%-100% AMI.  Committee(s): - HCD - August 18, 2020 - Unanimously approved Pro(s): - The project produces 11 homes for individuals and families at between 80% - 100% AMI at a location near the City’s core, with good access to transit and essential services. - The developer has successfully completed Phase 1 of Alice Clement Lane and demonstrated capacity with both Community Development and Development Services. - Working with the Juna Group Inc. shows the City of Asheville’s commitment to working with other developers, including for-profit developers, to be a part of the solution to affordable housing, both rental and homeownership. - Affordable homes sold to individuals or families between 80% - 100% AMI at a sales price that better aligns with the incomes and wages produced in Asheville allows residents to have an opportunity to build wealth with homeownership. - HTF loans for homeownership allow the funds to be paid back much quicker, at either the sale of the home, or a limited time period like 2 years. - An affordability period of 10 years helps protect the City’s investment in affordable housing. Con(s): - Loan amount per unit is above the Housing Trust Policy’s recommendation of $20,000 per unit. - The affordability period is just 10 years.  Fiscal Impact: - The project would require $1,100,000 from the City’s HTF. Mr. D’Angelo said that after doing some research, it shows only 40 homes for sale in the City of Asheville under $275,000, with an average & median price above $550,000 for all 303 listings. Outside of Habitat, who builds maybe 15 to 18 homes a year, Mountain Housing Opportunities who helps with DPA, maybe 24 homes a year, and now the CLT, we have no solution on the table for homeownership. We need more local, infill developers to help us out. This is hard to make the numbers work. This will help expand the pool of developers. The Juna Group is a local and infill developer. Mr. Al Clement, developer, thanked City Council for their support so far. He explained how home ownership can be a powerful tool to lift people up. He will continue to work with Mr. D’Angelo to get the $275,000 down, but noted that as soon as someone moves in, they will already have equity in the home. He has reached out to the Asheville-Buncombe Community Land Trust, OnTrack Financial and Habitat for Homes to help find people who may qualify for these homes, along with banks who are familiar with down payment assistance programs. Councilwoman Mayfield suggested Mr. Clement also reach out to the Housing Authority who has a home ownership program. Vice-Mayor Wisler supported home ownership, but could not support the project without a guarantee of lower than 100% AMI. She was troubled by the idea of allowing the option for 120% since that does not fit in our Affordable Housing Policy. She was also troubled by the fact that the collateral is less than the loan value. And mostly she was concerned about the 10 year affordability. Mr. D’Angelo said that he spoke with Mr. Clement and they agreed not to put anything in any of the loan documents about the 120% AMI request after 6 months. He said he has been speaking to Mr. Clement for 14 months and he has been committed to trying to be part of the solution on affordable housing. He could not tell you how hard affordable housing is, let alone affordable for homeownership. The number of units currently for sale speak for themselves. We are making great headway in rental, with over 420 units he believed over the past 18 months. We still need many more. But regarding homeownership, we need to think creatively and effectively to get more homes for sale and he thought this is a very good start. He also believed we can protect our investment with oversight. Mayor Manheimer announced that there were no advanced live call-ins for this matter. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Mayfield","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"contested vote","sq":12},{"d":"2020-09-22","mt":"regular","id":"NB-B-170","ref":"RES 20-170","it":"resolution","t":"Resolution appointing members to the Affordable Housing Advisory Committee","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Affordable Housing Advisory Committee. The terms of Dewanna Little, Parker Smith, Randall Barnett, Barry Bialik and Leslie Hennessee’s expired on September 1, 2020. The following individuals applied for the vacancy: Paul Holstein, Brian Methvin, Shannon Watkins, Michael Figura, T. Cory Lewis, Tyson Bowman, Thomas A. Christ, Drew Crawford, Rodrigo Afanador, Damita Jo Wilder, Eric Howell, Michael G. Waddle, Joshua Katz, ZaKiya Bell-Rogers, Henry Sannyasa, Scott Adams, Cyd Jaggers, Chris Woodward and DeLores Venable. Boards & Commissions Committee recommended reappointing Dewanna Little, Parker Smith and Barry Bialik; and appointing Brian Methvin and Scott Adams.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2020-09-22","mt":"regular","id":"NB-B-171","ref":"RES 20-171","it":"resolution","t":"Resolution appointing members to the (commission)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Citizens-Police Advisory Committee. Kaaren McNulty (south representative) has resigned as a member of the Citizens-Police Advisory Committee, thus leaving an unexpired term until June 30, 2020. In addition Shana McDowell (at-large representative) has resigned, thus leaving an unexpired term until June 30, 2022. In addition, the terms of Blake Marcus (north representative) and Jerry Kivett (central representative) expired on June 30, 2020. The following individuals applied for the vacancy: Cathy Banks, Tracey DeBruhl, David Angelus, Barbara Wright, Anthony Coggiola, Mary Ammerman, Tim Kelley, Damita Jo Wilder and Michael E. Beech. The Boards & Commissions Committee recommended appointing Damita Jo Wilder as the south representative, Barbara Wright as the central representative, and Michael Beech as the at-large representative. In addition, the Committee recommended reappointing Blake Marcus as the north representative.","c":"Public Safety","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"policy category","sq":14},{"d":"2020-09-22","mt":"regular","id":"NB-B-172","ref":"RES 20-172","it":"resolution","t":"Resolution appointing members to the (commission)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission. The terms of Corey Atkins and Yvonne Cook-Riley expired on June 30, 2020. The following individuals applied for the vacancy: Lee Arevian, John W. Ellis, Steven M. Howard, Tony Micocci, Mukunda Pacifici, Sandy Aldridge, Nicole Lee and Josh Batenhorst. Boards & Commissions Committee recommended reappointing Corey Atkins and appointing Nicole Lee.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"no material signals","sq":15},{"d":"2020-09-22","mt":"regular","id":"NB-B-173","ref":"RES 20-173","it":"resolution","t":"Resolution appointing members to the (commission)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Asheville-Buncombe Historic Resources Commission. Craig Cline and Gordon McKinney have resigned, thus leaving two unexpired terms until July 1, 2022. In addition, Ed Flowers has resigned, thus leaving an unexpired term until July 1, 2021. The following individuals applied for the vacancy: Lucy A. Kruesel, J. Wagner and Amanda Vollrath, Sara Gardner, Maggie Brousaides, Sioux Oliva and James Vaughn. The Boards & Commissions Committee recommended appointing James Vaughn, Sara Gardner and Maggie Brousaides..","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"no material signals","sq":16},{"d":"2020-09-22","mt":"regular","id":"NB-B-174","ref":"RES 20-174","it":"resolution","t":"Resolution appointing members to the (commission)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Cultural Commission. The terms of Jasmine Washington, Andrew Fletcher, Jay Fields, Katie Cornell, Valeria Watson and Pete Perez expired on June 30, 2020. The following individuals applied for the vacancy: Anne Manner-Mclarty, Marsha Almodovar, Daniele Martin, Nathaniel Wyrick, Christian ODonnell, Hilary Chiz and Michael G. Waddle. Boards & Commissions Committee recommended reappointing Jasmine Washington, Andrew Fletcher, Katie Cornell, Valeria Watson and Pete Perez; and re-advertising for the last vacant seat.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"no material signals","sq":17},{"d":"2020-09-22","mt":"regular","id":"NB-B-175","ref":"RES 20-175","it":"resolution","t":"Resolution appointing a member to the WNC Air Quality (board)","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the WNC Air Quality Board. The term of Dean Kahl expired on July 1, 2020. On August 25, 2020, the Boards & Commissions Committee recommended re-advertising for the vacant seat. The following individuals applied for the vacancy: Garry Whisnant., Robert H. Lane, Evan Couzzo and Drew Ball. The Boards & Commissions Committee recommended appointing Evan Couzzo.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":0,"mr":"no material signals","sq":18},{"d":"2020-09-22","mt":"regular","id":"NB-C","ref":"ORD 4828","it":"ordinance","t":"Ordinance extending the temporary moratorium (expiring no later than February 23, 2021)","desc":"Mayor Manheimer said that this public hearing was held on September 8, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After receiving additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2020-09-22","mt":"regular","id":"NB-D-adopt","ref":"ORD 4829","it":"ordinance","t":"Budget amendment regarding the fiscal year (public safety reimagining), adopted as presented","desc":"City Manager Campbell said Assistant Finance Director of Finance Budget & Forecasting Tony McDowell will provide you with an overview of the budget process; give a brief financial update; present the FY 2020-21 Manager’s recommended budget amendment (reimagining public safety; and investment recommendations); and explain the next steps for the FY 2021-22 budget process.  Mr. McDowell said that this is the consideration of an ordinance amending the FY 2020-21 annual budget to provide City departments with a full year of operational funding. Background: - On July 30, 2020, City Council adopted the Fiscal Year (FY) 2020-21 annual budget ordinance with each department receiving funding in its budget for operations through the end of September, with the remaining budget being held in reserve in non-departmental. - Over the last two months, the City Manager’s Office has completed a community engagement process to evaluate investments in the Asheville Police Department, other City departments, and various community programs. - Influenced by the input from the community engagement process, staff is recommending the amendment to the FY 2020-21 budget ordinance. - The budget amendment includes the reallocation and reinvestment of approximately $770,000 from the Proposed FY 2020-21 Police Department budget that was presented to City Council in May 2020. - Specific prioritized recommendations are based on the initial review of the survey results, other communications and engagement efforts (open data initiative), and on what we can do and do well right now. - Focus areas for initial reinvestment/reallocation are outlined below. a. Nuisance Response:","c":"Public Safety","mo":"individual","mv":"Wisler","sec":"Mayfield","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"contested vote","sq":21},{"d":"2020-09-22","mt":"regular","id":"NB-D-deny","ref":"ORD 4829","it":"ordinance","t":"Motion to deny the budget amendment regarding the fiscal year (public safety reimagining)","desc":"City Manager Campbell said Assistant Finance Director of Finance Budget & Forecasting Tony McDowell will provide you with an overview of the budget process; give a brief financial update; present the FY 2020-21 Manager’s recommended budget amendment (reimagining public safety; and investment recommendations); and explain the next steps for the FY 2021-22 budget process.  Mr. McDowell said that this is the consideration of an ordinance amending the FY 2020-21 annual budget to provide City departments with a full year of operational funding. Background: - On July 30, 2020, City Council adopted the Fiscal Year (FY) 2020-21 annual budget ordinance with each department receiving funding in its budget for operations through the end of September, with the remaining budget being held in reserve in non-departmental. - Over the last two months, the City Manager’s Office has completed a community engagement process to evaluate investments in the Asheville Police Department, other City departments, and various community programs. - Influenced by the input from the community engagement process, staff is recommending the amendment to the FY 2020-21 budget ordinance. - The budget amendment includes the reallocation and reinvestment of approximately $770,000 from the Proposed FY 2020-21 Police Department budget that was presented to City Council in May 2020. - Specific prioritized recommendations are based on the initial review of the survey results, other communications and engagement efforts (open data initiative), and on what we can do and do well right now. - Focus areas for initial reinvestment/reallocation are outlined below. a. Nuisance Response:","c":"Public Safety","mo":"individual","mv":"Haynes","sec":"Smith","r":"failed","ta":"2-5","cf":"high","u":"https://drive.google.com/file/d/1kb9o0g1ySK_EtX0OnQevdmbIQn3hvb1n/view?usp=sharing","mat":1,"mr":"contested vote","sq":20},{"d":"2020-10-13","mt":"regular","id":"B","ref":"RES 20-176 / ORD 4830","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment for the climate (program)","desc":"","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-10-13","mt":"regular","id":"C","ref":"RES 20-177","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - Verizon has been one of two tenants on the City-owned Royal Pines Cell Tower located at 57 Crestwood Drive. - The City has its own public safety communications equipment on the tower. - Verizon has been leasing a portion of the tower since 2009. The current license agreement expired at the end of September 2020. - A recent Structural Analysis has shown that the tower is near maximum capacity and equipment upgrades recently requested by Verizon could not be installed. - Verizon has decided to relocate to a tower owned by Duke Energy in the vicinity but the transition period could be as long as two years. - Staff recommends allowing Verizon to stay on the tower during the transition period, with an extension of the existing agreement for 2 years..  Committee(s): - None Pro(s): - The presence of Verizon on this tower strengthens the signal for the many users of Verizon in the city. - Allowing Verizon to remain on the tower during the transition will give the City time to plan for the tower usage after they relocate. Con(s): - None Fiscal Impact: - The City receives approximately $3,666.67 per month or $44,000 per year in revenue.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-10-13","mt":"regular","id":"D","ref":"RES 20-178","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The North Fork Clearwell (water storage tank) was constructed in 1976 and has a five (5) million gallons of water capacity. - Inspection of baffle curtains confirmed significant deterioration. The baffle curtains are critical for attaining required disinfectant contact time within the clearwell to meet regulatory requirements. - The baffle curtains are beyond repair and must be replaced. - Inspection discovered minor needed repairs to the clearwell roof, vents, and other equipment. - The requested change order includes both structural engineering and complete repair costs. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - The North Fork Water Treatment Plant will more easily be able to meet the EPA and State requirements for Giardia & Cryptosporidium Con(s): - The North Fork Water Treatment Plant clearwell has a capacity of the five (5) million gallons. To meet EPA and State requirements for Giardia & Cryptosporidium the clearwell has had to be maintained at a higher capacity level and limits operational flexibility. Fiscal Impact: - Funding for this repair will come from Water Resources Capital Improvement Program (CIP) funding that is already budgeted.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-10-13","mt":"regular","id":"E","ref":"ORD 4831","it":"ordinance","t":"Budget amendment from the federal (funds)","desc":"TRANSIT ADMINISTRATION FOR SECTION 5339(b) FUNDS TO BE USED TO IMPROVE AND ENHANCE BUS STOPS IN THE SERVICE AREA  Background: - On March 24, 2020, the City Council adopted Resolution No. 20-137 authorizing the City Manager to apply for, and accept if awarded, grant funding from the FTA FY2020 Buses and Bus Facilities discretionary grant program. - The City applied for, and was awarded $1 million, in grant funds for the purpose of improving bus stops in the service area. - Improvements will be prioritized at high-ridership stops and stops serving vulnerable communities. Improvements might include bus shelters, benches, solar lighting, and ADA accessibility improvements. - The local match for the grant award will come from multiple sources, including remaining City approved General Obligation (GO) Bond funds for bus stop improvements ($62,000), unspent funds provided via development project conditional approvals ($40,000), and previously budgeted funding in the Transit Capital Fund ($148,000). - Staff is also expecting to receive donations from partner associations; these donations would be used to lower the required contribution from the Transit Capital Fund.  Committee(s): - None Pro(s): - Project funding is provided by the FTA and will help support improvements of transit amenities in the service area. Con(s): - The grant requires a 20% local match for the acquisition and installation of transit amenities, and a 10% match for ADA accessibility improvements. Fiscal Impact: - As noted above, there is a required local match of 20% and 10% depending on the specific types of improvements implemented. The maximum required local match is $250,000. The sources for the local match are discussed above.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-10-13","mt":"regular","id":"F","ref":"RES 20-179","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The United States Environmental Protection Agency is scheduled to pass (fall of 2020) the new Lead & Copper Rule Revisions which will require a data management platform that has the ability to cohesively manage all required Lead and Copper Tap Monitoring, Primacy Agency & Customer Results Reporting, Service Line Inventory, and Lead Service Line Replacement in the Water System. - 120Water is a digital water company that provides data management along with sample kits, analysis, and assistance with public education. - 120Water has a data management platform that manages all areas of the new rule revisions. - 120Water will provide the required sampling kits, laboratory analysis, and provide assistance with public educational outreach. - The revisions require water purveyors to not only manage the water distribution system side of the water meter service line, but also requires research and monitoring of service line piping material to the home and provide customer education if a lead line is found to be on the customer or utility side of the water meter. - Staff has taken a proactive approach in preparing for the Lead & Copper Rule Revisions. - A Request for Proposals for required services was issued on June 15, 2020. - Proposals were received on August 13, 2020. - The Lead and Copper Coordination Team reviewed proposals on August 21, 2020. Three firms responded: - 120Water - Zionsville, IN - Camanse - Arden, NC - Miracle Software Systems - Novi, MI 120Water was selected as the most qualified firm to provide the required services. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor.  Committee(s): - None Pro(s): - Ability to continue compliance with Federal and State regulations - 120Water has ongoing experience with large water utilities throughout the United States. - 120Water has proactively prepared these utilities for the new lead and copper provisions. - Data platform will allow public access to easily consumable and transparent data. Con(s): - Failure to adopt resolution will result in difficulty complying with Federal and State regulations. Fiscal Impact: - Three year contract with the option to renew for an additional two years. - The Water Resources Department currently has the funds to encumber the yearly contract amount of $163,770.94 in its operating funds.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-10-13","mt":"regular","id":"G","ref":"RES 20-180","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City’s Stormwater Division has a capital improvement project planned for 2021 in the City’s Kenilworth neighborhood. - The City has obtained all required easements needed to complete its Kenilworth stormwater project except for one along the edge of real property located at 2 Springdale Road. - This property is shown as lots 12 and 13 of Block K on a plat recorded at Plat Book 154, Page 109A in the Buncombe County Register of Deeds Office. - Regina Tate owns the property at 2 Springdale Road. She has not responded to any of the City’s attempts to contact her regarding the easement needed to facilitate the stormwater project. - To date, three separate City departments have attempted to make contact with Ms. Tate. - In order to maintain the project schedule, obtaining the easement via eminent domain is the only option available to the City. - The City will deposit with the Clerk of Court the value of the easement which will be available to the property owner at any time. - The easement needed at 2 Springdale Road is immediately adjacent to the City’s right of way and is entirely within an unbuildable setback. As such, the City’s condemnation of the needed easement will only minimally disturb Ms. Tate’s use of the property.  Committee(s): - None Pro(s): - Will facilitate the completion of a needed stormwater improvement project. Con(s): - Will result in the commencement of an eminent domain action against a citizen. Fiscal Impact: - The expected value of the needed easement is less than $5,000 which is included in the project budget for the subject stormwater improvement project.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-10-13","mt":"regular","id":"H","ref":"RES 20-181","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City of Asheville entered into a contract with Smarking, Inc. during November 2018 at a contract value of $29,500 for real-time data aggregation and predictive data analytics services. - The original contract included two, one-year renewal terms. - The first renewal term was executed with an effective date during November 2019 at a contract value of $33,175 which increased the total contract value to $62,675. - The annual cost has increased from the initial contract due to the addition of several parking facilities since the contract was first executed. - Smarking provides Parking Services with real-time monitoring of all of our parking facilities, and tracks metrics including usage, revenue, and future demand. - The analytical capabilities of the Smarking system are critical in Parking Services operational response. Vendor Outreach Efforts: - N/A - This is a current contract.  Committee(s): - None. Pro(s): - Enables the City to continue to use data to inform procedures and decision-making. - Enables Parking Services to maintain a healthy operating status in spite of financial challenges presented by COVID-19. Con(s): - None Fiscal Impact: - The required funds are included in the current Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-10-13","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to amend the U.S. Dept. of Housing & Urban Development plan (continued)","desc":"5-Year Consolidated Action Plan until November 10, 2020. This motion was seconded by Councilwoman Mayfield and carried unanimously by roll call vote.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2020-10-13","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to a previously approved conditional zoning (Ordinance No. 4570) at 236 Charlotte St / 336 Hilliard St (recessed)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an amendment to a previously approved conditional zoning approval (Ordinance No. 4570) for property located at 236 Charlotte Street and 336 Hilliard Street to modify the site plan to reflect the right-of-way closure of Lennox Court and to make changes to the site and building footprint at the Hilde's House infant care facility. This public hearing was advertised on October 2 and 9, 2020. Project Location and Contacts: - The project site consists of two parcels located at 236 Charlotte Street and 336 Hillside Street (PINs 9649-54-9873 and 9649-54-7812). - Owner / Petitioner: Jewish Community Center Foundation of Asheville; Contact: Michael Mitchell Summary of Petition: - The applicant is requesting to expand an existing day care building (called “Hilde’s House” and located at 336 Hillside Street) at the Jewish Community Center (JCC) main campus. - The expansion includes a new ramp for accessibility, enlarged side porch and a small increase to heated area. - The proposal includes a new accessible parking space behind the building and a new driveway cut onto Murdock Avenue to allow for egress only. - The subject parcels were conditionally-zoned by City Council on March 28, 2017, under ordinance number 4570, for the expansion of the JCC main campus building (located at 236 Charlotte Street), the use of the property at 336 Hillside Street for the infant day care (Hilde’s House), and minor site improvements. Most of the work included in the approval has been completed. - An amendment to the previously approved conditional zoning and related site conditions is required due to the requested site plan changes. - This amendment also includes the closure of a driveway through the JCC main campus building site (located at 236 Charlotte Street) from Lennox Court to Hillside Street, thereby ceasing its use by the general public through this private property. - The action by City Council to formally close a portion of the Lennox Court right-of-way was granted by Council in 2019 under resolution 19-266 but the site plan approved in the ordinance did not show closing off vehicular access. - This amendment formalizes the site plan which was not part of the previous conditional zoning approval. - The project maintains all of the conditions that were approved in the previous ordinance and includes the following new conditions: - The separation of the driveway from the property lines on Murdock and Hillside will be as shown on plans (less than the standard 10 foot spacing required). This design would be similar to the residential development pattern in the neighborhood. - The width of the driveway will be approximately 12 feet on Murdock and maintain approximately nine feet on Hillside as shown on plan (less than the width standard of 24 feet for a non-residential use). This change also mirrors the residential development pattern in the neighborhood. - Condition number three is amended to indicate that access to the JCC main campus site will no longer be from Lennox Court. - Condition number four is amended to note that parking spaces at Hilde’s House will be available for both staff and visitors. Committee Review: - The Planning & Zoning Commission considered this request at their meetings on September 2 and September 23, 2020, and discussed concerns regarding the new egress connection onto Murdock and the turning radius having possible conflicts with on-street parallel parking spaces. - The Commission voted 6-1 at the second meeting to support the amendment but with a recommended condition that the driveway onto Murdock would be right-turn out only. The applicant was agreeable to this condition and it has been reflected in the B.1 Conditions. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that the project site is within the areas designated as Neighborhood Center and Traditional Neighborhood in the Future Land Use map, which anticipates non-residential community-focused activity. - This section of the Plan specifically mentions community centers and other small-scale uses with an emphasis on pedestrian scale and walkability. Compatibility Analysis: - The community center and child care uses are currently in place and have been operating on this site for many years, providing services to the neighborhood and larger community. - The buildings and uses are considered to be compatible with the development along the corridor and scaled down, transitioning into the neighborhood. - The physical changes included in this amendment address accessibility and access concerns and are designed to keep with the character of the residential area.  Committee(s): - Technical Review Committee (TRC) - April 6, 2020 - approved with conditions - Planning & Zoning Commission - September 2 and 23, 2020 - recommended approval 6-1 Staff Recommendation: - Staff recommends approval of this amendment and finds that the proposal allows for upgrade and expansion of the child care center and better management of vehicular access on both sites. In summary, (1) Master plan for the JCC campus approved by Council in 2017 (ordinance 4570); (2) Council approved a right-of-way closure for Lennox Court in 2019 that modified access to the Charlotte Street parcel; (3) Specific conditions in the 2017 approval limit ability for expansion or improvement of Hilde’s House infant day care site; and (4) This amendment allows for changes to the building, parking and site access for Hilde’s House and formalizes the current, changed parking lot access configuration for the main campus site. Ms. Ashley Lasher, representing the applicant, gave a brief history of the facility, the quality of the program; and the reputation of the Shalom Children’s Center. They want to renovate Hilde’s House in order to (1) maintain home/neighborhood environment; (2) facilitate implementation of licensing requirements; (3) create uninterrupted sight-lines for supervision; (4) improve ADA accessibility; (5) improve security; and (6) reduce impact of pick-up/drop-off traffic on the community, increasing safety of participants. Ms. Suzanne Godsey, representing the applicant’s design team, showed the site plan of the existing Hilde’s House, along with the proposed site plan. Ms. Wendy Legerton, representing the applicant’s design team, showed the proposed floor plan and the proposed overall 3D view. They asked for Council’s support in the amendment to the conditional zoning. Mayor Manheimer opened the public hearing at 6:10 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":8},{"d":"2020-10-13","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to amend the Unified Development Ordinance Articles II, III, V, VIII, VIX (Historic Preservation) (recessed to Oct 27, 2020)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":9},{"d":"2020-10-13","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to amend the Unified Development Ordinance Articles II, XII, XVIII (enforcement and definitions) (recessed to Oct 27, 2020)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":10},{"d":"2020-10-13","mt":"regular","id":"IV-E","ref":"","it":"public_hearing","t":"Public hearing to consider updates to the 2020-21 Action Plan (continued to Oct 27, 2020)","desc":"","c":"Housing","mo":"public_hearing","mv":"Smith","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"continuance","sq":11},{"d":"2020-10-13","mt":"regular","id":"V-A","ref":"RES 20-182","it":"resolution","t":"Resolution to permanently close a portion of an unopened right-of-way known as Gayle Street","desc":"Mayor Manheimer said that this public hearing was held on September 22, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Haynes","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2020-10-13","mt":"regular","id":"V-B","ref":"ORD 4832","it":"ordinance","t":"Ordinance amending a previously approved conditional zoning for the Coxe/Asheland/Federal Alley mixed-use development","desc":"At the request of Mayor Manheimer,","c":"Zoning & Land Use","mo":"individual","mv":"Mosley","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2020-10-13","mt":"regular","id":"V-B-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer due to conflict of interest on conditional zoning amendment (Ord. 4832)","desc":"At the request of Mayor Manheimer,","c":"Zoning & Land Use","mo":"procedural","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1zXOl9zydjIzYZMaszCKW6-nTI4PcDRuO/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2020-10-27","mt":"regular","id":"B","ref":"RES 20-183 / ORD 4833","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment in the special fund","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-10-27","mt":"regular","id":"C","ref":"RES 20-184","it":"resolution","t":"Resolution directing the City Manager to suspend the sale or change in zoning/use of any City property acquired through urban renewal until further policy direction","desc":"This item was removed from the Consent Agenda to be voted on separately.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Mayfield","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"contested vote","sq":8},{"d":"2020-10-27","mt":"regular","id":"D","ref":"RES 20-185","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - This request for assistance in naming two unnamed streams is from RiverLink, a regional not-for-profit dedicated to promoting the environmental and economic vitality of the French Broad Watershed. - RiverLink runs a “Name that Stream” program. - The United States Geological Survey requires local government authorization in order to officially name any streams or waterbodies. - RiverLink worked with the community earlier this year to identify potential names for two unnamed streams. - The Stream A runs through Erskine, AB-Tech, and Southside Neighborhoods to the French Broad River. - Stream B runs through the Haw Creek neighborhood and flows into the Swannanoa River. - RiverLink held the following engagement process to ensure stakeholders in the community were involved: - Informational flyers that included a request for potential names were distributed to all residents whose property bordered the streams. - The submitted names were collected by RiverLink and an online poll was created where all community members in Asheville could vote for their favorite name. - Votes were also accepted by mail and email. - RiverLink made the Asheville community aware of the naming campaign through social media, flyers, and by posting information on the surrounding neighborhood's NextDoor and Neighborhood Association pages. - The winners of the online poll for Stream A) Haith Branch and B) Masters Branch. - Haith branch honors Lacy T. Haith, a civil rights leader and educator who worked in Asheville City Schools from 1937-1972. - Haith Drive, nearby, is also named after Lacy T. Haith. - Masters Branch honors Rory and Hazel Masters, Haw Creek community members who looked to preserve area farming traditions and donated land for the Haw Creek Volunteer Fire Department. - Masters Park, nearby, is also named after Rory and Hazel Masters.  Committee(s): - This item was heard at the September 21, 2020, Asheville Area Riverfront Redevelopment Commission meeting where it was approved unanimously 11:0. Pro(s): - Naming of streams supports community self- identification and can help promote ecological stewardship and preservation efforts. Con(s): - None identified Fiscal Impact: - None","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-10-27","mt":"regular","id":"E","ref":"RES 20-186","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The Walton Street pool foundation is leaking and the mechanical system components had a major failure making the system inoperable and doubtful for next summer’s operations. - The 2017 Swimming Pool Assessment recommended the Walton Street Pool replacement as the highest priority of all the City pools. - The professional consultant conclusion was that Walton Street Pool has seen its useful life and needs to be replaced. - The report determined that renovation options are not practical. - The available budget of $1.8 million will support the design and construction of a pool in conjunction with the construction of the Grant Center Expansion. - Key stakeholders were contacted one-on-one earlier this month to inform them on - 1) the inoperable status of the current pool at Walton Street Park - 2) to share plans for the location of a new pool at the Grant Center property and - 3) intent to develop a community-supported planning process for future improvements that will create a unified community space at Walton Street Park - Recognizing the historical significance of Walton Street Park and Pool to the African American Community for the past 82 years, starting in November 2020, the City will work with the Southside community to develop an inclusive Walton Street Park plan that preserves the history of the park and incorporates the historical significance of the park in the improvements. - The Office of Equity & Inclusion, CAPE, and Parks & Recreation will work with the Southside community on the conceptual planning and design of Walton Street Park that will start in November with a community forum. - Based on an RFQ in February 2018, a selection committee reviewed qualifications of eight firms and interviewed three firms in May 2018. - The design team led by Clark Nexsen was unanimously selected as the most qualified for the scope of services required including pool design and engineering. - A $170,000 amendment to the existing Clark Nexsen design contract (#9200196) is required to incorporate the design and engineering of the pool at the Grant Center. - Grant Center Projected Timeline: Design: Present - February 2021 Bidding: March 2021 Contracting: April 2021 Groundbreaking/Construction: May 2021 - August 2022 Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Two Women-Owned Firms submitted qualifications for consideration. - The selected team will be utilizing one Women-Owned subconsultant.  Committee(s): - Recreation Advisory Board, September 9, 2019 - informational only Pro(s): - Allows design work to proceed on the project funded in the Capital budget to provide a community pool to serve the Southside community. - Building the pool at the Grant Center will allow for a reduction in design fees, construction costs, and operational costs to the City. - Facility improvements will be designed to increase equitable access to community and recreation services for current and future residents through a public community engagement process. - Provides the City an opportunity to recognize the significant history of the Southside community. Con(s): - Will delay the bidding and construction start date for the project.  Fiscal Impact: - Funding for this contract amendment already exists within the currently approved Capital Improvement Program (CIP).","c":"Parks & Recreation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-10-27","mt":"regular","id":"F","ref":"RES 20-187","it":"resolution","t":"Resolution amending the 2020 City (action plan/policy)","desc":"","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-10-27","mt":"regular","id":"G","ref":"RES 20-188","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - Apply for grant funds for outreach and education efforts to increase backyard and community-based composting. - Outreach efforts will include: - Backyard composting instructional mailer - Brochures, stickers, and posters - Fifty (50) Backyard compost and 600 kitchen countertop bins will be purchased and distributed through this grant - Social media promotion - DEACS Grant recipients are required to provide a match equal to or exceeding 20% of the requested grant funds. - Grant activities and funds will be utilized in collaboration with FY21 Service Contract with Asheville Greenworks for community compost education and outreach activities.  Committee(s): - None Pro(s): - Helps support the City's waste reduction goal while leveraging state funding. Con(s): - This is a one time grant. Over the last 4+ years, the Office of Sustainability contracts with Asheville GreenWorks for $30k to implement environmental education outreach which includes recycling and composting workshops. Fiscal Impact: - If awarded, the City will be required to provide a match of $3,600, or 20% of the requested grant funds of $18,000, totaling $21,600 for the project. - The match will be covered using available funds in the Sanitation Division and Sustainability operating budgets.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-10-27","mt":"regular","id":"H","ref":"RES 20-189","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - Audiovisual upgrades are needed to the existing system in the First Floor Conference Room to: - Improve digital interaction between committee members and presenters - Provide committee members, audience members, and livestream audiences the ability to view both presentations and related materials from committee and commission-member Chromebooks to proposed 86” large-screen displays - Improve the room’s sound quality, and improve audio recording capabilities - Solutionz, Inc. (formerly Unified Technology Systems) engineered and installed the City’s current digital broadcast system, with associated audiovisual equipment in the First Floor Conference Room including a new projection system for displaying live broadcasts of City Council meetings, an audio distribution system for City Council meeting broadcasts and for integration with the room’s 15 dais microphones, a Crestron touch-screen tablet controller with coded programming to provide remote switching of the City’s cable broadcast signal to the projection system, remote control of the projection system, and remote volume control of cable broadcasts and of dais microphones. - As part of the digital broadcast system, the First Floor Conference Room is used as an overflow room enabling City Council meeting attendees to view live proceedings of meetings on the City’s Charter Cable channel 193. The First Floor Conference Room is also the location of several Council committees and Council-appointed boards & commission meetings. - Solutionz, Inc. continues to service and upgrade equipment related to the City’s digital broadcast system, including equipment in the First Floor Conference Room, per an existing 5-year Service Agreement. - The cost of audiovisual upgrades to the First Floor Conference Room is approximately $37,000. Vendor Outreach Efforts: - Due to the need for compatibility with digital broadcast system equipment, and the need to maintain viability of our existing Service Agreement, Solutionz, Inc. is the vendor best positioned to recommend, engineer, and install audiovisual upgrades consistent with existing equipment in the First Floor Conference Room. Therefore, sole source authorization is being requested.  Committee(s): - None Pro(s): - Solutionz, Inc. will recommend equipment that will work and be compatible with existing audiovisual components already installed in the First Floor Conference Room. - Solutionz, Inc. wrote the code to program the Crestron Control tablet that operates dais mics, the projection system, and accesses the City’s cable channel in the First Floor Conference Room. Additional code will need to be written for the Crestron Control tablet to operate new audiovisual equipment in the room that integrates with Solutionz, Inc.’s existing code. - In the interest of keeping the Service Agreement intact relative to the Crestron Control tablet, it benefits the City to have Solutionz, Inc. perform audiovisual upgrades to the First Floor Conference Room. - Benefits of the upgrade will include better sound quality in the room and much improved visual quality of presentations and of live City Council proceedings for overflow attendees of meetings. Con(s): - If another vendor updates code for the Crestron Control tablet, there is no assurance that it will be compatible with the current programming. - If another vendor updates code for the Crestron Control tablet, it may invalidate our Service Agreement relative to the Crestron Control tablet. Fiscal Impact: - Funding for this purchase is to be provided by non-departmental general funds.","c":"Boards & Appointments","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-10-27","mt":"regular","id":"I","ref":"ORD 4834","it":"ordinance","t":"Budget amendment to move budget from (fund)","desc":"Background: - The broadcast server for the Asheville City Channel is no longer working and must be replaced. - The broadcast server records City Council meetings, directs live broadcasts to the Asheville City Channel, stores Council meeting video files and video files of original content created by the City, and enables the Asheville City Channel to schedule and provide daily programming of that video content. - The total cost of replacing the broadcast server is approximately $25,000. - As the operator of a certified Public, Educational, and Governmental (PEG) television channel, the City receives funding from the State of North Carolina via the Video Programming tax distribution to fund maintenance of television station equipment. - Staff has identified $10,000 in available PEG funds to partially cover the cost of replacing the server. The remaining $15,000 will come from previously budgeted funds in the Community & Public Engagement (CAPE) Department’s General Fund budget and from funds set aside for upgrades to the 1st Floor Conference Room. - In order to consolidate the budget in the City’s Special Revenue Fund where PEG funding is recorded, a technical budget amendment is needed to move the $15,000 from the General Fund to the Special Revenue Fund.  Pro(s): - Provides funding in one consolidated budget for the replacement of critical Government TV equipment. Con(s): - None. Fiscal Impact: - This technical amendment simply involves moving a previously approved budget from one fund to another.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-10-27","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider updates to the 2020-21 Action Plan (continued)","desc":"Community Development Programs Director Paul D’Angelo said this is the consideration of updates to the 2020-21 Action Plan to include the allocation of $154,711 in Community Development Block Grant contingency funds and the reallocation of an estimated $1.1. million in HOME Investment Partnerships Program funds. This public hearing was advertised on October 16 and 23, 2020. Background: - The City has received HUD notification that we will have approximately $1,121,092 in CDBG funds and $1,768,014 in HOME funds available for the fiscal year that began July 1, 2020. - Community Development Staff, in coordination with the Housing & Community Development (HCD) Committee, have made recommendations for the use of CDBG funds, which must be used in housing & community development programs within the City of Asheville. - The Asheville Regional Housing Consortium Board has recommended uses for HOME funds, which must be used for housing programs within the four-county Consortium area (Buncombe, Henderson, Madison, and Transylvania counties). - Funds are awarded based on HUD CDBG & HOME guidelines as well as the Priorities listed in the City’s 5 Year Consolidated Plan. - A new 5 Year Consolidated Plan, that will include this 20/21 Action Plan, is expected to come before Council on November 10, 2020, for approval.  Committee(s): - Asheville Regional Housing Consortium Board - May 26, 2020; October 5 2020 - Approval - Housing & Community Development Committee - July 21, 2020; September 29, 2020 - Approval  Pro(s): - Approval of the Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. Con(s): - It is not always possible to fund all of the applications received, and many agencies funded will receive less than the amounts requested. Fiscal Impact: - The Action Plan is fully funded from federal CDBG & HOME entitlement grants, unused funds from previously completed projects, and estimated program income. - Staff costs to administer the program are also fully paid from federal sources. - The funded programs will provide new construction and other economic activity in the City and the region, creating and sustaining employment and impacting moderate and low income communities. Councilwoman Mayfield read out some of the groups that these funds will go to. Mayor Manheimer opened the public hearing at 5:38 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Housing","mo":"public_hearing","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2020-10-27","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider an update to the 2019-20 Action Plan (continued)","desc":"Community Development Programs Director Paul D’Angelo said this is the consideration of an update to the 2019-20 Action Plan to include $889,456 in CDBG-CV Funds, which must be used to prevent, prepare for, or respond to coronavirus. This public hearing was advertised on October 16 and 23, 2020. Background: - The City of Asheville has received notification from HUD that we will be receiving an additional COVID-19 funding allocation (Round 3) from the Department of Housing & Urban Development (HUD) in the amount of $889,456. - The funds are to be used to prevent, prepare for, and respond to the coronavirus / COVID-19. - In order to strategically utilize these funds for individuals and families affected by COVID-19, it is important to demonstrate where there are gaps in existing relief funding, unmet needs, difficulty in accessing relief funds, and not to duplicate services, efforts and other federal & state dollars. - Specifically from HUD, “Grantees must prevent duplication of benefit, i.e. the use of CDBG-CV funds to pay costs if another source of financial assistance is available to pay that cost”. - The proposal to HUD for this special allocation must show “Clarity of Need” and fund individuals and families under 80% Area Median Income (AMI) and/or Low & Moderate Income (LMI) areas. - In order to be timely, strategic and effective with these HUD dollars during the Pandemic, as well as working within the parameters of CD capacity, Community Development Staff again strongly recommends directly partnering with local agencies who can: - target the immediate needs at hand, - have the expertise to carry out the eligible activity, - have experience working with CDBG and/or HUD funds, - have the capacity as an agency to be an effective partner, and - have the ability to produce monthly or quarterly reports and measurable outcomes. Proposal: - Services Breakdown of the $889,456 Budget - Rental Assistance $550,000 - Homelessness Prevention & Rapid Rehousing - Eviction Prevention / LMI Individuals & Families - COVID-19 Emergency Response for Homeless Populations $165,000 - Case management services to move homeless individuals into permanent housing and help them stabilize once housed - Focus on people exiting Red Roof Inn non-congregate shelter - Grant Administration $174,456 - CDBG-CV dedicated FTE for grants management for duration of funding - Cost to administer the program, including HUD reporting and compliance - Standard 20% administrative allocation to assist with capacity $889,456  Committee(s): - HCD - October 20, 2020 - Proposed use of funds approved unanimously to move to Council Pro(s): - Efficient use of funding - Preserves and protects affordable housing - Targets populations most impacted by COVID-19 - Reduces spread of COVID-19 Con(s): - Staff hours will be dedicated to administering this additional CDBG grant. Fiscal Impact: - This special allocation is fully funded from HUD authorized by The CARES Act of 2020. - Staff costs to administer the program are also fully paid from federal sources. - This funding will provide rental assistance to Ashevillians in danger of homelessness or eviction as well as additional supportive services to house people who are homeless and at high risk for COVID complications, including people sheltered at the Red Roof Inn. - Timeline of Funding - CD Staff received notice of the funding on Friday, September 25th. - With an approved proposal, CD Staff will submit the plan through an amendment to the 19/20 Action Plan by November 6th with hopes to receive the funding from HUD by the end of December. Councilwoman Mayfield thanked our partners for getting these funds out to the people who need it. Mayor Manheimer opened the public hearing at 5:43 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Housing","mo":"public_hearing","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2020-10-27","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2020-10-27","mt":"regular","id":"J","ref":"RES 20-190","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The District is an apartment complex located on Fairview Road. - The estimated project cost is $366,100 in which the apartment developer has provided $200,000 as partial funding for sidewalk construction and other amenities in the area, with the City providing the remaining funds. - The project includes a raised pedestrian crosswalk, new brick sidewalk within the Biltmore Historic District, new concrete sidewalk, high-visibility crosswalks, ADA ramps, and associated infrastructure. - Bids were advertised on August 17, 2020, but the bid packages received were incomplete. - The project was re-advertised on September 14, 2020, and bids were opened on October 1, 2020. Five (5) firms submitted bids, and the firms’ names and bid amounts are included below: - French Broad Paving, Inc., Marshall, NC $572,550 - Appalachian Paving and Concrete, Swannanoa, NC $176,646 - Armen Construction, LLC, Charlotte, NC $298,503 - Moore & Son Site Contractors, Inc., Mills River, NC $170,993 - Patton Construction Group, Inc., Asheville, NC $255,120 - Moore & Son Site Contractors, Inc., of Mills River, North Carolina was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - For the construction phase of the project, staff performed outreach to minority and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to MWBE service providers for subcontracted services. - Moore & Son is not an MWBE and will be performing 100% of the work required for the project. - No subcontractors will be used on this project.  Committee(s): - None Pro(s): - Improved connectivity and accessibility for the neighborhoods surrounding The District apartment complex. Con(s): - Construction will be disruptive to adjacent residences. Efforts will be made to minimize disruptions. Fiscal Impact: - Funding already exists for this contract within the currently approved Capital Improvement Program (CIP). The total maximum cost of this contract, including 10% contingency, is $188,092.30.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-10-27","mt":"regular","id":"NB-A","ref":"RES 20-191","it":"resolution","t":"Resolution adopting the Haywood & Page Concept Master Plan","desc":"Strategic Design & Development Manager Stacy Merten said that this is the consideration to adopt a concept plan for City-owned property at Haywood and Page. “Background: - In 2019 City Council authorized the City Manager to hire Nelson Byrd Woltz Landscape Architects to complete a Concept Master Plan based on the Haywood Street Vision Report. - The report contemplated the future re-development of City-owned properties at 68 Haywood Street and 37 Page Avenue in the historic core of downtown Asheville. - The Master Concept Plan (“Plan”) requested by Council is now complete. - This long-range plan was informed by; - the Council-appointed advisory board (“Vision Implementation Committee”), - public engagement, - economic and geographic data collection and analysis; and, - urban design activities that took place during the past year. - The Plan incorporates a mix of uses, including - a multi-story mixed-use building that opens directly to a public space and provides ground floor activation on all four sides; - a central plaza for creative play, community gatherings and special events; - a community garden located next to a shared-use, - rentable kiosk; - a contemplation area featuring public art and cultural/historic interpretation; - native planting beds connected via universally accessible walking paths; - an active alleyway with market stalls between Haywood and Page; and, - a flexible seating area under a grove of trees along Page Avenue. - The Plan includes other streetscape improvements adjacent to the subject site, including across the street at the Harrah’s Cherokee Center and Basilica of Saint Lawrence, as well as a realignment of Page Avenue. - The level of detail at the concept plan level is medium; it provides the City with a clear understanding of the community’s vision for the site and is flexible enough to adapt or modify during future implementation efforts. - Deliverables also include a financial model that the City can use to analyze any future private development proposals for the mixed-use building. - The plan addresses a geographic area beyond the boundaries of the City-owned parcels. - While staff has heard broad support for the plan, including support from the Vision Implementation Committee, some downtown stakeholders remain opposed to the new park component because of concerns over the City’s capacity to maintain and care for parks in general. - Some condominium owners at 60 Haywood have expressed opposition to having a building obstruct their existing views. - The plan does not include an implementation section; staff could return to the Planning and Economic Development Committee and/or City Council next year with suggested implementation strategies, if requested.  Committee(s): - The Planning and Zoning Commission heard this item on 10/7/20 and voted 7:0 in favor of Council adopting the Plan. - The Downtown Commission was introduced to this item on 9/11/20 and heard this item on 10/9/20 when they voted 9:1 in favor of Council adopting the Plan. - The Planning and Economic Development Committee heard this item on 10/12/20 and voted 3:0 to forward the plan to Council and recommend adoption of this concept with no implementation plan. Pro(s): - The Plan provides clear guidance on how the community would like this site to be redeveloped in the future. - Creation of the Plan occurred through a collaborative process with the community. Con(s): - Future implementation will require public resources including the development of partnerships for land acquisition, project funding and park maintenance. Fiscal Impact: - None currently as this is only a concept plan at this time. Approval of the Plan does not authorize the City to allocate any funds toward the Plan’s implementation. - An implementation plan and consideration of City funds would occur at a later date.” Ms. Dahl then introduced Thomas Woltz, owner of Nelson Byrd and Woltz. Mr. Woltz then explained the project goals of developing a clear vision for the development of the site that positions Haywood Page as an authentic asset within Asheville’s public realm; partner with adjacent stakeholders to create a vibrant downtown district that engages the mind, rests the body, and celebrates the cultural asset unique to the neighborhood; design for the realization of goals outlined in the Downtown Master Plan and Living Asheville documents; and build from the Haywood Street Visioning Project to find an appropriate balance of active, passive, and built spaces. He outlined the Haywood Page Project Team; the project timeline; the community engagement session #1; the existing and proposed framework plan road alignment charette; the framework plan guiding principles of being a good neighbor, authentic horticulture, and finding balance; sketch concepts of three iterations - Concept A (Haywood Point), Concept B (Stony Hill) and Concept C (City view); the community engagement session #2; project sketches; concept Master Plan views from covered porch to the Basilica and from the woodland path; Mr. Yuxiang Lao discussed the financial model analytical framework; economic considerations; example of building height and program assumptions and test of financial viability; concept Master Plan building long section; probable construction costs; and operations and maintenance summary. Mr. Andrew Fletcher said “Four years ago, you tasked the Haywood Page Advisory Team to collect and interpret the community’s desires for these properties, and we issued a Vision Report from that. That group disbanded after that work was done, but many of us came back together as the Vision Implementation Committee to ensure that there was continuity from the vision to the master planning process. It is our opinion that the Vision you tasked us to create has been adhered to, and that the design team at Nelson Byrd Woltz has faithfully used our list of ingredients to create a recipe for success in this location that we have all wanted for so long. If  you’re wondering why this has taken so long, it takes a lot of time to render vision from division, but it is our feeling that we have done so, and as we pass the baton back to you, we ask that you celebrate the results with a “yes” vote. As we move past this milestone, we need to remember what has brought us success so far and commit to continuing it. Collaboration with the Asheville Design Center and the many hundreds of hours of volunteer time they coordinated must be recognized. With their collection and collation of the hordes of public input gathered, we were able to see the signals of the public desires through the noise of the public debate. What we found is that when we stopped asking “Either / Or” and said \"Yes, And…” there was much more to talk about, and from those talks came realization that many of our desires for this site could live together. You see this rendered in the plan before you. Special mention should be made of the most successful of the recommended temporary uses, the community garden that the folks at Elder and Sage have tended. They deserve to see their commitment to making that place beautiful and community centered honored going forward. Making funding choices will be hard, but a beautiful plan will collect momentum and funding in ways that an empty gravel lot can never do. We must trust each other, honor the master plan, ask the community for help when we are unsure, and commit to each other to move forward together even when that movement is slow. As the former Chair and Spokesperson of the Haywood Page Advisory Team and current delegated representative of the Vision Implementation Committee, I repeat our simple request: Vote YES to accept the Haywood Page Concept Master Plan.” Ms. Kim Roney spoke in support of the Plan and hoped to keep this energy going on this shared success. Councilman Haynes hoped that Council will continue to support the Elder and Sage Community Garden and that they are included in this project. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Transportation","mo":"individual","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"policy category","sq":15},{"d":"2020-10-27","mt":"regular","id":"NB-B","ref":"RES 20-192","it":"resolution","t":"Resolution to adopt and establish the City of Asheville Business Inclusion Policy","desc":"Ms. Rosanna Mulcahy, Business Inclusion Manager, said this is consideration of a resolution to adopt the “City of Asheville Business Inclusion Policy” that seeks to address race\u0002and gender-based disparities in City contracting and procurement. “Background: - In 2018, a disparity study was conducted which revealed significant disparities in the Asheville regional area among minority- and women-owned businesses in the awarding of City contracts. - This study provides significant legal evidence for the City to implement a policy to address the documented disparities. - The City’s now-expired Minority Business Plan, adopted in 1998, was race and gender-neutral and did not adequately address the disparities in City contracting, as documented in the Disparity Study. - The City of Asheville Business Inclusion Policy is intended to replace and expand upon the Minority Business Plan as guidance for the Business Inclusion Office and city departments. - Since January 2020, City staff from various departments have worked on drafting and  reviewing the new policy. - Policy measures were developed with careful research of comparable North Carolina municipal policies and practices and federal, state, and local laws. - The policy's completion aligns with the 30-60-90 day benchmarks set by the City Manager for reworking city government priorities as a response to the recent protests about racial justice in Asheville. - In addition, the responses from the grantee groups included in the 2019 Racial Healing Mini-Grant indicated that Black community members desire to see more opportunities for Black-owned businesses to win City contracts and greater clarity and guidance in the contracting process. - The policy outlines the following steps that the City will take to help reduce disparities in contracting: - Defining management and staff roles and responsibilities; - Maintaining an updated database of available small and minority- and women-owned businesses; - Providing certification, networking opportunities, workshops, and training for such businesses; - Requiring that prime contractor, bidding on contracts, perform outreach in the form of good faith efforts to obtain a utilization percentage of such businesses following contract-specific goals set by the City; and - Many other key measures. - The policy aims to become effective on January 1, 2021. - In the coming months, staff will: - Develop procedures for implementation; - Conduct community outreach with stakeholders to inform them of the new policy and seek feedback on policy implementation; - Work through a budget to assist with policy implementation; - Begin certifying small and minority- and women-owned businesses; - Build and maintain a database of such businesses; and - Develop plain-language materials for all businesses and bidders who may participate in City contracting.  Committee(s): - Human Relations Commission of Asheville - 09/30/2020 - For information only - Planning and Economic Development Committee - 10/12/2020, recommended by unanimous approval Pro(s): - Provides the necessary framework to help ensure greater participation in City contracts by small, minority- and women-owned businesses - Advances the Equity Action Plan by implementing the necessary steps to achieve equitable outcomes within City contracting and procurement - Demonstrates the City of Asheville’s commitment to reducing racial disparities and discrimination - Reduce income gaps between black and white-owned businesses - Increases the City’s awareness of available minority, women, and small business vendors - Increases Minority, Women, and Small Business Enterprises (MWSBEs) utilization in City contracting - Promotes existing and start-up development of small business growth and profitability in the Asheville Regional Area - Monitors, evaluate, and reports on Minority and Women Business Enterprises - Directs the City to maintain a database of available & certified MWSBEs - Defines the parameters for MWSBE Certification - Defines the Roles and Responsibilities of key City personnel - Provides guidance on other measures the City may take to promote Business Inclusion - Establishes annual aspirational and contract-by-contract subcontracting goals for MWSBEs participation in City contracts; - Establishes standards for good faith efforts; - Directs City Manager to ensure the integration of the Asheville Business Inclusion Policy components into all City Departments’ practices and processes. Con(s): - The current staffing levels of the Business Inclusion Office are not sufficient to meet the policy’s demands. - Staff will be evaluating the needs and address staffing needs in the FY 22 budget. - The adoption of this policy adds another level of compliance to City bidding and contracting processes. - There may be additional costs associated with no longer choosing the lowest bids on contracts in some cases, as the standard of responsiveness will change to include adequate MWBE outreach to facilitate utilization. - Suppose the apparent lowest bidder does not perform outreach, in the form of good faith efforts, for each MWBE utilization goal. In that case, their bid may be rejected in favor of the next-lowest bidder who did meet the standard of responsiveness. - This is difficult to quantify as it is unknown how many bidders would be non-compliant with the standard. Fiscal Impact: - The staff is working closely with the Budget Division to produce a budget for policy implementation. - Likely impacts include the addition of a staff position to the Business Inclusion Office, investment in a co-working space for minority business owners, funding for future disparity studies, and funding for training.” Ms. Mulcahy said that the key takeaways for this action is that it (1) provides a holistic framework for supporting MWSBE; (2) supports economic inclusion which aligns with reparations; (3) aligns with 30-6-90 benchmarks for reworking City priorities; (4) supports City Council goals - an equitable and diverse community, A thriving local economy, and a connected and engaged community; and (5) demonstrates the City’s commitment to equitable economic growth. She then provided an overview of her presentation (1) The City of Asheville provides myriad services to the residents who live and work in the region. To provide those services, the City typically spends more than $35 Million each year in contract dollars to procure various goods and services in construction, professional services, goods and general services; (2) To address discrimination in the particpation of minority- and woman-owned businesses and foster economic inclusion, the proposed “Asheville Business Inclusion Policy” seeks to implement race- and gender conscious policy elements into City contracting and procurement; and (3) the Asheville Business Inclusion Office seeks to promote equitable economic growth and development in the City of Asheville. She reviewed the background of the Asheville Business Inclusion Policy. She said in 2018, the City of Asheville performed a Disparity Study which concluded that the participation of minority- and women-owned businesses in City contracts was lower than expected based on  business availability. The results of the Disparity Study provide the City with sufficient evidence to adopt a race- and gender-conscious contracting policy to address the identified disparities in contrast to the expired race- and gender-neutral Minority Business Plan that was previously adopted after a 1993 Disparity Study. The proposed “Asheville Business Inclusion Policy” seeks to remediate the ongoing effects of marketplace discrimination demonstrated by the Disparity Study, by implementing race- and gender-conscious policy elements. Regarding the legal framework (1) Race- and gender-conscious programs and policies, must meet the legal standard known as strict scrutiny. For which the Disparity Study provides the compelling government interest for the City to create a narrowly tailored policy to address documented discrimination within City contracting; (2) The City may establish Annual Aspirational goals and contract-by-contract subcontracting goals for minority-owned and women-owned businesses that have a documented disparity within contracting industries, based on the disparity study results; and (3) The goals will be based on the availability of MWBE firms within the relevant market area, “The Asheville Regional Area,” as defined by the Disparity Study. The Asheville Business Inclusion Office seeks to enhance competition in City contracting and promote economic growth and development in the City of Asheville by (1) increasing the City’s awareness of available minority, women, and small business vendors; (2) increasing minority, women, and small business enterprises (MWSBEs) utilization in City contracting; (3) promoting existing and start-up development of small business growth and profitability in the Asheville Regional Area; and (4) monitoring, evaluating and reporting on minority and women business enterprises. The Asheville Business Inclusion Policy seeks to remediate the ongoing effects of marketplace discrimination demonstrated by the Disparity Study, by implementing race- and gender-conscious policy elements, to include: establishing annual aspirational and contract-by-contract subcontracting goals for MWSBEs participation in City contracts; establishing standards for good faith efforts; directing the City to maintain a database of available and certified MWSBEs; defining the parameters for MWSBE Certification; defining the roles and responsibilities of key City personnel; providing guidance on other measures the City may take to promote business inclusion; and directs the City Manager to ensure the integration of the Asheville Business Inclusion Policy components into all City departments’ practices and processes. Regarding goal setting, (1) Annual Aspirational Goals: The policy directs the Goal Setting Committee to establish an aspirational goal every year for the overall participation in all City contracts by MBEs, WBEs, and SBEs, collectively referred to as “MWSBE Goals;” (2) Contract by Contract Subcontracting Goals: The policy directs the Goal Setting Committee to establish contract by contract subcontracting goals for individual contracts and directs Prime Contractors (bidders) to provide opportunity to MSWBEs; and (3) All MWSBE goals shall only be set for those categories of firms that have a documented disparity as demonstrated by the disparity study. Regarding good faith efforts, (1) The policy set standards for adequate good faith efforts used by bidders to provide opportunity to MWSBE firms; (2) Adequate good faith efforts mean that all necessary and reasonable steps were taken to achieve the goals; (3) Not providing adequate Good Faith Efforts documentation is grounds to deem a bid unresponsive; and (4) For each unmet subcontracting goal the contractor must submit Good Faith Efforts, for example: contacting available MWBEs, breaking down work and negotiating with interested MWBEs and SBEs, and participating in pre-mid meetings. Regarding City of Asheville certifications, (1) Minority Women Business Enterprise (MWBE) Certification (a) At least 51% of the applicant business must be owned and managed by  an eligible owner; (b) Significant Business Presence in the Asheville Regional Area; (c) Licensed and for-profit; and (d) Registered with the city as a vendor; and (2) Small Business Enterprise (SBE) Certification (a) Significant Business Presence in the Asheville Regional Area; (b) Registered with the city as a vendor; (c) Licensed and for-profit; and (d) The firm’s annual sales receipts cannot exceed $250,000. She said that the policy sets forth other proactive, elective measures to promote SBE and MWBE Opportunities to include: (1) When Permissible, remove bonding requirements for contracts less than $300,000 in value; (2) Where permissible, structure alternative bids opportunities by dividing formal (large) projects/purchases into smaller contracts; (3) Provide networking opportunities for prime contractors and MWSBE subcontractors; (4) Support bank lending to minority-owned and women-owned businesses; and (5) Allocate funding to create professional coworking spaces and business incubators to provide support for MWSBE growth. Regarding policy implementation, from October - December, 2020, (1) Secure City funding support for ABI Office staffing, operations, training and outreach; (2) Appoint & activate Goal-Setting Committee; (3) Identify upcoming City projects and bidding opportunities; (4) Set Goals for MWSBE participation; (5) Develop internal procedures for employees to follow; (6) Host training for City staff; (7) Develop database for City MWSBE Firms; (8) Certify MWSBE Firms to ensure that we have a large enough pool to affect outcomes positively; and (9) Continue to provide workshops and training to MWSBEs via ABI Office. On January 1, 2020, the policy will go into effect. The race- and gender-conscious elements of the “Asheville Business Inclusion Policy,” will expire on November 1, 2023, unless a new disparity study has been completed. Vice-Mayor Wisler appreciated all the hard work that has gone into this policy and suggested we share this great model with other organizations. From advanced live call-ins, two individuals appreciated the work that went into this policy. One individual hoped that we break up the metrics of white woman businesses from black and brown owned businesses. The other individual hoped that we provide for greater support for the black and brown businesses and the LGBTQ businesses. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Economic Development","mo":"individual","mv":"Wisler","sec":"Young","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":16},{"d":"2020-10-27","mt":"regular","id":"NB-C","ref":"RES 20-193","it":"resolution","t":"Resolution establishing a Zero-Net Loss Urban Tree Canopy Policy","desc":"Director of Development Services Ben Woody said that this is the consideration of a resolution establishing a Zero-Net Loss Urban Tree Canopy Policy. Background: - The resolution was drafted and proposed by the Urban Forestry Commission and recommends establishing city policy and programmatic goals to supplement the Tree Canopy Protection Ordinance. - The resolution establishes a tree canopy coverage goal of 50% by 2040. - The 2018 Urban Tree Canopy Study determined existing coverage to be 44.5%. - The resolution supports the future establishment of a Comprehensive Urban Forestry Program. - The resolution supports building strong community partnerships to achieve canopy goals, establish a forestry program, and promote urban forest stewardship.  Committee(s): - Urban Forestry Commission - August 17, 2020, Recommend approval; September 21, 2020, Revision adopted. Pro(s): - Promotes tree canopy cover which provides a number of ecosystem services, including shade, reduced erosion, and habitat diversity. - Supports the findings of the 2018 Urban Tree Canopy Study. - The 50% tree canopy coverage goal by 2040 aligns with Asheville Greenworks’ canopy coverage goal and supports the city’s existing partnership with the organization. - Aligns with the Living Asheville Comprehensive Plan themes of ‘A Livable Built Environment’ and ‘Harmony with the Natural Environment’. Con(s): - The city will need to partner with an outside contractor to conduct periodic urban tree canopy studies to establish measurable metrics. - Achieving the tree canopy coverage goal requires sustained and ongoing community-based partnerships. Fiscal Impact: - None at this time. - Potential future costs for establishing and staffing an Urban Forestry Program. - It is estimated an urban forestry master plan may cost as much as $250,000, and a full-time urban forestry position is approximately $80.000 annually. - If this occurs, it would likely be in Fiscal Year 22 or Fiscal Year 23 budget year(s). Councilwoman Mayfield thanked staff for working on this with the Urban Forestry Commission. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Environment & Sustainability","mo":"individual","mv":"Mayfield","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":17},{"d":"2020-10-27","mt":"regular","id":"NB-D-194","ref":"RES 20-194","it":"resolution","t":"Resolution appointing Diane Dankert (at-large) as a member to a board","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Neighborhood Advisory Committee. The terms of Philip Lenowitz (28804 representative), Barber Melton (28805 representative) and Cissy Dendy (at-large representative) expired on July 1, 2020. The following individuals applied for the vacancy: Lee Arevian, Bobbette K. Mays, Diane Dankert, Greta Bush, Damita Jo Wilder and Bonnie Snyder Hanrick. The Neighborhood Advisory Committee, and the Boards & Commissions Committee recommended appointing Diane Dankert (at-large representative) and readvertising for the 28804 and 28805 seats.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"no material signals","sq":18},{"d":"2020-10-27","mt":"regular","id":"NB-D-195","ref":"RES 20-195","it":"resolution","t":"Resolution appointing Marsha Almodovar as a member to the Public Art board","desc":"Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Public Art & Cultural Commission. The term of Jay Fields expired on June 30, 2020. The following individuals applied for the vacancy: Anne Manner-Mclarty, Marsha Almodovar, Daniele Martin, Nathaniel Wyrick, Christian ODonnell, Hilary Chiz, Michael G. Waddle and D. Rae Geoffrey. The Public Art & Cultural Commission recommended, and the Boards & Commissions Committee concurred to appoint Marsha Almodovar.","c":"Boards & Appointments","mo":"individual","mv":"Wisler","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"no material signals","sq":19},{"d":"2020-10-27","mt":"regular","id":"V-A","ref":"ORD 4835","it":"ordinance","t":"Ordinance amending a previously approved conditional zoning approval (Ordinance No. 4570)","desc":"Mayor Manheimer said that this public hearing was held on October 13, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2020-10-27","mt":"regular","id":"V-B","ref":"ORD 4836","it":"ordinance","t":"Ordinance to amend the Unified Development Ordinance (wording amendments, Chapter 160D)","desc":"Mayor Manheimer said that this public hearing was held on October 13, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2020-10-27","mt":"regular","id":"V-C","ref":"ORD 4837","it":"ordinance","t":"Ordinance to amend the Unified Development Ordinance (Articles II, etc., Chapter 160D)","desc":"Mayor Manheimer said that this public hearing was held on October 13, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2020-10-27","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":20},{"d":"2020-10-27","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Wisler","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1WCpA3kvdtImF3J0wuOZymTeY8vFGt4it/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":21},{"d":"2020-11-10","mt":"regular","id":"B","ref":"RES 20-196","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Norfolk-Southern Railroad for The District sidewalk project","desc":"Background: - On October 27, 2020, the City Council authorized the City Manager to enter into a contract with Moore & Son Site Contractors, Inc. of Mills River, North Carolina (Moore & Son) to construct The District Sidewalk Project. - The District sidewalk project includes construction of: - sidewalk, - ADA sidewalk ramps, - a raised pedestrian crosswalk, - high-visibility crosswalk lines, and associated components. - A portion of the project occurs within NSRR right-of-way, which necessitated NSRR review and approval of the construction plans for the work within NSRR right-of-way. - Approval of the work within the NSRR right-of-way includes the City signing an agreement to reimburse NSRR’s administrative, engineering review, hardware upgrades, construction of the crossing within the railroad right of way, and safety personnel costs. - NSRR estimates these costs as approximately $105,583. - City staff will attempt to structure the timeline of the sidewalk project so as to reduce the City’s costs to NSRR, thereby minimizing the time NSRR personnel is on-site. - Construction of the entire sidewalk project is scheduled to be 120 days with an expected construction start of December 1, 2020. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Improved connectivity and accessibility for the neighborhoods surrounding The District apartment complex. Con(s): - Construction will be disruptive to adjacent residences. - Efforts will be made to minimize disruptions. Fiscal Impact: - Funding for project costs associated with this agreement were planned as a part of GO Bond pedestrian accessibility investments. - The total maximum cost of this contract is $105,583.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-11-10","mt":"regular","id":"C","ref":"RES 20-197","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - During September 2020, Motorola Solutions, Inc. notified the City that the transit system’s existing on-board and handheld radios will no longer be serviced because they have exceeded their 10-year service life. - A sole source procurement through Motorola Solutions, Inc. is needed to ensure compatibility with existing transit operations equipment and other City of Asheville radio equipment. - Motorola Solutions, Inc. has provided a quote with an estimated total project cost of $158,098.20.  Committee(s): - None Pro(s): - Replaces equipment that has exceeded its 10-year service life. - The new equipment is expected to have a 10-year service life. - Ensures continuous communication between ART’s drivers and dispatchers including emergency situations. - Federal Funds will provide 80% of the project cost. Con(s): - None Fiscal Impact: - The total purchase cost is $158,098.20. - An existing FTA grant will be used to fund 80% ($126,478.56) of the purchase and the Transit Capital Fund budget will be used to provide the 20% match ($31,619.64). - Both the grant and the City match are already budgeted in the Transit Capital Fund.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-11-10","mt":"regular","id":"D","ref":"RES 20-198","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - On September 17, 2018, the City entered into a Service Contract with Swiftly, Inc. to provide Transitime Real-Time Passenger Information services for the Asheville Rides Transit system. - The original budget for the Transitime Real-Time Passenger Information services for FY 2018 (September 1, 2018 to September 1, 2019) was $38,180 for Year 1 of the Service contract, with the option to renew for three additional years. - The City exercised the option for year two of the contract and paid $30,999 for services rendered. - Staff is requesting approval to increase the contract amount by $110,743 for year three and year four of the contract for a total contract amount of $179,922.10. - The cost for years three and four are expected to be $52,902.00 and $57,841.10, respectively. - The costs for each of these years has increased from year one and two due to increased fleet size, as well as the addition of several operational modules intended to improve on-time performance monitoring for drivers and staff, and improved scheduling software. - The total amount of the contract with these changes exceeds the execution authority of the City Manager. - Staff is requesting that the City Manager be authorized to execute the agreement including the original agreement of the total contract amount for the provision of Transitime Real-Time passenger services through December 16, 2022.  Committee(s): - None Pro(s): - Ensures sufficient funding is available to pay for services as required by contractual agreement. - Assures the City is able to pay for services rendered for FY 2021 and for FY 2022. - The additional modules being purchased will greatly enhance the data collection and monitoring of key transit operational performance measures and will allow City and ART staff to make better data-based decisions to improve route performance. Con(s): - Increased cost of annual contract services. Fiscal Impact: - Funding for year three of the contract is already included in the adopted FY 2021 Transit Services Fund budget. Funding for year four will be included in the recommended FY 2022 Transit budget.","c":"Transportation","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-11-10","mt":"regular","id":"E","ref":"RES 20-199 / ORD 4838","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment from the federal (funds)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-11-10","mt":"regular","id":"F","ref":"RES 20-200","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The City Hall Operations (CHO) Division of the Capital Projects Department provides a variety of functions including overseeing security services at the Public Works and City Hall Buildings. - The firm GuardOne previously provided security guard services at a cost not to exceed $140,000 per year. The hourly rate charged by GuardOne was $17.70 per hour. Strategic Security Corp charges $22.66 per hour. In addition, a guard was added last winter at Public Works to provide full time consistent coverage during all hours of operation. - A Request for Proposals (RFP) was issued recently requesting proposals and costs for providing Security Guard services. - Scoring of the proposals was based upon a weighted combination considering qualifications and costs. The recommendations were not based exclusively on the lowest cost. The use of the following criteria ensured that the overall approach to work was best suited to meet the City’s needs and not just the lowest bid. - Evaluations were based upon the below weighted categories - Development of Team 25% - Portfolio Summary 15% - Approach to work weighted at 20%. - Proposed cost has a 40% weighting. - Six companies submitted proposals and costs. Using a weighted scoring system, Martin Edwards & Associates scored the best, but was unable to meet the needs of the City. Strategic Security Corp. scored second highest and is being recommended as the service provider. - Martin Edwards & Associates - Linden NC - 8.69 - Strategic Security Corp - Commack NY (Local Charlotte North Carolina Branch) - 8.52 - GuardOne Security - HQ Lawrenceville GA (Local branch Matthews NC) - 8.51 - Allied Universal Security Services - HQ Conshohocken, PA (Local branch Charlotte, NC) - 8.39 - SAKOM -- HQ Appleton WI (Local branch Greenville SC) - 8.13 - Global Guardian - McLean VA - 4.56 - The transition of these service providers occurred at the time of the reopening of city facilities during the COVID-19 pandemic and due to unexpected complications with another contractor which resulted in an interim contract. - There will be an expected annual increase to the cost of the contract of 3%. Vendor Outreach Efforts: - Staff performed outreach through solicitation processes using the State’s Interactive Purchasing System. - Strategic Security Corp is a certified female-owned business out of New York with a local branch in Charlotte, North Carolina.  Committee(s): - None Pro(s): - Provides security for both staff and visitors - Consistent security services at multiple buildings - Flexibility to add additional staff if security needs change Con(s): - Security personnel will be learning about the security of City facilities in a transition period while COVID still impacts facility activity. - Annual costs show an increase of $110,000 compared to the prior contract. Fiscal Impact: - The current adopted General Fund budget included $140,000 to continue the prior security contract. - Funding needed to cover the higher costs in the current year will come from vacancy savings in the Capital Project Department. - The contract is contingent on budget appropriations to cover the costs in future fiscal years.","c":"Budget & Finance","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-11-10","mt":"regular","id":"G","ref":"RES 20-201","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - The original contract amount for the project was $602,000. - Amendment 1 did not increase the contract amount. - With Amendment 1, the scope of Floodplain Impact Documentation was reduced, and additional Landscape Architect services and additional survey of the Charlotte Street area were added. - Amendment 2 increased the contract amount to $685,980, within the total project budget. - That Amendment extended the pipe system improvements to the existing Murdock Avenue outfall, with associated regulatory documentation for the extension, additional grading and drainage plans and additional meetings with property owners and agencies for buy-in, as well as permitting additional scope items. - This Amendment (Amendment 3) will increase the current contract amount to $783,813.58. - Amendment 3 divides the project into a third construction phase and includes additional documentation of decisions made regarding the basin and design analysis. - A third plan and construction phase allows the project to be constructed in a sequence that makes more sense for the neighborhood and builds upon the benefits from the other two phases. - There are significant drainage and flooding issues along the project corridor from Canterbury Drive, Sunset Parkway, Celia Place, Edwin Place and Murdock Avenue. - This project will create improvements in flood storage capacity and conveyance in this area. - The RFQ for this project was advertised on May 20, 2016, with Statements of Qualifications received on June 9, 2016. - Thirteen (13) consulting firms submitted Statement of Qualifications. Qualifications were reviewed and Hazen and Sawyer, PC. was selected as the best qualified firm. - The Contract was entered into between the City of Asheville and Hazen and Sawyer, P.C. on January 5, 2017. - The Stormwater Division has spent an extensive amount of time on Public Outreach and working with property owners in obtaining Stormwater Easements. - Negotiation and acquisition of the easements for Phase 1 and Phase 2 are complete, but the complexity of the project and participation from these property owners have caused project design delay. - Construction for Phase 1 has an anticipated start date next Summer in FY22, with a 12 month construction period. Phase 2 will start immediately after in FY23 with 12 months for construction, and Phase 3 will begin afterwards, in FY24 with 12 months for completion. Vendor Outreach Efforts: - The City of Asheville RFQ informed all bidders of the policy to (1) provide minority and women-owned businesses (MWB) firms an equal opportunity to participate in all aspects of their contracting and procurement programs and (2) to prohibit any and all discrimination against persons or businesses in pursuit of these opportunities. - All bidders were required to provide a statement indicating how outreach was to be performed, and the selected firm would be required to provide documentation indicating their outreach efforts. - Staff performed outreach to MWB businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and the City of Asheville website. - Past engineering firms who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. - Hazen and Sawyer indicated good-faith efforts to identify and incorporate MWB companies for partnering on the project. - Hazen and Sawyer contracted with a minority-owned firm to perform geotechnical investigations for the project.  Committee(s): - None Pro(s): - The contract amendment will allow Hazen and Sawyer to divide the project into an additional phase of construction, to include design and construction administration as well as additional downstream analysis to verify project impact and improvement to the drainage basin. - The capacity of the existing stormwater system will be increased to allow passage of larger storm events safely through the system. Detention and water quality elements will be added along the corridor to offset any increases in pipe flow due to improvements in the drainage system. - The project will provide a conveyance system that is sustainable and decreases flooding to surrounding homes and property. - The project also provides an improvement to public safety because roadways will be less likely to flood, allowing passage of traffic and emergency vehicles. Con(s): - Construction may be disruptive to nearby residences and through traffic. - Efforts will be made to notify the public and minimize disruptions. Fiscal Impact: - Funding for this contract is already budgeted in the Stormwater Utility Fund Capital Improvement Program.","c":"Public Safety","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-11-10","mt":"regular","id":"H","ref":"ORD 4839","it":"ordinance","t":"Ordinance amending the fiscal year (budget)","desc":"Background: - More than a third of the calls that the NC Wildlife Resources (NCWRC) receives about bears statewide come from Buncombe County. - Asheville residents are experiencing an increase in human-bear interactions and there are safety risks associated with these increasing issues. - City residents file numerous complaints with the City regarding bears getting into their trash. One Buncombe County resident was injured in 2018 in a bear interaction involving a trash cart. - Residents have frequently requested that the City provide bear-resistant trash carts. - Securing garbage is identified as one of the top ways to reduce human-bear interactions and resulting problems. - Fully-automated bear resistant carts that stay locked until the collection truck empties them are very expensive to order individually, so a bulk purchase is more economical. - It is also important that bear resistant carts are compatible with City of Asheville (COA) collection vehicles. - Sanitation staff recommends that the City provide uniform, tested carts to residents to limit problems. If the City owns the carts, Sanitation can handle any cart damage through its warranty with the vendor. - The City cannot be liable for damage to bear carts that individuals have purchased. - BearWise research shows more success in bear cart programs when residents financially invest in some way. - BearWise is a program developed by bear experts in the southeastern United States that shares ways to prevent conflicts, provides resources to resolve problems, and encourages community initiatives to keep bears wild. - A one-year rental commitment prevents residents from requesting cart swaps during down times for bears. - Staff recommends offering bear carts at the recommended rental fee for the pilot program. - If the program is successful, staff recommends that Council consider using future revenues from the rental program to support provision of bear carts for lower-income residents through a rebate program. Vendor Outreach Efforts: - Bear-resistant carts are a new technology and are specialized products with limited options. - NCWRC and Sanitation staff tested numerous varieties and have chosen to purchase the cart that is most consistently effective with Sanitation collection trucks, most effective at keeping bears out, and most user friendly. - The cart is available for purchase on the Omnia cooperative contract.  Committee(s): - None Pro(s): - Provides a solution to residents who are experiencing negative bear interactions and incidents with their trash. - Protects human life and wildlife, and prevents waste management and litter issues for residents and the community. - Residents will have access to bear resistant carts at a reasonable cost and that function with COA waste collection equipment. - Residents will not experience their trash being scattered over the neighborhood by bears regularly, and potentially dangerous human-bear interactions may be prevented. Con(s): - Residents will have to pay the $10 monthly upcharge for a bear-resistant trash cart. - Availability of carts will be on a first-come, first-served basis for the duration of the pilot program. - The pilot order of bear-resistant trash carts is limited to the number of carts that can be purchased from available funding in the Sanitation Division's FY 2020-21 operating budget. Fiscal Impact: - The pilot order of bear-resistant trash carts will be funded from the Sanitation Division's FY 2020-21 operating budget. - This funding allows for a purchase of 340 bear-resistant carts for $220 each plus shipping and tax for a total of $81,052.50. - The proposed monthly fee is $10/month upcharge (one year minimum) for a bear-resistant cart. - With full participation, the program could generate revenue of $3,400/month, resulting in a return on investment within approximately two years.","c":"Budget & Finance","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-11-10","mt":"regular","id":"I","ref":"RES 20-202 / ORD 4840","it":"resolution","t":"Resolution authorizing the City Manager; and budget amendment to accept grant","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-11-10","mt":"regular","id":"J","ref":"ORD 4841","it":"ordinance","t":"Budget amendment to budget police (funds)","desc":"Background: - The funds are the result of Federal seizures secured as the result of a joint task force with the Buncombe County Sheriff’s office. - In July 2018 the rules changed and Federal seizures could no longer be distributed to task forces (ie. BCAT), but only to the member agencies. - From that time on, APD began receiving its share of BCAT forfeitures at the Department level. - There was an agreement forged between the County and APD as to how to disperse the funds in the existing BCAT account of which the County served as the fiduciary. - There was a percentage agreement reached between the County and APD, and funds were transferred to APD in the amount of $141,208.44. - APD intends to use a portion of these funds as part of a fire-arm trade in initiative and they are currently working with the Purchasing Division. - Additionally they plan to have the ability to access these funds for other future initiatives as needed. - In order to spend the funds that have been received, a budget amendment is required in the City’s Special Revenue Fund.  Pro(s): - Provides expenditure authorization for funding that has already been received by the Asheville Police Department (APD). Con(s): - None. Fiscal Impact: - This budget amendment does not include a local match so there is no impact to the City’s General Fund budget.","c":"Public Safety","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-11-10","mt":"regular","id":"K","ref":"RES 20-203","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - Every two years Duke Energy submits an Integrated Resource Plan (IRP) to communicate strategies for delivering reliable electricity at the lowest cost (typically a 10 to 20 year horizon). - This is the first IRP that has been published since the City adopted a 100% renewable energy goal. - The IRP models potential pathways to accelerate renewable energy deployment but reform of state policy is required. This is an opportunity to advocate for such reform. - The North Carolina Utilities Commission (NCUC) hosts statutory IRP reviews for approval. - To participate, the City must petition to become a formal intervenor by demonstrating standing. - Intervention in the review allows the City to help shape the process and the final IRP content, potentially accelerating the transition to renewable energy in our utility territory. - NCUC tends to give greater weight to public comments provided through this more formal intervention process, so the City’s participation is critical to advance efficiency and renewable generation strategies aligned with our policies. - The City of Asheville’s Moving to 100% - Renewable Energy Transition Pathways Analysis identifies the need to participate in State and Utility actions to achieve the City’s renewable energy goals. - Sustainability staff have conferred with the City’s Legal Department regarding filing an intervention petition and have determined that Legal has the ability to assist. - City staff will continue to review the IRP with Duke Energy to determine if it is appropriate to file the petition. Vendor Outreach Efforts: - Not applicable  Committee(s): - None Pro(s): - Supports Resolution 17-104 Encouraging a State Goal of 100% Renewable Energy by 2050. - Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal for the City of Asheville. - Supports Resolution 16-64 Establishing the Energy Innovation Task Force which is an on-going partnership between Buncombe County, City of Asheville and Duke Energy Progress for the purpose of researching, prioritizing, recommending and implementing recommendations to create renewable energy opportunities. - Supports Resolution 20-18 Establishing the Creation of the Blue Horizons Community Council. - Intervention will give the City an opportunity to promote the success of the existing partnership efforts with Duke Energy and Buncombe County through the Blue Horizons Project and Climate Collaborative. - Action prioritized in Moving to 100% Renewable Energy Roadmap. - The City is benefiting from free technical assistance from the Rocky Mountain Institute that will ensure the City’s comments advocate for policies and practices that align with our renewable energy goal. - The Rocky Mountain Institute is a nonprofit that engages businesses, communities, institutions, and entrepreneurs to accelerate the adoption of market-based solutions that cost-effectively shift from fossil fuels to efficiency and renewables. Con(s): - This will consume staff time to file the petition to intervene, draft comments, and monitor the docket.  Fiscal Impact: - None anticipated","c":"Environment & Sustainability","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-11-10","mt":"regular","id":"L","ref":"RES 20-204","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Background: - In 2017 the North Carolina General Assembly passed Session Law 2017-159, which gave cellular network providers a broad right to place cellular network infrastructure within municipal rights of way within the State. - Under NCGS 160D-936, the City is limited to reviewing a cellular provider’s application to install new small cell facilities for compliance with aesthetic standards. - The City has worked with Verizon Wireless to develop a Master Encroachment Agreement, which sets forth the terms under which Verizon may submit new facility applications to the City for review. - This agreement will provide for a more streamlined review process between the City and Verizon.  Committee(s): - None Pro(s): - Will streamline the City’s review of proposed cellular facilities in its rights of way pursuant to NCGS 160D-936. Con(s): - None Fiscal Impact: - Under the Master Encroachment Agreement, Verizon will pay an application of one hundred dollars ($100.00) per facility for the first five small wireless facilities addressed in an application, plus fifty dollars ($50.00) for each additional small wireless facility addressed in the application. - Verizon will further be required to pay the City a technical consulting fee in the amount of five hundred dollars ($500.00) per application.","c":"Administrative","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-11-10","mt":"regular","id":"M","ref":"RES 20-208","it":"resolution","t":"Resolution authorizing the City Manager","desc":"Said resolution reads: “WHEREAS, pursuant to N. C. Gen. Stat. 160A-461, the City of Asheville can enter into interlocal agreements to execute any undertaking; and WHEREAS, in direct response to the COVID-19 pandemic, residents of North Carolina must rely substantially on internet services to access certain essential services, including, but not limited to, health care; and WHEREAS, in good faith based upon all available data and scientific information, it is believed that the COVID-19 pandemic will continue for an indefinite period of time to negatively impact the ability of (a) the public schools in the County of Buncombe and the Asheville City Schools District to provide fully in-person instruction; (b) public school students to access on-line instruction; and (c) residents of the County and City to access vital health and safety services made available through the internet, including, but not limited to, telehealth and emergency services information; and WHEREAS, the City of Asheville, Buncombe County, the Housing Authority of the City of Asheville, and Asheville City Schools Board of Education desire to enter into an interlocal agreement to provide necessary, basic and essential services to their respective constituents to mitigate and combat the negative impacts of the COVID-19 pandemic through the provision of no-charge wireless internet services for residents of the following communities: (a) Southside Communities along Livingston Street; (b) Hillcrest Apartments; (c) Pisgah View Apartments; (d) Klondyke Homes; and (e) Deaverview Apartments; and WHEREAS, the Housing Authority of the City of Asheville submitted a Request for Proposals for said services, including installation and annual Internet Service Provider fees for a 4 year term; and WHEREAS, Skyrunner Inc., a/k/a Skyrunner Internet, submitted a proposal that the Housing Authority of the City of Asheville intends to accept, contingent upon funding; and WHEREAS, The City of Asheville wishes to provide a portion of the funding for this endeavor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: The City Manager be, and she is hereby, authorized to enter into an Interlocal Agreement with the County of Buncombe, the Housing Authority of the City of Asheville, and the Asheville City Schools Board of Education regarding the provision of necessary and essential internet services to certain communities located in Buncombe County. Pursuant to this agreement, the City of Asheville shall provide the amount of $50,000 toward funding this initiative.”","c":"Housing","mo":"consent_batch","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2020-11-10","mt":"regular","id":"NB-A","ref":"RES 20-207","it":"resolution","t":"Resolution amending the City of Asheville Land Use Incentive Grant Policy","desc":"Community Development Program Director Paul D’Angelo said that this is the consideration of an amendment to the LUIG Policy last updated in October 2019. Background: - In November of 2010, City Council first adopted a Land Use Incentive Policy that provided incentives to encourage development projects that fulfill important public purposes directly addressing annual strategic goals set by Council such as affordable housing. - Council directed that the Policy be reviewed yearly after its adoption. Since that time, the Policy has been revised six times in March of 2011, January of 2013, August of 2014, September of 2015, September of 2018 and October of 2019. - A continued goal of Community Development is to make policies easy to comprehend, usable & equated to an investment dollar amount to be used as a source in a pro forma / balance sheet. - Changes of note, as guided by discussions with City Council & Legal include the following: - An $80,000 per unit cap on subsidy over the affordability period; - At least 20% of the units (vs. 10%) must meet the affordability standards set by the City of Asheville for households earning 80% or less of the Area Median Income (AMI), to qualify for LUIG, along with an adjustment in points; - Clarity on - - Rental Assistance Scoring - Procedure for assessing Tax Value - Annual Rent Increases - LUIGI amount - The end of affordability period (Recommend Option 1)  Committee(s): - AHAC - March 5, 2020, approved for HCD; HCD - September 29, 2020; October 20, 2020, approved unanimously to move to City Council Pro(s): - The proposed amendments come from staff, legal, and City Council based on recent usage of the updated LUIG Policy dated October, 2019. - The policy follows Community Development efforts of creating policies that are easy to comprehend, usable & equated to an investment dollar amount to be used as a source in a pro forma / balance sheet. - A cap of $80,000 per unit follows the recommendations from the City Affordable Housing Workshop that occured on September 6, 2019. - A build with 20% units affordable requiring some level of subsidy follows the recommendations from the City Affordable Housing Workshop that occured on September 6, 2019. Con(s): - The proposed cap could deter developers from accessing LUIG and in turn lead to fewer affordable units.  Fiscal Impact: - In terms of the financial impact to the City, future LUIG grant subsidies should remain the same or potentially go down. Mr. D’Angelo did a brief overview of the update to the LUIG policy (1) minimum qualification for length of affordability; (2) recommended cap on per unit subsidy; and (3) post grant guidance (a) reporting requirements; (b) guidelines when tenants exceed income thresholds; and (c) maximum rent increases. In 2010, City Council first adopted the LUIG policy that provides incentives to encourage development projects that fulfil important public purposes like affordable housing. Commitment to developing policies that are simple, usable and equated to an investment dollar amount to be used in a pro forma/balance sheet. Goals achieved are quality affordable housing; and equitable and diverse community. He provided an example of a LUIG. He said to qualify, at least 20% of the units must meet the affordability standards set by the City of Asheville for households earning 80% or less of the Area Median Income (AMI) which would include at least 5% of the units accepting Rental Assistance like Housing Choice Vouchers (HCV). He said the City will only support a LUIG for up to $80,000 per unit of subsidy during the term of the grant although this figure may be adjusted upwards by City Council, if requested by the developer, based on the type of build, level of affordability targeted, length of affordability, shared parking agreement, etc., as well as when a City property tax increase/revaluation occurs. He said that regarding post award, (1) Appendix 1 - rents plus additional guidance, assistance and clarity; (2) verification of income at initial lease-up is required and at yearly lease renewal; (3) if at renewal the tenant is over the 80% AMI income for that year but under 120% AMI, the City requires that you keep the tenant at the affordable rent; (4) if the tenant is over that 120% AMI income at renewal, they can either stay in their until with an adjustment to market rent or not renew their lease; (5) the City requires that income verification on affordable units for renewal occur 120 days before lease end to allow the tenant additional time if over income; (6) annual rent increases for an affordable unit should not exceed 2.5% and the rent cannot be more than that current year’s rent as published in Appendix 1; and (7) one year before the end of the LUIG affordability period, all tenants in affordable units must be notified of this ending date - at the end of the LUIG affordability period, units that are occupied by income qualified tenants must be able to remain in tenancy at the affordable rent until lease renewal. Ms. Ashley Cooper felt that the 80% AMI threshold is high; and hoped City Council will work for livable and workable housing for all. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2020-11-10","mt":"regular","id":"UB-A-ord","ref":"ORD 4842","it":"ordinance","t":"Technical budget amendment to revise the FY 2020-21 CDBG and HOME Fund budgets","desc":"Mayor Manheimer said that this public hearing was held on October 27, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Housing","mo":"individual","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2020-11-10","mt":"regular","id":"UB-A-res","ref":"RES 20-205","it":"resolution","t":"Resolution to update the 2020-21 Action Plan (CDBG contingency and HOME reallocation)","desc":"","c":"Housing","mo":"individual","mv":"Mayfield","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2020-11-10","mt":"regular","id":"UB-B-ord","ref":"ORD 4843","it":"ordinance","t":"Budget amendment to budget the Round 3 COVID-19 grant funds","desc":"Mayor Manheimer said that this public hearing was held on October 27, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding  public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Budget & Finance","mo":"individual","mv":"Haynes","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2020-11-10","mt":"regular","id":"UB-B-res","ref":"RES 20-206","it":"resolution","t":"Resolution to update the 2019-20 Action Plan to include $889,456 in CDBG-CV funds for COVID-19","desc":"","c":"Community Programs","mo":"individual","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":0,"mr":"no material signals","sq":14},{"d":"2020-11-10","mt":"regular","id":"V-A","ref":"","it":"public_hearing","t":"Public hearing to authorize the City Manager to submit the 5-year Consolidated Plan / Annual Action Plan (continued)","desc":"Action Plan for Fiscal Years 20-21 - 24-25 which includes the 20-21 Action Plan for Community Development Block Grants and the HOME Investment Partnership Programs to the U.S. Dept. of Housing & Urban Development. This public hearing was advertised on June 12, 2020. On June 23, 2020, City Council continued this public hearing until August 25, 2020. On August 25, 2020, City Council continued this public hearing until October 13, 2020. On October 13, 2020, City Council continued this public hearing until November 10, 2020.  Background: - The Consolidated Plan (Con Plan) is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. - The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs: - Community Development Block Grant (CDBG) Program - HOME Investment Partnerships (HOME) Program - Every five years, the Community Development Division must prepare and submit to HUD a Consolidated Plan that details our priorities, strategies and performance targets for the region, including Buncombe, Henderson, Transylvania & Madison Counties. - The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. - Grantees report on accomplishments and progress toward Consolidated Plan and Annual Action Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER). - For the market conditions and Housing Needs Assessment (HNA), the City of Asheville partnered with Bowen National Research to produce the Asheville, North Carolina Region Housing Needs Assessment. - For the 5 Year Consolidated Plan, the City of Asheville partnered with the Land of Sky Regional Council of Governments (LOSRC). - The City of Asheville is the Entitlement Community for the CDBG Funding and the Participating Jurisdiction for the HOME Funding. Outreach: - Staff conducted outreach at 9 community events and meetings and held 7 focus group meetings bringing together housing advocates, developers and administrators from the public, private and non-profit sectors in each of the four Consortium counties. - In addition, two evening public meetings were held at the Stephens Lee Community Center, and the Housing Needs Assessment was presented in a public meeting. - In total, 258 people participated in the focus groups and public meetings. - Additional public input was solicited through an online survey. - The survey was available on the City of Asheville’s Open City Hall platform, which automatically translates the survey into over 100 languages. - A participation link was emailed to focus group invitees, past grant recipients, community stakeholders, and local governments and area agencies were asked to distribute the link to their contacts. - A link to the survey was also published in the News section on the City of Asheville’s website, and on the Community & Economic Development webpage. - Availability of the survey was also publicized through the regional newspaper and through social media. - Paper copies of the survey, in English and in Spanish, were available at each public meeting, and were distributed to under-represented community organizations. - Over 300 responses were received and tabulated. - The Draft Con Plan was widely distributed in October and November of 2020. - It was posted on the City and LOSRC’s website, and its availability was noticed through email to all who attended the focus group and public forum events, those who were invited but could not attend, and to the general public through newspaper and social media notices. - The major objective of the citizen participation process has been to ensure that the diverse needs of the region have been heard, and that the broadest range of strategic responses to those needs have been explored. Housing & Community Development Priorities from Community & Stakeholder Outreach 1. New Rental for Households at or below 60% Area Median Income (AMI) 2. Special Needs Housing 3. Promote Homeownership for Low-Income Households 4. Target Low-Wealth Neighborhoods for Improvement 5. Preserve Existing Housing 6. Coordinate Housing Development with Transportation  7. Create Sustainable Jobs for Low-Income Persons 8. Job Training & Placement 9. Start-up and Growth of Small and Micro-Businesses 10. Support Services necessary for Employment 11. Improve Food Security, Healthy Food Availability 12. Develop Multi-Modal Transportation 13. Develop and Improve Community Centers 14. Services that Support Affordable Housing & Jobs 15. End Homelessness 16. Housing Services for Persons with Special Needs 17. Youth Services  Committee(s): - Asheville Regional Housing Consortium Board - November 2, 2020 - Approval Pro(s): - Approval of the 5 Year Consolidated Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. Con(s): - None Fiscal Impact: - The 5 Year Consolidated Plan includes the 20/21 Annual Action Plan which is fully funded from federal CDBG & HOME entitlement grants, unused funds from previously completed projects, and estimated program income. - Staff costs to administer the program are also fully paid from federal sources. - The funded programs will provide new construction and other economic activity in the City and the region, creating and sustaining employment and impacting moderate and low income communities. Mayor Manheimer opened the public hearing at 5:42 p.m. Ms. Ashley Cooper urged Council to step up our resources so we can follow through on what our plans lay out. In accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Housing","mo":"public_hearing","mv":"Smith","sec":"Mayfield","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2020-11-10","mt":"regular","id":"V-B","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mayfield","sec":"Haynes","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1aZ-LiVb0-hEtymufllnvIFyqSI7RyPbM/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2020-12-08","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on November 10, 2020","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2020-12-08","mt":"regular","id":"II-B","ref":"RES 20-212","it":"resolution","t":"Resolution adopting the 2021 City Council meeting schedule","desc":"Summary: City Council formal meetings are the 2nd and 4th Tuesdays of each month. The following meetings are cancelled: July 13, 2021; August 10, 2021; November 23, 2021; and December 28, 2021.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2020-12-08","mt":"regular","id":"II-C","ref":"RES 20-213","it":"resolution","t":"Resolution adopting an update to the City's procurement, surplus, purchasing & contracting policy","desc":"Background: - On October 27, 2020, City Council adopted the Asheville Business Inclusion (ABI) Policy. The ABI Policy replaced and expanded the previous Minority Business Plan. - The adoption of the ABI Policy necessitated updates and revisions to the Procurement, Surplus, Purchasing & Contracting Policy. - These changes included guidance to staff to follow the ABI policy regarding Minority and Women-Owned Business Enterprise (MWBE) outreach in their procurement efforts. - The Procurement Policy had not been substantially updated since 2012. - This policy will become effective on January 1, 2021, in order to coincide with the effective date of the ABI policy. - This policy governs how all procurements for purchases and contracts are handled, as well as the disposal of surplus City personal property. - Amendments and updates to the “Purchasing and Contracting Policy” are as follows: - The title was updated to “Procurement, Surplus, Purchasing, & Contracting Policy” in order to encompass all areas governed by the policy; - References to the ABI policy were included, specifically in regards MWBE outreach, which is required per the ABI policy; - General update to ensure policy is up to date with the North Caorlina General Statutes; - Procedures were removed from the policy and will be placed in separate document; - Addition of a conflicts of interest section for staff who participate in city procurement and contracting; and - A general reorganization of the policy for readability.  Committee(s): - None Pro(s): - Provides necessary updates and revision to a policy that was adopted in 2012 - Ensures the City of Asheville is consistent with State, Federal, and other City policies - Promotes competitive procurement - Supports implementation of the Asheville Business Inclusion Policy Con(s): - None. Fiscal Impact: - None.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2020-12-08","mt":"regular","id":"II-D","ref":"RES 20-214","it":"resolution","t":"Resolution authorizing the City Attorney's Office to condemn a sidewalk easement","desc":"Background: - The City’s Capital Projects Department has a sidewalk installation project planned along Onteora Boulevard. - The City has obtained all required easements needed to complete this sidewalk project except for one along the edge of real property located at 117 Onteora Boulevard. - The property at 117 Onteora Boulevard was owned by Margetta Deese who passed away in 2016. - The City has made repeated attempts to identify Ms. Deese’s potential heirs or personal representatives regarding the needed easement, but has received no response. - The easement needed at 117 Onteora Boulevard is immediately adjacent to the City’s right of way and is entirely within an unbuildable setback. - As such, the City’s condemnation of the needed easement will only minimally impact the subject property’s value.  Committee(s): - None Pro(s): - Will facilitate the completion of a needed sidewalk construction project and safeguard the project schedule. Con(s): - Will result in the commencement of an eminent domain action against the owner. Fiscal Impact: - The expected value of the needed easement is less than $3,000 which is included in the project budget for the subject construction project.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2020-12-08","mt":"regular","id":"II-E","ref":"RES 20-215","it":"resolution","t":"Resolution authorizing the City Manager to sign a lease agreement with T-Mobile South LLC","desc":"Background: - In 2001, the Asheville City Council approved Triton PCS Wireless to install a concealed telecommunications tower and a concrete equipment shelter at 300 Merrimon. - T-Mobile South LLC currently occupies the tower that is located atop a six story brick stairwell adjacent to the historic fire house at 300 Merrimon Avenue. - T-Mobile’s existing agreement with the City is set to expire and they have requested a renewal of 5 years with an additional 5 year renewal. - T-Mobile lease rate is currently $30,000 with an escalation of 3%. - T-Mobile has agreed to a new base rate of $35,000 with the 3% escalation applied at the end of every lease year. - Staff is currently reviewing options for sale or reuse of the historic firehouse and tower at 300 Merrimon. - Preserving the historical character of the property is central in this consideration. - Staff intends to present recommendations to City Council regarding the overall sale or use of the property in 2021. - If Council were to consider a future sale of this property, the lease would be transferable to a new owner. - During this time, staff recommends maximizing the value of the telecom tower by extending the license agreement that is currently active with T-Mobile for equipment on the telecom tower.  Committee(s): - None Pro(s): - The presence of T-Mobile on the tower increases the value of this asset and provides revenue to the City. Con(s): - None. Fiscal Impact: - The City’s General Fund will receive approximately $2,920 per month or $35,000 per year in revenue during the first year of the new lease.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2020-12-08","mt":"regular","id":"II-F","ref":"RES 20-216 / RES 20-217 / RES 20-218 / RES 20-219","it":"appointment","t":"Resolutions appointing Councilwomen to various commissions (Turner-Riverfront, Kilgore-TDA, Roney-CPAC, Turner-Downtown)","desc":"","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2020-12-08","mt":"regular","id":"II-G","ref":"RES 20-220","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract renewal with Axon","desc":"Background: - The Asheville Police Department (APD) is nearing the end of our initial 5 year agreement with Axon for our Body Worn Camera/Taser program. - Axon has offered us reduced pricing to renew if we can finalize the agreement by 12/31/2020. - Axon has structured their quote in such a way that year one costs will remain the same as our prior agreement as they understand we have not budgeted for any increase for FY21. - Our current contract isn’t expiring until July 2021 (FY22) so we would have budgeted the increase for next fiscal year. However, since Axon prices change every new calendar year in January, they’ve offered us to renew early (with credits for current contract paid but unused service time) to secure the current pricing structure. - The additional amount we would have paid in year one has been subsequently spread out over the remaining four years of the agreement. - The total cost of continuing our agreement for another 5 years is $1,862,664.90. Vendor Outreach Efforts: - Axon is our current vendor for the body camera/taser program and utilizes pricing per the OMNIA Cooperative Contract. - Due to pricing from a cooperative contract, no outreach to minority and women owned business was conducted.  Committee(s): - None Pro(s): - Increase safety by continuing to provide equipment beneficial to officers and the public - Strengthen agency accountability and transparency to the public - Reduce complaints and resolve officer involved incidents - Identify and correct potential internal agency problems - Benefit public safety by accurately documenting officer interactions and evidence collection - Used in policy compliance checks such as consent search interactions and documentation - Compliance with National best practices of using a BWC platform to document officer interactions Con(s): - Increase in cost, as expected, from our original 5 year agreement Fiscal Impact: - No impact in the current fiscal year as Axon has calculated the year one payment amount to be $214,008.90, which is already included in the adopted Police Department budget. - Years two through five will see an increase from $221,244 per year to $412,164 per year. - If we had not frozen year one pricing, this five year agreement would have been $372,532.98 per year. - The total obligation in either scenario is $1,862,664.90 over the 5 years of the agreement.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2020-12-08","mt":"regular","id":"II-H","ref":"RES 20-221","it":"resolution","t":"Resolution authorizing the City Manager to sign a change order with Schnabel Engineering","desc":"Background: - The original North Fork Dam and Spillway did not meet current regulations to ensure the integrity of the dam during a probable maximum precipitation event (greatest amount of precipitation for a given duration of time). - In 2006, Water Resources implemented the Flood Operations Plan in an effort to meet these requirements. - In addition, Water Resources took further action to meet N.C. Dam Safety requirements. - In 2015, Schnabel Engineering was selected through a qualification-based selection process for the final design, bidding, and construction oversight for the North Fork Auxiliary Spillway and Dam Improvements project. - Construction began in November 2017 for the 26 month contract. - Requesting a change order for $197,398 will bring the engineering costs for this project to a total of $4,547,568. - Several factors have impacted the project including extending construction oversight and administrative activities, increasing public communication efforts, and additional design services. More specifically: - Heavy and frequent precipitation events in 2018, late 2019, and 2020 impacted activities associated with the critical path (schedule). - Additional design work associated with providing temporary raw water pumping into the treatment process. - Loss of electricity to the temporary pumping system created additional design work. It became necessary to develop two back-up plans to ensure power. - Administrative work to cover additional Request for Information (RFI) and Submittals, Construction Oversight, and progress meetings. - Development and implementation of the end of project communication plan. Vendor Outreach Efforts: - Not applicable, change to an existing contract  Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s): - Although unavoidable, the cost of the project Increased. Fiscal Impact: - The funding needed for the professional services agreement is currently allocated within the Water Resources Capital Improvements Project Fund in the North Fork WTP Dam/Tunnel Repairs Project.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2020-12-08","mt":"regular","id":"II-I","ref":"RES 20-222","it":"resolution","t":"Resolution authorizing the City Manager to execute a one year contract extension","desc":"Background: - This contract has been in place since August 11, 2017, for the service & maintenance of the Chiller unit at the Harrah’s Cherokee Center. - The contract is a service contract. - Daikin Applied Americas, Inc. performs preventative maintenance for the chiller. - The contract includes 40 hours of repair if something brakes. - The City is responsible for parts. - This one year extension is the final extension opportunity for the current contract. - This contract previously did not require City Council authorization as the contract amount totaled $75,090. - The final year extension increased the total contract amount above the $90,000 threshold requiring Council approval. Vendor Outreach Efforts: - When initially contracted, staff performed an informal bidding process which included outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for services. No MWBE service providers responded.  Committee(s): - None Pro(s): - Improves the venue’s ability to host a wider range of events. - Reduced energy consumption with well maintained equipment with intelligent controls. Con(s): - None. Fiscal Impact: - Funds are budgeted within the Harrah’s Cherokee Center’s contracted services account ($26,772).","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2020-12-08","mt":"regular","id":"II-J","ref":"RES 20-223","it":"resolution","t":"Resolution authorizing the City Manager to submit annual recurring applications","desc":"Background: - On November 20, 2020, FBRMPO issued a call for projects for the Federal Transit Administration annual recurring Section 5310 and JARC (Section 5307) grant funds. - The deadline to submit both grants is December 31, 2020. - Section 5310 funding is used for improving mobility for seniors and individuals with disabilities. - The City uses Section 5310 funds to pay for a portion of the City’s existing paratransit service. - The City is going to apply for $166,832 in Federal funds. - The match for these funds is 20%, or $41,708, for a total project cost of $208,540. - JARC (Section 5307) funds are used to fund a portion of the operating costs of Route 170, which operates fixed-route service from downtown Asheville to the Town of Black Mountain. - The City is going to apply for $231,558 in Federal funds, which is 50% of the total cost to operate Route 170. - The match for JARC funds is 50%, so the City’s contribution to the total cost is also $231,558. - The City is the designated recipient for the region and oversees and administers the grants after they are awarded to subrecipients by the FBRMPO. - The City receives a 10% administrative fee for this effort.  Committee(s): - None. Pro(s): - The funds help offset the annual operating cost of paratransit and Route 170 fixed-route services. - The City receives 10% in administrative fees to oversee both programs. Con(s): - The City is responsible for the local matches. - If funds are not awarded, it will significantly impact funding for transit operations and affect the quality of services provided. Fiscal Impact: - The local match will be included in the proposed FY 21-22 operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2020-12-08","mt":"regular","id":"II-N","ref":"RES 20-226","it":"resolution","t":"Resolution setting a public hearing on January 12, 2021 to close a portion of right-of-way","desc":"Background: - N.C. Gen. Stat. § 160A-299 grants cities the authority to permanently close streets and alleys. - Fifty-Five South Market, LLC has petitioned for this closure. They are the owners of the property known as 55 S. Market St., PIN# 9648-59-0637. - The right-of-way is a former City of Asheville street. - This closure will not impede any future use of this right-of-way. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future. This area will be used as the means of egress from the building to the public sidewalk as required by fire code. - This closure allows for the life safety stairs to the public way to remain as constructed.  Committee(s): - Multimodal Transportation Committee - October 28, 2020: Recommended closing the right-of-way by unanimous vote. Pro(s): - The closure would allow for more efficient use of the existing adjacent property. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2020-12-08","mt":"regular","id":"II-O","ref":"RES 20-227","it":"resolution","t":"Resolution setting a public hearing on January 12, 2021 to close a portion of right-of-way","desc":"Background: - N.C. Gen. Stat. § 160A-299 grants cities the authority to permanently close streets and alleys. - Youngblood and Sarah Haske have petitioned to close this right-of-way. - They are the owners of 137 Houston Street, PIN #s 9639-90-3085 and 9639-90-3979. - The Haskes have agreed to grant the City of Asheville an 11.5-foot easement from the new right-of-way line into the property. - This easement will be for future sidewalk, water, and stormwater projects. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future. Current plan is to recombine the two properties. Future use would be to add an auxiliary dwelling unit; however, no plans prepared at this time. - This closure will allow for the recombination of parcels while removing the excess unused portion of right of way from the parcels.  Committee(s): - Multimodal Transportation Committee - October 28, 2020: unanimously supported the closure of the right-of- way with the condition of an 11.5’ easement remaining for future City of Asheville use. Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2020-12-08","mt":"regular","id":"II-P","ref":"RES 20-228","it":"resolution","t":"Resolution setting a public hearing on January 12, 2021 to close an unopened right-of-way","desc":"Background: - N.C. Gen. Stat. § 160A-299 grants cities the authority to permanently close streets and alleys. - Meinch Construction, Inc. has petitioned to close this right-of-way. They are the owners of 99999 Trade St, PIN # 9638-98-2756. Joining this petition are Butler and Celeste Wiltse. They are the owners of 28 Trade St., PIN # 9638-98-3860. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future. - This closure allows for the development of 99999 Trade St by providing more room for construction by adjusting the property lines. - The right-of-way is needed to provide the required screening in the back of the property for 4 residential units that will front on Roberts Street.  Committee(s): - Multimodal Transportation Committee - October 28, 2020: Supported closing the right-of-way by unanimous vote. Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources.  Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2020-12-08","mt":"regular","id":"II-Q","ref":"RES 20-229","it":"resolution","t":"Resolution directing the City Manager and CFO to pursue a rate modification","desc":"Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Lower interest and unused fee expense. Con(s): - None Fiscal Impact: - At current rates and debt balances, the annual cost savings from the rate modification is roughly sixty thousand dollars ($60,000). - As the City continues to draw down on the Bond, the interest savings from the modification will increase. - Following City Council approval, the rate modification will go into effect in early January, 2021.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2020-12-08","mt":"regular","id":"II-R","ref":"RES 20-230","it":"resolution","t":"Resolution ratifying the services rendered to the City by Passport Labs Inc.","desc":"Background: - In addition to the parking citation management contract, Passport Labs currently serves the City of Asheville by providing an app that allows parkers to pay for parking on their mobile device through a separate contract. - These are two separate contracts with Passport. - The City of Asheville entered into a contract with Passport Labs, Inc. on October 1, 2017 for parking citation management services. - The original contract expired on September 30, 2020, and did not include any provisions for renewals. - Passport Labs, Inc. has continued to provide the City services upon the expiration of the initial contract term until present. - The requested contract extension through February 28, 2021, allows City staff additional time to complete negotiations with the vendor for a new service agreement. - The new service agreement will utilize a cooperative purchasing agreement, and is expected to result in a reduction in the cost of services given an identical scope of work to the current contract. - The services provided by Passport Labs, Inc. are integral to Parking Services Division operations. Vendor Outreach Efforts: - N/A - This is a current contract.  Committee(s): - None Pro(s): - Enables the City to continue using an existing agreement which allows for the efficient management of City-operated parking spaces. Con(s): - None Fiscal Impact: - The requested contract extension does not increase the current amount of the contract.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2020-12-08","mt":"regular","id":"II-S","ref":"RES 20-231","it":"resolution","t":"Resolution authorizing the Mayor to execute an amendment to an interlocal agreement","desc":"Background: - North Carolina law allows any community college in North Carolina that has a law enforcement agency to enter into a joint agreement with the governing board of a municipality where the college is located in order to expand the community college’s law enforcement jurisdiction. - AB-Tech has requested that the City and Buncombe County amend its current agreement to allow the AB-Tech police to exercise jurisdiction on the property of the Allied Health Building and the Smith-McDowell House, which are both on or immediately adjacent to AB-Tech’s campus. Pro(s): - Will provide a law enforcement partner with authority necessary to effectively carry out its duties.  Con(s): - None Fiscal Impact: - None.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2020-12-08","mt":"regular","id":"II-T","ref":"ORD 4787","it":"ordinance","t":"Budget amendment to increase the FY2018 Section 5310 grant funds for pass-through transit","desc":"Background: - In March 2019, the City and other regional transit providers applied for a total of $332,174 in FY 2018 Section 5310 Federal Transit grant funds from the French Broad River Metropolitan Planning Organization (FBRMPO). - These funds are recurring annual funds and are used by the City and subrecipients for paratransit and other transit services for seniors and people with disabilities. - In January 2020, the requested funds were awarded and budgeted by City Council. - Recently, the Federal Transit Administration Region IV Office notified the City that an additional $520 in FY 2018 Section 5310 funds was available and should be added to the grant award and that the FBRMPO should determine how to distribute the extra funds although it is a very small amount. - In September 2020, the FBRMPO determined that the $520 should be divided equally among the City, Buncombe County, and Henderson County. - The budget amendment will provide expenditure authorization for the remaining amount of $520, for a total of $332,694 and will ratify the original resolution approving the funds.  Committee(s): - None Pro(s): - Uses all available Section 5310 Federal Transit funds allocated in FY 2018. - The funds help seniors and people with disabilities. Con(s): - None Fiscal Impact: - $520 will be added to the Transit Operating and Multi-Year Funds. No additional City match is required.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":16},{"d":"2020-12-08","mt":"regular","id":"II-U","ref":"RES 20-232","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Responder","desc":"Background: - Responder Support Services currently provides embedded behavioral health support to Fire and Police Departments two (2) days per week for each department. - The need by Fire and Police for behavioral health support has steadily increased in the last several months. - Fire Chief and Police Chief have requested embedded support four (4) days per week for each department. - Increased behavioral health support to Public Safety employees is critical to maintain the health and wellbeing of these employees in order to provide service to the community. Vendor Outreach Efforts: - Current vendor for embedded behavioral health support is Responder Support Services,","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":17},{"d":"2020-12-08","mt":"regular","id":"II-V","ref":"RES 20-233","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with WNC Landscaping, LLC","desc":"Background: - This contract includes provisions for: o pressure washing of City-owned sidewalks in the Central Business District (CBD); o weed control on City-owned sidewalks and curb lines; o general cleanup services to remove loose litter and debris from City-owned sidewalks; and o cleaning of City-owned garbage and recycle cans. - The CBD is divided into two zones - Zone A and Zone B. - Specifically, Zone A will be pressure washed six times in one year; and Zone B will be pressure washed two times. - The contractor will provide weed control on an as-needed basis and patrol daily for loose litter and debris. - Garbage and recycling cans will be cleaned four times per year. - The Request for Proposals (RFP) was advertised on October 10, 2020, and bids were opened on November 5, 2020. - The following five bids were received: WNC Landscaping, LLC of Cedar Mountain, NC $132,503 TruBlue Services, LLC of Easley, SC $137,593 MsLean of Arden, NC $146,996 PD Rivers of Hemingway, SC $158,035 B.H. Graning Landscapes, Inc of Sylva, NC $185,808 - The lowest, responsive bid was determined by the base bid. - The contract also requested prices for extra services to be provided by the lowest responsive bidder if the prices fit into the City’s budget. - These services include two additional washing cycles of Zone A, daily loose debris pickup, and garbage can cleaning. - This accounts for the difference in the base bid price and the contract amount. - This contract will commence at the completion of the current contract. - The contract is for one year, but does provide for two 1-year extensions if the contractor and City agree. - The contract will start on January 8, 2021. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes, which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - One minority-owned business enterprise submitted a bid to be the prime contractor on the project. This bidder was the 3rd lowest bidder and will not be awarded the contract.  Committee(s): - None Pro(s): - Will increase the cleaning frequency of the most heavily used areas of the CBD. - Will provide for the cleaning of City-owned garbage and recycling cans which are a source of complaint. Con(s): - Pressure washing can cause short disruptions for pedestrian traffic. Fiscal Impact: - Funding for this contract is allocated in the FY 2020-21 Public Works Department Budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":18},{"d":"2020-12-08","mt":"regular","id":"II-W","ref":"RES 20-234","it":"resolution","t":"Resolution authorizing the City Manager to execute a memorandum of understanding","desc":"Action(s) Requested: Authorization for City Manager’s execution of an agreement with RRI West Management, LLC (Red Roof Inn) to extend provision of 60 rooms for the emergency homeless COVID-19 shelter through February 8, 2021. Background: - On May 12, 2020, Council ratified the City Manager’s execution of agreements with Red Roof Inn, Inc., Homeward Bound of Western North Carolina, and Axis Security for operations of a COVID-19 motel-based non-congregate emergency homeless shelter for persons experiencing unsheltered homelessness and at significant risk of contracting COVID-19 because of age and/or underlying chronic health concerns. - On October 27, 2020, Council authorized the City Manager to execute extensions of the existing agreements with Red Roof Inn, Inc., Homeward Bound of Western North Carolina, and Axis Security for a 90-day period through February 8, 2021. - Corporate restructuring at Red Roof Inn has placed the Asheville Red Roof Inn property under the direction of a different management division operating under a different company within their organization, RRI West Management, LLC. - Therefore, an agreement with the new corporate entity is now required. - RRI West Management, LLC has agreed to honor all the terms and conditions in the original agreement made with Red Roof Inn, Inc. executed in May 2020.  Committee(s): - None Pro(s): - Continues the successful operation of the existing expanded COVID-19 homeless shelter. - Allows for additional time to effect housing placement for shelter occupants. - Addresses public health and safety. - Non-congregate motel shelter, essential operations, and security costs are eligible for FEMA reimbursement. Con(s): - Potential damages incurred at the motel are not eligible for reimbursement from FEMA. Fiscal Impact: - The additional $274,536 in funding requested for an additional 90-day period through February 8, 2021 was previously approved by Council via Budget Ordinance Amendment 4833 on October 27, 2020. - No additional funding is being requested. - Staff anticipates full FEMA reimbursement for these expenses. Motion(s): - Motion to adopt a resolution to authorize the City Manager’s execution of a Memorandum of Understanding with RRI West Management, LLC to provide 60 rooms from November 9, 2020, through February 8, 2021 at the Red Roof Inn Asheville at a cost not to exceed $274,536.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":19},{"d":"2020-12-08","mt":"regular","id":"II-X","ref":"RES 20-235","it":"resolution","t":"Resolution authorizing the City Manager to acquire real property interests","desc":"Background: - To improve efficiency, it is recommended that the City Council consider delegating authority to the City Manager to acquire interests in real property on behalf of the City up to the amount of $90,000 under certain circumstances. - This delegation would be consistent with the City’s contracting process, where the City Manager has already received a delegation of authority to execute contracts for goods and services on behalf of the City up to $90,000. - If approved, the Manager would be authorized to acquire interests in real property when the following additional two conditions are met: - The City’s Chief Financial Officer confirms that sufficient funds are available to pay for the cost of the real property interest, and - The City Attorney’s Office has reviewed and approved the form of the documents by which the real property interest is acquired. - Due to the $90,000 cap, this authority will most commonly be used to acquire easements or segments of right-of-way in conjunction with City projects. - For purposes of clarity, the proposed Resolution will further ratify all previous easement acquisitions.  Committee(s): - None Pro(s): - Will allow the City to more quickly and efficiently obtain easements or other minor property interests when necessary to complete City projects, including capital projects. Con(s): - None Fiscal Impact: - No direct impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":20},{"d":"2020-12-08","mt":"regular","id":"II-Y","ref":"ORD 4848","it":"ordinance","t":"Ordinance amending the City's Fire Prevention Ordinance to include imposition of civil penalties","desc":"Background: - At the beginning of the COVID-19 pandemic, State and Local emergency declarations required that certain non-essential businesses close in order to curb the spread of the disease. - As businesses have been allowed to re-open, State and Local emergency declarations have required that some operate at reduced capacities, typically expressed as a certain percentage of their maximum occupancy under the North Carolina Fire Prevention Code. - In the course of preparing to enforce occupancy limitations set forth in State and Local emergency declarations, City staff has identified a need to amend the penalties it imposes for violations of the occupancy limits under the North Carolina Fire Prevention Code. - As revised, a first violation of the occupancy limits of the North Carolina Fire Prevention Code would be punishable by a warning and/or a $50 fine, a second by a $100 fine, and third or subsequent violations punishable by a $500 fine and/or by the Fire Marshal ordering the evacuation of a building, premise, or portion thereof to abate the overcrowded condition.  Committee(s): - None  Pro(s): - Allows for escalating penalties based on repeated violations of the North Carolina Fire Prevention Code. Con(s): - None noted. Fiscal Impact: - None; any fines imposed would be paid to the school system pursuant to Article IX Section 7 of the North Carolina Constitution.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"routine motion type","sq":21},{"d":"2020-12-08","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to amend the Unified Development Ordinance (open space requirements) - continued to May 25, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"continuance","sq":25},{"d":"2020-12-08","mt":"regular","id":"K","ref":"ORD 4844","it":"ordinance","t":"Budget amendment to accept a private donation for tactical de-escalation training for APD","desc":"Background: - On September 25, 2020, I spoke with a gentleman who wished to make a private donation from a trust set up in his sister’s name (Trina Mullen Fund for Pritchard Park of The Community Foundation of Western North Carolina) to help improve officer morale. - We discussed several possible uses for this money by the Police Department. - He decided he would like the money to go toward tactical/de-escalation training for the officers, a desire voiced by personnel who attended the listening sessions with local community consultants and staff. - A donation was recorded on November 2nd in the amount of $20,000. Included with the check was a letter specifying that any portion of the funds not used for the purpose for which it has been approved must be returned to the foundation. - APD is requesting the ability to use the aforementioned donations to help fund the cost of additional non-budgeted training for our officers.  Committee(s): - n/a Pro(s): - Police officers should demonstrate the highest levels of professionalism, patience, and tolerance, in the execution of their duties. - To ensure this is done consistently, law enforcement officers need training programs that provide verbal and physical tools to achieve these goals, while simultaneously reducing risk to the officers and those they serve. Con(s): - None Fiscal Impact: - There is no impact to APD’s budget, nor a matching requirement for the donation. In response to Vice-Mayor Smith’s question about under what circumstances can the City accept donations, City Manager Campbell cited some examples, but said that she will provide more information in a memorandum to Council. Councilwoman Roney appreciated the spirit of neighbors partnering with the City.","c":"Public Safety","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"contested vote","sq":22},{"d":"2020-12-08","mt":"regular","id":"L","ref":"RES 20-224 / ORD 4845","it":"resolution","t":"Resolution and budget amendment for the Edward Byrne 2020 Justice Assistance Grant ($62,044)","desc":"","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"contested vote","sq":23},{"d":"2020-12-08","mt":"regular","id":"M","ref":"RES 20-225 / ORD 4846","it":"resolution","t":"Resolution and budget amendment for the 2020 Bulletproof Vest Partnership Grant ($70,560)","desc":"","c":"Budget & Finance","mo":"individual","mv":"Smith","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"contested vote","sq":24},{"d":"2020-12-08","mt":"regular","id":"V-A","ref":"RES 20-236","it":"resolution","t":"Resolution authorizing submission of the 5 Year Consolidated Action Plan for FY 20/21-24/25 to HUD","desc":"Mayor Manheimer said that this public hearing was held on November 10, 2020, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing.  Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"contested vote","sq":26},{"d":"2020-12-08","mt":"regular","id":"VI-A","ref":"RES 20-237","it":"resolution","t":"Resolution to approve a Housing Trust Fund loan of $1.2M to the Bryson Group for 12 for-sale condominiums","desc":"Mr. Paul D’Angelo, Community Development Program Manager said that this is the consideration of a request by Bryson Investment Group LLC to utilize a Housing Trust Fund Loan of $1.2M to construct 12 affordable single family condominiums on property located at Arline Henry Way in West Asheville. Background: - The Bryson Investment Group LLC, consisting of Kyle Henry and Tyler San Souci, Local Developers, has proposed the development of 12 single family condominiums available to be sold to individuals and families at or below 80% of the Area Median Income (AMI) on a 0.5 acre parcel to be constructed on Arline Henry Way (PIN #9638-52-5112) in the City of Asheville. - All 12 homes are intended to be at one and two bedrooms - six - one Bedrooms at 803 sq. ft. and six - two bedrooms at 979 sq. ft. - In 2017, this lot was purchased by Ground Floor Properties, consisting of Kyle Henry, Tyler San Souci & Aaron Palmer, to be developed in partnership with the Bryson Investment Group LLC. - Plans were submitted to the City of Asheville to develop 12 condominiums on this site the end of September 2020. - Due to the size of this development, it does not require zoning approval by City Council. - Water and sewer is available on the property. Proposal: - The developer seeks a loan of $1,200,000 from the City’s Housing Trust Fund (HTF). - Bryson needs this funding, $100,000 per home, to construct the homes for a total of 12 single family condominiums. - The construction will be a modular build with a partnership with Cardinal Homes out of Virginia. - Bryson / Ground Floor Properties is committing the property, estimated at $450,000, as collateral. - Bryson proposes to borrow $1.2M over a period not to exceed 18 months at 1% annual interest rate, with no payments due until the sale of each home or 24 months, whichever comes first. - Units will be made available to qualified affordable individuals and families with a sale price of approximately $199,000 for the 1 bedrooms and $239,000 for the 2 bedrooms, a sales figure that falls within the pricing for individuals and families at an annual 80% AMI. - The developer, with staff assistance, will attempt to find buyers below 80% AMI that can qualify for these 12 homes with the help of local or national Down Payment Assistance Programs. - The homes will come with a deed restriction of affordability for 10 years, meaning if the home is sold within that time period, the owner will sell it to another income qualified family at or below 80% AMI. - Please note - if approved, this project will be subject to the City's underwriting process and further due diligence. - Additional documents will be required and verified prior to loan closing. - No loans will be disbursed until all requirements are met.  Committee(s): - HCD - November 17, 2020 - 2-1 approval to move to City Council with Councilwoman Young voting no/not recommending to move to Council. Pro(s): - The project produces 12 homes for individuals and families at or below 80% AMI at a location ½ mile from Haywood Road in West Asheville, with good access to transit and essential services. - The Bryson Investment Group is a local developer with over 10 years of experience building in the Asheville Market. - Working with Bryson demonstrates the City of Asheville’s commitment to working with more developers, including for-profit developers and infill developers, to be a part of the solution to affordable housing, both rental and homeownership. - Affordable homes sold to individuals or families at or below 80% AMI at a sales price that better aligns with the incomes and wages produced in Asheville allows residents to have an opportunity to build wealth with homeownership. - HTF loans for homeownership allow the funds to be paid back much quicker, at either the sale of the home, or a limited time period like two years. Con(s): - Loan amount per unit is above the Housing Trust Policy’s recommendation of $20,000 per unit. - The affordability period is only 10 years. - Loan amount requests a 1% interest rate, which is less than the Housing Trust Fund Policy’s recommendation of 2% interest on all loans except those given special terms. Fiscal Impact: - Approval of this loan request will leave approximately $600,000 remaining in the HTF for future loans. Mr. D'Angelo explained what 80% Area Median Income is and the several categories of individuals who would qualify for this housing project. Mr. Aaron Palmer, real estate broker and part of the development team, said that Pineview Place is an affordable housing project that will provide home ownership to the people who need it the most. The target population is to provide a home ownership opportunity to individuals and families that are at 80% of the Area Median Income. This will be modular construction, which means a quick build time with the ability to provide home ownership within 6 months of beginning construction. Kituwah Manufacturing, the modular company, is owned by  the Cherokee Nation out of Cherokee, N.C. The main focus of Kituwah Manufacturing (d/b/a Cardinal Homes) is to provide affordable housing for their tribe’s elders and others in the community who need it most. Mr. Kyle Henry, general contractor, showed a sketch of a classic Montford style home, with a new age west Asheville flair. This project is a true infill development and conforms to development services of the zoning ordinance. He then explained the floor plans. Mr. Palmer said that the project is centrally located only ½ mile to Haywood Road, less than a mile walk to Carrier Park and less than ½ mile walk to a public bus line on Hanover Street. They have listened to the community regarding traffic; additioning additional land; the style of building design (working closely with the Development Services Department); curb appeal to have a landscaping buffer; and condo setup to include a low monthly fee that covers items such as water, sewer and maintenance of the property. He explained the build time is expected to be 4-6 months. The proposed payback at the sale of each unit will be at a predetermined amount. The 18 month loan is with a 24 month payback period at the maximum timeframe. In summary, they are targeting 80% AMI; deed restricted for up to 10 years at 80% AMI; one bedroom price is $199,000; two bedroom price is $239,000; down payment assistance potentially provided by the City of Asheville along with other bank and mortgage lenders; local mortgage lenders such as Prime Mortgage can help provide financing; local outreach with other local organizations such as Mountain Housing Opportunities, OnTrack and Asheville-Buncombe Community Land Trust; and commitment to working closely with Community Development Division. It is their hope to provide this type of project on other infill parcels in the City of Asheville in order to provide affordable housing to the community with the 5-50 Program, which is their goal to provide 50 similar homes over the next 5 years. Mr. D’Angelo responded to several questions/comments from Council, some being, but are not limited to: are any of our old Housing Trust Fund loans being repaid back and are there update to the Housing Trust Fund figures at the City Council Housing & Community Development Committee meetings; distinguish the difference between when there is City-owned land for affordable housing vs. dealing with private developers; can the City’s Down Payment Assistance Program help people get into these units; is the City working with the developer to partner with other organizations that have down payment assistance programs, i.e., Habitat, Mountain Housing Opportunities, Asheville-Buncombe Community Land Trust; are condo fees taken into account in the price of the units; and can we connect the City’s Minority Business Program Manager with the developer. From advanced live call-ins, 6 individuals spoke regarding this item, some comments being, but are not limited to: concern that the City is loaning money to developers who will make money off a project when we should put money towards free housing for homeless; how does the City determine who gets a Housing Trust Fund loan; is there a way to guarantee people of color are invited and helped to get into these units; assessment of equity should be included in all staff reports; equity can’t be achieved until there are structures in place to address the inequities in our community; this should be reviewed by the Office of Inclusion; period of affordability should be extended more than 10 years; and no sign of reparations in the loan or the project. Mr. D’Angelo responded to Councilwoman Kilgore when she asked if the project affordability could be in perpetuity. In response to Councilwoman Turner if in the future we might match the interest rate with the number of years in the loan, Mr. D’Angelo said that the Housing Trust Fund policy is beginning to be updated and once complete, it will come to Council for approval.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":27},{"d":"2020-12-08","mt":"regular","id":"VI-B","ref":"RES 20-238","it":"appointment","t":"Resolution appointing members to the Homeless Initiative Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Homeless Initiative Advisory Committee (HIAC). The terms of Charles Rosenblum, Elvia Diaz and James Hartye expired on November 1, 2020. The following individuals applied for the vacancy: Laura Kirby, John Magee, Sara Coplai, Jason Desai and Sarah Rick. Boards & Commissions Committee recommended reappointing Elvia Diaz (homeless or formerly homeless representative) and appointing Sara Coplai and Jason Desai.","c":"Housing","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":28},{"d":"2020-12-08","mt":"regular","id":"VI-C","ref":"RES 20-241","it":"appointment","t":"Resolution appointing members to the Human Relations Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Pearl DeBellott resigned as a member of the Human Relations Commission, whose term expired on June 1, 2020. Zakiya Bell-Rogers, Nicole Townsend, Isaiah Greene and Daniele Martin have resigned as members of the Human Relations Commission, thus leaving unexpired terms until June 1, 2021. In addition, the terms of Mychal Bacoate and Patrick Conant expired on June 1, 2020.  The following individuals applied for the vacancy: Susy Chandler, Melissa Ray, Sam Franklin, Bernie Lee Miller, Veronica Colt, Alexandra DiSclarfani, Britni Worley, Ricky McGrath, Emma Nichole Worthy, Will Overfelt, Melanie Noyes, Tim Collins, Alfred D. Green, Daniel Young and Brandon Oliver. On September 22, 2020, and October 27, 2020, at the recommendation of the Human Relations Commission, it was the consensus of City Council to allow the Commission time to interview applicants and make a recommendation. On December 8, 2020, the Boards & Commissions Committee recommended to postpone appointments to allow the Boards & Commissions Committee further review of the applications. However, Councilwoman Roney, liaison for the Commission, put forth the names of Veronica Colt, Will Overfelt, Alfred Green and Brandon Oliver to be appointed to the Commission in order for the Commission to maintain a quorum. Councilwoman Roney to (1) appoint Will Overfelt, Brandon Oliver and Alfred Green as members of the Human Relations Commission to each serve a two-year term respectively, terms to expire June 1, 2022, or until their successor has been appointed; and (2) appoint Veronica Colt as a member of the Human Relations Commission to serve the unexpired term of Mr. Greene, term to expire June 1, 2021, or until her successor has been appointed. This motion was seconded by Councilwoman Mosley and carried on a 6-1 vote, with Councilwoman Wisler voting “no.”","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"contested vote","sq":29},{"d":"2020-12-08","mt":"regular","id":"VI-D","ref":"RES 20-239","it":"appointment","t":"Resolution appointing members to the Multimodal Transportation Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Multimodal Transportation Commission. Kim Roney (transit representative) has resigned as a member of the Multimodal Transportation Commission, thus leaving an unexpired term until July 1, 2021. David Nutter (greenway representative) and Lisbeth Medlock (transit representative) have resigned, thus leaving two unexpired terms until July 1, 2022. In addition, the terms of Rich Lee (at-large representative), and Patricia Katz (at-large representative) expired on July 1, 2020. The following individuals applied for the vacancy: Sandy Aldridge, Kristen Goldsmith, John Bausone, Marty Shults, Michael G. Waddle, Lydia Buehrer, Joseph Chester, Maggie Ullman and Bill Loftis. On August 25, 2020, it was the recommendation of the Chair of the Multimodal Transportation Commission, recommendation of the Boards & Commissions Committee, and consensus of Council to re-advertise for the vacancies. On September 22, 2020, at the recommendation of the Multimodal Transportation Commission, it was the consensus of City Council to readvertise and allow the Commission time to review applications and make a recommendation. The Multimodal Transportation Commission recommended, and the Boards & Commissions Committee concurred, to reappoint Patricia Katz (at-large representative); appoint John Bausone and Michael Waddle as transit representatives; appoint Lydia Buehrer as a greenway representative; and readvertise for the at-large representative.","c":"Transportation","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"policy category","sq":30},{"d":"2020-12-08","mt":"regular","id":"VI-E","ref":"RES 20-240","it":"appointment","t":"Resolution appointing a member to the Neighborhood Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Neighborhood Advisory Committee. The terms of Philip Lenowitz (28804 representative) and Barber Melton (28805 representative) expired on July 1, 2020. The following individuals applied for the vacancy: Damita Jo Wilder, Bonnie Snyder Hanrick, Sharon Sumrall and Peter Abzug. On September 22, 2020, and October 27, 2020, at the recommendation of the Neighborhood Advisory Committee, it was the consensus of City Council to readvertise for the 28804 and 28805 seats. Because no one was eligible for the 28804 seat, the Neighborhood Advisory Committee, and the Boards & Commissions Committee recommended appointing Sharon Sumrall (28805 representative) and re-advertising for the 28804 seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":0,"mr":"no material signals","sq":31},{"d":"2020-12-08","mt":"regular","id":"VI-Vance","ref":"","it":"motion","t":"Motion to accept the recommendation of the Vance Monument Task Force and partner with Buncombe County","desc":"","c":"Community Programs","mo":"individual","mv":"Mosley","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/16xzxlD4usPEhQ7mUpDYm9YHll8KAR-C7/view?usp=sharing","mat":1,"mr":"contested vote","sq":32},{"d":"2021-01-12","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on December 8, 2020","desc":"Background: - As part of the Fiscal Year 2021-2022 Operating and Capital Budget development process staff is proposing a budget schedule. - In addition to meeting the statutory requirement that the City Council adopt a balanced budget before July 1, 2021, the FY22 budget process is intended to more clearly identify the links between service, program and project investments and community interests. - Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources. - Unlike previous years, the process will include a higher level of community engagement as well as consultations with City Council beginning at a retreat and continuing through work sessions with a focus on - Integrating with ongoing public engagement efforts building on the 30/60/90 day plan now called Advancing Racial Equity in Asheville. - Reviewing key services to identify customer impact. - Establishing clear goals to measure desired community outcomes. - The process culminates with the following actions as required by state law: - Formal presentation of the City Manager’s Proposed Budget on May 11, 2021. - A Public Hearing on the Proposed Budget on May 25, 2021. - Budget adoption June 8, 2021.  Committee(s): - None Pro(s): - Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY22 budget. Con(s): - None. Fiscal Impact: - None.","c":"Administrative","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-01-12","mt":"regular","id":"II-B","ref":"","it":"motion","t":"Motion adopting the Fiscal Year 2021-22 City Council Budget Calendar","desc":"Background: - As part of the Fiscal Year 2021-2022 Operating and Capital Budget development process staff is proposing a budget schedule. - In addition to meeting the statutory requirement that the City Council adopt a balanced budget before July 1, 2021, the FY22 budget process is intended to more clearly identify the links between service, program and project investments and community interests. - Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources. - Unlike previous years, the process will include a higher level of community engagement as well as consultations with City Council beginning at a retreat and continuing through work sessions with a focus on - Integrating with ongoing public engagement efforts building on the 30/60/90 day plan now called Advancing Racial Equity in Asheville. - Reviewing key services to identify customer impact. - Establishing clear goals to measure desired community outcomes. - The process culminates with the following actions as required by state law: - Formal presentation of the City Manager’s Proposed Budget on May 11, 2021. - A Public Hearing on the Proposed Budget on May 25, 2021. - Budget adoption June 8, 2021.  Committee(s): - None Pro(s): - Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY22 budget. Con(s): - None. Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-01-12","mt":"regular","id":"II-C","ref":"RES 21-1","it":"resolution","t":"Resolution ratifying an amended services contract with Griffin Waste Services for rental and maintenance of portable toilets and handwashing stations for public use","desc":"Background: - Due to the COVID-19 pandemic and resulting closure of public and private buildings in March 2020, portable restrooms and handwashing stations were deployed for public use as an emergency response as per direction from the City-County Emergency Operations Center. - Griffin Waste Services in Asheville was an existing provider of services to City facilities prior to the pandemic and the only contractor identified in the region with the capacity to fulfill the services required. - As authorized by the City Manager, a contract was established with Griffin Waste Services in June 2020 for an amount not to exceed $89,000 for rental, routine cleaning, and daily maintenance of the units. - On September 8, 2020, City Council adopted resolution 20-157 authorizing the City Manager to execute an amended services contract with Griffin Waste Services increasing the total by $65,000, from $89,000 to $154,000, allowing the vendor to perform the work through December 2020. - The need for portable restrooms and handwashing stations is expected to continue until the COVID-19 emergency declaration is canceled. - An amended contract with Griffin Waste Services to increase the total by $45,000, from $154,000 to $199,000, will allow the vendor to perform the work through March 2021. Vendor Outreach Efforts: - At the start of the pandemic, staff searched for all providers throughout Western North Carolina, Greensboro, NC, Charlotte, NC, and Greenville-Spartanburg, SC, and engaged in a search for national providers including options to lease or purchase equipment. - Griffin Waste Services, recently merged with Able Rent-a-Jon, was the only local vendor with available capacity.  Committee(s): - None Pro(s): - Supports basic public health needs during a Pandemic Con(s): - None Fiscal Impact: - Funding for this contract amendment of $45,000 is coming from Coronavirus Relief Funds (CRF). If operations are continued beyond March 2021, another funding source will need to be identified.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-01-12","mt":"regular","id":"II-D","ref":"ORD 4849","it":"ordinance","t":"Ordinance reaffirming and extending Ordinance No. 4801, allowing the City Manager to temporarily suspend collection of certain fees and charges during the COVID-19 pandemic","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-01-12","mt":"regular","id":"II-E","ref":"RES 21-2","it":"resolution","t":"Resolution authorizing the City Manager to ratify and amend the transit software contract with Swiftly Inc.","desc":"Background: - City Council approved Resolution No. 20-198 on November 10, 2020, authorizing the City Manager to amend the Swiftly, Inc. agreement in order to increase the contract amount through Year 3 to $110,743 resulting in an increase to the total contract amount to $179,922.10. - Swiftly, Inc. provides real-time passenger information services. - The overall contract for the cumulative amount of four years has only changed by $1.00 The annual contract amounts are as follows: - Year 1 - FY 2019 = $38,180.00 - Year 2 - FY 2020 = $30,999.00 - Year 3 - FY 2021 = $52,902.00 - Year 4 - FY 2022 = $57,842.10 - The total amount of the contract changed from $179,922.10 to $179,923.10.  Committee(s): - None. Pro(s): - Provides the corrected amount needed through Year 3 of the agreement. - Provides the corrected total contract amount through Year 4 of the agreement. Con(s): - None. Fiscal Impact: - Funding for Year 3 of the agreement is included in the adopted Fiscal Year 2020-21 Transit Services operating budget and Funding for Year 4 will be included in the recommended Fiscal Year 2021-22 Transit Services operating budget.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-01-12","mt":"regular","id":"II-F","ref":"RES 21-3","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Carolina Specialities of Hendersonville for the Jake Rusher Park improvement project","desc":"Background: - Extensive unsuitable soils, unexpected buried building debris, and pervasive groundwater were encountered during the installation of the stormwater system at Jake Rusher Park. - Geotechnical analysis was performed on the site prior to construction. - Summer rainfall events elevated the groundwater table and had a significant impact on the soil conditions encountered while burying the storm pipe. - Changed site conditions resulted in excavations that filled with water which was not expected based upon the geotech analysis. - Dealing with these unexpected site conditions required changes in the pipe installation methodology. A stone base and drains were required to provide a suitable substrate on which to install the pipe. - Old boilers were also found buried on the site. This equipment was a remnant of a previous site use. - This was an unexpected discovery but the debris had to be removed in order to complete the work on this site. - There was no expectation that this type of debris would have been left buried from a previous use. - These changes resulted in prices that exceeded the originally approved contract and contingency of $1,072,801 by $110,000. - The original contracted completion date was October 2020. Due to the challenges described in this staff report and other weather related delays, the project will now be completed in the spring of 2021. Vendor Outreach Efforts: - This is a change to an existing contract.  Committee(s): - None. Pro(s): - Provide needed infrastructure improvements for this South Asheville park which are scheduled for completion in the spring of 2021. Con(s): - Unexpected increase in the project cost. - Unexpected extension of the project schedule. Fiscal Impact: - Funding for this contract amendment will come from the Capital Improvement Program (CIP) contingency budget that was previously approved as part of the Fiscal Year 2020-21 Adopted Budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-01-12","mt":"regular","id":"II-G","ref":"RES 21-4 / RES 21-5 / ORD 4850","it":"resolution","t":"Resolutions ratifying the City Manager's execution of a contract with Western Carolina Rescue Ministries and a cost-sharing agreement with Buncombe County for Code Purple emergency shelter, and budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-01-12","mt":"regular","id":"II-H","ref":"RES 21-6 / ORD 4851","it":"resolution","t":"Resolution authorizing the City Manager to accept grant funding from the Natural Resources Defense Council for the City's food policy action plan, and budget amendment","desc":"","c":"Housing","mo":"consent_batch","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-01-12","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to permanently close a portion of right-of-way - motion to continue comment period 24 hours","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2021-01-12","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to permanently close a portion of right-of-way - motion to continue comment period 24 hours","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2021-01-12","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to permanently close a portion of an unopened right-of-way - motion to continue comment period 24 hours","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2021-01-12","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to Articles II and III (UDO) - motion to continue to March 23, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2021-01-12","mt":"regular","id":"IV-E","ref":"","it":"public_hearing","t":"Public hearing to consider the conditional zoning of 32.2 acres at Sand Hill Road - motion to continue comment period 24 hours","desc":"When Mayor Manheimer said that no Traffic Impact Analysis (TIA) has been reviewed by the City, Councilwoman Turner and Councilwoman Wisler said they would be okay in moving into the public hearing phase; however, they want to make sure that as soon as the TIA and recommendation from the N.C. Dept. of Transportation (NCDOT) is available, that it is provided to City Council. Councilwoman Turner felt that when the application is reviewed by City Council, it should have the TIA included. Principal Planner Shannon Tuch said that the TIA has been completed and sent to the NCDOT; however, staff has not heard the results. She did note that in the B.1 conditions, there is a condition that the applicant will be required to complete any recommendations identified through the TIA review process. She did note that most likely, those recommendations will be off-site and affect the roads around the project. Ms. Tuch said that this is the consideration of an ordinance to conditionally zone 32.2 acres of property located at 99999 Sand Hill Road from Commercial Industrial District to Commercial Expansion/Conditional Zone for an approximately 130,000 square foot warehouse and distribution facility and surface parking and vehicle storage areas, along with a change in the  Future Land Use Map from Urban Center to Employment/Anchor Institution Center. This public hearing was advertised on January 1 and 8, 2021. Project Location and Contacts: - The project site consists of a portion of a larger 45.4 acre parcel located at 99999 Sand Hill Road (PIN 9617-43-0440). - Owner: Enka Partners of Asheville. Summary of Petition: - The applicant is proposing to build an approximately 130,000 square foot single-story warehouse building with an overall height of 48 feet. - The application is for a rezoning via conditional zoning due to the size of the building, and includes a site plan and conditions proposed by the developer. - 926,807 square feet or 21.3 acres (61% of the site) is covered with an impervious surface. - The project includes 34.87 acres of disturbance with 3.17 acres of that disturbance occurring off-site for the purpose of constructing the access road and an above ground detention basin - The site will obtain access via a new road construction off of Enka Heritage Way, which will connect to Smokey Park Highway (US 19/23) via a newly constructed bridge. - A traffic impact analysis is required with the N.C. Dept. of Transportation to review and approve. - The Enka Heritage Trail greenway and easement is planned to run along the west side of the property as identified on the landscape plan. - Hominy Creek and tributaries are nearby, but off-site of the project area. - 278 employee surface parking spaces are provided (including seven ADA spaces) as permitted by the City’s Unified Development Ordinance (UDO). - 696 van storage spaces are also shown and are classified as outdoor vehicle storage. - Sidewalks and/or striped pedestrian pathways connect the parking areas to the building; additional sidewalk is provided along the access drives and around the building and range in size from four feet to 12 feet wide. - A wider 18 foot pedestrian/loading zone is located in front of the building. - An existing historic clock tower is currently protected under Ordinance No. 3921 (2010) and is shown on the site plan and B1 conditions to be protected and preserved. - If approved, the new ordinance will supplant the 2010 Ordinance. - While historic, the tower is not a designated landmark or identified as a contributing structure to a registered historic district. - Other key site features include: - Permanent and construction easements for a segment of the Enka Heritage Trail Greenway. - 15 percent of the site is set aside as open space. - 10 to 11 percent of the site will be reforested to meet tree canopy requirements, the remaining nine to 10 percent will be provided through a fee-in-lieu. - A portion of a new road (Enka Heritage Way) will be constructed as part of this project and maintained by NCDOT, connecting Smokey Park Highway (US 19/23) to Sand Hill Road. - The project does not comply with the zoning standards in the following ways: - Commercial Expansion requires 10 foot wide sidewalks throughout; the proposed plan provides a range of sidewalk widths from four to 12 feet wide. - Commercial Expansion requires operable pedestrian entrances every 75’ along the primary facade; operable entrances will be provided as shown on the approved building elevations. - Parking lot islands must maintain an average width of 10 feet; most islands will average nine feet wide as shown on the approved site plans.  - Outdoor site lighting shall maintain a Backlight-Uplight-Glare (“BUG”) rating of B3-U0-G3; approximately two thirds of onsite pole luminaires will be type 5 (360 degree) lamps which have a BUG rating of B4-U0-G2. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan themes of a “Livable Built Environment” and “Resilient Economy” by aligning with the following goals: - Encourage Responsible Growth by directing growth in designated growth areas that provide access to housing, transportation, goods and services, and employment opportunities. - Promote Great Architecture and Urban Design to Enhance Placemaking by encouraging the preservation of the historic Enka community clock tower. - Make Streets More Walkable, Comfortable and Connected by preserving the opportunity for future greenway construction. - Facilitate Real Estate Development that Maximizes Public Benefit by locating an employment opportunity in areas slated for future growth and in proximity to transportation and recreation facilities. The growth scenario maps all identify the areas around the intersection with Sand Hill Road and Smokey Park Highway as employment/anchor institution centers suitable for higher density/intensity development. Compatibility Analysis: - The proposed zoning and land use is compatible with the surrounding zoning and uses. - South of the subject property is industrial (IND) zoned property that supports an active manufacturing plant; to the west is additional IND zoned property that supports the AB Tech Community College; to the east is a mix of industrial and warehouse uses located in Buncombe County and zoned Employment (EMP); and to the north across Smokey Park Highway is a mix of highway oriented commercial businesses zoned Highway Business (HB). - The proposed development’s warehouse and distribution use contributes to the employment center that already exists in this location and is well located for access to transportation corridors.  Committee(s): - Technical Review Committee (TRC) - November 16, 2020 - approved with conditions - Planning & Zoning Commission (PZC) - December 2 and 17, 2020 - recommend approval Fiscal Impact: - The proposed road improvements are not in the City's jurisdiction and will not be city maintained, while other service costs and are expected to be offset by anticipated property tax revenue (approximately $130,000 annually, based on an initial investment of $30 M). This project also supports the Asheville economy by providing approximately 115 full time, 50 part time, and 190 delivery service driver jobs (drivers are third party contractors). Ms. Tuch said that on the Site Plan, it shows 278 employee parking spaces, 696 van storage spaces, landscaping (parking lot, building impact), 21.3 acres (61%) of impervious surfaces, bioretention cells in parking lot + 2.3 acre pond, sidewalks (4-12’ wide, throughout site), tree preservation (reforest 10% + fee-in-lieu), open space, historic historic clock tower preserved  and protected, greenway easements (to be coordinated with Buncombe County), access via new road construction, and bike lanes. The conditions, in general (1) one-story warehouse and distribution facility (a) approximately 130,000 square feet; (b) 278 employee parking spaces; (c) 696 van parking/storage spaces; (d) 31.7 acres of disturbance; and (e) landscape, open space and tree preservation requirements met; and (2) two access points from Enka Heritage Way (a) a Traffic Impact Analysis required and reviewed by the N.C. Dept. of Transportation - any recommendations must be met; and (b) the new roadway and bridge will be maintained by the N.C. Dept. of Transportation. Modifications/exemptions from the conditions include (1) sidewalk width (varies 4-12’ throughout); (2) tree island width (9’ minimum); (3) spacing of pedestrian entrances (further than 75 feet apart); and (4) backlight rating exceeded (4 instead of 3) on most parking lot lights. In response to Councilwoman Wisler, Ms. Tuch provided information on why this area would have been identified as a future urban center, noting that there is tech and industrial property around it. When Councilwoman Roney asked about the annual property tax, Ms. Tuch said that the estimated amount is approximately $130,000, which will more than offset the City’s serve needs to this property. Mr. Brian Hall, Director of Development of Samet Corporation, said that jobs range in scale beginning at a minimum of $15.00/hour. There will be 115 full-time employees, 50 part-time employees and 190 service delivery drivers or independent delivery contractors, for a total of 355 jobs. Full-time employees begin benefits the first day hired and they include medical, dental and vision. This is a brownfields site and they are complying with the brownfields program. They have a work plan to be able to accommodate their proposed project into the N.C. Dept. of Environmental Quality for approval in accordance with the brownfields agreement. That involves creating, developing and constructing this site to protect against future environmental issues as well as allowing the site to move forward from its past of environmental contamination. Scopes of work include mitigation systems and barriers to protect the building. In the vehicle storage area, in addition to the bioretention cells and the landscaping islands and the trees, they have included in their plan an electrical conduit underneath that entire outdoor store area to allow a charging station at each one of the van parking spaces. In the future, as the electric vehicles are manufactured and available, the expectation is for that entire fleet of delivery service vehicles to be electric and to be able to be plugged in. They are investing roughly $3.5 Million now on that electrical conduit to be able to accommodate those electric vehicles as they become available. As part of the project on the construction side, they will adhere to the construction pollution prevention plans on site, including erosion control and stormwater quantity and quality retention on site. In addition to the commitment to the greenway and preservation of the historic clock tower, they will be happy to reforest and replant 10% of trees on the site that doesn’t really have any. Regarding the TIA, that was completed three weeks ago and submitted to the NCDOT. The NCDOT said they would respond by January 19. He noted that they have committed upfront that any recommendation from the NCDOT for traffic mitigation will be incorporated into their plan. Mayor Manheimer opened the public hearing at 6:41 p.m. From advanced live call-ins, 3 individuals spoke in support of this project. In response to Councilwoman Roney, Mayor Manheimer said that at the January 26 meeting when this vote will be taken, there will be an opportunity for Council to deliberate, but there will be no future public comment. However, she did note that the public is able to submit  written comments on any public hearings 24 hours after the hearings and City Council will be provided with those comments. In response to Councilwoman Turner, Mr. Hall said that the electric delivery vehicles should be available in 24-36 months and once those have been acquired, they want to immediately switch over to all electric service vans. Regarding solar, their plans include construction of the building roof to be capable of holding solar panels. But since the electrical service for the building and vehicles is a complex electric system, they also anticipate 24-36 months to have the solar panels installed. When Councilwoman Turner asked about the traffic impact, Mr. Hall said that the facility would receive approximately 16 truckloads a day, which would be 16 truck movements in and out a day to supply to the facility. They often come in during the evenings hours to restock. The products in the building are then loaded on the delivery service vehicles, generally in the morning, and then dispersed throughout the day. Often, there is a second shift later in the day, based on customer demand. Mayor Manheimer wondered if there has been an analysis done on the number of miles driven by consumers to pick up their goods vs. having the delivery truck deliver the goods. When Councilwoman Turner and Councilwoman Roney expressed concern about losing land that could be used for affordable housing, Mr. Hall stated that the brownfields agreement in place for that site specifically states that residential is not allowed based on its previous contamination. In addition, Assistant City Manager Cathy Ball noted that the property is deed restricted against residential. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2021-01-12","mt":"regular","id":"IV-F","ref":"","it":"public_hearing","t":"Public hearing on proposed Civil Service Board substantive rule - motion to continue comment period 24 hours","desc":"Interim Human Resources Director Shannon Barrett said that this public hearing on the Civil Service Board Substantive Rules was advertised on January 1 and 8, 2021.  Background: - The Asheville Civil Service Act provides that the Civil Service Board (“CSB”) “shall make . . . substantive rules for promoting efficiency in the classified service of the City.” - The act further provides that the City Council, after giving members of the classified service and citizens of Asheville an opportunity to be heard at a public hearing, shall act upon the proposed rules and amendments, which become effective upon approval by a majority vote of the Council. - On December 3, 2020, the CSB voted to approve substantive rules clarifying important aspects of the City’s personnel administration and the Board’s jurisdiction, including definitions of terms (such as demotion, discharge, due process,and suspension), important to the City’s personnel administration and the Board’s standard of review for grievance hearings. Pro(s): - Will provide employees, the City, and members of the Board with clarity about the types of employment actions falling under the Board’s jurisdiction, as well as the standards the Board uses when determining whether a complaint of employment action is justified. Con(s): - None Fiscal Impact: - None Deputy City Attorney John Maddux said that the Civil Service Act passed in 1953 and it applies only to the City of Asheville. Two it has two main functions (1) review promotional criteria in Police & Fire Departments and (2) hear certain employee grievances. The Civil Service Act was revised in 2009 that required that the Civil Service Board pass substantive rules, subject to amendment and adoption by City Council. Procedural rules were adopted in 2013 and a subcommittee was formed in 2014; however, rules were not finalized. The lack of substantive rules is not an issue for day-to-day administration since employees operate under City Manager administrative and departmental rules. Clarification is needed for how the Civil Service Board will resolve issues in grievance hearings - to define common terms and clarify hearing standards. In 2020 the Civil Service Board and City staff collaborated on development of substantive rules (1) engaged proactively with employee associations; and (2) agreement that engagement should value accountability and respect for employees’ due process rights. Ms. Barrett reviewed the following definitions (1) Classified Service - city personnel as defined in the Civil Service Act, which includes personnel below the Assistant Department Director level; (2) Demotion - involuntary and permanent reassignment into a position in a lower pay grade; (3) Discharge - involuntary and permanent separation from employment with the City due to violation of a City policy or unsatisfactory work performance; (4) Entitled - an absolute right to a promotion or a raise in pay automatically due to employee based on specific criteria, i.e., time in service, educational attainment, etc.; (5) Suspension - involuntary and temporary unpaid leave of more than 14 calendar days; (6) Transfer - involuntary and temporary reassignment into a position in a different City department; (7) Due Process - notice of allocations and an opportunity to be heard by a department director prior to a decision, and if the employee utilizes a disciplinary matrix, discipline that accords with that matrix; and (8) Probationary Employees - newly hired, rehired, promoted, or voluntary transferred employees are probationary employees for 365 calendar days. Mr. Maddux said that regarding grievance hearing standards - justified means (1) two part test (a) employee received due process, and (2) employee violated a City or departmental policy, rule or code of conduct, according to abuse of discretion standards; and (2) abuse of discretion - a decision that is clearly unreasonable, erroneous, or arbitrary. Councilwoman Wisler, liaison to the Civil Service Board for seven years, felt this is a long-time coming and thanked City staff for their hard work on bringing this forward. Mr. Maddux responded to Councilwoman Kilgore regarding the probation period of 365 calendar days. Mr. Maddux responded to Councilwoman Roney who asked if this item was reviewed by a City Council Committee or were there opportunities for the public to engage in this process. In addition, she asked the reason for the dissenting vote by the one Civil Service Board member. Mr. Maddux did not want to speak for the dissenting Civil Service Board member; however, he felt that the member felt this took away too much of the Board’s discretion and put it in the hands of department directors. Staff felt that this is putting more discretion in the department directors who  actually oversee the employee, but there is still a role for the Civil Service Board. Regarding public engagement, employee associations for police officers and firefighters were engaged, as well as working with the City's HR department on behalf of all employees. City Attorney Branham noted that for some time we have been working closely with a lot of neighborhood advocacy groups as well as a number of individuals regarding global efforts to deal with several aspects of employee accountability, in particular the Asheville Police Department. The mutual goal has been to improve the City's ability to hold employees accountable when warranted, while still protecting the due process rights of employees. This effort has been one aspect of that broader initiative, and multiple public advocacy groups have been a part of these discussions. Councilwoman Roney requested information on engagement of community partners who have been at the table regarding the Civil Service Board, with Councilwoman Turner suggesting some analysis of what we have and what this changes. Councilwoman Wisler noted that she talked with a representative of the racial justice coalition about the changes. Mr. Maddux noted that he received an email from a community member and he provided a very extensive response, asking him to contact him if he had questions. He felt the process was transparent in that there were several Civil Service Board meetings. Councilwoman Turner noted that the community member did state that he felt the changes were moving in the right direction. Vice-Mayor Smith felt that we need to reach out to people who have the specific skill set and a deeper level with those who are familiar with due process or legal definition. Mayor Manheimer felt that these rules are more about process and are administratively oriented since these are internally process rules. Mayor Manheimer opened the public hearing at 7:53 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Public Safety","mo":"public_hearing","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"policy category","sq":13},{"d":"2021-01-12","mt":"regular","id":"IV-F-2","ref":"","it":"motion","t":"Motion to direct the City Clerk's Office to advertise for the School Board selection process","desc":"Interim Human Resources Director Shannon Barrett said that this public hearing on the Civil Service Board Substantive Rules was advertised on January 1 and 8, 2021.  Background: - The Asheville Civil Service Act provides that the Civil Service Board (“CSB”) “shall make . . . substantive rules for promoting efficiency in the classified service of the City.” - The act further provides that the City Council, after giving members of the classified service and citizens of Asheville an opportunity to be heard at a public hearing, shall act upon the proposed rules and amendments, which become effective upon approval by a majority vote of the Council. - On December 3, 2020, the CSB voted to approve substantive rules clarifying important aspects of the City’s personnel administration and the Board’s jurisdiction, including definitions of terms (such as demotion, discharge, due process,and suspension), important to the City’s personnel administration and the Board’s standard of review for grievance hearings. Pro(s): - Will provide employees, the City, and members of the Board with clarity about the types of employment actions falling under the Board’s jurisdiction, as well as the standards the Board uses when determining whether a complaint of employment action is justified. Con(s): - None Fiscal Impact: - None Deputy City Attorney John Maddux said that the Civil Service Act passed in 1953 and it applies only to the City of Asheville. Two it has two main functions (1) review promotional criteria in Police & Fire Departments and (2) hear certain employee grievances. The Civil Service Act was revised in 2009 that required that the Civil Service Board pass substantive rules, subject to amendment and adoption by City Council. Procedural rules were adopted in 2013 and a subcommittee was formed in 2014; however, rules were not finalized. The lack of substantive rules is not an issue for day-to-day administration since employees operate under City Manager administrative and departmental rules. Clarification is needed for how the Civil Service Board will resolve issues in grievance hearings - to define common terms and clarify hearing standards. In 2020 the Civil Service Board and City staff collaborated on development of substantive rules (1) engaged proactively with employee associations; and (2) agreement that engagement should value accountability and respect for employees’ due process rights. Ms. Barrett reviewed the following definitions (1) Classified Service - city personnel as defined in the Civil Service Act, which includes personnel below the Assistant Department Director level; (2) Demotion - involuntary and permanent reassignment into a position in a lower pay grade; (3) Discharge - involuntary and permanent separation from employment with the City due to violation of a City policy or unsatisfactory work performance; (4) Entitled - an absolute right to a promotion or a raise in pay automatically due to employee based on specific criteria, i.e., time in service, educational attainment, etc.; (5) Suspension - involuntary and temporary unpaid leave of more than 14 calendar days; (6) Transfer - involuntary and temporary reassignment into a position in a different City department; (7) Due Process - notice of allocations and an opportunity to be heard by a department director prior to a decision, and if the employee utilizes a disciplinary matrix, discipline that accords with that matrix; and (8) Probationary Employees - newly hired, rehired, promoted, or voluntary transferred employees are probationary employees for 365 calendar days. Mr. Maddux said that regarding grievance hearing standards - justified means (1) two part test (a) employee received due process, and (2) employee violated a City or departmental policy, rule or code of conduct, according to abuse of discretion standards; and (2) abuse of discretion - a decision that is clearly unreasonable, erroneous, or arbitrary. Councilwoman Wisler, liaison to the Civil Service Board for seven years, felt this is a long-time coming and thanked City staff for their hard work on bringing this forward. Mr. Maddux responded to Councilwoman Kilgore regarding the probation period of 365 calendar days. Mr. Maddux responded to Councilwoman Roney who asked if this item was reviewed by a City Council Committee or were there opportunities for the public to engage in this process. In addition, she asked the reason for the dissenting vote by the one Civil Service Board member. Mr. Maddux did not want to speak for the dissenting Civil Service Board member; however, he felt that the member felt this took away too much of the Board’s discretion and put it in the hands of department directors. Staff felt that this is putting more discretion in the department directors who  actually oversee the employee, but there is still a role for the Civil Service Board. Regarding public engagement, employee associations for police officers and firefighters were engaged, as well as working with the City's HR department on behalf of all employees. City Attorney Branham noted that for some time we have been working closely with a lot of neighborhood advocacy groups as well as a number of individuals regarding global efforts to deal with several aspects of employee accountability, in particular the Asheville Police Department. The mutual goal has been to improve the City's ability to hold employees accountable when warranted, while still protecting the due process rights of employees. This effort has been one aspect of that broader initiative, and multiple public advocacy groups have been a part of these discussions. Councilwoman Roney requested information on engagement of community partners who have been at the table regarding the Civil Service Board, with Councilwoman Turner suggesting some analysis of what we have and what this changes. Councilwoman Wisler noted that she talked with a representative of the racial justice coalition about the changes. Mr. Maddux noted that he received an email from a community member and he provided a very extensive response, asking him to contact him if he had questions. He felt the process was transparent in that there were several Civil Service Board meetings. Councilwoman Turner noted that the community member did state that he felt the changes were moving in the right direction. Vice-Mayor Smith felt that we need to reach out to people who have the specific skill set and a deeper level with those who are familiar with due process or legal definition. Mayor Manheimer felt that these rules are more about process and are administratively oriented since these are internally process rules. Mayor Manheimer opened the public hearing at 7:53 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Administrative","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":14},{"d":"2021-01-12","mt":"regular","id":"V-A-1","ref":"RES 21-7","it":"appointment","t":"Resolution appointing Barbara Ann Philip to the Affordable Housing Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Committee. Sage Turner has resigned, thus leaving an unexpired term until September 1, 2022. The following individuals applied for the vacancy: Rodrigo Afanador, Damita Jo Wilder, Eric Howell, Michael G. Waddle, Joshua Katz, ZaKiya Bell-Rogers, Henry Sannyasa, Cyd Jaggers, Chris Woodward, DeLores Venable, Jessica Montanez, Shannon M. Watkins, Barbara Ann Philip and Chris Day. The Affordable Housing Advisory Committee Board chair recommended Chris Day. The Boards & Commissions Committee recommended appointing Barbara Ann Philp.","c":"Housing","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2021-01-12","mt":"regular","id":"V-A-10","ref":"RES 21-16","it":"appointment","t":"Resolution appointing Robert Frances Hoke to the Planning and Zoning Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Planning & Zoning Commission. Sandra Kilgore has resigned, thus leaving an unexpired term until August 14, 2023. The following individuals applied for the vacancy: Sherrye Coggiola, Kimberly Levi, Roosevelt Harvin, Robert Frances Hoke, Ricardo Seijo and Sara Wilcox.  The Planning & Zoning Commission recommended (in order) Robert Frances Hoke, Ricardo Seijo or Sherry Coggiola. The Boards & Commissions Committee recommended appointing Robert Frances Hoke.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":24},{"d":"2021-01-12","mt":"regular","id":"V-A-11","ref":"RES 21-17","it":"appointment","t":"Resolution appointing Tim Ormond, Steven Baron and Kim Austin to the board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainable Advisory Committee on Energy & the Environment (SACEE). The terms of Geoffrey Habron, Renee Mazurek and John Noor, as members of SACEE, expired on December 31, 2020. The following individuals applied for the vacancy: Kim Austin, Steven Baron, Lynn Hurley, Carlisle Rankin Harper, Ben Prater, Kathryn Ancaya, Tim Ormond and Kelsey Wood. The SACEE Board recommended and the Boards & Commissions Committee recommended appointing Tim Ormond, Steven Baron and Kim Austin.","c":"Environment & Sustainability","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":25},{"d":"2021-01-12","mt":"regular","id":"V-A-12","ref":"RES 21-18","it":"appointment","t":"Resolution reappointing Cecil Bothwell and Sharon Sumrall to the board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Cecil Bothwell, Sharon Sumrall and Perrin de Jong as members of the Urban Forestry Commission, expired on December 31, 2020. The following individuals applied for the vacancy: Catherine Murphy, Deborah Margaritov and Zoe A. Hoyle. The Urban Forestry Commission chair and the Boards & Commissions Committee recommended reappointing Cecil Bothwell, Sharon Sumrall and Perrin de Jong.","c":"Environment & Sustainability","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":26},{"d":"2021-01-12","mt":"regular","id":"V-A-2","ref":"RES 21-8","it":"appointment","t":"Resolution appointing Beverly Miller to the African American Heritage Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. S. Antanette Mosley has resigned, thus leaving an unexpired term until July 1, 2022. The following individuals applied for the vacancy: Thomas Ryan, Dewayne McAfee and Beverly Miller. The African American Heritage Commission and the Boards & Commissions Committee recommended appointing Beverly Miller.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":16},{"d":"2021-01-12","mt":"regular","id":"V-A-3","ref":"RES 21-9","it":"appointment","t":"Resolution appointing members to the ABC Board (reappoint Robin Cape)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Alcoholic Beverage Control (ABC) Board. The terms of Robin Cape and John Menkes expired on November 13, 2020. In addition, Januarie West has resigned, thus leaving an unexpired term until November 13, 2021. The following individuals applied for the vacancy: Sharon West, Robin Cape, Meaghan Austin, James J. Spencer, Keaton Edwards, David Angelus, Gregory Hill, Bill Kopp, Harry Michael Lanning, George Tsiros, Jeff Irvin, Nian W. Ivery and Johnnie N. Grant. On December 8, 2020, it was the recommendation of the Boards & Commissions Committee and consensus of City Council to re-advertise for these seats. The ABC Board recommends reappointment of Robin Cape, and recommended Sharon West, George Tsiros, Jeff Irvin or David Angelus. Boards & Commissions Committee recommended reappointing Robin Cape; and appointing Sharon West and Nian W. Avery.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"contested vote","sq":17},{"d":"2021-01-12","mt":"regular","id":"V-A-4","ref":"RES 21-10","it":"appointment","t":"Resolution appointing members to the Board of Adjustment (reappoint Paul Wilczynsky)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Adjustment. The terms of Phillip Hardin (Regular member), Paul Wilczynski (Regular member), John Michael Kledis (Alternate member) and Suzanne Godsey (Alternate member) expire on January 21, 2021. In addition, due to a discrepancy between the Unified Development Ordinance and Session Laws, City Council should appoint another Alternate member. (Buncombe County now appoints only one Regular and one Alternate member - not two Alternate members). No individuals applied for the vacancies. Boards & Commissions Committee recommended reappointing Paul Wilczynsky (Regular Member), Suzanne Godsey (Regular Member) and John Michael Kledis (Alternate Member). In addition, it was their consensus to re-advertise for the remaining two Alternate seats.","c":"Zoning & Land Use","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2021-01-12","mt":"regular","id":"V-A-5","ref":"RES 21-11","it":"appointment","t":"Resolution appointing members to the board (reappoint Andrew Fletcher, Kimberly Hunter and Steven)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. Pamela Winkler has resigned, thus leaving an unexpired term until December 31, 2021. In addition, the terms of Andrew Fletcher, Kimberly Hunter and Steven Lee Johnson expired on December 31, 2020. The following individuals applied for the vacancy: Joy Wilson, Tal Frankfurt, Douglas Buchalter, Guillermo Rodriguez, Clair Greear and Ricardo Seijp. The Downtown Commission and the Boards & Commissions Committee recommended rappointing Andrew Fletcher, Kimberly Hunter and Steven Lee Johnson and appointing Guillermo Rodriguez.","c":"Economic Development","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"policy category","sq":19},{"d":"2021-01-12","mt":"regular","id":"V-A-6","ref":"RES 21-12","it":"appointment","t":"Resolution appointing Daniel Young to the Human Relations Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Zakiya Bell-Rogers, Nicole Townsend and Daniele Martin have resigned as members of the Human Relations Commission, thus leaving unexpired terms until June 1, 2021. The following individuals applied for the vacancy: Suzy Chandler, Bennie Lee Miller, Alexandra DiSclarfani, Britni Worley, Ricky McGrath, Emma Nichole Worthy, Melanie Noyes, Tim Collins and Daniel Young. The Human Relations Commission and the Boards & Commissions Committee recommended appointing Daniel Young, Susy Chandler and Melanie Noyes. In response to Councilwoman Turner, Councilwoman Roney, newly appointed liaison to the Human Relations Commission, said that she does not have any information on the reasons  for the three vacancies; however, the City Clerk’s Office does send outgoing members with an exit interview form, which are then sent to City Council.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":20},{"d":"2021-01-12","mt":"regular","id":"V-A-7","ref":"RES 21-13","it":"appointment","t":"Resolution reappointing Gwen Wisler to the Metropolitan Sewerage District board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District Board of Directors. The term of Gwen Wisler expires on January 19, 2021. No individual applied for the vacancy. Boards & Commissions Committee recommended reappointing Gwen Wisler.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":21},{"d":"2021-01-12","mt":"regular","id":"V-A-8","ref":"RES 21-14","it":"appointment","t":"Resolution appointing Michael Stratton (at-large) to the board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. The term of Rich Lee (at-large representative) expired on July 1, 2020. Michael Stratton, currently a bike/ped task force member, will be filling the at-large seat until July 1, 2023. Therefore, there is a vacancy for Mr. Stratton’s vacant bike/ped task force seat until July 1, 2021. The following individuals applied for the vacancy: Sandy Aldridge, Kristen Goldsmith, Marty Shults, Joseph Chester, Maggie Ullman, Bill Loftis, Christine Harris and Micah McLain. On December 8, 2020, it was the recommendation of the Multimodal Transportation Commission and consensus of Council to readvertise for the at-large seat. The Multimodal Transportation Commission recommended, and the Boards & Commissions Committee concurred to appoint Michael Stratton as the at-large representative, and Maggie Ullman to serve as the bike/ped task force member.","c":"Transportation","mo":"individual","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":1,"mr":"policy category","sq":22},{"d":"2021-01-12","mt":"regular","id":"V-A-9","ref":"RES 21-15","it":"appointment","t":"Resolution appointing Wendy Haner (28804 representative) to the board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The term of Philip Lenowitz (28804 representative) expired on July 1, 2020. In addition, Diane Dankert (at-large representative) has resigned, thus leaving an unexpired term until July 1, 2023. The following individuals applied for the vacancy: Damita Jo Wilder (requested her name be removed from consideration), Bonnie Snyder Hanrick, Peter Abzug, Wendy Haner and Sandra K. Smith. On December 8, 2020, it was the consensus of Council to re-advertise for the seat, since no one was eligible for the 28804 zip code. The Neighborhood Advisory Committee, and the Boards & Commissions Committee recommended appointing Wendy Haner (28804 representative) and Peter Abzug (at-large representative).","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p0xsifO3p654TVQ-6Dd6WdugXrxQUO_e/view?usp=sharing","mat":0,"mr":"no material signals","sq":23},{"d":"2021-01-26","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on January 12, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-01-26","mt":"regular","id":"II-B","ref":"RES 21-19","it":"resolution","t":"Resolution authorizing the City Manager to apply for and accept a transportation planning grant from the French Broad MPO for a feasibility study for the Reed Creek Greenway","desc":"Background: - The French Broad River Metropolitan Planning Organization (FBRMPO) published a competitive grant opportunity during late October 2020 for transportation planning grants. - The grant opportunity provides a total of $200,000 in funding for member organizations to complete a short-term planning or feasibility study with a focus on improving transportation facilities in or throughout the region. - Applications were due on December 30, 2020. - City staff determined that the completion of a feasibility study for the next two sections of  the Reed Creek Greenway would be a good candidate. a. First section - Elizabeth Street to the I-240 pedestrian bridge at Hill Street near Isaac Dickson Elementary School. b. Second section - W.T. Weaver Boulevard to the intersection of Broadway Avenue and Riverside Drive near UNCA.  Committee(s): - None. Pro(s): - Provide funding support to complete the next step in the process toward construction of the final two sections of the Reed Creek Greenway. - Provide preferred alignments, construction feasibility information, and cost estimates. Con(s): - None. Fiscal Impact: - A 20% local match is required if awarded. The total project cost is expected to be approximately $50,000, therefore the City’s match would be $10,000 if awarded. - If awarded, the money for the required match of $10,000 would be included in the FY 22 Budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-01-26","mt":"regular","id":"II-C","ref":"RES 21-20","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with Bionomic Services Inc. for the water production residuals removal project at the Mills River, William DeBruhl and North Fork water treatment plants","desc":"Background: - The Water Resources Department (WRD) has historically removed Water Treatment Plant residuals, also known as “sludge” from all three water treatment plants and delivered them to the Metropolitan Sewerage District (MSD) to be treated. - MSD can no longer treat these residuals from the City of Asheville or any other water treatment facilities due to their new Air Quality Title V and renewed National Pollutant Discharge Elimination System (NPDES) permits. - The Buncombe County Landfill agreed to take residuals for a period of two years while WRD and the consulting engineering firm GHD vet other treatment and/or disposal options. - The WRD entered into a contract with BioNomic Services, Inc. for removal for the first year in the amount of $257,180 with a contingency in the amount of $38,577 for a project total budget in the amount of $295,757. Years 2-3 were budgeted at $200,000 annually. - Due to the cost of removal, staff has determined that the cost of the residuals removal surpasses the budgeted amount for years 2-3. - A change order is requested for $67,388 for year 2, and for $94,126 for year 3. - The total change order for years 2-3 is $161,515. - This provides a total residuals removal budget of $561,515 for the remainder of the contract. Vendor Outreach Efforts: - This is a change order; therefore, no further vendor outreach efforts were performed.  Committee(s): - None. Pro(s): - This change order allows for the continued removal of residuals from each of the three water treatment plants. - This aligns with the ISO 14001 Environmental Management System and with the city’s goal to be environmentally responsible. - Ability to continue to treat and deliver drinking water to the City of Asheville Con(s): - None. Fiscal Impact: - The change order will impact the budget for year 2 by $67,388, and year 3 by $94,126, for a total increase of $161,515 over the term of the contract. - Funding for the change order for years 2 and 3 will be included in upcoming Water Resources Recommended Operating Fund budgets.","c":"Boards & Appointments","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-01-26","mt":"regular","id":"II-D","ref":"RES 21-21","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract amendment with WPLaw Fountain Division Inc. for the Pack Square Splasheville Fountain restoration project","desc":"Background: - WPLaw Incorporated was selected as the design-build contractor through a Request for Qualifications(RFQ) process which required that teams submitting proposals show a thorough understanding of fountain operation and maintenance and a list of projects which they had previously completed. - As allowed by State Statute, the City Manager approved the design-build construction method and the initial assessment phase of this project. - Design-build was recommended as it will provide the most expeditious method of project completion and the best possibility of opening Splashville by Summer 2021. - The three Pack Square Park Fountains were assessed by WPLaw in Fall 2020 as part of the initial design-build contract. - In addition to all three fountains being in disrepair, the Mid-Block fountain and the Splasheville fountain are inoperable. - Due to funding limitations, repairs can only be made on one fountain at this time. - Parks and Recreation Department staff have prioritized the Splasheville fountain to be restored with the current available funding. - This fountain has been prioritized because it is a recreational attraction for families and needs to be capable of operating during the 2021summer season. - Future funding availability will allow for the other fountains to be repaired which may be completed as an amendment to this design-build contract. - Splasehville repairs include general maintenance items such as pump and controller replacement and full replacement of the jets and lighting. - The work is estimated to start in April and will take approximately four months to complete. Vendor Outreach Efforts: - Outreach for the original contract included staff performing outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor and all work will be self-performed by the prime contractor as a result there are no subcontracting opportunities available.  Committee(s): - Currently the Parks and Recreation Advisory Board is not meeting due to COVID. Pro(s): - This contract amendment will restore a highly used downtown amenity to working order. - The new equipment will provide a more reliable fountain feature. Con(s): - Current funding does not allow for the repair of all three fountains Fiscal Impact: - Funding for this contract is included in the Pack Square maintenance budget in the Parks and Recreation Department's Adopted General Fund budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-01-26","mt":"regular","id":"II-E","ref":"RES 21-22","it":"resolution","t":"Resolution of intent to permanently close a portion of unopened right-of-way connecting east of Bellevue Road and west of Edgewood Road and setting a public hearing on February 23, 2021","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - Spano and Associates Asheville, LLC has petitioned for this closure and they own the property associated with the Edgewood Road South Subdivision project (19-08084PZ) that was approved with conditions by the Technical Review Committee on March 2, 2019. - The unopened right-of-way formerly connected on the southern side of the unopened portion of Bellevue Road and presently does not connect to any other right-of-way. - This closure would not impede any future transportation connections nor does it conflict with any utility access.  Committee(s): - Multimodal Transportation Committee - December 10, 2020 - approved unanimously. Pro(s): - Promotes sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-01-26","mt":"regular","id":"II-F","ref":"RES 21-23","it":"resolution","t":"Resolution of intent to close an unopened right-of-way alley connecting to Biltmore Avenue, directly south of White Fawn Drive, and setting a public hearing on February 23, 2021","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - Milan Asheville, LLC has petitioned for this closure and they own the property at 324 Biltmore Avenue (PIN # 9648-46-4336). - This closure request is associated with the Residence Inn (FKA Extended Stay Hotel at Hospital Center) (18-05806PZ) that was approved by City Council on March 12, 2019 under ordinance 4733 and approved with conditions by the Technical Review Committee on January 6, 2020. - This closure will not impede any future transportation connections nor does it conflict with any utility access.  Committee(s): - Multimodal Transportation Committee - December 10, 2020 - approved unanimously. Pro(s): - Promotes sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-01-26","mt":"regular","id":"II-G","ref":"RES 21-24 / ORD 4752","it":"resolution","t":"Resolution authorizing the City Manager to execute an extension of contracts with Homeward Bound of WNC, RRI West Management Inc. and Axis Security to sustain a non-congregate shelter during COVID-19, and budget amendment","desc":"","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-01-26","mt":"regular","id":"V-A","ref":"RES 21-25","it":"public_hearing","t":"Resolution to permanently close a portion of right-of-way known as Velvet Street","desc":"Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2021-01-26","mt":"regular","id":"V-B","ref":"RES 21-26","it":"public_hearing","t":"Resolution to permanently close a portion of right-of-way at the intersection of Courtland Avenue and Houston Street","desc":"Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. After hearing additional public comment 24 hours after the public hearing, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2021-01-26","mt":"regular","id":"V-C","ref":"","it":"public_hearing","t":"Resolution to permanently close an unopened right-of-way - pulled from consideration","desc":"Mayor Manheimer announced that this resolution has been pulled from consideration in order to address a discrepancy in the property description.","c":"Zoning & Land Use","mo":"individual","mv":"","sec":"","r":"","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2021-01-26","mt":"regular","id":"V-D","ref":"ORD 4753","it":"public_hearing","t":"Ordinance to conditionally zone 32.2 acres at 99999 Sand Hill Road for a warehouse and distribution facility, with Future Land Use Map change","desc":"Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read. Principal Planner Shannon Tuch said that at the applicant’s request, the Condition B.1 report has been amended to include “13. Applicant will make good faith efforts to contract with small and minority firms and women’s business enterprises, as follows: a. Applicant will take affirmative steps to assure that minority firms and women’s business enterprises are used when possible. Affirmative steps will include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Working with the YMI, Mountain BizWorks and other local non-profit agencies that serve the minority communities in Asheville to promote information about job opportunities.” Councilwoman Roney said that in looking at the available land we have in corridors where we can have a lot of traffic, she has to look at the long-term goals, and not just the short\u0002term benefits. She felt we scrapped the barrel on how this is in line with our stated goals for just 130,000 in taxes. If we take the money now, what is the long-term side effect? For that reason, she didn’t see how this conditional zoning gets us to our stated goals. She will be voting against the conditional zoning; however, she does have gratitude for the community agreements that our Council members have worked on for minority and women-owned business efforts.","c":"Zoning & Land Use","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":1,"mr":"contested vote","sq":10},{"d":"2021-01-26","mt":"regular","id":"V-E","ref":"RES 21-27","it":"public_hearing","t":"Resolution approving Civil Service Board substantive rule","desc":"Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. After hearing additional public comment 24 hours after the public hearing, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read. Councilwoman Roney said what we need is the opportunity to have accountability for the community. She felt this doesn’t get us there. She is still worried that we had community partners at the table in the conversation about what we needed to do next for the Civil Service Board but we don’t have that yet. She acknowledged that this is the best we can do with a bad situation. However, she still has concerns about why we would still add a rule that is not congruent with every city in the state around the one year probationary period. She understands we are going from a terrible situation to a less terrible situation on the pathway to get what we actually need, which is a Citizen Review Board.","c":"Administrative","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1jNH_JURJv7RWxDu8kP_PcUiS0y3rNATX/view?usp=sharing","mat":1,"mr":"contested vote","sq":11},{"d":"2021-02-09","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on January 26, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-02-09","mt":"regular","id":"II-B","ref":"RES 21-28","it":"resolution","t":"Resolution authorizing the City Manager to execute a building construction contract with WxProofing, Inc. for the Harrah's Cherokee Center - Asheville window replacement and concrete repairs project","desc":"WxPROOFING, INC. FOR THE HARRAH’S CHEROKEE CENTER - ASHEVILLE WINDOW REPLACEMENT AND CONCRETE REPAIRS PROJECT  Background: - Original exterior envelope components of the 1972 Harrah’s Cherokee Center - Asheville are in need of update and improvement. - The concrete walls leak. - Existing windows are single pane, difficult to maintain, and not energy efficient or code compliant. - Exterior improvements will include replacement of the windows and concrete restoration. - Bid Alternates 1, 2, and 6 Replace doors, install Fall Protection and provide Retrofit windows. - A Request for Bids (RFP) was first advertised on November 19, 2020. Two Formal bids were received on January 7, 2021 and not opened because three bids are required to open on the first bid date. - A RFP was re-advertised on January 13, 2021. - Construction Schedule: March 1, 2021 - September 1, 2021. - Five bids were received and formally opened on January 28, 2021. - The resulting bids (including bid alternates 1, 2 & 6) are listed below: Contractor Location Amount - Midwest Maintenance, Inc. Piqua, OH $ 1,021,381* - WxProofing, LLC Greensboro, NC $ 1,079,805 - Carolina Cornerstone Const., Inc. Asheville, NC $ 1,238,070* - Strickland Waterproofing Co., Inc. Charlotte, NC $ 1,311,150* - S & S Building & Dev., LLC Greensboro, NC $ 1,439,560* The apparent low bidder, Midwest Maintenance, Inc., did not list the electrical contractor on the Bid Form as required by NCGS 143-128(d), and was deemed non-responsive. All other bids were deemed non-responsive for the same reason, except for WxProofing, LLC. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Virtual Pre-Bid Meeting and Asheville Business Inclusion recordings were available on the City Purchasing website. - Site Visits were held for contractors. Interested Contractor and subcontractor contact information was shared via an Addendum. - One Historically Underutilized Business (HUB) business submitted a bid with the prime contractor, WxProofing, LLC. - Frederico Jaramillo, Charlotte, a Latino-owned business will perform approximately 10% of the contract for concrete, coatings, and sealant repairs.  Committee(s): - None Pro(s): - The building walls and windows will be leak free. Windows will meet current energy code. - Windows will be easier and safer to maintain. - The building concrete will be cleaned and aesthetically improved. - Construction between March - September 2021 will have lower impact on revenue than construction at another time because ticket sales for events are limited due to public gathering restrictions. Con(s): - Construction schedule may be impacted by material and labor slowdowns due to pandemic. Fiscal Impact: - Funding for this contract will come from previously approved budgets within the Harrah’s Cherokee Center - Asheville Capital Improvement Program.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-02-09","mt":"regular","id":"II-C","ref":"RES 21-29","it":"resolution","t":"Resolution setting a public hearing on February 23, 2021 to consider the voluntary annexation of .47 acres off of Oak Hill Circle and Moorecrest Road","desc":"Background: - The property owner, Boomville Properties, LLC, has petitioned the City of Asheville for the annexation of 0.47 acres located at 99999 Moorecrest Road and identified in the Buncombe County tax records as PIN 9629-80-7863. - Pursuant to NCGS 160A-31 such petitions must be investigated by the City Clerk for sufficiency in accordance with state law. - This investigation has been completed and the Certificate of Sufficiency accompanies this petition request. - The next step in this process is for the Asheville City Council to fix the date for the public hearing on this matter. - Should the City Council decide to proceed with this request the public hearing on the annexation and initial zoning would be held on February 23, 2021, with the vote tentatively scheduled for March 9, 2021. - The annexation becomes effective immediately once an affirmative vote is reached.  Committee(s): - None Pro(s): - Provides for the orderly growth of the City and the tax base through the acceptance of appropriate areas into the corporate limits where owners desire annexation. Con(s): - None. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that it: (1) Supports residential infill in areas that can support orderly growth consistent with surrounding neighborhoods (pp. 345-347); and (2) Supports a sustainable path to balanced budgets (pp. 240-242). Fiscal Impact: - This request includes the voluntary annexation of 0.47 acres of property into the City which will provide new property tax revenue with minimal increase to services. - Two single-family lots are planned for the property that, if approved, would generate approximately $3,100 in city property tax based on the sale price proposed by the owner/developer. - City service departments did not identify any service concerns and supported the inclusion of the two parcels with the rest of the development noting that service to the rest of the development would be required.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-02-09","mt":"regular","id":"II-D","ref":"RES 20-30","it":"resolution","t":"Resolution setting a public hearing on March 9, 2021 to close an unopened right-of-way known as Trade Street","desc":"Background: - N.C. Gen. Stat. § 160A-299 grants cities the authority to permanently close streets and alleys. - Meinch Construction, Inc. has petitioned to close this right-of-way. They are the owners of 99999 Trade St, PIN # 9638-98-2756. Joining this petition are Butler and Celeste Wiltse. They are the owners of 28 Trade St., PIN # 9638-98-3860. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future. - This closure allows for the development of 99999 Trade St by providing more room for construction by adjusting the property lines. - The right-of-way is needed to provide the required screening in the back of the property for 4 residential units that will front on Roberts Street. - This potential closing was initiated on December 8, 2020; however, due to a discrepancy in the property description, this potential closing must start over again.  Committee(s): - Multimodal Transportation Committee - October 28, 2020: Supported closing the right-of-way by unanimous vote. Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-02-09","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to amend the UDO Articles II, III, V, VIII, IX and XVII to adopt new standards regulating hotels - motion to continue comment period 24 hours","desc":"Mayor Manheimer announced that the two public hearings on the hotel development standards and the hotel overlay district will be combined into one presentation from Director of Planning & Urban Design Todd Okolichany. This public hearing was advertised on January 29 and February 5, 2021. At Mayor Manheimer’s request, City Attorney Branham spoke on the legal limitations of banning hotels as a permitted land use and with continuing the hotel moratorium. In summary, the City lacks the legal authority to ban hotels outright and that moratoriums must be temporary  in nature, noting that we have extended our one-year moratorium beyond what most case law allows us to do. Mr. Okolichany said the the key takeaways are that (1) hotels can’t be “banned” out right; (2) development impacts can be managed; and (3) new innovative tools to regulate hotel development approvals include (a) Hotel Overlay District; (b) development and operational standards; (c) public benefits; and (d) design review and design guidelines. Project goals include (1) improve predictability and transparency in the hotel development review process (i.e. incentive-based process); (2) establish where hotels are appropriate in the City; (3) leverage hotel development to achieve community benefits and limit impacts of new hotels; and (4) enhance the design of hotels. He then reviewed the hotel development study timeline, which started in September of 2019, up until February 23 - when the moratorium expires and City Council reviews new hotel regulations. What we heard from (1) Hotel Overlay District (a) overlay area too large; (b) consider urban renewal program areas; and (c) concern about short-term vacation rentals; (2) public benefits table (a) add options to build affordable housing, support MWBE and finance reparations; and (c) prioritize Council and community priorities; and (3) design review process - need continued involvement from Downtown and Riverfront commissions. The following are revisions based on community engagement (1) reduce the extent of areas suitable for hotel development; (2) adjusted public benefits table, including more options; (3) prioritized reparations, affordable housing and living wages; (4) updated hotel definitions; and (5) revised design review process to ensure participation from Downtown and Riverfront commissions. Future Council considerations include (1) Hotel Overlay District - urban renewal program areas; (2) public benefits table - does it capture Council and community priorities; and (3) design review process - Council vs. Commission appointees. He reviewed the key elements for the proposed regulations to include (1) Hotel Overlay District and Development Standards (a) creates consistent and transparent process; (b) incentivizes community benefits with option of staff level review; (c) requires Council review for larger projects; and (d) limits hotels to appropriate areas; (2) public benefits (a) mitigates development impacts; and (b) achieves Council and community goals; and (3) revised design review process (a) enhances hotel design; and (b) establishes more efficient process. Regarding the Hotel Overlay District and Development Standards, he reviewed the development review process flow chart. Hotel Overlay District goals include (1) limit the geographic extent of hotels to appropriate locations; (2) protect neighborhoods vulnerable to gentrification; (3) preserve neighborhood livability and quality of life; (4) encourage historic preservation and adaptive reuse; and (5) protect viewshed corridors into the downtown. He then reviewed the Hotel Overlay District map, which District A allows all hotels; and District B allows only small hotels with 7-25 guest rooms. The hotel overlay represents less than 8% of the total area of the City. He then reviewed the Hotel Overlay & Urban Renewal preliminary review map. Regarding public benefit goals, (1) improve transparency and predictability in the review process; (2) address community needs and help implement Council goals (a) reparations; (b) affordable housing; (c) living wages; (d) displacement; and (e) sustainability, green building; (3) mitigate development impacts; and (4) create a straightforward, effective process. He explained the public benefits table that (1) is flexible, pointed based system; (2) is tiered based on size and  location (a) Central Business District, River Arts District, Biltmore Village; and (b) suburban areas; and (3) has new options for reparations and MWBE. Regarding the revised design review process goals, (1) improve building design as recommended by ULI and Living Asheville; (2) strengthen, formalize and streamline the design review process; (3) building capacity for future updates to design guidelines; (4) diversify design review committee membership; and (5) continue to support Downtown and Riverfront Commission involvement. The staff’s recommendation on the design review process is to combine two existing design review committees into one - the Asheville Area Riverfront Redevelopment Commission Subcommittee and the Downtown Commission Subcommittee to be a Joint Design Review Committee. Four members would be appointed by each Commission and one at-large member. In summary, on February 5, 2021, the Planning & Zoning Commission recommended approval of the hotel development regulations and the Hotel Overlay District Map. Today, City Council will hold their public hearings; and on February 23, City Council will vote on the hotel development regulations and the Hotel Overlay District map. Also the hotel development moratorium will expire on February 23, 2021. “From Staff Report - Background on Hotel Development Regulations: - The Asheville City Council adopted a one year moratorium on hotel development on September 24, 2019, temporarily suspending the processing of new hotel development applications so the City could study community impacts of hotel development and create a more effective development review process. - The moratorium was extended on September 22, 2020, and is set to expire on February 23, 2021. - The City contracted with the Urban Land Institute (ULI) to undertake a Technical Assistance Panel (TAP) planning process that included: - community engagement opportunities, - a briefing report (prepared by City staff) of hotel development impacts and - trends and a final written report and presentation by ULI to the community in early 2020. - Key short-term recommendations identified in the ULI report included the following: - Improve predictability and transparency in the hotel development review process - Establish where hotels are appropriate in the City - Leverage hotel development to achieve community benefits and limit impacts of new hotels - Enhance the design of hotels - Engagement with the community, City boards and commissions and City Council occurred throughout the planning process and included the following: - An in-person community input meeting that included 120+ participants; - An online survey with educational video that resulted in more 3,000 comments by nearly 1,200 community members; - Meetings with small focus groups; - Several meetings with City boards and commissions; and, - Two City Council work sessions on October 13 and October 27, 2020. - Based on the findings of the ULI report, feedback from the community, City boards and commissions and City Council, and continuing staff analysis over the past year City staff proposes wording amendments to Articles II, III V, VIII, IX, and XVII of the Unified Development Ordinance (UDO) to establish new standards for hotel development (see separate City staff report on the Hotel Overlay District). - The three primary components of the proposed amendments are:  1. A new Hotel Overlay District that prescribes where new hotels may be permitted by-right and that includes new hotel development requirements designed to offset impacts and meet key community goals; 2. A strong incentive to incorporate high priority public benefits, such as contributions to a reparations fund and affordable housing; support for Minority\u0002and Women-Owned Business Enterprises; and options for living wages and green building elements; and, 3. A revised design review process that promotes (or preserves) quality architecture and building design, and enhanced placemaking. - The proposal allows for a staff level review option provided the project is within a new Hotel Overlay District, all development requirements are met, public benefits (such as affordable housing or living wages) are provided, the project receives a positive recommendation from the design review committee and the project is under Council review thresholds, such as hotel with 115 or less rooms, buildings 100 feet high or less and mixed-use hotel buildings where the non-hotel use is 100,000 square feet or less. The new development review process is as follows: - Other components of the amendment include: - Inclusion of additional hotel development standards related to customer drop-off areas, building fenestration, ground floor activation, access requirements and other standards; - Consolidation and simplification of conditional zoning expansion districts; - Updates to the definitions for large and small hotels, establishing a new threshold for large hotels at 36 or more guest rooms; - Updates to the definition of an extended stay hotel and a new definition for a guest room; and, - A revised design review process that combines the Downtown Commission and Asheville Area Riverfront Design Review Subcommittees into one joint Design Review Committee. Council has expressed interest in possibly appointing some members to the Committee. Comprehensive Plan Consistency: - This proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including ‘A Livable Built Environment’, ‘Harmony with the Natural Environment’ and a ‘Resilient Economy. The following goals are applicable to this zoning amendment: - Encourage Responsible Growth - Promote Great Architecture & Urban Design to Enhance Placemaking - Increase and Diversify Housing Supply, develop a comprehensive study of lodging facilities and their impact, and develop new policies - Promote the Development and Availability of Affordable Housing and Workforce Housing - Implement Green Building Programs  Committee(s): - On 8/13/20 the Asheville Area Riverfront Redevelopment Commission (AARRC) was updated on the hotel development regulations and reviewed the proposal for a combined design review board. - Discussion centered around the membership of such a board. AARRC members wanted clarity on this issue before voting (see minutes for more detail). - At their meeting on 9/21/20 the commission voted to remove the creation of a new design review board from the proposal, due to concerns about the outdated current guidelines. - The AARRC was consulted at their meeting on 11/18/20 and weighed in on the design review committee membership and also provided guidance on the Hotel District Overlay Map. - The AARRC chair provided additional comments to staff and the Planning and Zoning Commission prior to the 2/3/21 public hearing, outlining concerns and recommendations pertaining to the design review process. - On 8/14/20 the Downtown Commission was updated on the hotel development proposal. - They voted to recommend that consideration of the hotel development regulations be delayed until such a time that a number of other related tasks could be completed (see minutes for more detail). - The Commission was briefed again at their meeting on 11/13/20 and also provided guidance on the Hotel Overlay Map. - Council’s Planning and Economic Development Committee reviewed and commented on the proposal at their meeting on 1/11/21 - On 9/2/20 the Planning and Zoning Commission held a public hearing on the proposed Hotel Development Regulations and Hotel Overlay District, but continued the hearing for further discussion and public engagement. - There was additional discussion on 9/23/20 and 11/4/20 and the hearing was subsequently continued. - At their meeting on 2/3/21, City staff presented some revisions to the proposed ordinance based on additional public engagement and Council review (see Planning and Zoning Commission recommendation). - There was discussion regarding the possible conflict of the hotel overlay with urban renewal areas. - On 2/5/21 the Planning and Zoning Commission voted to recommend approval of the hotel development wording amendments (5-1). Pro(s): - Limits the opportunity for new hotel development in contextually appropriate areas where suitable infrastructure exists to support the development. - Includes standards designed to mitigate the impacts of hotels. - Includes standards and a review process to promote quality architecture and building design, and enhance placemaking. - Provides a strong incentive to incorporate high priority public benefits and City Council goals (i.e. reparations, affordable housing, living wage, green building, contracting with MWBE, historic preservation, etc.) into a new hotel project. - Consolidates existing design review processes, establishing a more efficient and organized process. - Provides a by-right alternative to a rezoning via conditional zoning for hotel development, offering greater certainty, transparency and continuity in the development review process. - Responds to recommendations by the Urban Land Institute to enhance predictability and transparency in the hotel development review process, establish appropriate areas for new hotels based on several criteria, incentivize community benefits and enhance the design of hotels. Con(s): - May inflate the value of some properties located within the overlay. Fiscal Impact: - A small increase in advertising and related costs associated with an increase in design review applications is expected. Fees for design review are expected to largely offset these costs. Staff Recommendation: - Staff recommends approval of the proposed zoning text amendment establishing new development standards and review processes for hotel development because it: - aligns with numerous goals of the Living Asheville Comprehensive Plan, - aligns with the recommendations of the ULI TAP planning process and community desires to limit the impacts of hotel development and incorporate public benefits into new development, and - supports Council goals related to reparations, affordable housing, sustainability and equity.” In response to Mayor Manheimer, Mr. Okolichany said that we can amend the hotel overlay map to remove the areas identified as urban renewal areas. In response to Councilwoman Turner, Mr. Okolichany explained how the Office of Equity & Inclusion participated in the public benefits table. We tried to capture benefits that related to some of our equity needs in the community, such as affordable housing and a reparations fund. But, we also have a number of other benefits in that table related to other community needs, such as structured public parking or integrating green building into the design of a building. He thought Council’s consideration might be whether we should have all these options or not. We added in the table to require that at least 50% of all the public benefits come from the group that has the equity-related benefits. In addition, the Office of Equity & Inclusion tries to build capacity within each department to use the racial equity toolkit as a tool in analyzing our drafting proposals. Planning staff did go through the racial equity toolkit questions to help in forming how we would develop and draft the boundaries of our overlay district map, our neighborhood vulnerability map, and the public benefits table. Councilwoman Roney said she has heard from so many people about the saturation of the hotel industry and the extraction of our natural resources, our human resources and our taxes. She feels the way the benefits table is currently weighted the public benefits and the removal of Council’s decision makes it easier for developers to build more hotels. We don’t need a way to make it easier for developers to build more hotels. She felt we need a clear benefits package that makes it possible to heal the damage that has already been done to our people and  our ecosystem. If we go back to conditional zoning for hotels, historically that has meant more hotels. Before she votes against this process, she wanted to give value to what a supportive vote might look like. Regarding the maps, she thanked staff for removing the property that houses the Grey Eagle, but we can’t say we are going to protect neighborhoods vulnerable to gentrification and then surround the historic southside. She would like to reduce the cultural impact of the maps to exclude all of Depot Street, all of Ralph Street, South Coxe and Asheland Avenue and any lots that create a donut hole. Regarding the benefits, she applauded Councilwoman Mosley’s suggestion to suggest reparations as part of the benefits table. We need environmental justice solutions and economic justice solutions and funds to build deeply affordable housing. She suggested taking the top points from those categories and making that the new minimum. This is the time to set a high standard and she doubted if the minimum of 500 points is enough. But, just 180 points with multiple ways to get to a one-and-done, is not enough. This is not the time to devalue our community. We need to protect the southside with the reduced map boundaries, and to raise the points for community values. Councilwoman Turner said this has been a long process, starting back in 2016. Last year there were a couple of things happening in the community that lined up really well. The Tourism Management Investment Plan that the Conventions & Visitors Bureau took on talked about 10 years of funding. The General Assembly became interested in discussing the room tax change. That would have gone to the General Assembly in July of 2020, the Tourism Management Investment Plan was targeted to wrap up in August or September, 2020, and the moratorium would have expired in September of 2020. They lined up well, but didn’t come to fruition. She felt that we should deal with the hotel issue before the lodging tax has been addressed. She was also concerned about the design review process. It’s important to note that both design review boards of the Downtown Commission and the Riverfront Redevelopment Commission voiced and voted against these changes. She reached out to them and feels there is a multifaceted reason why. One of which is the incomplete nature of their existing guidelines. We are creating an overlay district which is a map being overlaid on other maps. But some of those areas already have overlay districts and their own set of guidelines. In some of the areas, Riverfront and Downtown in particular, you will have to come into compliance with these design guidelines, but you also have to be in compliance with the Downtown guidelines or the Riverfront guidelines. Those documents are very outdated. What we are doing is allowing two bodies that are partially appointed by City Council (6 out of 9 of the Downtown Commission and 5 out of 15 of the Riverfront Redevelopment Commission) to appoint other people to review these new hotels under incomplete guidelines and new hotel guidelines. We can do better. Again, the new design review board which will be reviewing new hotels will not be directly appointed by City Council. There is also a component of the guidelines that she would like to see added. When we are looking at allowing some of these hotels by right, she wanted us to look at a way to design the buildings that encourages easier convertibility to other uses, in this case longer-term housing, i.e., kitchenettes or larger bathrooms. She was not opposed to going back to what we were doing with conditional zonings while continuing to work on this process. Some community members feel they have not had ample opportunity to work on this. Despite us being hard at it, there is a disconnect during COVID times. She felt there is more work to do. Mayor Manheimer said that Council will not vote on these items until February 23. She believed that some of this feedback by Council will be incorporated into the ordinances for consideration on February 23. It was the consensus of Council to remove the properties on Asheland Avenue, Depot Street, Coxe Avenue and some on Ralph Street in the hotel overlay district map. Mayor Manheimer said that Council has the opportunity to amend the public benefits table, if adopted. She was supportive of increasing the amounts as well. In her experience, Asheville has had a strong enough market that hoteliers have been willing to reach a high  threshold to be able to participate in Asheville. Our idea though the public benefits table is to hold people who want to participate in Asheville’s economy to be better community partners. She would be open to suggestions but if there is a way to make the bar higher, she would support that change. Vice-Mayor Smith explained her thoughts on if size is the best way to determine a hotel type. She wondered if there is a way to look at the percentage of revenue the hotel is projected to receive, to maybe trigger another point system. Mr. Okolichany responded to Councilwoman Turner’s questions regarding a design standard to get ground floor activation and the ULI’s recommendation about a potential committee that would meet regularly to talk about the impact of hotels. Councilwoman Wisler was not opposed to the concept of increasing the level of public benefits; however, she felt that the new hotels would be very high end in order to afford to pay the public benefits. Existing hotels that didn’t contribute to public benefits will raise their average room rate, thus making the per room rate more expensive for people who are not tourists, but must visit Asheville for other reasons, i.e., visiting people in the hospital or aging parents, etc. Councilwoman Roney said there hasn’t been a lot of discussion about the negative points in the public benefits table. Displacement can get a developer into a hole before they even start accumulating benefit points. B Corp Certification at 180 points is the fullness of the highest value required. And, also the 200 points for 80% AMI should be cut in half. That shouldn’t be the highest benefit and certainly should not compete with the other items in Group 2. Mayor Manheimer opened the public hearing at 6:49 p.m. From advanced live call-ins, 10 individuals spoke against the hotel development regulations, for several reasons, some being, but are not limited to: we don’t need anymore hotels; keep the existing process of conditional zonings for any new hotels; hotels should build free parking lots for employees who work in Asheville; hotels should contribute to the tree canopy; hotels should be required to open up an entire floor for cold shelters in time of crisis; hotels should pay a true living wage; this process removes public oversight from the process; public benefits table is not enough; green building, living wages and hiring MWBE should be required; reject these standards and come back with a plan for public oversight and a better deal for the City; equity and inclusion has not had a significant role in drafting this ordinance; hotels should be required to go through an equity analysis; if the conditional zoning process is restated, Council should just vote no on all hotels; 80% of rooms should be donated to houseless people to live in; when you add more hotel rooms, the rates will go down; and suspend the room tax until a new allocation is agreed upon by the General Assembly. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":4},{"d":"2021-02-09","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to apply a new Hotel Overlay District to certain properties - motion to continue comment period 24 hours","desc":"Director of Planning & Urban Design Todd Okolichany said that this is the consideration of an ordinance to apply a new Hotel Overlay District to certain properties within the City of  Asheville corporate limits. This public hearing was advertised on January 29 and February 5, 2021. “From Staff Report on Hotel Overlay District - Project Location and Contacts: - This is a City-initiated zoning action led by the Department of Planning and Urban Design. Summary of Petition: - The Asheville City Council adopted a one year moratorium on hotel development on September 24, 2019, temporarily suspending the processing of new hotel development applications so the City could study community impacts of hotel development and create a more effective development review process. - The moratorium was extended on September 22, 2020, and is set to expire on February 23, 2021. - The City contracted with the Urban Land Institute (ULI) to undertake a Technical Assistance Panel (TAP) planning process that included - community engagement opportunities; - a briefing report (prepared by City staff) of hotel development impacts and trends; and - a final written report and presentation by ULI to the community in early 2020. - Key short-term recommendations identified in the ULI report included the following: - Improve predictability and transparency in the hotel development review process - Establish where hotels are appropriate in the City - Leverage hotel development to achieve community benefits and limit impacts of new hotels - Enhance the design of hotels - The addition of the Hotel Overlay District is necessary to support and effectuate the proposed new standards for hotel development (proposed in concert with this overlay). - The Hotel Overlay District is mapped with two zones “A” and “B”, identified as follows (for more details see separate City staff report on proposed amendments to the Unified Development Ordinance): - Zone ”A” allows all hotels, both small and large, including lodging establishments of 7 or more guest rooms, including extended stay hotels. - Zone “B” allows only small hotels, defined as those containing 7-35 guest rooms, including extended stay hotels. - The Asheville City Council held work sessions on October 13 and October 27 to review the proposed regulations and Hotel Overlay District Map and provide guidance to staff. - As a result of these work sessions and other input received from the community, City staff has made the following changes to the Hotel Overlay District map: - Removed the Asheville Mall from the Hotel Overlay District until new zoning amendments are adopted. - Removed the River Ridge Shopping Center. - Removed the area east of South Charlotte Street between Woodfin and College Streets from the Hotel Overlay District. - Expanded the area for small hotels to include the west side of Coxe Avenue in the South Slope area. - Planning staff has also evaluated the preliminary findings of mapping Urban Renewal program areas in the City, including possible overlaps with the Hotel Overlay District. Staff will present this information to Council at the public hearing on 2/9/21. Comprehensive Plan Consistency: - This proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including ‘A Livable Built Environment’, ‘Harmony with the Natural Environment’ and a ‘Resilient Economy. The following goals are applicable to this zoning amendment: - Encourage Responsible Growth - Promote Great Architecture & Urban Design to Enhance Placemaking - Increase and Diversify Housing Supply, develop a comprehensive study of lodging facilities and their impact, and develop new policies - Promote the Development and Availability of Affordable Housing and Workforce Housing - Implement Green Building Programs - The proposed Hotel Overlay District also aligns with the land use categories outlined in the comprehensive plan as part of the Living Asheville Future Land Use Map. Compatibility Analysis: - The proposed boundaries of the Hotel Overlay District were delineated based on the contextual appropriateness of the identified properties for new hotel development. - Compatibility is ensured by locating the overlay away from residential areas, neighborhoods that are vulnerable to displacement and by further limiting it to areas where road, transit and other infrastructure is sufficient to support the hotel use. - The overlay also helps to protect historic areas by limiting the number of rooms in sensitive historic district locations and protects viewshed corridors.  Committee(s): - On 8/13/20 the Asheville Area Riverfront Redevelopment Commission (AARRC) was updated on the hotel development regulations and reviewed the proposal for a combined design review board. - Discussion centered around the membership of such a board. AARRC members wanted clarity on this issue before voting (see minutes for more detail). - At their meeting on 9/21/20 the commission voted to remove the creation of a new design review board from the proposal, due to concerns about the outdated current guidelines. - The AARRC was consulted at their meeting on 11/18/20 and weighed in on the design review committee membership and also provided guidance on the Hotel District Overlay Map. - The AARRC chair provided additional comments to staff and the Planning and Zoning Commission prior to the 2/3/21 public hearing, outlining concerns and recommendations pertaining to the design review process. - On 8/14/20 the Downtown Commission was updated on the hotel development proposal. - They voted to recommend that consideration of the hotel development regulations be delayed until such a time that a number of other related tasks could be completed (see minutes for more detail). - The Commission was briefed again at their meeting on 11/13/20 and also provided guidance on the Hotel Overlay Map. - Council’s Planning and Economic Development Committee reviewed and commented on the proposal at their meeting on 1/11/21 - On 9/2/20 the Planning and Zoning Commission held a public hearing on the proposed Hotel Development Regulations and Hotel Overlay District, but continued the hearing for further discussion and public engagement. - There was additional discussion on 9/23/20 and 11/4/20 and the hearing was subsequently continued. - At their meeting on 2/3/21, City staff presented some revisions to the proposed ordinance based on additional public engagement and Council review (see Planning and Zoning Commission recommendation).  - There was discussion regarding the possible conflict of the hotel overlay with urban renewal areas. - On 2/5/21 the Planning and Zoning Commission voted to recommend approval of the Hotel Overlay District map amendments (5-1), with the condition that the property located at 185 Clingman Ave. (Grey Eagle property) is removed from the overlay district. Pro(s): - Reintroduces hotels as a permitted use in appropriate areas. - Provides the necessary zoning/regulatory framework to guide hotel development. - Limits the opportunity for new hotel development in contextually appropriate areas where suitable infrastructure exists to support the development. - Preserves neighborhood livability and quality of life. - Protects neighborhoods that are vulnerable to displacement. - Encourages historic preservation and adaptive reuse. - Protects viewshed corridors. - Responds to recommendations by the Urban Land Institute to enhance predictability and transparency in the hotel development review process, establish appropriate areas for new hotels based on several criteria, incentivize community benefits and enhance the design of hotels. Con(s): - May inflate the value of some properties located within the overlay. Fiscal Impact: - There is no direct fiscal impact.” Councilwoman Roney pointed out that the proposed hotel overlay district map does not reflect areas of other lodging uses, i.e., short-term rentals, homestay permits, etc. Mayor Manheimer opened the public hearing at 7:24 p.m. From advanced live call-ins, 3 individuals spoke against the hotel overlay district, for several reasons, some being, but are not limited to: confusion of the entire process including the Planning & Zoning Commission not allowing public comments; and need to see the in depth study of tourism development in Asheville before making any decisions. Dee Williams appreciated the areas of the urban renewal map being removed from the overlay district and suggested we rebrand reparations to community reinvestment. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":5},{"d":"2021-02-09","mt":"regular","id":"V-A-1","ref":"","it":"motion","t":"Motion to request essays and interviews from the three current board members plus five other applicants for the Asheville City Board of Education","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":1,"mr":"contested vote","sq":6},{"d":"2021-02-09","mt":"regular","id":"V-A-2","ref":"","it":"motion","t":"Motion to request essays and interviews from three current members plus named applicants (Blount, Delange, McHargue, O'Conner, Sieburg)","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":1,"mr":"contested vote","sq":7},{"d":"2021-02-09","mt":"regular","id":"V-A-3","ref":"RES 21-31","it":"appointment","t":"Resolution appointing Susan Darnell Hutchison (CPA) to the Audit Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Audit Committee. Scott Farkas (Certified Public Accountant), has resigned, thus leaving an unexpired term until May 1, 2023. The following individuals applied for the vacancy: Travis Keever (County resident; however, works in the City of Asheville) and Susan Darnell Hutchison. On January 12, 2021, the Audit Committee Board chair recommended appointing Travis Keever (County resident). However, the Boards & Commissions Committee recommended re-advertising. On February 9, 2021, it was the consensus of the Boards & Commissions Committee to appoint Susan Darnell Hutchison.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":0,"mr":"no material signals","sq":8},{"d":"2021-02-09","mt":"regular","id":"V-A-4","ref":"RES 21-35","it":"appointment","t":"Resolution appointing Christopher Fundanish as an Alternate member to the Board of Adjustment","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing Alternate members to the Board of Adjustment. There currently exists an Alternate seat, formerly filled by Suzanne Godsey who has been appointed as a Regular member, and whose term expired on January 21, 2021. In addition, due to a discrepancy between the Unified Development Ordinance and Session Laws, City Council should appoint another Alternate member. (Buncombe County now appoints only one Regular and one Alternate member - not two Alternate members).  The following individual applied for the vacancies: Christopher Fundanish. The Boards & Commissions Committee recommended appointing Christopher Fundash as an Alternate to the Board of Adjustment and re-advertising for the other Alternate seat.","c":"Zoning & Land Use","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2021-02-09","mt":"regular","id":"V-A-5","ref":"RES 21-32","it":"appointment","t":"Resolution appointing Crissa Renquate Sinkovic to the Civic Center Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. Kimberly Hunter resigned as a member of the Civic Center Commission, thus leaving an unexpired term until June 30, 2021. It was the consensus of the Boards & Commissions Committee to appoint Sandy Aldridge, Josh Batenhorst, Tim Collins, Mitchell Eaton and Crissa Renquate Sinkovic. The Civic Center Commission and staff recommend appointing Crissa Renquate Sinkovic, and the Boards & Commissions Committee concurred with the recommendation.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":0,"mr":"no material signals","sq":10},{"d":"2021-02-09","mt":"regular","id":"V-A-6","ref":"RES 21-33","it":"appointment","t":"Resolution appointing Tony McDowell to the Firemen's Relief Fund","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Firemen’s Relief Fund. Barbara Whitehorn has resigned from the Board, thus leaving a vacancy. It was the consensus of the Boards & Commissions Committee to appoint Interim Finance Director Tony McDowell as a member of the Finance Department to fill Barbara Whitehorn’s seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":0,"mr":"no material signals","sq":11},{"d":"2021-02-09","mt":"regular","id":"V-A-7","ref":"RES 21-34","it":"appointment","t":"Resolution appointing Ben Williamson to the Asheville Area Riverfront Redevelopment Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville Area Riverfront Redevelopment Commission. The term of Carleton Collins expired on January 1, 2021. The following individuals approved for the vacancy: Timothy Bramley, Douglas Buchalter, Brian Loftus, Daniel Ratner, Ben Williamson and Christopher Fundanish. The Chair of the Riverfront Redevelopment Commission recommended appointing Tim Bramley or Ben Williamson. The Boards & Commissions Committee recommended appointing Ben Williamson.","c":"Zoning & Land Use","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1kZrq1Ix8W4lNX0-H2Efwg9EMk9w6TlTv/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2021-02-23","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on February 9, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-02-23","mt":"regular","id":"II-B","ref":"RES 21-36","it":"resolution","t":"Resolution authorizing the City Manager to sign a lease extension with Balsam Gardens, LLC on City-owned property off of Hardesty Lane at Azalea Park","desc":"Background: - Balsam Gardens has leased 11+ acres of farmland from the City for six years to operate an organic farm. - Balsam Gardens grows organic vegetables and sells to wholesale markets, local grocers, area restaurants and in local farmers markets. - No retail or U-Pick operations are allowed to occur on this City property. - This property is located to the rear of Azalea park and is adjacent to the City’s beneficial fill site. - Balsam Gardens has and will continue to honor all stream buffers, conservation easements wetlands and proposed greenway paths that exist at this location. - Balsam Gardens has participated in a public education program that allows students to tour a working organic farm. - This agricultural use has had no impact on the recreational use of Azalea Park or the soccer facility. - Only one year is being requested because the City intends to release a “Request for Proposals” to the community of organic farmers in the area. - The City intends to advertise this opportunity to businesses who have been under-represented in the past, such as those owned by people of color, and align the lease with the City’s goals to advance racial equity.  Committee(s): - None Pro(s): - Uses a unique City property to support local farming and food security in the Asheville area. - Balsam Gardens employs 6 people year round and 30 seasonally. - These workers make at least $13 per hour when the average rate is between $8 and $10 per hour. - This is a small business that is 50% woman owned. Con(s): - The land will be unavailable for City use during the term of the lease. - Due to the floodplain, City use is limited. Fiscal Impact: - The City receives approximately $3,800 per year or $317 per month. - This rental rate is based on research done to determine local fair market rate for farmland leases.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-02-23","mt":"regular","id":"II-C","ref":"RES 21-37","it":"resolution","t":"Resolution authorizing the City Manager to use the sole source procurement method and preferred alternates for the listed projects for the Broadway Public Safety Station and Dr. Wesley Grant Sr. Southside Center","desc":"Background: - Fire Station 13 referred to as the Broadway Public Safety Station (BPSS) and the Grant Center projects are in design and will soon be ready to bid. - The projects will require specific equipment or systems to be procured with sole source or preferred alternates methods which the bid specifications identify brand names known. - These methods are in the best interest of the City for the reasons identified below: Sole Source Requests - These items are to be purchased by the department for installation outside of the construction contract. - NCGS 143-129 (e) 6 allows for Purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product are not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration. - Per this statue City Council must approve items requested for sole source purchase. - Mach Alert Station Alerting (Fire Department) BPSS - Mach Alert is the fire station alerting system utilized throughout every fire station to notify firefighters to respond to incidents. - The system is integrated within the city’s radio system and dispatch center to create a single comprehensive notification system. - Asheville Fire Department has been using Mach Alert fire station alerting since 2016. - This request is to expand the current fire station alerting system to include Broadway Public Safety Station (BPSS). - Changing vendors for fire station alerting system at BPSS would require replacement of the current systems located within each of the fire stations and include replacement of the network infrastructure at the dispatch center. - Verkada Video Security Cameras (IT Department) BPSS and Grant Center - Currently installed in a number of locations in City buildings. - Saves money through providing cloud-based video storage with no annual subscription fees. - In order to have all cameras across the City managed by the same system, we need to continue to deploy this equipment. Owner’s Preferred Alternates - These items will be specified in the construction bid. - Per NCGS 133-3, bid specifications are required to cite three or more examples of items of equal design or equivalent design. - Preferred brand alternate: Specifications must identify the performance standards that support the preference. - Performance standards for the preference must be approved in advance by the owner in an open meeting. - Any alternate approved by the owner shall be approved only where: 1. Preferred alternate will provide cost savings, maintain or improve the functioning of any process or system affected by the preferred item or items, or both, and 2. Justification identifying these criteria is made available in writing to the public. - Plymovent exhaust removal system (Fire Department) BPSS - Currently installed in all City of Asheville Fire Stations. - Required to maintain current operational standard. - Vehicle hardware matches this system and standardization is necessary to utilize equipment flexibly between stations. - Schlage Door Hardware (Facilities Maintenance Department) BPSS - Currently installed in many City buildings. - Required to assist with operations and maintenance for a consistent lock system under a master key system to work across City Buildings. - Yale Lock Hardware (Parks Department) Grant Center - Currently installed at the existing Grant Center. - Required to maintain consistent operational standards between the existing Grant Center and the new building addition. - Yale hardware was installed at this facility before standardizing on Schlage hardware. - JCI HVAC controls (Parks Department) Grant Center - Currently installed at the existing Grant Center. - Required to maintain consistent operational standards between the existing Grant Center and the new building addition. - SolarEdge Photovoltaic Array inverters & optimizers (Office of Sustainability) BPSS and Grant Center - Currently installed at the ART Transit station, and in the process of being installed at 6 additional City buildings. - It is required to provide consistency in reporting solar production. Vendor Outreach Efforts: - N/A  Committee(s): - NA Pro(s): - Provides systems that will continue standardization or compatibility with existing City systems. - This will result in cost savings through reduced operations and maintenance. Con(s): - Sole source procurements may reduce competitive pricing. Fiscal Impact: - None at this time.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-02-23","mt":"regular","id":"II-D","ref":"RES 21-38 / RES 21-39","it":"resolution","t":"Resolutions adopting the initial resolutions for the 2021 Limited Obligation and Special Obligation Refunding Bonds and calling for a public hearing on March 9, 2021","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-02-23","mt":"regular","id":"II-E","ref":"RES 21-40 / ORD 4854","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Western Carolina Rescue Ministries to extend provision of Code Purple emergency shelter, and budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-02-23","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to permanently close a portion of unopened right-of-way - motion to continue comment period 24 hours","desc":"Assistant Transportation Director Jessica Morriss said that this is a public hearing to permanently close a portion of unopened right-of-way connecting east of Bellevue Road and west of Edgewood Road. This public hearing was advertised on January 29, February 5, 12 and 19, 2021. Background: - City Council passed a resolution January 26, 2021 to set a public hearing for the proposed closure on February 23, 2021. City Council will vote on the proposed closure March 9, 2021. - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - Spano and Associates Asheville, LLC has petitioned for this closure and they own the property associated with the Edgewood Road South Subdivision project (19-08084PZ) that was approved with conditions by the Technical Review Committee on March 2, 2019. - The unopened right-of-way formerly connected on the southern side of the unopened portion of Bellevue Road and presently does not connect to any other right-of-way. - This closure would not impede any future transportation connections nor does it conflict with any utility access. - The length of the proposed closure is approximately 350 feet and the width is 25 feet. - Signs were placed at two locations along the right-of-way announcing the public hearing and potential closure.  Committee(s): - Multimodal Transportation Committee - December 10, 2020 - approved unanimously. Pro(s): - Promotes sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 5:40 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":5},{"d":"2021-02-23","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to permanently close an unopened right-of-way - motion to continue comment period 24 hours","desc":"Assistant Transportation Director Jessica Morriss said that this is a public hearing to permanently close an unopened right-of-way connecting to Biltmore Avenue, directly south of White Fawn Drive. This public hearing was advertised on January 29, February 5, 12 and 19, 2021.  Background: - City Council passed a resolution January 26, 2021 to set a public hearing for the proposed closure on February 23, 2021. City Council will vote on the proposed closure March 9, 2021. - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - Milan Asheville, LLC has petitioned for this closure and they own the property at 324 Biltmore Avenue (PIN # 9648-46-4336). - This closure request is associated with the Residence Inn (FKA Extended Stay Hotel at Hospital Center) (18-05806PZ) that was approved by City Council on March 12, 2019,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":6},{"d":"2021-02-23","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider the voluntary annexation of .47 acres off Oak Hill Circle and Moorecrest Road - motion to continue comment period 24 hours","desc":"Principal Planner Shannon Tuch said that this is the consideration of a public hearing to consider the voluntary annexation of .47 acres off of Oak Hill Circle and Moorecrest Road. This public hearing was advertised on February 12, 2021. Background: - The property owner, Boomville Properties, LLC, has petitioned the City of Asheville for the annexation of 0.47 acres located at 99999 Moorecrest Road and identified in the Buncombe County tax records as PIN 9629-80-7863. - The property is currently vacant. - The property is contiguous to the City of Asheville corporate limits, is described in the ordinance and petitioner’s Exhibit A, and qualifies for annexation by petition as set forth in the North Carolina General Statutes 160A-31 and NC General Assembly Session Law 2005-139. - Resolution 21-29 was adopted on February 9, 2021 setting the public hearing for February 23, 2021. - Pursuant to NCGS 160A-31, a public hearing must be held prior to adopting an ordinance for voluntary annexation. - The petitioner has submitted a subdivision application for 12 lots, two of which are located in the subject area that are part of the voluntary annexation petition. - This application has been suspended pending the outcome of this request. - The City of Asheville is obligated to provide services to the 10 proposed lots within the City’s jurisdiction and, through this annexation, would extend those services to the additional two lots. - If the City Council decides to proceed with this request, the effective date for annexation would be March 9, 2021. - The annexation becomes effective immediately once an affirmative vote is reached. - Should the annexation be approved, there is a 60 day transition period during which the city must assign a zoning designation to the property. - A separate report recommending a zoning assignment of RM-16 has been submitted.  Committee(s): - None. Pro(s): - Provides for the orderly growth of the City and the tax base through the acceptance of appropriate areas into the corporate limits where owners desire annexation. Con(s): - None. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that it: (1) Supports residential infill in areas that can support orderly growth consistent with surrounding neighborhoods; and (2) Supports a sustainable path to balanced budgets.  Fiscal Impact: - This request includes the voluntary annexation of 0.47 acres of property into the City which will provide new property tax revenue with minimal increase to services. - Two single-family lots are planned for the property that, if approved, would generate approximately $3,100 in city property tax based on the sale price proposed by the owner/developer. - City service departments did not identify any service concerns and supported the inclusion of the two parcels with the rest of the development. In response to Councilwoman Wisler, Ms. Tuch said that the developer wishes to annex his property in that he also owns a parcel to the east and he wants to do a subdivision on the property for 12 single family lots. The way the subdivision is designed, the last two lots would be located in Buncombe County so in order for them to receive the same services, he thought it best to have the entire parcel serviced by the same entity. In response to Councilwoman Roney regarding any traffic mitigation due to the increased density, Ms. Tuch said that when the development application is submitted, that triggers the City’s review from the Technical Review Committee. As the City is aware of the concerns, they have asked the City’s Transportation Director and Public Works Director any thoughts to offset or mitigate those concerns. Ms. Tuch responded to Councilwoman Turner when she asked the difference between an initial zoning and a rezoning. Mayor Manheimer opened the public hearing at 5:56 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2021-02-23","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider the initial zoning of .47 acres off Oak Hill Circle and Moorecrest Road to RM-16 - motion to recess until March 9, 2021","desc":"Principal Planner Shannon Tuch said that this is the consideration of a public hearing to consider the initial zoning of .47 acres off of Oak Hill Circle and Moorecrest Road to RM-16 Residential Multi-Family High Density District and to assign the designation of Traditional Neighborhood on the City’s Future Land Use Map. This public hearing was advertised on February 12, 2021. Project Location and Contacts: - The voluntary annexation petition includes a 0.47 acre portion of property located at 99999 Moorecrest Rd. (PIN 9629-80-7863) and is owned by Boomville Properties, LLC. - Petitioner: Matthew Dyer. Summary of Petition: - The subject property is a 0.47 acre portion of a larger 1.33 acre parcel located off of Moorecrest Rd. in west Asheville. - The majority of the parcel, approximately 0.86 acres, falls within the City’s jurisdiction and the property owner has petitioned the City to annex the remaining 0.47 acres (under a separate public hearing to be heard by Council on February 23, 2021). - The petitioner has also submitted a subdivision application for 12 new single-family home lots with road and utility service that includes the subject property along with a 0.76 acre parcel directly adjacent to the east. - This application is on hold pending the outcome of this annexation request. - Having all of the property in one jurisdiction will allow for consistent road, sanitation and public safety service to the new lots/homes. - The properties have frontage along, and are accessed primarily from Moorecrest Rd. but are also located at the terminus of Oak Hill Circle. - The 0.86 portion of the property, along with the adjacent 0.76 acre parcel, are currently zoned RM-16 and carry the designation of Traditional Neighborhood as shown on the City’s Future Land Use map. - The proposed initial zoning designation and Future Land Use map designation for the 0.47 acre piece would be consistent with these properties. - The 0.47 acre property is currently zoned R-3 in Buncombe County, which is a residential zoning district that allows a range of housing types. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that the Traditional Neighborhood future land use designation is assigned to more compact and walkable residential areas that provides a range of housing types at a moderate density (4-8 units/acre) with the RM-16 zoning district identified as an appropriate zoning found within Traditional Neighborhood areas. - This rezoning supports opportunity for infill housing in a moderately dense and strategically located neighborhood, thus aligning with key goals in the Livable Built Environment Plan section. Compatibility Analysis: - The purpose of the RM-16 zoning is to provide a full range of high density housing types located near employment centers, shopping facilities, roads and other urban infrastructure. - The proposed RM-16 and Traditional Neighborhood designations are consistent with the portion of the property already located in the City, along with other properties located to the west, east and south of the subject property. - Properties to the north that are located in Buncombe County are zoned R-3 which, similar to RM-16, is a residential district that allows high density single or multi-family residential.  Committee(s): - The Planning & Zoning Commission reviewed the request at their February 3, 2021 meeting and voted unanimously (6:0) to approve the request. Pro(s): - Assigns a designation consistent with the surrounding zoning and uses. - Supports consistency with the zoning of the parent parcel. - Allows opportunity for higher density infill housing in a locationally efficient area. Con(s): - None identified. Mayor Manheimer opened the public hearing at 5:57 p.m. Sarah Benoit, resident on Oak Hill Drive, said their neighborhood is not opposed to responsible building; however, Oak Hill Road has existing traffic problems and will look forward to hearing any mitigating measures for a positive project in the future. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":8},{"d":"2021-02-23","mt":"regular","id":"V-A","ref":"ORD 4855","it":"ordinance","t":"Ordinance to amend the Unified Development Ordinance Articles II, III, V, VIII, IX and XVII to adopt new standards regulating hotels","desc":"Mayor Manheimer said that this public hearing was held on February 9, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After hearing additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the revised ordinance and it would not be read. Planning & Urban Design Director Todd Okolichany provided Council with a memo to update them on the revisions that Planning & Urban Design staff have made to the hotel development regulations following the public hearing on February 9, 2021. He reminded Council that the Planning and Urban Design staff presented proposed text and map amendments to the Asheville City Council regarding new hotel development regulations following a one and a half year study and public engagement process. Council had some additional concerns regarding the proposal. The following summarizes the revisions staff has made to the proposed regulations in order to address those concerns. The following changes have been made to the Public Benefits Table: - Increased the overall required points for hotels by 40-60 points - 22% to 40% increase for hotels in urban areas - 33% to 150% increase for hotels in suburban areas - Will result in more or higher level public benefits being required - Further prioritized affordable housing and reparations options (Group 2) - Revised Group 2 to only include affordable housing and reparations options - 50% of required points must go toward either affordable housing or reparations - Will ensure that hotel projects will have to either build affordable housing or contribute money toward affordable housing or reparations - Removed points for lower monetary contributions toward affordable housing and reparations ($1,000 and $2,000 options removed) - Will ensure that hotels contribute a higher amount to affordable housing or  reparations - For example, a large 100 room hotel in the downtown will have to contribute a minimum of $4,000 per room (or $400,000) in addition to other public benefits compared to a minimum of $1,500 per room (or $150,000) plus other benefits under staff’s previous proposal - A $6,000/room option is still available and has been further incentivized - Moved other equity-related benefits from Group 2 to Group 3 - Will ensure that affordable housing and reparations benefits are the top priorities - Eliminates competition amongst these benefits - Adjusted several other point allocations to incentivize equity-related benefits - Examples include lowering B corp and non-equity related options The following changes have been made to the February 9 ordinance to address concerns about appointments to the Joint Design Review Committee: - The Asheville City Council will make the appointments, consisting of four members from the Downtown Commission and four members from the Asheville Area Riverfront Redevelopment Commission. - The ninth member will still be appointed by the seated members of the Joint Design Review Committee. - Under staff’s former proposal, the Downtown and Riverfront commissions would have made the appointments. At Councilwoman Wisler’s request, City Attorney Branham spoke on the legal limitations of banning hotels as a permitted land use and with continuing the hotel moratorium. In summary, the City lacks the legal authority to ban hotels outright and that moratoriums must be temporary in nature, noting that we have near or beyond the maximum limit suggested by case law. In response to Councilwoman Wisler, City Attorney Branham said that under the law, City Council has the ability to accept or deny an application for a conditional zoning. As part of that authority, Council has the ability to impose certain site specific conditions (not things benefiting the community as a whole as seen in the public benefits table) which the developer must also voluntarily agree upon. In the past we have had hoteliers volunteer to provide some public benefits; however, we have very limited authority as a city to enforce such a donation if the developer does not follow-through with those public benefits. What staff is proposing as part of the hotel development regulations is a brand new incentive based program whereby a developer can voluntarily choose to utilize the public benefit options and by satisfying them, they have the option of going through a streamlined review process. The City will then be able to enforce the public benefit options the developer chose as a zoning violation. If they choose not to use the public benefits table option and proceed directly to City Council, and City Council tries to negotiate these general public benefits, those options will not be conditions to the project which the City can enforce. In response to Councilwoman Turner, City Attorney Branham said that he thinks that it would be viable for a developer to choose Group 2 and if it had to pay $400,000 in benefits, it could contribute $200,000 to affordable housing and $200,000 to the reparations fund. That could be an option for an amendment in the future. In response to Councilwoman Turner, Mr. Okolichany said that the process includes a staff presentation to the Downtown Commission or the Riverfront Redevelopment Commission. Staff would then take that feedback to the Design Review Committee. The community will have more opportunity for public input if a hotel is in one of those areas.  Councilwoman Turner encouraged the community to continue to share input on these regulations because the regulations and map can be amended. She would like to revisit whether or not just affordable for-sale housing would be adequate or whether we needed to look at affordable for-rent housing; along with revisiting the lodging tax. When Mr. Okolichany said that staff is prepared to come back to Council in 6-months with an update, Vice-Mayor Smith suggested staff provide Council with a demonstration of what an application would look like from submission to approval. She felt that will give the community an opportunity to suggest some changes as well. Councilwoman Mosley noted that this will be our first official vote on establishing a reparations fund. In response to Councilwoman Roney, City Attorney Branham said that the design review board is an optional step being added in order to incorporate the desired architectural and design specific elements into projects. This would be utilized as part of the incentive based process whereby an applicant is willing to provide community benefits in lieu of going to Council. If, instead, the Council were part of this process he doubted that applicants would see the benefit of taking this path. Therefore, you may end up without much benefit. This is more of a practical consideration than a legal one. In addition, if projects have to go to Council in the end, the community benefits table elements are probably beyond what could be requested as part of the conditional rezoning process. He believed the majority, if not all of them, can only be granted voluntarily in exchange for the incentive being offered. This legal prohibition exists more in case law than any specific statutory or code reference. It's a body of law known as unconstitutional exactions. Councilwoman Roney said that from the starting point where Council was on February 9, 2021, on the public benefits table, she felt we need to value our community now by doubling the points across the board in the required total points. She requested a quarterly review at a minimum from the City Council Planning & Economic Development Committee (PED). And, with that quarterly review from the outcomes of our decisions tonight, she asked for an analysis and recommendation from that Committee. That recommendation might include whether or not Group 1 needs to be a required goal because what she is hearing from Black, Brown, and Indigious youth is that economic justice and reparations is intertwined with climate justice and getting in right relationship with the planet. We have not gotten to that conversation, but that is something we could bring up in quarterly reviews. That would give the community the opportunity to engage Council twice, at PED and at the full Council.","c":"Zoning & Land Use","mo":"individual","mv":"Kilgore","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"contested vote","sq":10},{"d":"2021-02-23","mt":"regular","id":"V-A-fail","ref":"","it":"ordinance","t":"Ordinance to amend the UDO (hotel standards) - Roney motion with 100% public benefits increase (restated, deleting quarterly review)","desc":"Mayor Manheimer said that this public hearing was held on February 9, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After hearing additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the revised ordinance and it would not be read. Planning & Urban Design Director Todd Okolichany provided Council with a memo to update them on the revisions that Planning & Urban Design staff have made to the hotel development regulations following the public hearing on February 9, 2021. He reminded Council that the Planning and Urban Design staff presented proposed text and map amendments to the Asheville City Council regarding new hotel development regulations following a one and a half year study and public engagement process. Council had some additional concerns regarding the proposal. The following summarizes the revisions staff has made to the proposed regulations in order to address those concerns. The following changes have been made to the Public Benefits Table: - Increased the overall required points for hotels by 40-60 points - 22% to 40% increase for hotels in urban areas - 33% to 150% increase for hotels in suburban areas - Will result in more or higher level public benefits being required - Further prioritized affordable housing and reparations options (Group 2) - Revised Group 2 to only include affordable housing and reparations options - 50% of required points must go toward either affordable housing or reparations - Will ensure that hotel projects will have to either build affordable housing or contribute money toward affordable housing or reparations - Removed points for lower monetary contributions toward affordable housing and reparations ($1,000 and $2,000 options removed) - Will ensure that hotels contribute a higher amount to affordable housing or  reparations - For example, a large 100 room hotel in the downtown will have to contribute a minimum of $4,000 per room (or $400,000) in addition to other public benefits compared to a minimum of $1,500 per room (or $150,000) plus other benefits under staff’s previous proposal - A $6,000/room option is still available and has been further incentivized - Moved other equity-related benefits from Group 2 to Group 3 - Will ensure that affordable housing and reparations benefits are the top priorities - Eliminates competition amongst these benefits - Adjusted several other point allocations to incentivize equity-related benefits - Examples include lowering B corp and non-equity related options The following changes have been made to the February 9 ordinance to address concerns about appointments to the Joint Design Review Committee: - The Asheville City Council will make the appointments, consisting of four members from the Downtown Commission and four members from the Asheville Area Riverfront Redevelopment Commission. - The ninth member will still be appointed by the seated members of the Joint Design Review Committee. - Under staff’s former proposal, the Downtown and Riverfront commissions would have made the appointments. At Councilwoman Wisler’s request, City Attorney Branham spoke on the legal limitations of banning hotels as a permitted land use and with continuing the hotel moratorium. In summary, the City lacks the legal authority to ban hotels outright and that moratoriums must be temporary in nature, noting that we have near or beyond the maximum limit suggested by case law. In response to Councilwoman Wisler, City Attorney Branham said that under the law, City Council has the ability to accept or deny an application for a conditional zoning. As part of that authority, Council has the ability to impose certain site specific conditions (not things benefiting the community as a whole as seen in the public benefits table) which the developer must also voluntarily agree upon. In the past we have had hoteliers volunteer to provide some public benefits; however, we have very limited authority as a city to enforce such a donation if the developer does not follow-through with those public benefits. What staff is proposing as part of the hotel development regulations is a brand new incentive based program whereby a developer can voluntarily choose to utilize the public benefit options and by satisfying them, they have the option of going through a streamlined review process. The City will then be able to enforce the public benefit options the developer chose as a zoning violation. If they choose not to use the public benefits table option and proceed directly to City Council, and City Council tries to negotiate these general public benefits, those options will not be conditions to the project which the City can enforce. In response to Councilwoman Turner, City Attorney Branham said that he thinks that it would be viable for a developer to choose Group 2 and if it had to pay $400,000 in benefits, it could contribute $200,000 to affordable housing and $200,000 to the reparations fund. That could be an option for an amendment in the future. In response to Councilwoman Turner, Mr. Okolichany said that the process includes a staff presentation to the Downtown Commission or the Riverfront Redevelopment Commission. Staff would then take that feedback to the Design Review Committee. The community will have more opportunity for public input if a hotel is in one of those areas.  Councilwoman Turner encouraged the community to continue to share input on these regulations because the regulations and map can be amended. She would like to revisit whether or not just affordable for-sale housing would be adequate or whether we needed to look at affordable for-rent housing; along with revisiting the lodging tax. When Mr. Okolichany said that staff is prepared to come back to Council in 6-months with an update, Vice-Mayor Smith suggested staff provide Council with a demonstration of what an application would look like from submission to approval. She felt that will give the community an opportunity to suggest some changes as well. Councilwoman Mosley noted that this will be our first official vote on establishing a reparations fund. In response to Councilwoman Roney, City Attorney Branham said that the design review board is an optional step being added in order to incorporate the desired architectural and design specific elements into projects. This would be utilized as part of the incentive based process whereby an applicant is willing to provide community benefits in lieu of going to Council. If, instead, the Council were part of this process he doubted that applicants would see the benefit of taking this path. Therefore, you may end up without much benefit. This is more of a practical consideration than a legal one. In addition, if projects have to go to Council in the end, the community benefits table elements are probably beyond what could be requested as part of the conditional rezoning process. He believed the majority, if not all of them, can only be granted voluntarily in exchange for the incentive being offered. This legal prohibition exists more in case law than any specific statutory or code reference. It's a body of law known as unconstitutional exactions. Councilwoman Roney said that from the starting point where Council was on February 9, 2021, on the public benefits table, she felt we need to value our community now by doubling the points across the board in the required total points. She requested a quarterly review at a minimum from the City Council Planning & Economic Development Committee (PED). And, with that quarterly review from the outcomes of our decisions tonight, she asked for an analysis and recommendation from that Committee. That recommendation might include whether or not Group 1 needs to be a required goal because what she is hearing from Black, Brown, and Indigious youth is that economic justice and reparations is intertwined with climate justice and getting in right relationship with the planet. We have not gotten to that conversation, but that is something we could bring up in quarterly reviews. That would give the community the opportunity to engage Council twice, at PED and at the full Council.","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Smith","r":"failed","ta":"2-5","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"contested vote","sq":9},{"d":"2021-02-23","mt":"regular","id":"V-B","ref":"ORD 4856","it":"ordinance","t":"Ordinance to apply a new Hotel Overlay District to certain properties (main motion)","desc":"Mayor Manheimer said that this public hearing was held on February 9, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After hearing additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the revised ordinance and it would not be read. Planning & Urban Design Director Todd Okolichany provided Council with a memo to update them on the revisions that Planning & Urban Design staff have made to the Hotel Overlay District Map following the public hearing on February 9, 2021. He reminded Council that the Planning and Urban Design staff presented proposed text and map amendments to the Asheville City Council regarding new hotel development regulations following a one and a half year study and public engagement process. Council had some additional concerns regarding the proposal. This memo summarizes the revisions staff has made to the proposed hotel overlay district map in order to address those concerns. The following changes have been made to the Hotel Overlay District Map: - Removed properties where the proposed Hotel Overlay District overlapped with urban renewal program areas and removed any resulting non-contiguous parcels, including a small area on Depot Street. - Removed the property located at 185 Clingman Avenue (The Grey Eagle Music Hall property). Councilwoman Roney appreciated some of the changes, such as excluding the single Depot Street property from the Hotel Overlay Map; however, to truly protect the Southside from expedited gentrification, we must ensure it’s not surrounded at every entrance with hotel use by right. She asked that Lyman Street, Coxe Avenue, and any properties adjacent to the Urban Renewal Program Area be removed from the Hotel Overlay Map. Councilwoman Turner said that she has not seen a map with Councilwoman Roney’s suggested changes and wondered if this is something we can circle back on for some map amendments.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"contested vote","sq":12},{"d":"2021-02-23","mt":"regular","id":"V-B-fail","ref":"","it":"ordinance","t":"Hotel Overlay District - Roney amendment to remove properties adjacent to Urban Renewal Program Area","desc":"Mayor Manheimer said that this public hearing was held on February 9, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After hearing additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the revised ordinance and it would not be read. Planning & Urban Design Director Todd Okolichany provided Council with a memo to update them on the revisions that Planning & Urban Design staff have made to the Hotel Overlay District Map following the public hearing on February 9, 2021. He reminded Council that the Planning and Urban Design staff presented proposed text and map amendments to the Asheville City Council regarding new hotel development regulations following a one and a half year study and public engagement process. Council had some additional concerns regarding the proposal. This memo summarizes the revisions staff has made to the proposed hotel overlay district map in order to address those concerns. The following changes have been made to the Hotel Overlay District Map: - Removed properties where the proposed Hotel Overlay District overlapped with urban renewal program areas and removed any resulting non-contiguous parcels, including a small area on Depot Street. - Removed the property located at 185 Clingman Avenue (The Grey Eagle Music Hall property). Councilwoman Roney appreciated some of the changes, such as excluding the single Depot Street property from the Hotel Overlay Map; however, to truly protect the Southside from expedited gentrification, we must ensure it’s not surrounded at every entrance with hotel use by right. She asked that Lyman Street, Coxe Avenue, and any properties adjacent to the Urban Renewal Program Area be removed from the Hotel Overlay Map. Councilwoman Turner said that she has not seen a map with Councilwoman Roney’s suggested changes and wondered if this is something we can circle back on for some map amendments.","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Smith","r":"failed","ta":"3-4","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"contested vote","sq":11},{"d":"2021-02-23","mt":"regular","id":"V-C","ref":"","it":"motion","t":"Motion to request essays and interviews for three current board members plus four other applicants for the Asheville City Board of Education","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Mosley","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"contested vote","sq":13},{"d":"2021-02-23","mt":"regular","id":"VI-A","ref":"RES 21-41","it":"resolution","t":"Resolution adopting the City Council 2021 Legislative Agenda","desc":"Mayor Manheimer said that the Government Committee met earlier and made several changes (which have been sent to City Council) to the Legislative Agenda. She said the bill filing deadline is February 25, and noted we have a legislative delegation that is eager to hear from Asheville. City Attorney Branham said that this is the consideration of adoption of the 2021 Legislative Agenda. Background: - The 2021 legislative session of the North Carolina General Assembly commenced in January of this year. - The deadline for filing local bills with the House drafting office is March 3rd, and the deadline for the Senate drafting office is February 25th. - Historically, the City Council has adopted a legislative agenda to provide direction to our local delegation on those priorities for local or general legislation which the City wishes to pursue.  Committee(s): - Governance Pro(s): - Provides direction to our local delegation on Council’s legislative priorities, and serves as a starting point for presentation of potential general and local acts which would benefit the City. Con(s): - None. Fiscal Impact: - None. Mr. Branham responded to various questions/comments from City Council while he summarized the legislative priorities as follows: (1) Support budgetary measures that fully restore funding the SMAP for urban transit systems, and its companion rural program, Rural Operating Assistance Program (ROAP) and coordinate these efforts to the extent practical with other local municipalities; (2) Support legislation to provide authority for Asheville, or general legislation to empower cities throughout the State to conduct a local referendum on the institution of a municipality specific quarter cent sales tax to fund public transit; (3) Support legislation to provide local or general authority for the establishment of a civilian oversight board to review police use of force cases, and to provide recommendations to the Chief of Police regarding disciplinary action; (4) Support legislation to amend or reform Session Law 2015-128 to direct a more equitable  distribution of funds collected, expand the allowable uses of the funds to benefit the community, and increase the spectrum of qualified Tourism Development Authority board membership to allow for broader and more representative community engagement. The City of Asheville would specifically request that allowances for membership be provided for community members working in the arts and entertainment industry, tourism based service workers, and those owning and operating short-term rental or homestay properties; (5) Support legislation to make clear authority for electronic meetings permanent and usable at the discretion of local governments; (6) Support a legislative amendment providing clear direction to public bodies that votes may be taken, if otherwise permitted by law, at the same remote meeting in which the relevant public hearing is conducted; and (7) Oppose legislation which would defund cities who make adjustments to their local law enforcement budgets, including but not limited to the currently pending Senate Bill 100. Mayor Manheimer said that the elected School Board is not on this legislative agenda because our legislators want an agenda that has unanimous support, and she didn’t think there is unanimous support from Council on that legislative item. Mr. Patrick Conant requested a more open and earlier process for the development of this legislative agenda in the future so that public comment can be considered and revisions made within the necessary timeframe. He also asked Council to vote on individual items as they emerge throughout the year. He also provided specific feedback on the Civilian Oversight Board, the occupancy tax and the authority for electronic meetings. Mayor Manheimer said that members of Council have been previously furnished with a copy of the revised resolution and it would not be read.","c":"Transportation","mo":"individual","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1YmfS53X0hwNnl-5soneHv7314qoOWLcS/view?usp=sharing","mat":1,"mr":"policy category","sq":14},{"d":"2021-03-09","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on February 23, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-03-09","mt":"regular","id":"II-B","ref":"RES 21-42","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Austin Construction & Grading Company for the Pebble Creek stream stabilization project","desc":"Background: - An existing gabion basket retaining wall system is failing and is causing erosion along the stream bank in a section of the Dingle Creek watershed in the Pebble Creek Condominium Neighborhood. - The identified project is inside an existing Stormwater Easement for which the City has maintenance responsibility. - The existing retaining wall system must be replaced with a more sustainable wall and stream design before there is damage to the adjacent buildings or existing utilities. - The bid was advertised on January 21, 2021 with a due date of February 11, 2021. - Eleven contractors attended the non-mandatory pre-bid meeting. - A formal virtual bid opening was held at 3:00 PM on February 11, 2021. - Bids were reviewed on February 11, 2021. The following seven (7) bids were received: - Austin Construction and Grading Company of Pisgah Forest, NC at $295,680; - K&T Construction Company, RLLP of Green Mountain, NC at $378,057.88; - B.H. Graning Contracting Inc of Sylva, NC at $381,618; - Piedmont Utility Group, Inc of Mooresboro, NC at $429,528.49; - RPM Partners, Inc of Kernersville, NC at $448,251; - J. Bartholomew Construction, LLC of Hendersonville, NC at $487,110; - Baker Grading & Landscaping, Inc of Old Fort, NC at $799,500. - The lowest, responsive, and responsible bidder was Austin Construction & Grading Company. - Construction is anticipated to start around the first week of April, weather permitting. - The project should be completed in approximately five months. Vendor Outreach Efforts: - The City’s Goal Setting Committee has set an annual aspirational goal for construction projects at 4.6% MWBE participation, in alignment with the City’s Business Inclusion Policy. - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System, the City of Asheville website, the City of Asheville Twitter account, and requiring prime contractors to  reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The Stormwater Capital group also reached out to MWBE contractors that were identified through Yoruba Life, NCDOT HUB certified website, and The Color of Asheville directory. - Past contractors who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. - During preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department. - Out of the seven (7) bids received, two (2) bidders self-identified as MWBE business owners; three (3) bidders had incomplete ABI Affidavits where they did not designate if they are MWBE firms or not; and two (2) bidders represented that they would be utilizing MWBE sub-contractors. - The lowest responsive, responsible bidder does not self-identify as a MWBE firm. - Although the lowest responsive, responsible bidder is not utilizing a MWBE subcontractor, the Asheville Business Inclusion Office (ABI) reviewed the bid submission and found that adequate documentation of outreach for MWBE subcontractors was provided. - The two prime contractors that self-identified as MWBE firms were not selected because their bid amounts were significantly higher than the lowest responsive, responsible bidder, and would have put the project over budget. - One of these two bidders was determined to be non-responsive during review by the ABI Office.  Committee(s): - None Pro(s): - The contract will address severe erosion at the base of the existing gabion wall structures that has resulted in stream bank failure and potential risk to the adjacent condominiums due to their proximity to the stream. - The new wall system and flow control measures to be installed are more sustainable and will improve conveyance and safety for the surrounding structures. Con(s): - Construction may be somewhat disruptive to nearby residences. Efforts will be made to notify the residents and minimize disruptions. Fiscal Impact: - Funding for this project is budgeted in the Stormwater Capital Fund.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-03-09","mt":"regular","id":"II-C","ref":"RES 21-43","it":"resolution","t":"Resolution authorizing the City Manager to approve an amendment to the COVID-19 supplemental transit operations contract with Young Transportation","desc":"Background: - Asheville Rides Transit (ART) service continues to be impacted by the COVID-19 event. - Capacity limitations on buses, in place since March 2020, and occasional driver shortages from COVID-19, have resulted in routes being suspended and/or passengers being left behind. - During July 2020, the City contracted with Young Transportation Inc. for $962,000 to assist ART by providing supplemental transit operations on the highest ridership routes and by filling in for drivers impacted by COVID-19. - During October 2020, the City amended the contract with Young to add $560,000 to the contract and extend the term to March 31, 2021. - During April 2020, $3.668 million in CARES Act funds were allocated to the City to assist with transit operations. - These funds have been used to fund the contract with Young Transportation, provide additional cleaning and personal protective equipment, provide bus barrier doors, provide a one-time bonus for front-line/on-site ART staff, provide administrative leave for ART staff impacted by COVID-19, and to cover fare loss and the loss of state transit funds (SMAP). - All of the CARES Act funds have been expended. - The paratransit budget for the current fiscal year was approved at $1.7 million; however, paratransit service has decreased substantially due to the COVID-19 event so the expected cost for paratransit this fiscal year is estimated to be between $675,000 and $725,000. - The anticipated savings in the paratransit budget could be used to offset the cost of the current amendment.  Committee(s): - None Pro(s): - Continue providing supplemental transit service through the end of the current fiscal year. - Able to provide increased passenger capacity. - Able to “fill-in” when ART drivers are sick. Con(s): - None Fiscal Impact: - Until this time, the City has used CARES Act funds to fund the Young Transportation contract, however CARES Act funds have been depleted. - Savings from the paratransit budget are proposed to be used to fund the additional Young Transportation service.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-03-09","mt":"regular","id":"II-D","ref":"RES 21-44","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with IPC Paving LLC for the French Broad River Greenway West project","desc":"Background: - The French Broad River Greenway West will connect the French Broad River Park to the existing greenway that terminates at the Haywood Road Bridge. - This will be a 1.02 mile paved greenway extension that further enhances the pedestrian and bicycle infrastructure constructed with the RADTIP project. - A 2018 Federal Grant will be paying for 80% of the construction costs for this project through the N.C. Department of Transportation. - The Construction schedule is anticipated to begin April 2021 and end in June 2022. - Duke Energy Progress, LLC owns the majority of the property that this greenway will be constructed on. - The City of Asheville holds a lease for the public recreation and greenway purposes. - Duke Energy Progress has notified the City that the camping on the path has created a safety hazard in that it does not allow them to access the transmission lines in the event of an outage or a fire at this location. - Additionally, the City has concerns over the safety of individuals during the construction of the greenway which is tentatively scheduled to start in April. - Asheville Police Department’s policy on homeless persons related to encampment procedures provides seven days to vacate the property. - For this particular project, we are proposing a 30 day notification period. - One of the terms of this lease stipulates that the lessee (the City of Asheville) shall be “solely responsible for maintaining and securing the Leased Premises against the activities of trespassers (such as unauthorized campers).” - No less than two weeks prior to starting construction, the City of Asheville and other community resources will work with the existing unauthorized campers to find alternative accommodations to abide with the terms of the property lease and avoid any dangerous conditions with the greenway construction. - Nine bids were received and formally opened on January 28, 2021. - The resulting bids (including bid alternate 1-parking improvements at French Broad River Park) are listed below: Contractor Location Amount - Tennoca Construction Candler, NC $ 6,089,292.25 - Baker Grading and Landscaping Old Fort, NC $ 5,569,609.00 - TP Smith Construction Forest City, NC $ 5,161,455.41 - Dane Construction Mooresville, NC $ 4,534,397.60* - Buchanan and Sons Whittier, NC $ 4,167,037.00 - NHM Construction Asheville, NC $ 3,739,376.00 - Bryant's Land Development Ind. Burnsville, NC $ 3,349,850.40 - IPC Paving, LLC dba IPC Structures Hendersonville, NC $ 3,252,544.00 - Penland Contracting Company Franklin, NC $ 2,217,796.75* improper bid form was used for two bids listed above, which deemed these two bidders non-responsive. Vendor Outreach Efforts: - With all Federally funded projects, the Disadvantaged Business Enterprise (DBE) program is required. - The federally established DBE goal for this project is 5% participation. - Staff performed outreach to minority and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System. - IPC Paving’s bid includes 5.36% DBE participation. - This DBE participation is achieved by utilizing JLS Company, LLC from Skyland, NC as a subcontractor.  Committee(s): - None Pro(s): - Federal funding will be covering approximately $2.8M of the expected total $3.5M in construction cost. - This project will finish a one mile long gap between two older sections of the French Broad River Greenway creating a four mile stretch of continuous greenway along the river through four parks. - It will also pave the 0.02 mile long dirt trail underneath the Amboy Road Bridge. Con(s): - The project construction area will cause a temporary disruption to individuals that are actively using the area. Fiscal Impact: - Funding for this project will come from the previously approved existing CIP budget.","c":"Housing","mo":"consent_batch","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-03-09","mt":"regular","id":"II-E","ref":"ORD 4857","it":"ordinance","t":"Budget amendment to program funding from the N.C. Dept. of Environmental Quality for backyard composting education and outreach","desc":"Background: - On October 27, 2020, City Council adopted Resolution No. 20-188 authorizing the City Manager to apply for and accept, if awarded, grant funding from NCDEQ to provide outreach and education to increase backyard and community-based composting. - NCDEQ selected the City of Asheville proposal for funding for Fiscal Year 2021. - The Backyard Composting Grant grant award is for $18,000 and requires a 20% match. The match of $3,600 will be split evenly between the Office of Sustainability and the Public Works Sanitation Division. - This budget amendment will move the matching funds from each department to a project budget along with the grant funds.  Committee(s): - None Pro(s): - Helps support the City’s waste reduction goal while leveraging state funding. Con(s): - None Fiscal Impact: - A cash match of $3,600, or 20% of the requested grant funds of $18,000, will be provided from the Sanitation Division ($1,800) and the Office of Sustainability ($1,800). - This budget amendment moves the matching funds and grant funds into a Special Revenue Fund budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-03-09","mt":"regular","id":"II-F","ref":"","it":"motion","t":"Motion to revise the Fiscal Year 2020-21 budget calendar","desc":"Background: - At its January 12, 2021, meeting, City Council adopted the Fiscal Year 2021-2022 (FY22) Budget Calendar. - Since adoption of that calendar, City Council’s meeting schedule has been revised to move the Council Retreat from February to either late March or early April. - In order to allow for time to incorporate input from the Council Retreat into the budget process prior to submission of the City Manager’s Proposed Budget, staff is recommending changes to the calendar. - Changes to highlight include: - Formal presentation of the City Manager’s Proposed Budget moved from May 11, 2021 to May 25, 2021. - The Public Hearing on the Proposed Budget moved from May 25, 2021 to June 8, 2021. - Budget adoption moved from June 8, 2021 to June 22, 2021.  Committee(s): - None Pro(s): - Provides City Council, staff, and the community with a revised calendar of upcoming dates related to development of the FY22 budget. Con(s): - None. Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-03-09","mt":"regular","id":"II-G","ref":"RES 21-45","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Cooper Construction Company, Inc. for the 2020-21 pressure reducing valve replacement project","desc":"Background: - The current pressure reducing valve (PRV) located near Windy Gap Road in the upper region of Haw Creek Valley was installed in 1990. - The current water pressure entering the PRV is approximately 265 psi at any given time. - The pressure is extremely high due to the elevation difference from the Peach Knob storage tank to the PRV. - The PRV reduces the pressure to approximately 70 psi as it flows down into Haw Creek Valley. - Due to the age and condition of the current application, it has reached the end of its life cycle. - Water Resources staff is observing an upward trend of pressure leaving the PRV which means the current valve is slowly failing. - The existing installations have fulfilled their useful life. - Given the condition of the equipment and the design and installation constraints of these sites, the PRVs are unsafe and present a hazard to City infrastructure, City staff, and private property due to impending failure. - In the event the Upper PRV fails completely, there are approximately five miles of infrastructure and 47 houses that would be compromised with pressure that would be too great to sustain. - In 2019, Water Resources Department staff began working in collaboration with the engineering firm Cavanaugh and Associates to develop a plan to implement a new application at the previously mentioned sites. The outcome of this plan was the recommendation of a full replacement of the PRV. The recommended mechanism for installation was utilization of a third-party contract installer, procured through a formal bid process. - The contract duration is scheduled to last no longer than 150 consecutive calendar days. Formal Bid Process: - Staff performed outreach to minority-and women-owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No Minority & Women-Owned Business Enterprise (MWBE) firms submitted bids. - Three firms submitted bids for this project: - TP Howard, Fairview, NC - $240,000 - Carolina Specialties, Hendersonville, NC - $206,724 - Cooper Construction Company, Flat Rock, NC - $124,625 - Cooper Construction Company was deemed the lowest responsive responsible bidder. - The RFP was released prior to the January 1, 2021 Business Inclusion Policy effective date. - The bid was deemed responsive by acceptable minority business outreach efforts in place at that time.  Committee(s): - None Pro(s): - Safeguards City infrastructure along with 47 private homes from impending damage and liability. - Sustains the integrity and reliability of the water system. - Progresses the City toward updating its aging infrastructure, which will ultimately result in higher confidence by customers and stakeholders. Con(s): - None Fiscal Impact: - The funding needed for the contractual agreement is currently allocated within the Water Resources Capital Improvement Project Fund in the Meter/Vault Repair budget line item.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-03-09","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to amend the Unified Development Ordinance - motion to recess until March 23, 2021","desc":"Principal Planner Shannon Tuch said that this is the consideration of an amendment to the Unified Development Ordinance Articles V, VIII, XI & XII related to discretionary decisions in order to bring the City’s development code into alignment with recent state legislation. This public hearing was advertised on February 26 and March 5, 2021. Background: - 160D refers to a new chapter in the North Carolina General Statutes (NCGS) that reorganizes the land use regulatory laws of the State and came into effect through Session Law 2019-111 “AN ACT TO CLARIFY, CONSOLIDATE, AND REORGANIZE THE LAND-USE REGULATORY LAWS OF THE STATE.”, adopted July 11, 2019. - The purpose of 160D is to clarify and reorganize the land use regulatory laws of the State and is the first major recodification and modernization of city and county development regulations since 1905. - The new 160D also consolidates these laws into one chapter in order to provide a uniform set of statutes applicable to both cities and counties (formerly found in Chapter 160A for cities and Chapter 153 for counties). - Per Session Law 2020-25, local governments are required to enact zoning text amendments that align with 160D by July 1, 2021. - 160D is comprehensive; therefore, City staff are addressing these revisions in sections, expecting to complete all necessary revisions by the deadline. - This zoning text amendment is the third in a series of amendments and seeks to align the City’s UDO (Chapter 7) with 160D by removing the authority for staff to make discretionary decisions. - This is achieved by either 1) removing the authority where it is not necessary; or, 2) adding objective criteria for certain decisions. - Summary of changes: The majority of changes eliminate the language that authorizes a staff person to make exceptions or modifications to development standards. - There are a few instances where objective criteria have been updated and/or added to provide flexibility under certain circumstances. - These instances include: - Sidewalk and open space fees-in-lieu (objectively identifying under what conditions a fee may be paid in lieu of constructing the sidewalk or providing open space) - Setback and parking flexibility (allowing for minor reductions where commonly encountered constraints warrant) - Table of permitted uses (establishing criterion on how to classify a land use not included in the existing table) Comprehensive Plan Consistency: - This proposal best aligns with the Living Asheville Comprehensive Plan theme of Responsible Regionalism that seeks to “improve Regional Collaboration, Coordination and Communication” by aligning the City’s development code with state statutes. (p. 288)  Committee(s): - The Planning & Zoning Commission reviewed this proposed amendment at their February 3, 2021 (public hearing) and February 5, 2021 (vote) meetings and voted unanimously (6:0) to approve the amendment. Pro(s): - Proposed changes will align the City’s development standards, practices and procedures with newly enacted NCGS Chapter 160D. - Clarifies practices and procedures for the development community and provides objective criteria where additional flexibility can be considered in the UDO. - Reduces likelihood a legal challenge based on discretionary or subjective decisions. Con(s): - None. Fiscal Impact: - None; however, the fees and charges manual for FY 2020/21 will be amended as part of the budget process to establish a fee-in-lieu option for sidewalk and related infrastructure construction. In response to Councilwoman Wisler, if we encounter any conflicts with 160D, we will identify them and remove them at a later date. If we find something has been omitted for change by July 1, 2021, then state law controls. Mayor Manheimer opened the public hearing at 6:23 p.m.  Mayor Manheimer announced that there was one advanced live call-ins for this item; however, that person did not join into the meeting. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for the public hearing to amend the Unified Development Ordinance Articles V, VIII, XI & XII related to discretionary decisions, in order to bring the City’s development code into alignment with recent state legislation, will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":7},{"d":"2021-03-09","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to permanently close a portion of an unopened right-of-way - motion to continue comment period 24 hours","desc":"Streets Division Manager Chad Bandy said that this is a public hearing to consider permanently closing a portion of an unopened right-of-way known as Trade Street. This public hearing was advertised on February 12, 19, 26 and March 5. Background: - N.C. Gen. Stat. § 160A-299 grants cities the authority to permanently close streets and alleys. - Meinch Construction, Inc. has petitioned to close this right-of-way. They are the owners of 99999 Trade St, PIN # 9638-98-2756. Joining this petition are Butler and Celeste Wiltse. They are the owners of 28 Trade St., PIN # 9638-98-3860. - This closure allows maximum land use potential for further development complying with Living Asheville - A Comprehensive Plan for our Future. - This closure allows for the development of 99999 Trade St by providing more room for construction by adjusting the property lines. - The right-of-way is needed to provide the required screening in the back of the property for 4 residential units that will front on Roberts Street. - A resolution to set this public hearing was adopted on December 8, 2020, and signs were placed at two locations along Trade Street.  Committee(s): - Multimodal Transportation Committee - October 28, 2020: Supported closing the right-of-way by unanimous vote. Pro(s): - The closure would allow for more efficient use of the existing adjacent properties. - Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None noted. Fiscal Impact: - There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:26 p.m.  Mayor Manheimer announced that there was one advanced live call-ins for this item; however, that person did not join into the meeting. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2021-03-09","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider adopting the initial resolution (refunding bonds) - motion to continue comment period 24 hours","desc":"Interim Finance Director Tony McDowell said that this is the consideration of a public hearing to consider adopting the initial resolution for the 2021 Limited Obligation Refunding Bonds. This public hearing was advertised on February 26, 2021. Background: - In May, 2018, Council authorized the issuance of a Limited Obligation Bond Anticipation Note in an amount not to exceed $48 million. - Since that time, the City has drawn down $34.9 million on the loan. - In order to refund the principal, the City intends to issue long-term, fixed-rate LOBS & SOBS Refunding Bonds in late April 2021. - Projects funded with this debt issuance include TIGER VI construction in the River Arts District, Charlotte Street improvements, and the replacement of lighting at various parks facilities. - The issuance of the LOBS Refunding Bonds requires a public hearing. Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Converts Limited Obligation short-term variable-rate debt to Limited Obligation and Special Obligation long-term, fixed-rate refunding bonds. - Spreads capital costs over a longer term to better match assets’ lives. Con(s): - None Fiscal Impact: - Annual debt service payments will increase because long-term fixed rates are higher than short-term variable rate debt. This increase is included in the City’s long-range financial model for issuing and paying-off debt. The final amounts of the new debt service payments will be determined on the bond sale date. Mayor Manheimer opened the public hearing at 6:30 p.m. Mayor Manheimer announced that there was one advanced live call-ins for this item; however, that person did not join into the meeting.  In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Transportation","mo":"public_hearing","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":9},{"d":"2021-03-09","mt":"regular","id":"V-A","ref":"RES 21-46","it":"resolution","t":"Resolution to permanently close a portion of unopened right-of-way connecting east of Bellevue Road and west of Edgewood Road","desc":"Mayor Manheimer said that this public hearing was held on February 23, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2021-03-09","mt":"regular","id":"V-B","ref":"RES 21-47","it":"resolution","t":"Resolution to permanently close an unopened right-of-way","desc":"Mayor Manheimer said that this public hearing was held on February 23, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2021-03-09","mt":"regular","id":"V-C","ref":"ORD 4858","it":"ordinance","t":"Ordinance to voluntarily annex .47 acres off Moorecrest Road and Oak Hill Circle","desc":"Mayor Manheimer said that this public hearing was held on February 23, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours.  Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2021-03-09","mt":"regular","id":"V-D","ref":"ORD 4859","it":"ordinance","t":"Ordinance to initially zone .47 acres to Residential Multi-Family High Density District","desc":"Mayor Manheimer said that this public hearing was held on February 23, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"contested vote","sq":13},{"d":"2021-03-09","mt":"regular","id":"VI-A","ref":"RES 21-48","it":"resolution","t":"Resolution requesting the local delegation pursue a modification to the School Board selection process (hybrid model)","desc":"","c":"Administrative","mo":"individual","mv":"Smith","sec":"Roney","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"contested vote","sq":14},{"d":"2021-03-09","mt":"regular","id":"VI-B","ref":"RES 21-49","it":"resolution","t":"Resolution requesting the local delegation pursue a modification to the School Board selection process (fully elected model)","desc":"Mayor Manheimer said that City Council recently unanimously adopted a legislative agenda. What was not on that agenda was the selection process for the School Board members because it was uncertain whether Council supported moving forward with an elected School Board. She noted there are only two school boards in the State of North Carolina, including  Asheville’s, whose members are appointed by the governing board. Since a change in the selection process requires a State legislative change, our actions today are just to indicate our support for or against an elected school board. From a timing standpoint, the earliest we could expect action would be the 2022 election cycle. She asked the City Attorney to draft two options - one of which is a hybrid model which would move us to an elected and appointed School Board. The other is a fully elected School Board. She asked that Council vote on both options simply because we are not sure the hybrid model is legally allowed; and if it is not allowed, we need to give the legislative delegations some options. In response to Councilwoman Kilgore, City Attorney Branham said that all the other elected school boards in the state were either established as an elected school board from the beginning or were moved to that mode by State legislation. In response to Vice-Mayor Smith, City Attorney Branham updated Council on the possibility of a hybrid model. He said there currently is no other model existing in the state using a hybrid model; however, there is some limited precedent. When you go back to the late 1970’s, the City of Whiteville, which is fairly small, actually had a school board which had some appointed members - oddly enough appointed by the General Assembly and not by the local government. But they also had elected members as well. So, there is some precedent in this. There is no specific authority granted in the State statutes. What we do know is there is no prohibition against having a hybrid model. He believed there is a good chance, given the precedent and the lack of prohibition against doing it, that a hybrid is a viable model. Vice-Mayor Smith favored a hybrid model for a seven member board, four of the members to be elected by the residents of the Asheville City Schools District and three members still being appointed by City Council, with the chair to be selected by the entire board. City Attorney Branham responded to Vice-Mayor Smith when she asked about the election methodology. In response to Councilwoman Roney, City Attorney Branham said that the membership of the School Board does not hinge on our population.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Turner","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":1,"mr":"contested vote","sq":15},{"d":"2021-03-09","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":16},{"d":"2021-03-09","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1TtiThZzXbPKJNaoN4j6DaVogS9JdjVNc/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2021-03-23","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on March 9, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-03-23","mt":"regular","id":"II-B","ref":"RES 21-50","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract extension with Blanchard, Miller, Lewis & Isley, P.A. for government relation services","desc":"Background: - Approval of this contract will allow the City’s Lobbyist to continue his legislative services. - The previous contract was also for $72,000 annually, and the renewal will continue at this same annual rate. - The City has the option to renew the contract annually for up to two years.  Committee(s): - None Pro(s): - Will allow for continued legislative services in the North Carolina General Assembly. Con(s): - None  Fiscal Impact: - The City of Asheville will pay $72,000 annually to renew the government relations contract, and have the option to extend this agreement for up to two additional one year terms at the same annual rate. - Funding for the contract is included in the General Fund budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-03-23","mt":"regular","id":"II-C","ref":"RES 21-51","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Hyatt Pipeline LLC for the Water System Neighborhood Enhancement Project Area 6","desc":"Background: - On January 27, 2021, the Water Resources Department (WRD) issued an Advertisement for Bids for the Water System Neighborhood Enhancement Project Area 6. - The scope of work for this project includes the installation of approximately 5,100 Linear Feet of 8-inch and 6,700 Linear Feet of 6-inch waterline and appurtenances along Livingston Street & Depot Street; Old Shoals Road Extension; Monte Vista Place; Downing Street; Frederick Street; Britt Drive; Hilltopia Road; Plateau Road; and Pine Tree Drive. - This proposed project has been determined to be a critical installation that will increase the water system’s reliability by replacing undersized and older waterlines that have high failure rates and also by providing improved water pressure and flow characteristics for domestic service and fire fighting capabilities. - In response to the Advertisement for Bids, the WRD received the following seven (7) bids on February 25, 2021: 1. Hyatt Pipeline, LLC: Canton, NC - Bid: $2,038,917.55 2. Appalachian Sitework, Inc: Waynesville, NC - Bid: $2,071,865.23 3. T.P. Howard Plumbing Company, Inc: Fairview, NC - Bid: $2,191,000.00 4. Cooper Construction Company, Inc: Hendersonville, NC - Bid: 2,311,138.00 5. Huntley Construction Company: Asheville, NC - Bid: $2,325,000.00 6. Buckeye Bridge, LLC: Canton, NC - Bid: $2,464,805.50 7. Carolina Specialties Construction, LLC: Hendersonville, NC - Bid: $2,700,190.05 - Following city staff’s review of the bids, Hyatt Pipeline, LLC, was selected as the lowest responsible, responsive bidder. - The WRD requests authorization to contract with Hyatt Pipeline, LLC. for the bid amount of $2,038,917.55 plus a 10% contingency in the amount of $203,891.75 for a total project budget in the amount of $2,242,809.31. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System  and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids as the prime contractor. - The advertisement and bidding process adhered to the current Asheville Business Inclusion (ABI) policy. - Staff coordinated the advertisement and bid with the ABI office to ensure compliance with the policy.  Committee(s): - Not Applicable. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s): - None. Fiscal Impact: - Funds needed for this construction agreement are already budgeted in the “Small Waterline Replacement Projects” within the Water Resources Capital Improvement Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-03-23","mt":"regular","id":"II-D","ref":"RES 21-52","it":"resolution","t":"Resolution changing the name of the French Broad River East Bank Greenway to the Wilma Dykeman Greenway","desc":"Background: - The 3.5 mile greenway corridor is located on the east bank of the French Broad River between Broadway Street and Amboy Road. - Nearly two-thirds of the corridor was recently completed with the RADTIP project and the remaining third will be designed during FY 2020-21. - The City’s Greenway Master Plan refers to the greenway as the French Broad River East Bank Greenway. - Wilma Dykeman, born and raised in Asheville, was an author and environmental steward of the French Broad River. - She highlighted pollution in the French Broad River in her 1955 book The French Broad, which won the first Thomas Wolfe Memorial Literary Prize. - The City’s existing comprehensive riverfront plan is named after Wilma Dykeman. - The proposed name change is intended to recognize Dykeman's contributions, but will also aid in distinguishing the east and west-side greenways along the French Broad River. - RiverLink assisted the City with public engagement by releasing a survey seeking input on the proposed name change and it indicated broad support of the name change.  Committee(s): - Greenway Committee - January 7, 2021 - recommend approval - Multimodal Transportation Commission - February 24, 2021 - recommend approval Pro(s): - Honors Wilma Dykeman for her legacy of environmental stewardship of the French Broad River. - Eliminates confusion of the greenways located on each side of the river. Con(s): - None Fiscal Impact: - None","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-03-23","mt":"regular","id":"II-E","ref":"RES 21-53","it":"resolution","t":"Resolution authorizing the City Manager to execute a multi-year bond counsel contract with Parker Poe Adams & Bernstein LLP","desc":"Background: - The City of Asheville requires the legal services of bond counsel to review, prepare, and assist the City in matters related to bond issuance. These services include: - participation in meetings with City staff and, to the extent deemed necessary by the City staff, with the City Council; - preparation of the amendments and supplements to the Indenture, Installment Financing Contract and the Deed of Trust, as necessary, under which the Bonds will be issued and various resolutions and notices, relating to the authorization, execution and delivery of the Bonds; - preparation of all other papers required as a condition precedent to the execution and delivery of the Bonds; - assistance to the City with respect to matters before the Local Government Commission; - participation with the underwriter and its counsel in the review of the documents for the sale of the Bonds; - preparation of necessary resolutions and documentation for approval by the Asheville Public Financing Corporation (“APFC”) and participation with counsel to the APFC related to the closing for the Bonds; - and delivery of an opinion as to the validity of the Bonds and the federal and state tax treatment of the interest on the Bonds, subject to usual and customary exceptions. - Parker Poe has a long-standing client relationship with the City, providing necessary bond counsel services to the City of Asheville with satisfactory results. - Per State statute and City policy, this type of contract is exempt from competitive bidding. - North Carolina law prohibits the City Attorney, or any assistant city attorney from performing this function, therefore external counsel is required.  Committee(s): - None Pro(s): - Contracting with this firm provides necessary outside expertise that enhances the City’s financial management; and - Statute requires outside bond counsel when issuing debt. Con(s): - None. Fiscal Impact: - This not-to-exceed $500,000, multi-year contract, will be funded each year as needed, based on the services to be rendered to each department. Funding for this contract is included as part of the Capital Improvement Program (CIP)/Debt program.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-03-23","mt":"regular","id":"II-F","ref":"RES 21-54","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Swim Club Management Group Inc. for management of City aquatic facilities","desc":"Background: - The Parks & Recreation Department operates three community pools & an interactive fountain from June - August. - It has become increasingly difficult to recruit, hire and train qualified temporary seasonal workers. - A Request for Proposals was advertised for interested companies to operate and maintain the three City of Asheville pools and Splasheville interactive fountain for one year with an option to renew for an additional two years. - There were 3 proposals received: - Swim Club Management Group, Inc, Asheville, NC.: $191,900 - USA Pools of North Carolina, Charlotte, NC: $279,250 - Pool Management, Inc, Cumming, GA: $206,161 - Swim Club Management Group, Inc. was selected based on the qualifications, understanding of the scope of services, cost, and availability. - Swim Club Management Group, Inc. will provide all labor, materials and supplies for the operations and management of the City’s aquatic facilities. - The average annual cost to operate the three community pools in-house has been approximately $200,000. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers. - Advertisement and outreach was provided by the Asheville Business Inclusion office. - None of the bidders were Minority & Women-Owned Business Enterprise (MWBE).  Committee(s): - None Pro(s): - Contracting with a professional aquatic facilities management company for operations and maintenance ensures community pools will be operated in a safe, efficient manner and eliminate the obstacles associated with retaining an adequate number of certified staff. - Reduces the seasonal hiring impacts on the Human Resources Department to recruit, hire and on-board temporary employees. - Community pool operations will be operated with the adequate number of certified staff for the pool season. Con(s): - The current COVID restrictions for pools may limit the ability to hire staff in time to open the pools. Fiscal Impact: - Funding for this contract exists within the currently approved Parks & Recreation department operating budget for pool staffing and operations. - The contract amount is budgeted in Parks and Rec in the operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-03-23","mt":"regular","id":"II-G","ref":"RES 21-55","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Moore & Son Site Contractors Inc. for the Forest Hill/Caledonia stormwater project","desc":"Background: - The purpose of this project is to make improvements to the stormwater system and roadway along portions of Forest Hill Drive and Caledonia Road. - Caledonia Road is a bond resurfacing project and a continuation of the previous Caledonia Road Resurfacing project. - The Forest Hill Drive section of the project is funded by the Stormwater Capital Fund and makes a critical connection between the Kenilworth Road stormwater system and the Caledonia Road stormwater system. - Several new inlets will be added and new pipes installed inside the right-of-way of Forest Hill Drive (from Caledonia to Kenilworth Road) and the upper portion of Caledonia Road to improve drainage and reduce stormwater on the roadway. - Concrete curb will also be installed to allow stormwater to be intercepted without causing erosion along the road edge. - Road safety improvements include: - a modification of the intersection of Caledonia Road, just before Forest Hill Drive, - speed humps to slow traffic on either side of the stop sign, and - resurfacing the remaining section of Caledonia Road and Forest Hill Drive (from Caledonia to Kenilworth Road). - This project is funded with 2016 General Obligation (GO) bond funds, Stormwater capital funds, and General capital funds. - GO bond contribution is $383,368.80 - Stormwater Capital Fund contribution is $254,179.20 - General Capital Fund contribution (speed humps only) is $8,400. - The project was advertised on January 26, 2021. - A total of five contractors attended the non-mandatory pre-bid meeting. - The project had an original bid due date of February 18, 2021. - Only two bids were received, therefore, a formal bid opening was not able to occur. - The project was re-advertised on February 19, 2021, and a formal bid opening occurred on March 4, 2021 at 3:00 pm. - The following three (3) bids were received on March 4, 2021 and reviewed: - Moore & Son Site Contractors, Inc. of Mills River, NC at $538,290 - B.H. Graning Contracting, Inc. of Sylva, NC at $633,110.67, and - RPM Partners, Inc. of Kernersville, NC at $1,349,580. - The lowest responsive, responsible bidder was Moore & Son Site Contractors, Inc. - Construction is anticipated to start mid-April, weather permitting. - The project should be completed in just over eight months. Vendor Outreach Efforts: - The City’s Goal Setting Committee has set an annual aspirational goal for construction projects at 4.6% MWBE participation, in alignment with the City’s Business Inclusion Policy. - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System, the City of  Asheville website, the City of Asheville Twitter account, and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Stormwater staff also reached out to MWBE contractors that were identified through Yoruba Life, NCDOT HUB certified website, and The Color of Asheville directory. - Past contractors who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. - During preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department. - Out of the three (3) bids received, one (1) bidder self-identified as a MWBE business owner and would be utilizing MWBE subcontractors. - One (1) bidder indicated that they would be utilizing a MWBE sub-contractor. - One (1) bidder indicated they would self-perform all work on the contract. - The lowest responsive, responsible bidder indicated they would self-perform all the work on the contract. - The Asheville Business Inclusion Office reviewed their bid submission and found the bid was compliant with the ABI Policy for a self-performing contractor. - The two bidders that were utilizing MWBE subcontractors were not selected because their bid amounts were significantly higher than the lowest responsive, responsible bidder.  Committee(s): - None Pro(s): - The contract will replace an inadequate stormwater system and provide roadway improvements within the city right of way, including speed humps and realignment of an existing non-typical street intersection. - The new stormwater system will improve roadway drainage and provide stormwater conveyance inside the right-of-way. - The project will improve public safety in the neighborhood, as well as reduce liability to the City. Con(s): - Construction may be somewhat disruptive to nearby residences. - Efforts will be made to notify the residents and minimize disruptions. Fiscal Impact: - Funding for this project is already budgeted in the General Capital Fund (2016 GO Bond Program) and the Stormwater Capital Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-03-23","mt":"regular","id":"II-H","ref":"RES 21-56","it":"resolution","t":"Resolution authorizing the City Manager to renew an agreement with Azteca Systems, LLC for an enterprise asset management system contract","desc":"Background: - Cityworks asset management software provides a platform for Water Resources and Public Works asset management, work orders, and reporting. - This is an annual software renewal to allow for continued use of Cityworks software. - It is highly integrated with the City’s GIS program and includes all major physical assets maintained by Water Resources and Public Works (water mains, valves, hydrants, streets, fleet vehicles, etc.). - One component added in 2020, the Metrics Application Programming Interface (API), allows for integration between Cityworks and Fleet Services’ fuel management system. - This streamlines data entry, increases efficiency, and automates the creation of cyclical work orders and reports. Vendor Outreach Efforts: - The City of Asheville conducted a competitive procurement process for an asset management software system for both Public Works and Water in 2016 and 2017. - There are a limited number of vendors providing enterprise asset management software. - After reviewing all available options, Azteca Cityworks was selected as the best overall value for the City of Asheville.  Committee(s): - None Pro(s): - More efficient management of Water Resources and Public Works physical assets and infrastructure. - Automation of work orders and reporting. Con(s): - If continued funding is not appropriated, it will have a significant negative impact on the ability of the Water Resources and Public Works departments to proactively manage and maintain critical infrastructure. Fiscal Impact: - The annual software renewal cost is $66,000. This includes $60,000 that was originally adopted as part of the Fiscal Year 2020-21 Water Resources budget. - The additional $6,000 covers the Metrics Application Programming Interface (API) and will come from the Public Works Fiscal Year 2020-21 budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-03-23","mt":"regular","id":"II-I","ref":"RES 21-57","it":"resolution","t":"Resolution amending the City Council 2021 meeting calendar to include a City Council retreat on March 31-April 1, 2021","desc":"Summary: City Council will hold their annual retreat on March 31 and April 1, 2021. The March 31 meeting will begin at 3:00 p.m. and the April 1 meeting will begin at 8:30 a.m., both on the Arena Floor of Harrah’s Cherokee Center - Asheville, located at 87 Haywood Street, Asheville, N.C. This retreat will be in-person for Council members, a small number of staff, facilitators and members of the media; however, due to COVID restrictions, the public should continue to view the meeting virtually. Members of the City Council and City staff will meet on March 31st prior to the start of the public meeting, but no public business will be deliberated and no actions will be taken. This portion of the retreat will not be open to the public. Members of the public and media will be provided a means to view the meeting remotely, but no public comment will be taken. Two individuals encouraged City Council to provide greater details (including the retreat agenda) and more transparency to the retreat. Each requested public comment be allowed during the retreat with live call-ins.","c":"Community Programs","mo":"individual","mv":"Wisler","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"contested vote","sq":11},{"d":"2021-03-23","mt":"regular","id":"II-J","ref":"RES 21-58","it":"resolution","t":"Resolution amending the membership of the Affordable Housing Advisory Committee to add two additional members and amending the bylaws","desc":"Background: - The Affordable Housing Advisory Committee was established in June, 2011, with a 9 member board, and updated in March, 2019, to an 11 member board. - AHAC would like to add two additional members to the Committee with Housing Experience as stated in the By-Laws. - One of the new board members would be from The Housing Authority of the City of Asheville (HACA), with expertise in public housing and vouchers. - The second new board member would have general housing experience.  Committee(s): - Affordable Housing Advisory Committee - February 1, 2021 - Passed unanimously - Boards & Commissions - March 9, 2021 - Passed unanimously Pro(s): - Additional diversity on the AHAC Committee, adding expertise from HACA Con(s): - None Fiscal Impact: - None","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-03-23","mt":"regular","id":"II-K","ref":"RES 21-59","it":"resolution","t":"Resolution authorizing the City Manager to approve a sole-source procurement of station alerting equipment for Fire Station 4","desc":"Background: - The Fire Station #4 renovation is currently underway with an estimated substantial completion date of May 2021. - The project will require specific equipment or systems to be procured with sole source methods. - These methods are in the best interest of the City for the reasons identified below. Sole Source Requests - NCGS 143-129 (e) 6 allows for Purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product is not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration. - City Council must approve these items which are to be purchased for installation outside of the construction contract. - Mach Alert Station Alerting - Fire Station #4 - Mach Alert is the fire station alerting system that is used in every Asheville fire station to notify firefighters to respond to incidents. - The system is integrated within the city’s radio system and dispatch center to create a single comprehensive notification system. - The Asheville Fire Department has been using the Mach-Alert fire station alerting system since 2016. - Changing vendors for the fire station alerting system at Fire Station #4 would require replacement of the current systems located within each of the fire stations and include replacement of the network infrastructure at the dispatch center. - A stand alone system would be incompatible with the rest of the alerting system and the comprehensive notification across the City would not be possible. Vendor Outreach Efforts: - Sole source procurement allows for products to be purchased exclusively from one vendor in order to ensure the expansion of an existing system using proprietary components. - In using sole source procurement, there is no outreach because the items are purchased from a specific vendor.  Committee(s): - None Pro(s): - Provides systems that will continue standardization or compatibility with existing City systems. - This will result in cost savings through reduced operations and maintenance. Con(s): - Sole source procurements may reduce competitive pricing. Fiscal Impact: - The estimated cost of this upgrade is $50,000. - The alternative would be to replace the system with a new system which would be significantly more expensive.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-03-23","mt":"regular","id":"II-L","ref":"ORD 4360","it":"ordinance","t":"Budget amendment from insurance funds anticipated for a totaled City fire truck to apply toward the purchase","desc":"Background: - On January 30, 2021, a City fire truck was totaled when it flipped over on highway I-26. - The City filed an insurance claim with the City’s property insurance carrier seeking replacement cost for the totaled fire truck and equipment and anticipates to receive $650,000 in consideration for the loss, less a $100,000 deductible for a projected total of $550,000 in insurance recovery. - The City seeks to allocate the insurance proceeds received to the Capital Projects Fund to apply towards the purchase of a new fire truck and equipment.  Committee(s): - None Pro(s): - Allocates City selected replacement cost property insurance policy proceeds for the Asheville Fire Department rather than actual cash value insurance that depreciates assets; resulting in full cost insurance proceeds received to replace the totalled fire truck and equipment loss. Con(s): - As it is an unplanned purchase, replacing the fire truck requires identifying an additional $100,000 in funding. Fiscal Impact: - $100,000 in additional funding from the annual Capital Improvement Program contingency will be utilized to fully fund the purchase of a replacement fire truck.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-03-23","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to amend UDO Articles II and XVI (homestays) - motion to continue to May 11, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2021-03-23","mt":"regular","id":"V-A","ref":"ORD 4361","it":"ordinance","t":"Ordinance to amend the UDO Articles V, VIII, XI & XII related to discretionary decisions to align with state legislation (Chapter 160D)","desc":"Mayor Manheimer said that this public hearing was held on March 9, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding  public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2021-03-23","mt":"regular","id":"V-C","ref":"RES 21-60","it":"resolution","t":"Resolution to permanently close an unopened right-of-way known as Trade Street","desc":"Mayor Manheimer said that this public hearing was held on March 9, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2021-03-23","mt":"regular","id":"V-C2-1","ref":"RES 21-61","it":"resolution","t":"Resolution approving the 2021 Limited Obligation Refunding Bonds","desc":"","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"policy category","sq":15},{"d":"2021-03-23","mt":"regular","id":"V-C2-2","ref":"RES 21-62","it":"resolution","t":"Resolution approving the 2021 Special Obligation Refunding Bonds and Bond Order","desc":"","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"policy category","sq":16},{"d":"2021-03-23","mt":"regular","id":"V-C2-3","ref":"RES 21-63","it":"resolution","t":"Resolution approving the Bond Order for the 2021 Special Obligation Refunding Bonds","desc":"Mayor Manheimer said that the public hearing on the 2021 Limited Obligation Refunding Bonds was held on March 9, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"policy category","sq":17},{"d":"2021-03-23","mt":"regular","id":"V-D-1","ref":"RES 21-64","it":"resolution","t":"Resolution to approve the demolition and removal of the Vance Monument and authorize a contract with Chonzie, Inc.","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Mosley","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"contested vote","sq":18},{"d":"2021-03-23","mt":"regular","id":"V-D-2","ref":"","it":"ordinance","t":"Budget amendment of $70,000 from General Fund unassigned fund balance for the comprehensive Community Vision Document","desc":"","c":"Budget & Finance","mo":"individual","mv":"Mosley","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":1,"mr":"contested vote","sq":19},{"d":"2021-03-23","mt":"regular","id":"VI-A","ref":"RES 21-65","it":"appointment","t":"Resolution appointing members to the Asheville City Board of Education (reappoint James Carter; appoint Jacquelyn Carr McHargue and Peyton O'Conner)","desc":"Vice-Mayor Smith said that City Council conducted interviews for the following School Board candidates: Joyce Brown, Patricia Griffin, James Carter, Michele Delange, Jacquelyn Carr McHargue, Peyton O’Conner, and George Sieburg. After Council Members expressed their gratitude to these outstanding candidates, each member of Council was asked to name three candidates. Joyce Brown received 3 votes, Patricia Griffin received 2 votes, James Carter received 4 votes, Michele Delange received 1 vote, Jacquelyn Carr McHargue received 7 votes, Peyton O’Conner received 2 votes, and George Sieburg received 2 votes. Since only two candidates (James Carter and Jacquelyn Carr McHargue) received a majority of votes, another round of votes took place with each member of Council casting one vote for those candidates that received two or more votes. Joyce Brown received 1 vote, Patricial Griffin received 2 votes, Peyton O’Conner received 4 votes, and George Sieburg received no votes.","c":"Boards & Appointments","mo":"individual","mv":"Manheimer","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gF7ch0i_df8ULHnVbNWKV9J0lPvaxZ0o/view?usp=sharing","mat":0,"mr":"no material signals","sq":20},{"d":"2021-04-13","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on March 23, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-04-13","mt":"regular","id":"II-B","ref":"ORD 4363 / ORD 4364","it":"ordinance","t":"Ordinance amending Section 16-39 of the Code of Ordinances re public right-of-way cuts and related budget amendment","desc":"","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-04-13","mt":"regular","id":"II-C","ref":"RES 21-66","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement","desc":"Background: - The City of Asheville will enter into an interlocal agreement with Buncombe County to give authority to conduct feasibility site assessments and issuance of a joint solicitation for onsite solar energy systems. - Onsite energy systems installed will be a photovoltaic (PV) system. A PV system is a power system in which solar panels will convert sunlight to electricity. Electricity generated will be consumed at the site where they are located. Any additional electricity not able to be used on site will be supplied back to the electricity grid managed by Duke Energy. - The solicitation will be issued by Buncombe County and will also include sites from Buncombe County, Town of Weaverville, Town of Black Mountain, and UNC Asheville. - Joining the solicitation with these partners will increase the requested number of renewable systems which may provide all parties with lower prices. - It also supports Buncombe County Resolution 17-12-06 to transition all of Buncombe County to renewable energy by 2042. - The City will be responsible for selection of the sites, funds for feasibility assessments, and funds to prepare solicitation documents. - The City is under no obligation to enter into an agreement with responsive bidders if it is not deemed in the best interest of the City.  Committee(s): - Sustainability Advisory Committee on Energy and the Environment - March 10, 2021- Support Pro(s): - Supports Resolutions 11-77 (80% carbon reduction goal), 18-279 (100% renewable energy goal) and 20-25 (climate emergency declaration). - An interlocal agreement with Buncombe County will increase the requested number of renewable systems which may provide all parties with lower prices. Con(s): - None Fiscal Impact: - $10,000 has been budgeted from the Green Savings account to prepare solicitation documents for solar systems and $13,172 has already been spent in technical analysis. - The solicitation will accept “solar leasing” or “energy as a service” responses. - Solar leasing or energy as a service would require a long-term agreement that translates into a low-to-no upfront cost to install the solar systems with an annual or monthly payment agreed upon with the bidder and recipients. - Ideally, the annual cost would be at or below the electric utility cost already incurred by these facilities.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-04-13","mt":"regular","id":"II-D","ref":"ORD 4365","it":"ordinance","t":"Technical budget amendment in each of the City's annual operating funds","desc":"Background: - As part of its ongoing operations, the City enters into various contracts and purchase order agreements throughout the fiscal year. - Budget funds are encumbered for the full amount of the expected purchase. - These contracts and purchase orders are often not fully completed and paid in one fiscal year. - North Carolina General Statutes provide authorization for local governments to reserve the unexpended portion of these prior year commitments and roll those budgets forward to the new fiscal year. - As a part of the FY 2019-20 annual audit, staff identified prior year commitments and carry-over appropriations to roll forward to FY 2020-21. - These dollar amounts were deducted from the unassigned fund balance amounts that were reported in the Comprehensive Annual Financial Report. - The technical budget amendment will provide authorization to officially appropriate these amounts in the FY 2020-21 budget for each of the City’s annual operating funds. It is standard practice for staff to bring forward this technical budget amendment each year at the same City Council meeting in which the external auditors present the annual audit results.  Committee(s): - None Pro(s): - Provides budget authorization for prior year contracts, purchase orders, and other carry-over appropriations that rolled forward to FY 2020-21.  Con(s): - None. Fiscal Impact: - There is no impact on unassigned/available fund balance in the City’s operating funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-04-13","mt":"regular","id":"II-E","ref":"RES 21-67 / ORD 4366","it":"resolution","t":"Resolution authorizing application to the Federal Transit Administration and budget amendment in the Transit fund","desc":"","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-04-13","mt":"regular","id":"II-F","ref":"RES 21-68","it":"resolution","t":"Resolution approving donations of unused and unclaimed settlement funds to the Asheville City Schools Foundation","desc":"Tracey Greene-Washington, representing CoThinkk, founder of Co-Thinkk, said that they led by African-American & Latinx leaders in Asheville and Western N.C. committed to using our time, talent, and treasure to address some of the most critical issues impacting communities of color. It is important that they are able to do three things - as a complimentary action, as CoThinkk is presented as one of two potential recipients that will receive a portion of proceeds from the recent settlement. The first is to ensure we create transparency regarding the process that allowed us to reach consensus with the City regarding the donation and our internal CoThinkk process. The second is to clarify the structure of CoThinkk, the amount and what it really costs to do structural change and racial equity work. And, is a calling in of fellow social change philanthropists to be at the table with us as we continue to evolve our collective work that is anchored in equity, liberatory practices, and innovation that will be needed for the future. They are humbled to receive this donation and know that intentional work to implement, do and facilitate structural change necessitates deep investment. She noted that she submitted a letter with all her comments to City Council.","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-04-13","mt":"regular","id":"II-G","ref":"RES 21-69","it":"resolution","t":"Resolution authorizing the City Manager to enter into a memorandum of understanding","desc":"Background: - To help Buncombe County administer COVID-19 vaccinations in a quicker, more efficient manner, the County recruited area-wide fire departments including the Asheville Fire Department and Harrah’s Cherokee Center Asheville for staffing assistance of operations at the sites. - During its time onsite, the Asheville Fire Department and Harrah’s Cherokee Center Asheville staff help with appointment registration; administering vaccinations; patient observation education; traffic management; resource management; and logistics support. - Buncombe County will reimburse the City at hours paid (regular or overtime) plus fringe benefits for all employees assisting in the operations of the County COVID vaccination and testing site - The agreement ends in June 2021. Vendor Outreach Efforts: - Agreement is with Buncombe County  Committee(s): - None  Pro(s): - Receiving reimbursement funds will reduce the impact this assignment has on the Asheville Fire Department and Harrah’s Cherokee Center Asheville compensation and benefits budgets. - Assisting Buncombe County with their COVID vaccination efforts allows for more vaccines to be administered during the time period set forth in the agreement than could be administered without the participation of the Asheville Fire Department and Harrah’s Cherokee Center Asheville. - The Asheville Fire Department continues its long relationship with working with Buncombe County to deliver public safety services. Con(s): - None Identified Fiscal Impact: - The fiscal impact will be neutral because Buncombe County will reimburse the City of Asheville all its compensation and benefits expenses. - The reimbursements will be around $50,000 each month and will vary depending on actual staffing levels and compensation amounts.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-04-13","mt":"regular","id":"II-H","ref":"","it":"motion","t":"Motion to revise the Fiscal Year 2021-22 budget calendar","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-04-13","mt":"regular","id":"II-I","ref":"RES 21-70","it":"resolution","t":"Resolution authorizing the City Manager to accept funding from Dogwood Health Trust","desc":"Action(s) Requested: Adoption of a resolution to accept a grant from Dogwood Health Trust in the amount of $50,000 toward the City’s $130,000 agreement with Western Carolina Rescue Ministries, Inc. to provide Code Purple Emergency Shelter Background: - Code Purple is a longstanding practice where homeless shelter providers exceed regular capacity and waive regular rules on nights when the temperature or windchill are at/below 32 degrees in order to ensure survival of people experiencing homelessness. - Code Purple is a community-led initiative that has primarily been coordinated by agencies in the Homeless Coalition. - COVID-19 has created many challenges for homeless service providers and therefore no emergency shelters were able to participate in Code Purple this winter at their facilities. - Western Carolina Rescue Ministries, Inc. agreed to operate Code Purple in an off-site location. - In order to meet these extraordinary circumstances, on December 1, 2020, the City of Asheville entered into an agreement with Western Carolina Rescue Ministries, Inc. to provide up to 50 Code Purple beds at First Congregational United Church of Christ (20 Oak Street) for the month of December. - Funding for this first month of operations in the amount of $42,240 came from Coronavirus Relief Funding (CRF) previously approved by the City Council. - To continue shelter operations, the City of Asheville entered into an agreement with Western Carolina Rescue Ministries, Inc. on January 1, 2021 for $80,000. - Buncombe County agreed to provide $40,000 of funding to assist with those costs; the City funded the other $40,000 with previously budgeted affordable housing pay-go funding in the City’s Capital Improvement Program (CIP). - On February 23, 2021, City Council authorized an amendment to the agreement with Western Carolina Rescue Ministries, Inc. to add $50,000 to continue shelter operations. - On February 23, 2021, Dogwood Health Trust awarded the City of Asheville $50,000 towards the cost of Code Purple Emergency Shelter. - This resolution will accept those funds for that purpose.  Committee(s): - None Pro(s): - Continues the essential operation of Code Purple - Addresses public health and safety - Demonstrates community ownership and willingness to partner to address the needs of the homeless Con(s): None Fiscal Impact: - As noted above, Code Purple Emergency Shelter costs have previously been funded through a combination of Coronavirus Relief Funding, Buncombe County funds, and City of Asheville CIP funds. - Accepting these grant funds will offset the City’s allocation of CIP funds for this contract. Motion(s): - Motion to adopt a resolution accepting a grant from Dogwood Health Trust in the amount of $50,000 toward the City’s $130,000 agreement with Western Carolina Rescue Ministries, Inc. to provide Code Purple Emergency Shelter","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-04-13","mt":"regular","id":"IV-A1","ref":"RES 21-71","it":"resolution","t":"Public hearing - resolution authorizing submission of an amendment to the 2020-21 Action Plan for CDBG and HOME programs to HUD","desc":"","c":"Housing","mo":"public_hearing","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2021-04-13","mt":"regular","id":"IV-A2","ref":"ORD 4367","it":"ordinance","t":"Budget amendment to increase the amount of the FY2020-21 Community Development funds (65 Ford Street property)","desc":"Mayor Manheimer said that this public hearing was held on March 23, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. At Mayor Manheimer’s request to provide some summary information, Community Development Program Director Paul D’Angelo said that the Community & Economic Development Department is seeking authorization for the City Manager to submit an amendment  to the 2020-21 HUD Annual Action Plan to the U.S. Dept. of Housing & Urban Development authorizing the $1.6 Million in Community Development Block Grant Program Income from the sale of Charlotte Street to be used to purchase 65 Ford Street. He then gave a brief summary of the CDBG Funding (1) The City of Asheville receives approximately $1M in our HUD CDBG Annual Allocation for our Community Partners; (2) The City can't have more than $1.5M (1.5x Spend Rate) on May 1st - Timeliness Test - to comply with HUD that we are spending these dollars in the community in a timely manner; (3) The City currently has approximately $2M in our Total Line of Credit; with the $1.6M in CDBG Program Income from the sale of Charlotte Street, our balance is $3.6M; and (4) We need to spend $2.1M by May 1st - $1.5M for the purchase of 65 Ford St. and $600,000 on our subrecipients already under contract - to pass the Timeliness Test. He gave a summary of the Timeliness Test is (1) City Staff have discussed this $1.6M in CDBG Program Income since Late Fall 2019 because of the large dollar amount & the HUD Timeliness Test; (2) The original plan was to close on the Charlotte St. sale after May 1st, 2020, to provide more time and hence more options on how we could spend these dollars; and (3) With COVID and normal real estate delays, the City did not receive the $1.6M in proceeds until late December 2020 / early January 2021 and immediately began communicating with City Management about spend options, now very limited with the timeliness test. Mr. D’Angelo then gave a summary of why the purchase of 65 Ford Street (1) The purchase of 65 Ford Street was far enough along in the process with Council approval, due diligence and HUD Environmental to be able to close with this funding on or around April 23, 2021; (2) The purchase is a strategic use of these funds as this purchase meets a national CDBG objective, is an eligible activity, follows a High Priority in the HUD Consolidated Plan, is timely and keeps us HUD Compliant; and (3) HUD has a longstanding policy of reducing the next year's grant allocation of a grantee that continues to be untimely and may take corrective actions as needed to remedy the deficiency including sanctions. Staff recommends the purchase of 65 Ford Street site and use of Community Development Block Grant funds for the following reasons: (1) This $1.5M purchase of 65 Ford Street invests CDBG PI back into the community with the intent of the land being used for affordable housing, including homeownership; (2) This land purchase is an eligible use of CDBG PI, is timely to remain HUD compliant and frees up Affordable Housing Bond dollars that are less restrictive than HUD dollars; and (3) These funds were accounted for in the FY 20/21 HUD Annual Action Plan and staff has been working in tandem with HUD for guidance on this PI and diligently to move this funding into the community and pass the Timeliness Test. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and budget amendment and they would not be read. Councilwoman Roney said we have an obligation to invest in Deaverview with Deaverview and we have an obligation to address the harms of urban renewal and red lining with the neighbors, especially the Black community impacted by urban renewal and red lining. We can’t continue harm and displacement by pushing people to the outskirts and outside of access to infrastructure and visibility and outside of the City School System. She understands and hears the complex situation we are in, but this conversation is not over yet because we still have resources to address and we still have issues at hand that are overlapping. She has heard the request for the Asheville-Buncombe County Land Trust to be at the table with us as we continue these conversations. Because of their partnership with us and because guaranteed permanent affordable housing is part of their mission, she would support these actions.  Vice-Mayor Smith said that in order to meet the Timeliness Test and since we have limited options, she would support these actions.","c":"Housing","mo":"public_hearing","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2021-04-13","mt":"regular","id":"V-A","ref":"RES 21-72","it":"resolution","t":"Resolution approving the loan modification requested by Mountain Housing Opportunities","desc":"Community Development Program Director Paul D’Angelo said that this is the consideration of approving a Mountain Housing Opportunities (MHO) request to extend the maturity dates of a total of five City of Asheville Rental Rehab for Owners and Tenants/ Community Development Block Grant (CARROT/CDBG) loans valued at $683,028 and eliminate yearly interest payments in exchange for an additional 20-year affordability period and rent restrictions raised to 60% AMI from 50% AMI. Background: - From the early 1990s to the mid-2000s, MHO was committed to developing smaller, scattered site rental housing for some of the most low income households in Asheville. - Utilizing Section 108 and CDBG loans from the City of Asheville, MHO acquired and renovated six older properties that created 22 affordable units. - MHO primarily used the Section 108 funded CARROT (City of Asheville Rental Rehabilitation for Owners and Tenants) loan program which provided low interest rates for investors of affordable housing. - Each of these loans will become due over the next four years. - Between May 4, 2000 and March 15, 2004, the City of Asheville extended five (5) loans to MHO for the properties listed below: Project Units Original Principal Balance Anticipated Balance on 7/31/2021 Yearly Interest Maturity Date Affordability Period Extension Source 61-63 Annandale 6 $212,450 $187,104.84 5.3% 5/1/2021 5/1/2041 CARROT 65-67 Annandale 7 $231,000 $218,204.29 5.3% 5/1/2021 5/1/2041 CARROT  65-67 Annandale 7* $31,500 $31,500.00 0%* 5/1/2021 5/1/2041 CDBG 6 Trinity Chapel 1 $33,000 $23,631.10 3% 10/1/2023 10/1/2043 CARROT 280 Merrimon 8 $250,000 $222,884.86 2% 3/1/2025 3/1/2045 CARROT This loan does not have an interest rate. 65-67 Annandale utilized both a CDBG and CARROT loan. This is represented as two entries due to two loans on the same unit. These units should not be counted twice when tallying total units - MHO has found that operating cash from older renovated properties is not sufficient to pay debt service and build replacement reserves for future capital needs due to the high maintenance costs associated with the age of the buildings. - The properties currently operate at a break-even level. - Per MHO, the pandemic has exacerbated this issue due to some tenants inability to pay rent. - Deferring the debt will allow MHO to build the necessary reserves to maintain these aging properties. - The Community Development Division attempts to work with our development partners who wish to extend their affordability periods, add additional affordable units, etc. - If rents are raised to 60% AMI, this would apply only to new and future tenants. Existing tenants would not be affected by the increase in AMI.  Committee(s): - Housing & Community Development (HCD) - March 16, 2021 - Approved unanimously. Pro(s): - By approving MHO’s request, affordable units are preserved for an additional 20 years while also protecting future program income that may result from the sale of a property or if units are no longer affordable. - Units accept vouchers. Con(s): - The City will no longer earn approximately $25,000 annual interest on these loans. - The interest is received as program income for Community Development Block Grant funding. Fiscal Impact: - No effect on the general fund. - The loans were made using federal funding sources. - When funds are returned to the City, funds would be reprogrammed for similar purposes. - A balloon payment will be due at each of the new maturity dates. - Each of these loans will be set up as no interest and no monthly payments. Mayor Manheimer announced that there were no advanced live call-ins for this item. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2021-04-13","mt":"regular","id":"VI-1","ref":"RES 21-73","it":"appointment","t":"Resolution appointing members (Amy Kemp, Andrew Emory) to the Audit Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Audit Committee. The terms of Amy Kemp (CPA seat) and Gail Miller expire on May 1, 2021. The following individuals applied for the vacancies: Travis Keever, Tim Kelley and Andrew Emory. The Boards & Commissions Committee recommended reappointing Amy Kemp (CPA seat) and appointing Andrew Emory to the Audit Committee.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":1,"mr":"contested vote","sq":12},{"d":"2021-04-13","mt":"regular","id":"VI-2","ref":"RES 21-74","it":"appointment","t":"Resolution appointing Wendy Tabb as an Alternate member to the Board of Adjustment","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing an Alternate member to the Board of Adjustment. Due to a discrepancy between the Unified Development Ordinance and Session Laws, City Council should appoint another Alternate member. (Buncombe County now appoints only one Regular and one Alternate member - not two Alternate members). The following individual applied for the vacancy: Wendy Tabb. The Boards & Commissions Committee recommended appointing Wendy Tabb..","c":"Zoning & Land Use","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2021-04-13","mt":"regular","id":"VI-3","ref":"RES 21-75","it":"appointment","t":"Resolution appointing Dee Williams and Lynn Smith to the Mountain Community Capital Fund Operating Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Mountain Community Capital Fund Operating Committee. The terms of Dee Williams and Lynn Smith, as members of the Mountain Community Capital Fund, expired on April 1, 2021. ‘ The following individuals applied for the vacancies: Gilbert Amengual, Carl E. Alguire and Dane Barrager. The Boards & Commissions Committee recommended reappointing Dee Williams and Lynn Smith.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"no material signals","sq":14},{"d":"2021-04-13","mt":"regular","id":"VI-4","ref":"RES 21-76","it":"appointment","t":"Resolution appointing Shirley Whitesides to the Public Art & Cultural Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Cultural Commission. Due to the resignation of Valeria Watson, there currently exists a vacancy on the Public Art & Cultural Commission until June 30, 2023. The following individuals applied for the vacancy: Nathaniel Wyrick, Christina O’Donnell, Hilary Chiz, Michael G. Waddle, D. Rae Geoffrey, Robin Ellege, Rodney Moore, Marie West, Tarek Inkidar, Wayne Wheeler, Mark Wilson, Bridget McFarthing, Robert Milnes, Reggie Tidwell, Claire Changery, John Moriarty, Leslie Shaw, Erin Clare, Shirley Whitesides and Whitney Richardson. The Boards & Commissions Committee recommended appointing Shirley Whitesides.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1vqzOBBs2crPb3fWWS5iiT2aHembckomz/view?usp=sharing","mat":0,"mr":"no material signals","sq":15},{"d":"2021-04-27","mt":"regular","id":"D","ref":"","it":"resolution","t":"Resolution and budget amendment for the Asheville High Intensity Drug Trafficking Areas (HIDTA) 2021 Grant ($275,416)","desc":"","c":"Budget & Finance","mo":"individual","mv":"","sec":"","r":"","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":1,"mr":"policy category","sq":11},{"d":"2021-04-27","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on April 13, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-04-27","mt":"regular","id":"II-B","ref":"ORD 4368","it":"ordinance","t":"Ordinance amending Chapter 2, Article 3 of the Code of Ordinances to update roles and responsibilities","desc":"Background: - The Asheville City Council adopted Ordinance No. 4855 on February 23, 2021 which amended Chapter 7 (the Unified Development Ordinance “UDO”) to expand design review to include hotels and established a new Design Review Committee to perform design review for all projects located within a design review area (Hotel Overlay, Downtown and Riverfront areas). - Prior to Ordinance No. 4855, design review had been performed by designated subcommittees of both the Asheville Downtown Commission and the Asheville Area Riverfront Redevelopment Commission with a final vote performed by the applicable full Commission. - Chapter 2, Article 3 of the City of Asheville Code of Ordinances should be updated to reflect that design review is no longer a responsibility of these respective commissions.  Committee(s): - None Pro(s): - Makes Chapter 2 of the City’s Code of Ordinances consistent with Chapter 7 Con(s): - None","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-04-27","mt":"regular","id":"II-C","ref":"RES 21-77","it":"resolution","t":"Resolution authorizing the City Manager to enter into contracts with Cigna Health and Life","desc":"Background: - Blue Cross Blue Shield of North Carolina is the current health insurance provider for employees of the City of Asheville. - Analysis conducted by Willis Towers Watson, the City’s benefits consultant, revealed the City’s current plans are below market norms. - The City issued an RFP to solicit proposals to provide health insurance coverage for City of Asheville employees and their dependents on December 14, 2020. - The City received four responses to the RFP for employee health insurance coverage. - The Evaluation Committee consisting of Peggy Rowe, Special Assistant to the City Manager; Larisa Lowman, Compensation and Benefits Manager; Shannon Barrett, HR Director; Tony McDowell, Finance Director; and Taylor Floyd, Budget Manager; reviewed all RFP responses and narrowed the field to three firms. - The final three firms were evaluated by the Evaluation Committee and Cigna Health and Life Insurance Company and Express Scripts, Inc. were selected to provide employee medical and pharmacy insurance coverage. Vendor Outreach Efforts: - Request for proposal was issued December 14, 2020, with a response deadline of January 11, 2021. - Under the City’s Business Inclusion Policy, contracts for banking or insurance services are excluded from the scope and application of the policy. - Outreach efforts were performed by posting the RFP on the State’s Interactive Purchasing System.  Pro(s): - Entering into contracts with Cigna and ESI will provide employees access to medical plans that meet market norms. - Cigna will provide increased care management for plan participants. - The proposed contracts will provide access to more robust medical coverage, dependable pharmacy coverage, wellness initiatives and resources, with a goal to improve participant health, resulting in cost containment. - Cigna and ESI will guarantee the administrative fees for four years with no increases. - The proposed fees match the current fee structure with BlueCross Blue Shield so there is no increase in administrative costs. Con(s): - Failure to enter into the contract will leave the City of Asheville employees and their dependents without health insurance coverage for the 2022 fiscal year. Fiscal Impact: - No increase to the current budgeted amount for employee health insurance coverage with a potential for cost savings.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-04-27","mt":"regular","id":"II-E","ref":"RES 21-78","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Patton Construction Group for the Overlook Road sidewalk project","desc":"execute any change orders that may arise during the project up to the contingency amount of $26,532 (10%). Background: - The City of Asheville passed a General Obligation Bond in 2016. - Within this Bond, money was budgeted to construct new sidewalks and Overlook Road was identified as one of these sidewalks. - The limits of this project are from Briarcliff Dr. to Pinchot Dr. - This project has gone through an extensive public engagement process and review process by the North Carolina Department of Transportation. - Bids for construction were advertised on March 10, 2021. - Bids were opened as originally scheduled on March 31, 2021. - There were four bids received on March 10, 2021. - The contractor names and bid amounts are listed below: - Appalachian Paving (Asheville, NC) $300,562.50 - Bartholomew Construction (Hendersonville, NC) $367,133.94 - Patton Construction (Asheville,NC) $265,320 - Whaley Construction (Kodak, TN) $393,021 - Patton Construction of Asheville, North Carolina was the lowest responsive, responsible bidder and the bid was within the budget established for this project. - The construction will start in early June. - The contractor has 120 calendar days to perform the work. - The work is scheduled to be complete by the end of September. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - An annual aspirational goal of 4.6% was set for the prime contractors focusing outreach to MBE with a documented disparity in the construction field. - These contractors specifically include Black, Native, and Asian American contractors. - Two percent of the total dollar amount of this contract will be performed through a certified MWBE. EZ Striping is a HUB certified Black-owned business out of Forest City, NC. - They are subcontracted to provide striping on this project.  Committee(s): - None. Pro(s): - Project works towards fulfillment of the General Obligation Bond. - Will fill in sections of missing sidewalk that add to pedestrian safety. Con(s): - Possible reduced levels of service for automobiles during the day while being constructed. Fiscal Impact: - Funding for the Overlook Road Sidewalks project is included in the General Obligation Bond Program. - The contract amount is $265,320 for the construction of the Overlook Road Sidewalk Project plus a contingency amount of $26,532.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-04-27","mt":"regular","id":"II-F","ref":"RES 21-79","it":"resolution","t":"Resolution authorizing the City Manager to execute a sole source procurement","desc":"Background: - In May 2020, the Streets Division of the Public Works Department was contacted by its representative from Cargill Salt - Road Safety, the manufacturer of AccuBrine (the system used to produce brine for anti-icing in the winter). - The Cargill representative stated that the software and electric controls for the current system are no longer manufactured or supported, making Asheville's current system obsolete. - The existing proprietary AccuBrine system thus requires upgrades that must use Cargill parts and all upgrade designs. - According to NCGS §143-29, Procedure for letting of public contracts, one of the exceptions to the bidding requirement is standardization: \"Purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product are not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration\" (NCGS § 143-129 (e)(6)). - Any maintenance, repair, parts, and upgrades to the AccuBrine system must be consistent in parts and design with the current Cargill brining system, thus meeting the standardization exception.  Pro(s): - Upgrades the current AccuBrine system, and allows for future procurement of maintenance, repair, parts, and upgrades to keep the entire brining system standardized with Cargill AccuBrine equipment. Con(s): - None  Fiscal Impact: - Funding for this purchase ($88,460) has been previously approved and is available for expenditure in the Streets Division of the Public Works Department budget for Fiscal Year 2020-21.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-04-27","mt":"regular","id":"II-G","ref":"RES 21-80","it":"resolution","t":"Resolution supporting the sole source procurement to purchase safety protective barriers","desc":"Background: - On May 12, 2020, the City Council adopted a resolution authorizing the City Manager to execute a purchase order of approximately $140,000 for work for Proterra to engineer, design, retrofit, and install safety protection barriers from AROW Global Corporation, the manufacturer of the safety protection barriers, in five (5) existing 35-foot electric buses. - A sole source procurement through Proterra Aftermarket Parts is necessary to ensure that the safety barriers are designed and installed correctly to fit the inside configuration of the existing Proterra electric buses that the City of Asheville owns. - AROW Global Corporation is Proterra’s approved provider of the safety protection barriers. - CARES Act funds will be used to purchase and install safety protection barriers in the buses. - The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(g)(iii) as equipment compatibility is an overriding concern.  Committee(s): - None Pro(s): - Provides protection for transit bus drivers - Uses CARES Act funding to purchase and install the safety protection barriers in the Proterra electric buses. - No local match is required. Con(s): - None Fiscal Impact: - The CARES Act provides 100% of the funding with no local match required. - The budget for this purchase was adopted at City Council’s May 12, 2020, meeting.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-04-27","mt":"regular","id":"II-H","ref":"RES 21-81","it":"resolution","t":"Resolution authorizing a sole source justification purchase of replacement LED street lights","desc":"Background: - The City and Duke Energy Progress, Inc. entered into an addendum to the existing service agreement between the two parties in June 2011 for the installation of customer-owned LED lighting fixtures and automatic photo controls on company poles. - Automatic photo controls cut the LED lighting fixtures on at dusk and off at dawn. - The City is required to purchase company-approved LED lighting fixtures from company-approved vendors. - LED technology has advanced tremendously over the last several years and as a result, only one company-approved vendor, Leotek Electronics, can supply the LED lighting fixtures that the City must purchase. - The sole source justification should be in effect until June 30, 2022.  Committee(s): - None Pro(s): - Enables the City to continue purchasing customer-owned LED lighting fixtures per the agreement. - Enables Duke Energy to replace customer-owned LED lighting fixtures per the agreement. Con(s): - None Fiscal Impact: - The anticipated total cost of the subject purchases throughout the stated lifetime is $100,000. - Funding is included in the Transportation Department’s annual operating budget each year for needed replacements.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-04-27","mt":"regular","id":"II-I","ref":"RES 21-82","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order to Harper","desc":"Background: - Ozone is an important disinfectant process in the treatment of drinking water at the Mills River Water Treatment Plant (WTP). - The basement of the ozone building at the Mills River WTP flooded due to several situations arising at the same time. - A manway to an empty ozone contactor chamber (basin) was left open due to needed repairs; heavy rains over a short time period caused high water levels in the sludge lagoons; and at the same time, staff needed to drain one of the sedimentation basins. - Water was unable to drain to the lagoons and backed up into the contactor and thus the basement of the ozone building. - Staff is now aware of this potential flooding situation. - Safeguards have been put in place. - Staff has improved signage and training to ensure the issue does not happen again. - The damage was significant and requires replacement of all associated equipment. - It also requires replacement of assets involved with the current Miscellaneous Phase 1 Ozone Rehabilitation project at the facility. - The flooding damaged existing equipment as well as newly installed equipment. - Harper Corporation holds the current open contract for the Phase 1 project. - Harper Corporation will continue with the current project and the replacement of equipment damaged by the flooding. - All necessary rehabilitation steps will be covered under this Change Order. Vendor Outreach Efforts: - Harper Corporation is currently under contract. - As this is a work change directive, no further outreach was performed.  Committee(s): - None Pro(s): - Ensures the Mills River WTP will be able to use all aspects of the original design (Ozone) to treat the source water of the Mills River. - Ensures the Mills River WTP will continue to appropriately produce drinking water for the public. - Ensures the operational staff safety by the replacement of all affected equipment. Con(s): - Without the use of ozone, the City could be out of compliance with the EPA Disinfection By-Products rule. - Ozone helps to reduce the total organic carbon that is the precursor to Disinfection By-Products (Total Trihalomethanes and Haloacetic acids - HAA 5). - Increased costs to produce high quality potable water due to loss of ozone treatment, resulting in other treatment processes having shorter life cycles. Fiscal Impact: - $1,475,624.78 with 10% contingency for a total of $1,623,187.26, to be funded within the existing Water Treatment Improvements Capital Improvement Program (CIP) budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-04-27","mt":"regular","id":"II-J","ref":"RES 21-83","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with French Broad Paving","desc":"Background: - Both of these streets (Carolina Lane and Langren Alley) have had numerous utility projects over the years and the pavement is in very poor condition. Both streets are located in the Central Business District. The project emcompasses the entirety of Carolina Lane (Woodfin Street to E. Walnut Street) and Langren Alley (E. Walnut Street to N. Market Street). - Resurfacing will also improve stormwater flow, especially on Langren Alley. - The combined pavement length is .18 miles. - The project was advertised on March 9, 2021, and bids were opened on March 31, 2021. - The following bids were received: French Broad Paving of Marshall, NC $183,857.50 JLS Company of Hendersonville, NC $269,961.44 Harrison Construction Company Asheville, NC $360,365.00 Bryant Land and Development Industries, Inc. of Burnsville, NC $535,041.70 - The contractor has been given the option of when to commence work on the project during the paving season from June 1 to December 15, 2021. - Once work commences, the contractor will have 60 days to complete all work. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Only one company from an identified disparity group was found in the ten-county area and staff directly contacted that company. - The company did not bid as a prime contractor, but is listed as a subcontractor with several of the prime bidders. - One MWBE submitted a bid with French Broad Paving. - The MWBE, New Dimensions of Fletcher, NC, will install the pavement markings for the project. - This subcontractor is a woman-owned business. - The rest of the work will be performed by the prime contractor. - The established goal for this project was for 4.6% of the total funds to be expended with MWBE companies. However, the contract only expends 1.9% with MWBE companies.  Committee(s): - None Pro(s): - Provides for repair of two streets that are in very poor condition. - These streets also serve as popular pedestrian corridors in the Central Business District. Con(s): - Construction will disrupt access on both streets. - Efforts will be made to minimize disruptions. - The contractor will work on one end of the street at a time to ensure that access remains open. Fiscal Impact: - Funding for this project is coming from the 2016 General Obligation (GO) Bond Transportation budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-04-27","mt":"regular","id":"II-K","ref":"RES 21-84","it":"resolution","t":"Resolution authorizing the City Manager to execute a memorandum of understanding","desc":"Background: - Fire Station 8 will be having its bay floors repaired and resurfaced in May 2021. - The repair requires displacement of the crew and fire apparatus during the work. - The Department of Veterans Affairs has agreed to provide temporary space to the City of Asheville and the Asheville Fire Department during the duration of the repairs at no cost. - The Asheville Fire Department will occupy the space for a duration of two weeks; and the agreement will be valid for 90 days following the execution of the Memorandum of Understanding. Vendor Outreach Efforts: - Agreement is with Department of Veterans Affairs  Committee(s): - None Pro(s): - The agreement promotes community partnerships and engagement. - The space is being provided at no cost to the City. - The Asheville Fire Department continues its long history of working with other government agencies to deliver public safety services. Con(s): - None Identified Fiscal Impact: - None","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-04-27","mt":"regular","id":"II-L","ref":"RES 21-85 / ORD 4369","it":"resolution","t":"Resolution to ratify a contract with Ramada Inn for emergency non-congregate homeless shelter and ARPA budget amendment","desc":"","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-04-27","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing for submission of the City's Annual Action Plan for 2021-22 to HUD - recessed until May 11, 2021","desc":"Community Development Program Director Paul D'Angelo said that this is a public hearing for submission of the City’s Annual Action Plan for 2021-22 to the U.S. Dept. of Housing & Urban Development and authorizing the City Manager to sign all contracts or agreements required for the implementation of the 2021-22 Annual Action Plan. This public hearing was advertised on April 16 and 23, 2021. Mayor Manheimer opened the public hearing at 5:37 p.m. Background: - The City has received the 21/22 HUD allocation notice and will have approximately $1,137,995 in CDBG funds and $1,370,760 in HOME funds available for the fiscal year that will begin July 1, 2021. - Community Development Staff, in coordination with the Housing & Community Development (HCD) Committee, have made recommendations for the use of CDBG funds, which must be used in housing & community development programs within the city limits of Asheville. - Below are the proposed use of funds: CDBG PROGRAM 2021-2022 PROGRAM Funding Recommendations Asheville-Buncombe Community Land Trust -Permanently Affordable Housing Services $39,184 Asheville Area Habitat for Humanity - Affordable Home Repairs for Low Income $128,000 Caring for Children, Inc. - Trinity Place Runaway and Homeless Youth Shelter $15,000 Carolina Small Business Development - Western Women’s Business Center (WWBC) $100,000 Eagle Market Streets Development - EMSDC Incubate to Innovate $25,000 Eliada Homes, Inc. - Eliada Homeless Services $22,272 Getting Back to the Basics- Project Lighten Up After School Virtual Learning $10,000 Haywood Street Congregation (HSC) -Haywood Street Respite (HSR) $15,000 Helpmate, Inc. - Emergency Shelter for Domestic Violence Survivors $17,500 Helpmate, Inc. - Housing Case Management for Domestic Violence $49,241 Homeward Bound of WNC - AHOPE Coordinated Entry $33,199 Homeward Bound of WNC - Acquisition - Permanent Supportive Housing $100,000 Homeward Bound of WNC - Housing Services - Permanent Supportive Housing $81,000 Mountain BizWorks - Opportunity Asheville: Expanding Access to Small Business $100,000 Mountain Housing Opportunities, Inc. - Emergency Home Repair $95,000 OnTrack Financial Education & Counseling - Housing & Financial Capabilities Program $15,000 Partners Unlimited, Inc. - Academic Enhancement Program $10,000 Pisgah Legal Services - Homeless Prevention Project $20,000 SPARC Foundation,Inc. - Changing Together Program $20,000 YWCA of Asheville and WNC - Empowerment Child Care Program $15,000 City of Asheville- CDBG Planning and Administration $227,559  RECOMMENDED FUNDING $1,137,955 HOME INVESTMENT PARTNERSHIP PROGRAM Proposed Use of Funds: 2021-2022 PROGRAM Funding Recommendations Commonwealth Development - Fairhaven Summit $100,000 Community Housing Coalition of Madison Co. - Rural Replacement Housing $165,000 Eliada Homes, Inc. - Eliada Homeless Services $20,208 Helpmate, Inc. - Rental Assistance for Domestic Violence $50,000 Homeward Bound of WNC, - HOME Asheville - Tenant Based Rental Assistance $80,000 Homeward Bound of WNC, - HOME Buncombe - Tenant Based Rental Assistance $100,000 Housing Authority of the City of Asheville, - Tenant Based Rental Assistance Mobility $75,000 SCG Development Partners, LLC. - Ovata at Ascension $100,000 WDT Development ,LLC. - White Pines Villas $100,000 Workforce Homestead, Inc. - Falling Waters $402,862 City of Asheville - HOME Planning and Administration $137,076 CHDO Reservation - CHDO Contingency $40,614 RECOMMENDED FUNDING $1,370,760 - The Asheville Regional Housing Consortium Board has recommended uses for HOME funds, which must be used for housing programs within the four-county Consortium area (Buncombe, Henderson, Madison, and Transylvania counties). - Funds are awarded based on HUD CDBG & HOME guidelines as well as the Priorities listed in the City’s 5 Year Consolidated Plan, FY20/21-24/25.  Committee(s): - Asheville Regional Housing Consortium Board - March 25, 2021 - Approval - Housing & Community Development Committee - March 26, 2021 - Approval Pro(s): - Approval of the Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. Con(s): - It is not always possible to fund all of the applications received, and many agencies funded will receive less than the amounts requested. Fiscal Impact: - The Action Plan is fully funded from federal CDBG & HOME entitlement grants, unused funds from previously completed projects, and estimated program income. - Staff costs to administer the program are also fully paid from federal sources. - The FY 2021-22 budgets for both the CDBG & HOME programs will be included in the annual budget ordinance that City Council will adopt in the coming months. Mayor Manheimer announced that there were no advanced live call-ins for this item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":12},{"d":"2021-04-27","mt":"regular","id":"V-A","ref":"RES 21-86","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Asheville-Buncombe United for Youth Network","desc":"Laura Elliott, Senior Director of Community Schools and Network Development of the United Way of Asheville and Buncombe County, explained that United for Youth Network is a multigenerational, cross-sector, cradle to career partnership built on the foundational principle that equity and educational excellence are inseparable. It’s vision is that all children and youth learn, grow and thrive in a vibrant, healthy and connected community. It’s mission is to actively identify and remove barriers to opportunity and co-create solutions that support student success The community goals is by 2035, all Asheville City and Buncombe County students graduate from high school ready and fully prepared to pursue their goals and dreams. The Network’s theory of action & change is (1) By committing to working more boldly as individual organizations and by aligning and leveraging community resources as a network, we will improve systems for equitable student learning and educational excellence; and (2) By committing to a results-based accountability framework, we will support one another and hold one another accountable through continuous learning and course corrections along our path towards our shared vision, mission and bold community goal. Why now? While overall high school graduation rates have risen over the years, disparities are worsening. Not all students are prepared with the skills and experience for postsecondary education and/or living wage jobs (college, career, community ready). COVID-19 pandemic has exposed long-standing inequities in education. There is strong momentum and a clear call for cross-sector collective impact approaches. The Network partners include: A-B Tech, Asheville City Schools, ACS Foundation, Buncombe County, Buncombe County Schools, Buncombe Partnership for Children, Big Brothers Big Sisters, Chamber of Commerce, Children First/Communities in Schools, My Daddy Taught Me That / My Sistah Taught Me That, Racial Justice Coalition, UNC Asheville, YMCA of WNC, YWCA of Asheville, and United Way ABC.  Special Assistant to the City Manager Peggy Rowe said that the City of Asheville’s commitment, the City agrees to continue to provide community learning centers or Positive Opportunities to Develop Success (PODS) at our recreation centers. The City will continue and potentially expand Asheville Parks & Recreation programs in a safe environment for everyone in our community to include: Summer Youth Programs, Teen Summer Camp Program, Summer Camp at Malvern Hills, Therapeutic Recreation Summer Camp and ○ WNC Nature Center Wild Weeks Camp. The City Will continue to reimagine the role of Resource Officers to include support of United for Youth Partnership; evaluate affordable housing needs to align with the United for Youth Program; continue to grow the City of Asheville Youth Leadership Academy, also known as CAYLA as well as other opportunities for workforce development; continue to enhance and expand affordable housing; continue to improve and expand transit access to those who rely on it most; and fully participate in data sharing and mutual accountability with partners. “City Staff Report: Background: - Addressing the opportunity gap specifically for black and brown children is a priority for the City of Asheville. - Addressing the “whole child” as a community and specifically as a City, is crucial to improving the education system which ultimately improves the quality of life for everyone in a community. - Addressing the whole child includes but it is not limited to, providing workforce development, affordable housing, better access to transportation, afterschool programs and support to families. - Asheville-Buncombe United for Youth Network is a multigenerational, cross-sector, cradle to career partnership built on the foundational principle that “Equity and Educational Excellence are Inseparable.” - Coordinated by United Way of Asheville and Buncombe County, this collaboration is working toward the following: - Vision: ALL children and youth learn, grow and thrive in a vibrant, healthy and connected community. - Mission: To actively identify and remove barriers to opportunity and co-create solutions that support student success. Bold Community Goal: By 2035, ALL Asheville City and Buncombe County students graduate from high school ready and fully prepared to pursue their goals and dreams. - By committing to a results-based accountability framework, partners will support one another and hold one another accountable through continuous learning and course corrections along our path towards our shared vision, mission and bold community goal. - By joining the partnership, including the shared vision, mission and bold community goal, The City of Asheville commits to act in good faith to uphold the agreements described in the partnership agreement. - The City will continue to prioritize and support the effort to address the achievement gap for black and brown children. - The City agrees to continue to provide community learning centers or Positive  Opportunities to Develop Success (PODS) at our recreation centers. - The City will continue and potentially expand Asheville Parks & Recreation programs in a safe environment for everyone in our community to include: Summer Youth Programs; Teen Summer Camp Program; Summer Camp at Malvern Hills; Therapeutic Recreation Summer Camp; and WNC Nature Center Wild Weeks Camp. - The City will continue to prioritize utilization of funding through the Strategic Partnership Fund to address the opportunity gap. - The City will continue to (1) Reimagine role of Resource Officers to include support of United for Youth Partnership; (2) Evaluate affordable housing needs to align with the United for Youth Program; (3) Continue to grow the City of Asheville Youth Leadership Academy, also known as CAYLA as well as other opportunities for workforce development; (4) Continue to improve and expand transit access to those who rely on it most; and (5) Fully participate in data sharing and mutual accountability.  Pro(s): - Partnership will help ALL children and youth learn, grow and thrive in a vibrant, healthy and connected community. - Partnership will actively identify and remove barriers to opportunity and co-create solutions that support student success. - Partnership will help ALL Asheville City and Buncombe County students graduate from high school ready and fully prepared to pursue their goals and dreams. Con(s): - None Fiscal Impact: - None at this time.” Ms. Elliott responded to Councilwoman Roney’s inquiry about the early warning and response system, which is a shared system based on confidentiality, practices, laws and agreements between our schools, youth service organizations and parents so that schools and community partners can see when a student is starting to fall off-track, have time to problem solve and put supports and interventions in place and track those interventions. All of the Asheville City Schools have this system in place; however, each school is in a different stage of implementation. Councilwoman Roney pointed out the long list of community partners who have not officially signed on yet to the agreement and was concerned about the capacity of data entry for some of the smaller or grassroots organizations. Ms. Elliott responded that they have hired a data and evaluation specialist and one of her responsibilities is specifically to support smaller grassroots organizations and nonprofits with that data tracking collection and hearing the needs that are specific to them. Councilwoman Wisler said that we have prioritized our strategic partners and we have prioritized tackling the achievement gap; so, she asked that the Housing & Community Development Committee look at all of our strategic partners that receive City funds and who are addressing the achievement gap to have them commit to be a part of this network.  In response to Vice-Mayor Smith, Ms. Elliott said that this partnership agreement is designed so that each organization can craft their own unique value path. There is a lot of responsibility on the larger organizations reaching out and being supportive of smaller organizations. Councilwoman Kilgore supported this program and felt it is a beginning of what we need to bring together a great program for our youth. Mayor Manheimer thanked Ms. Elliott for this hard work and appreciated United Way taking on the task of being the convenor. Councilwoman Roney said that as she has been having conversations in the community about what this could mean. One concern is about partner capacity and barriers. The second concern is the focus on data collection and what happens if a parent, guardian or student doesn’t opt in because of existing trust issues. She wondered how that will impact our outcome data. Her third concern is about our role as a partner. Hearing that we are just going to do what we do and more of it will not give us different outcomes. She is looking for not just not a transactional data relationship but a transformational relationship that will result in the positive outcomes that our students really need. Mayor Manheimer announced that there were no advanced live call-ins for this item. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2021-04-27","mt":"regular","id":"VI-A","ref":"ORD 4370","it":"ordinance","t":"Ordinance prohibiting discriminatory practices in private employment and public accommodations","desc":"City Attorney Branham said that this is consideration of adoption of an ordinance prohibiting discriminatory practices in private employment and public accommodations. Background: - Presently, the State of North Carolina does not prohibit businesses from discriminating against employees or customers on the basis of certain personal characteristics, like sexual orientation and gender identity. - From March 30, 2017, through December 1, 2020, the State of North Carolina expressly prohibited local governments from regulating private employment practices and/or public accommodations. - Because it appears unlikely that the State will adopt laws prohibiting discriminatory practices in private employment and public accommodations, it is necessary for local governments to adopt non-discrimination ordinances in order to prevent such expressions of bigotry and inequity. - City staff has worked closely with Buncombe County staff to develop substantially similar non-discrimination ordinances, to be adopted by each government, in order to ensure that discriminatory practices in employment and public accommodations will be consistently prohibited throughout the Asheville metropolitan area. - The ordinance proposed would prohibit discrimination in employment or in public accommodations based upon any of the following: race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief or non-belief, age, or disability.  Committee(s): Governance Pro(s): Prohibits discriminatory practices in private employment or public accommodations. Con(s): - May result in counteraction by the State Legislature. - This occurred previously with the bill commonly known as HB2 which temporarily prohibited cities from passing such ordinances. Fiscal Impact: - It is expected that the enforcement of the proposed Non-Discrimination Ordinance will be able to be fulfilled by the City’s Office of Equity and Inclusion, without an increase in that department’s budget. He said that the purpose of this ordinance is (1) To prevent discrimination within the City of Asheville in priviate employment and public accomondations; (2) To provide assistance for anyone experiencing discriminatory housing practices; (3) To align City regulations with that of Buncombe County; and (4) To advance the City’s goal of fostering equity and inclusion throughout the community. It’s background is (1) In 2017, NC General Assembly adopted HB 142 (Session law 2017-4); (2) This repealed the former law commonly referred to as as “HB 2.”; (3) This new law prohibited local governments from enacting ordinances regulating private employment practices and public accommodations; (4) This prohibition ended December 1st, 2020; and (5) Multiple NC cities and counties have adopted new anti-discriminaion ordinances. (Chapel Hill, Carrboro, Hillsborough, Durham, Greensboro, Orange, and now Buncombe County) He explained the proposed City ordinance (1) Prohibits discrimation based upon a person’s race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief or non-belief, age, or disability; (2) Provides a Process for enforcement through education and conciliation; and (3) Includes options for civil penalties and other legal remedies when voluntary resolutions cannot be reached. Ordinance elements (1) Prohibits discrimation in Private Employment; (2) Applies to any employer of one or more person (a) Includes hiring, tenure, conditions of employment, etc.; (3) Prohibits discrimination in Public Accomondations (a) Any place, facility, store, or other establishment which supplies accommodations, goods, or services to the public; and (4) Exemptions (a) Among others, religious educational institutions or corporations.  Process and Penalties (1) Complaints of discrimination filed with City Office of Equity and Inclusion; (2) Persons or entities receiving complaints may provide a written answer; (3) The Office of Equity and Inclusion will commence an investigation; and (4) Some “Discovery” is authorized; (5) Investigations will use a “Reasonable Cause” standard of review; (6) Complaints will be addressed through education, mediation, and conciliation; and (7) If these efforts are unsuccessful, additional penalties may be utilized (a) $100 civil penalties and potential injunctive relief; and (b) No criminal penalties. Due Process (1) Following investigation, the Office of Equity and Inclusion will issue a final report to the parties; (2) Appeals from these decisions can be made to a panel consisting of the City Manager, the City Human Relations Director, and the City Attorney; (3) Appeals must be filed in writing to the City Clerk within 10 days of the final decision; and (4) Further appeals can also be made to the State Superior Court. Timing (1) In coordination with Buncombe County, the City’s ordinance would take effect on July 1, 2021; (2) This will allow local businesses and government agencies to prepare for implementation of the new rules; and (3) Provide a period for education and training. When Councilwoman Roney asked if we would look at the fines in the future because now the fines are less than some traffic violations, City Attorney Branham responded that Council can review in the future if higher levels of civil penalties would be appropriate. He hoped that we can deal with this issue through an educational process and not punitively fine individuals. Councilwoman Mosley said that her father, the Rev. Dr. Charles Mosley, in addition to being a pastor, he was also a civil rights activist. Prior to his recent passing she had the opportunity to speak with him regarding this issue. He counseled her that civil rights should always be expanded and never sought to be reduced. It was his opinion that this ordinance was worth moving forward with. So, when she casts her vote in favor of this ordinance, she will do so with him in mind and out of a desire to make him proud. From advanced live call-ins, 9 individuals spoke in support of the ordinance prohibiting discriminatory practices in private employment and public accommodations. One advanced live call-in asked City Council to vote against the ordinance prohibiting discriminatory practices in private employment and public accommodations. Councilwoman Roney thanked those who called in and shared their stories, those who voiced the fines were not enough, those who called for support needed in the Office of Equity & Inclusion to have the capacity to enforce the ordinance, those who remind us that our religious freedoms are protected by the First Amendment, but the protection against discrimination in employment and in public accommodations is not, and her students. This is a starting point and we have far to go. With the passage in Virginia of their House Bill 6 it was news to her to learn about source of income as needing protecting against discrimination to safegaurd the use of housing vouchers. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Housing","mo":"individual","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UtZ_8n9bFClYcACvzkiZk-T3bg9xfNQ1/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2021-05-11","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on April 27, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-05-11","mt":"regular","id":"II-B","ref":"RES 21-87","it":"resolution","t":"Resolution authorizing the City Manager (consent item B)","desc":"Background: - Memorial Stadium Park is a multi-use facility in the heart of downtown Asheville that is used extensively for both recreational and professional activities. - The playing surface is artificial turf that has exceeded its useful life and is in dire need of replacement. - This is a maintenance project that will be replacing the existing sub base, playing surface, field drainage system and replacing/relocating the stormwater system. - This work is being done to ensure safe use of the field. - Additionally, sidewalks and a ramp will be installed to create accessibility to the concrete seating area on the east side of the stadium. - This project will start in summer 2021 and be completed in six to eight months. - Bids were advertised initially on March 10, 2021. - Three bids were received on the due date of April 1, 2021, but were not opened due to one envelope not being clearly marked regarding the contents. - This was determined to be an ineligible submission and since this project required three bids, the bids were not opened at that time. - The project was readvertised on April 7, 2012 and bids were received and opened on April 22, 2012. - Three bids were received as follows: - AstroTurf Corporation, Dalton, GA, $908,700 - Sports Fields, Inc., Canton, GA $1,283,580 - Baseline Sports Construction, LLC, Knoxville, TN $1,127,000 - AstroTurf was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - There was a 4.6% goal set for this project - AstroTurf Corp is the prime contractor that reached out to MWBE companies during bidding and has indicated Stiles Trucking (WBE) as a subcontractor. This represents 2.6% of the total dollar amount of the contract to be contracted with minority and women owned businesses.  Committee(s): - The Recreation Board is currently not meeting. Pro(s): - Safer sports field. - Field drainage improved. - Stormwater lines relocated from under the field. - Old stormwater lines replaced. Con(s): - Construction will temporarily close the field to activities. Fiscal Impact: - Funding for this contract is included in the adopted Parks and Recreation section of the 2016 General Obligation (GO) Bond program.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-05-11","mt":"regular","id":"II-C","ref":"ORD 4371","it":"ordinance","t":"Budget amendment from the Burton Street Neighborhood Community Leadership Association donation","desc":"Background: - In 2017, the City began working with the Burton Street Community Association Leadership Association to implement their neighborhood plan as a mitigation strategy for the I-26 Connector project. - The Burton Street Neighborhood Plan identified implementation of design guidelines and policies that aim to preserve or enhance neighborhood character in order to minimize the impacts of renewed development interest in the neighborhood. - As a first step in preserving neighborhood character, the City will work with BSCLA to hire a consultant to complete an architectural survey of the neighborhood that will ultimately inform a pattern book for the neighborhood. - Though voluntary in terms of compliance, a pattern book is a helpful resource for prospective developers, real estate professionals and community members when building new infill development that is compatible with the neighborhood. - BSCLA was awarded a Technical Assistance Grant in the amount of $4,000, which is being donated to the City to fund the project. - Donated funds will be matched by the Planning & Urban Design Department in the amount of $2,000, for a total project budget of $6,000. - Planning & Urban Design staff does not anticipate the project budget exceeding the allocated amount of $6,000; however, if additional funding is needed, it will be allocated from the Planning & Urban Design Department's budget. Comprehensive Plan Consistency: - This project aligns with the Living Asheville Comprehensive Plan's stated goal of elevating the arts and cultural sectors to strengthen and preserve heritage and history with particular attention to the preservation of areas with historic value to communities of color.  Pro(s): - Funding will be available to research and document historic resources in the Burton Street Neighborhood. - The City is partnering with BSCLA to assist in achieving the goals and strategies outlined in the Burton Street Neighborhood Plan. Con(s): - None Fiscal Impact: - This donation requires a match of $2,000 to be allocated from the training line item in the Planning & Urban Design Department budget.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-05-11","mt":"regular","id":"II-D","ref":"RES 21-88","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Tarheel Paving","desc":"Background: - The main scope of the project is the resurfacing of 16 streets for a total of 4.45 miles. - Also included will be repairs to the concrete sidewalk and ADA on four streets - Cedar Street, Kentucky Drive, Ottari Road and St. Davids Court. - The contract was advertised on March 5, 2021 and bids were opened on April 1, 2021. - The following bids were received: Tarheel Paving and Asphalt, Inc. of Hendersonville, NC $1,534,663.86 French Broad Paving, Inc. of Marshall, NC $1,660,316.40 JLS Company, LLC of Hendersonville, NC $1,991,269.60 Harrison Construction of Asheville, NC $2,204,005.10 Bryant’s Land and Developments Industries, Inc of Burnsville, NC $2,575,441.10 - The contract is expected to be available on June 1, 2021 and the contractor has until December 15, 2021 to complete the work. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Only one company from an identified disparity group was found in the ten-county area and staff directly contacted that company. - The company did not bid as a prime, but is listed as a subcontractor with several of the prime bidders. - Two MWBEs, both Black-owned, will be operating as subcontractors on the project. - Tarheel Paving anticipates expending 3.71 percent ($56,915.00) of the total dollar amount of the contract with these companies.  Committee(s): - None Pro(s): - Provides for the repair and resurfacing of many poorly rated city-maintained roads. - Will make the sidewalks more ADA-compliant. Con(s): - Construction will be disruptive to the neighborhoods and to traffic. - Efforts will be made to notify the public and minimize disruptions. Fiscal Impact: - Funding is provided in the Fiscal Year 2021 Streets Program. This funding is part of our annual resurfacing program and is not bond-funded. The total cost of this contract, including contingency, is $1,764,863.44.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-05-11","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to Articles II and XVI of the UDO - continued to May 25, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"continuance","sq":4},{"d":"2021-05-11","mt":"regular","id":"V-A","ref":"RES 21-89","it":"resolution","t":"Resolution authorizing submission of the City's 2021-2022 Annual Action Plan","desc":"Mayor Manheimer said that this public hearing was held on April 27, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":5},{"d":"2021-05-11","mt":"regular","id":"V-B","ref":"ORD 4372","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2021-22 Fees & Charges Manual","desc":"Finance Director Tony McDowell, along with Budget Manager Taylor Floyd, said that this is the consideration of an ordinance establishing the fees and charges for Fiscal Year (FY) 2021-22. Background: - Fees and charges comprise 35% of City-wide revenue and 10% of General Fund revenue. - In an effort to limit the financial impact of the COVID-19 pandemic some fees were waived, late charges were deferred, and no increases were proposed in FY21. - An attachment was provided of detailed information for proposed fee adjustments submitted during this year’s annual budget process, including impacts on revenues, customers and service provision. - Recommendations for changes to Water Resources rates and to formally include existing fee discounts offered to nonprofits for special events are included in separate staff reports. - Adjustments to fees charged for stormwater and sanitation services are not recommended for adoption at this time. - Instead, staff recommends a midyear review of stormwater and sanitation services during the next fiscal year (FY22) that includes more detailed information about service needs and financial context. - Changes recommended for adoption include adjustments to fees and charges for - transit advertising, - design and subdivision review in special review areas, - sidewalk fee-in-lieu payments, - WNC Nature Center admissions, - fire safety inspections, and - monthly on-street, garage, and off-street lot parking. - All recommended fee adjustments would become effective July 1, 2021, with the exception of changes to parking garage hourly rates. - Parking garage rate changes would become effective with the completion of the replacement of garage gating equipment which is anticipated to be June 1, 2021. Committee(s): - Finance & Human Resources Committee - April 21, 2021 - unanimously recommended to move forward to full Council with the exception of a proposed $1.00 charge for the first hour of parking in garages. The new proposal recommends continuing the first hour of garage parking free of charge. This change will result in a $170,000 decrease in anticipated additional revenue. Pros: - Provides an opportunity to recover the cost of services from those that directly utilize or benefit from the service where appropriate, reducing the financial burden of City services on taxpayers. - Provides additional revenue to help balance the FY 2021-22 budget. - Allows staff to begin communicating fee changes to the public, customers, and stakeholders so they are aware of changes that will be implemented. Con: - A minimal increase in the cost to utilize certain city services. Fiscal Impact: - Additional for each proposal are shown in an Attachment A provided to City Council.  Suggested Motion: - Motion to approve an ordinance amending the fees and charges manual for Fiscal Year 2021-22. Budget Manager Floyd pointed out an error in the fee structure for parking garage, lot and meter fees. He said staff will review (not remove) existing discounted monthly garage parking rates for Vanderbilt and Battery Park residents at the Harrah’s Center garage and monthly lots. In response to to Councilwoman Roney, Assistant Transportation Director Jessica Morriss said that we have not only raised the fee-in-lieu-of for sidewalks to a per square footage charge to cover the actual cost of the sidewalk installation, but have added some additional criteria to make it more difficult for a developer to opt out of building sidewalks or building Americans with Disabilities Act curb cut ramps. When Councilwoman Turner asked if we could raise the fees in the major works category since larger hotels require more staff time to review, City Attorney Branham said that this will require more research to make sure that we are fully prepared and authorized to make such an additional level of delineation. Generally speaking we are allowed to charge these types of fees and he believes the level of the fee has to be based on the project impacts on the surrounding area, as well as being reasonably proportional. If we have a certain project that will have a greater degree of impact, including on the existing infrastructure, etc., then the possibility to charge a larger fee is possible. He said we would need to review that on multiple levels. In response to Vice-Mayor Smith, Transportation Director Ken Putnam said that we are only eliminating coins at the parking garages and that currency will still be accepted by the machines. Mayor Manheimer announced that there were no advanced live call-ins for this item. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":6},{"d":"2021-05-11","mt":"regular","id":"V-C","ref":"ORD 4374","it":"ordinance","t":"Ordinance establishing Fiscal Year 2021-22 Water Resources Fees & Charges","desc":"Finance Director Tony McDowell, along with Water Resources Director David Melton, said that this is the consideration of an ordinance establishing the Fiscal Year 2021-22 Water Resources fees and charges. Background: - Fees and charges fully fund the Water Resources Department functions. - The Department does not receive any funding from the General Fund. - In 2018 the North Carolina Supreme Court issued an opinion in the case of Quality Built Homes Inc. v. Town of Carthage. - In this opinion the Court determined that cities were not permitted to charge water and sewer “impact fees.” - Thereafter, law firms began filing lawsuits against cities throughout the State who had charged these fees in recent years. - Asheville was also named in two class action lawsuits based upon its Capital Improvement Program (CIP) Fee for water service. - These lawsuits were settled without any admission of liability by the City. - The settlement, however, included an agreement to discontinue the CIP fee at the beginning of FY 2020-21. - The financial impact of this agreement was approximately $2,100,000 for settlements, and approximately $7,500,000 in annual revenue from the CIP fee. - Water Resources has averaged reinvesting approximately $11,000,000 annually over the past three years in capital improvement projects. - Loss of the CIP fee revenue has a direct impact on the Department's ability to continue reinvesting in the sustainability of the water system. - Loss of the CIP fee also impacts the revenue coverage ratio that debt rating agencies, such as Standard & Poor’s and Moody’s, use to evaluate the credit worthiness of the water system. - The loss of annual revenue and the impact on the ability to reinvest in the water system necessitated a rebuild of the current Water Resources rate model. - Raftelis Financial Consultants, Inc. was secured to perform the rebuild of the rate model, which was completed earlier this year. - An attachment was provided of the overview of the rate model realignment proposal for the various customer classes. - The proposed rates for FY 2021-22 are slightly higher than current charges, but are less than customers were charged in FY 2019-20 prior to the lawsuit settlements. - Staff will work with the consultants from Raftelis to refine rate realignment recommendations for Council consideration in future years, which will allow the system to meet its financial requirements while continuing to evaluate the differential between the residential and commercial customer classes. Committee(s): - Finance & Human Resources Committee - April 21, 2021 - unanimously recommended to move forward to full Council. Pro(s): - Provides an opportunity to recover the cost of services from those who directly utilize or benefit from the service. - Provides the revenue to continue much needed reinvestment into the water system to maintain sustainability. - Provides required debt coverage ratios and credit ratings. - Allows staff to begin communicating fee changes to customers and stakeholders so they are aware of changes prior to the effective date. Con(s): - A small increase to current annual costs to customers. - Additional customer rate increases will likely be required in future years. Fiscal Impact: - The bi-monthly impact on the average residential household is shown below. As noted above, detail for all customer classes is included as an attachment to this staff report. 2020 including CIP charge 2021 without CIP charge 2022 proposed fees & charges $65.38 $56.86 $63.29 3.2% Decrease from 2020 to 2022 Mayor Manheimer announced that there were no advanced live call-ins for this item. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Environment & Sustainability","mo":"individual","mv":"Mosley","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":1,"mr":"contested vote","sq":7},{"d":"2021-05-11","mt":"regular","id":"V-D","ref":"ORD 4374","it":"ordinance","t":"Ordinance amending the FY2021-22 Fees & Charges Manual to include a special event fee discount","desc":"Finance Director Tony McDowell, along with Water Resources Director David Melton, said that this is the consideration of an ordinance establishing the Fiscal Year 2021-22 Water Resources fees and charges. Background: - Fees and charges fully fund the Water Resources Department functions. - The Department does not receive any funding from the General Fund. - In 2018 the North Carolina Supreme Court issued an opinion in the case of Quality Built Homes Inc. v. Town of Carthage. - In this opinion the Court determined that cities were not permitted to charge water and sewer “impact fees.” - Thereafter, law firms began filing lawsuits against cities throughout the State who had charged these fees in recent years. - Asheville was also named in two class action lawsuits based upon its Capital Improvement Program (CIP) Fee for water service. - These lawsuits were settled without any admission of liability by the City. - The settlement, however, included an agreement to discontinue the CIP fee at the beginning of FY 2020-21. - The financial impact of this agreement was approximately $2,100,000 for settlements, and approximately $7,500,000 in annual revenue from the CIP fee. - Water Resources has averaged reinvesting approximately $11,000,000 annually over the past three years in capital improvement projects. - Loss of the CIP fee revenue has a direct impact on the Department's ability to continue reinvesting in the sustainability of the water system. - Loss of the CIP fee also impacts the revenue coverage ratio that debt rating agencies, such as Standard & Poor’s and Moody’s, use to evaluate the credit worthiness of the water system. - The loss of annual revenue and the impact on the ability to reinvest in the water system necessitated a rebuild of the current Water Resources rate model. - Raftelis Financial Consultants, Inc. was secured to perform the rebuild of the rate model, which was completed earlier this year. - An attachment was provided of the overview of the rate model realignment proposal for the various customer classes. - The proposed rates for FY 2021-22 are slightly higher than current charges, but are less than customers were charged in FY 2019-20 prior to the lawsuit settlements. - Staff will work with the consultants from Raftelis to refine rate realignment recommendations for Council consideration in future years, which will allow the system to meet its financial requirements while continuing to evaluate the differential between the residential and commercial customer classes. Committee(s): - Finance & Human Resources Committee - April 21, 2021 - unanimously recommended to move forward to full Council. Pro(s): - Provides an opportunity to recover the cost of services from those who directly utilize or benefit from the service. - Provides the revenue to continue much needed reinvestment into the water system to maintain sustainability. - Provides required debt coverage ratios and credit ratings. - Allows staff to begin communicating fee changes to customers and stakeholders so they are aware of changes prior to the effective date. Con(s): - A small increase to current annual costs to customers. - Additional customer rate increases will likely be required in future years. Fiscal Impact: - The bi-monthly impact on the average residential household is shown below. As noted above, detail for all customer classes is included as an attachment to this staff report. 2020 including CIP charge 2021 without CIP charge 2022 proposed fees & charges $65.38 $56.86 $63.29 3.2% Decrease from 2020 to 2022 Mayor Manheimer announced that there were no advanced live call-ins for this item. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Environment & Sustainability","mo":"individual","mv":"Roney","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2021-05-11","mt":"regular","id":"VI-1","ref":"RES 21-90","it":"appointment","t":"Resolution appointing members to the Affordable Housing Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Affordable Housing Advisory Committee. On March 23, 2021, by Resolution No. 21-58, City Council revised the membership of the Affordable Housing Advisory Committee to include a Housing Authority staff member and a person with general housing experience. In addition, Parker Smith (general housing experience)has resigned, thus leaving an unexpired term until September 1, 2023. The following individuals applied for the vacancies: Rodrigo Afanador, Damita Jo Wilder, Eric Howell, Michael Waddle, Joshua Katz, ZaKiya Bell-Rogers, Henry Sannyasa, Cyd Jaggers, Chris Woodward, Jessica Montanez, Shannon M. Watkins, Chris Day, Jessie Figueroa, Kyle Gilliland, Brandy Woodward, Jeffrey Vanderlip and Katleen Hasegawa. The Boards & Commissions Committee recommended appointing Brandy Woodward (HACA staff member), Chris Day (general housing experience) and ZaKiya Bell-Rogers (general housing experience).","c":"Housing","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2021-05-11","mt":"regular","id":"VI-2","ref":"RES 21-91","it":"appointment","t":"Resolution appointing members (Carol Goins, Carter Webb) to the Civil Service Board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civil Service Board. The terms of Carol Goins and Carter Webb as members of the Civil Service Board expire on May 11, 2021. No one applied for the vacancies. The Boards & Commissions Committee recommended reappointing Carol Goins and Carter Webb.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"no material signals","sq":10},{"d":"2021-05-11","mt":"regular","id":"VI-3a","ref":"RES 21-92","it":"appointment","t":"Resolution appointing Downtown Commission members (Raines, Johnson, Moffitt, Hunter) to the Design Review Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that on February 23, 2021, City Council adopted an ordinance regulating hotel development standards and part of that ordinance was the formation of a new Design Review Committee to review applicable hotel applications in the Central Business District or the River District. Four members shall be current members of the Downtown Commission, four members shall be current members of the Asheville Area Riverfront Development Commission, and one member will be appointed by the other eight. The following individuals applied for the vacancies by the representations of the Downtown Commission or the Riverfront Redevelopment Commission. From the Downtown Commission: Guillermo Rodriguez, Steven Lee Johnson, Kimberly Hunter, Robin Raines and Bryan Moffitt. From the Riverfront Redevelopment Commission: Jane Mathews, Ben Williamson and Jeremy Goldstein. On April 27, 2021, the Boards & Commissions Committee recommended appointing Robin Raines, Steven Lee Johnson, Kimberly Hunter and Guillermo Rodriguez from the Downtown Commission; and Jane Mathews, Ben Williamson and Jeremy Goldstein from the Riverfront Redevelopment Commission, with the last seat to be filled by a member of the Riverfront Redevelopment Commission at a later date. Councilwoman Turner said that Guillermo Rodriguez currently serves on the Planning & Zoning Commission and the Downtown Commission and since those are two large boards, she spoke with Mr. Rodriguez who said that he would reapply for the Design Review Committee next year.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Kilgore","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":1,"mr":"contested vote","sq":11},{"d":"2021-05-11","mt":"regular","id":"VI-3b","ref":"RES 21-92","it":"appointment","t":"Resolution appointing Riverfront Redevelopment Commission members (Mathews, Williamson, Goldstein) to the Design Review Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that on February 23, 2021, City Council adopted an ordinance regulating hotel development standards and part of that ordinance was the formation of a new Design Review Committee to review applicable hotel applications in the Central Business District or the River District. Four members shall be current members of the Downtown Commission, four members shall be current members of the Asheville Area Riverfront Development Commission, and one member will be appointed by the other eight. The following individuals applied for the vacancies by the representations of the Downtown Commission or the Riverfront Redevelopment Commission. From the Downtown Commission: Guillermo Rodriguez, Steven Lee Johnson, Kimberly Hunter, Robin Raines and Bryan Moffitt. From the Riverfront Redevelopment Commission: Jane Mathews, Ben Williamson and Jeremy Goldstein. On April 27, 2021, the Boards & Commissions Committee recommended appointing Robin Raines, Steven Lee Johnson, Kimberly Hunter and Guillermo Rodriguez from the Downtown Commission; and Jane Mathews, Ben Williamson and Jeremy Goldstein from the Riverfront Redevelopment Commission, with the last seat to be filled by a member of the Riverfront Redevelopment Commission at a later date. Councilwoman Turner said that Guillermo Rodriguez currently serves on the Planning & Zoning Commission and the Downtown Commission and since those are two large boards, she spoke with Mr. Rodriguez who said that he would reapply for the Design Review Committee next year.","c":"Zoning & Land Use","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2021-05-11","mt":"regular","id":"VI-4","ref":"RES 21-93","it":"appointment","t":"Resolution appointing members (Rodriguez, Coit, Worthy successor) to the Human Relations Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. The terms of Tanya Rodriguez, Anne Greene, Veronica Coit, DeLores Venable and Raynette Waters expire on June 1, 2021. The following individuals applied for the vacancies: Bernie Lee Miller, Alexandra DISclarfani, Brittni Worley, Ricky McGrath, Emma Nichole Worthy, Tim Collins and Amanda Benson-Bremseth. The Boards & Commissions Committee recommended reappointing Tanya Rodriguez, Veronica Coit and DeLores Venable; appointing Emma Worthy; and continuing to advertise for the other vacant seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"no material signals","sq":13},{"d":"2021-05-11","mt":"regular","id":"VII-closed-in","ref":"","it":"motion","t":"Motion to go into closed session (privileged/confidential info and real property acquisition negotiation)","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Turner","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":14},{"d":"2021-05-11","mt":"regular","id":"VII-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1valMzUY-BuBC-b-DsX09Slr7GlCFUbuE/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":15},{"d":"2021-05-25","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on May 11, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-05-25","mt":"regular","id":"II-B","ref":"RES 21-94","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Curbside Management Inc. for the recycling collection program","desc":"Background: - The City contracts with Curbside Management to provide recycling collection and processing services for City residents and City facilities. - The current contract is set to expire June 30, 2021. - Staff is recommending that the current contract be amended to extend the contract for an additional five years, to make minor modifications to the general contract language, and to adjust the base pricing. - Starting in 2017, China, followed by other countries, stopped importing recyclable waste. With little recycling infrastructure present in the United States, processors had few to no options for recycling collected materials. - Global recycling markets are still unstable, infrastructure development in the United States is slow, and the timing of overall market recovery is still unknown. - For the past two years, Finance, Public Works, and Office of Sustainability staff have been closely monitoring the global recycling crisis and its impact on municipalities. - Due to the crisis, resulting price spikes, and uncertainty around recovery, staff have observed municipalities cutting recycling programs and haulers/bidders proposing very high fees or declining to bid on recycling contracts. - The Recycling Partnership’s 2020 State of Curbside Recycling Report finds that, for communities who charge residents the full cost of recycling service, the average fee is $4.39-$4.56 per month. - Subscription service examples ranged from $5.30-$8.25 per month per household. - For communities who subsidize the cost of recycling for residents, the average fee to residents is $6.05 per month. - The COVID-19 pandemic has created additional unknowns about budgets and economic conditions, as well as placed additional burdens on staff capacity. - Maintaining our current level of service at a known price allows for more accurate budget planning and continuity of service during this time. - The current contractor, Curbside Management, will continue to provide the same recycling services at an affordable rate. - Curbside Management’s thoughtful planning and foresight has enabled them to continue to offer recycling to the community during a time when other municipalities have made deep cuts or completely shut down their recycling programs. - As both hauler and processor of recyclables, Curbside Management has a vested interest in helping the City improve recycling rates and reduce contamination. - However, Curbside Management will increase the cost of providing this service. - Factors contributing to the rate increase include, but are not limited to: - low commodity value; - increased insurance costs for recycling processors due to fire risk; - increased labor costs; - investment in equipment to stay viable in restricted national markets; - bonding costs; and - a lack of sustainable rate increases over the course of the 10 year contract due to low CPI rates. Vendor Outreach Efforts: - Curbside Management is a local business that provides a unique and specialized service to the City for both curbside collection and recyclable processing.  Committee(s): - None Pro(s): - Ensures continuity of recycling collection services to City residents during uncertain times. - Allows time for clear budget planning during a time of unstable market and economic conditions. Con(s): None Fiscal Impact: - The cost to the City for residential recycling increases from $3.15/month to $3.80/month. The solid waste fee to residents of $14/month for trash, recycling, and yard waste is not increasing at this time. - Estimated total impact of $1.6 million annually, which is an annual increase of approximately $296,000 from the FY21 contract.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-05-25","mt":"regular","id":"II-C","ref":"RES 21-95","it":"resolution","t":"Resolution authorizing the City Manager (Consent item C)","desc":"Background: - The existing and traditional Network Video Recorder (NVR) equipment have reached the end of their useful lives and will be replaced with a cloud-based camera system. - This project will replace fifty-five cameras with new cameras. - This project will also add eight new cameras, one internal and the remaining seven to the exterior of the building, to expand coverage beyond the existing system. - The bids for the three vendors were: - Brooks Network Services - Gibsonville, NC: $99,975.27; - Brady Integrated Security - Greensboro, NC: $155,984.00; - Appalachian Network Services - Fletcher, NC: $103,774.90 - The lowest responsive responsible bidder was Brooks Network Services, LLC. Vendor Outreach Efforts: - A Request for Proposals (298-ITMUNICAM21-2) was posted on March 26, 2021. - Once posted, the Asheville Business Inclusion Office notified vendors of this opportunity in their email newsletter. - Staff also reviewed the State’s IPS (Interactive Purchasing System) site for HUB (Historically Underutilized Businesses) vendors in our ten-county region and in North Carolina. - Three bids were received, but no bids from MWBE businesses.  Committee(s): - None Pro(s): - Replaces end-of-life security cameras and adds additional security for unserved areas. - Provides tools for remote management and off-site storage of recordings for added resiliency and reduced ongoing recording infrastructure costs. Con(s): - None noted. Fiscal Impact: - The awarded quote was for $99,975.27 which includes equipment, installation, and five-year term licenses for the cameras. - Funding for this project is already included in the adopted General Capital Projects Fund and General Fund budgets.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-05-25","mt":"regular","id":"II-D","ref":"ORD 4375","it":"ordinance","t":"Budget amendment from Rotary Clubs","desc":"Action: Adopt a budget amendment to accept a $16,000 donation from the Rotary Club of Asheville- Biltmore, the Rotary Club of Arden, and the Montford Neighborhood Association for bus stop improvements, and allocate the funds to the Transit Capital Fund. Background: - The Transportation Department has been working with community organizations in the City to provide donations to install the city standard bus shelters along Asheville Rides Transit bus routes. - The Rotary Club of Asheville-Biltmore and Rotary Club of Arden will provide $14,000 to purchase and install two bus shelters at bus stops on Hendersonville Road including the bus stop on Hendersonville Road at Gerber Road and on Hendersonville Road at Turtle Creek, serving the S3 and S6 bus lines. - The Montford Neighborhood Association will provide $2,000 to replace an existing bus shelter and add a trash can located on Montford Avenue at Bulldog Drive, serving the N4 bus line. - The City will provide the bus shelter. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Provides funding for improved comfort for transit users at the three bus stop locations. Con(s): - None Fiscal Impact: - Funds from the Rotary Clubs and Montford Neighborhood Association will be used as matching funds for the $1 million federal grant for bus stop improvements.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-05-25","mt":"regular","id":"II-E","ref":"RES 21-96 / ORD 4376","it":"resolution","t":"Resolution authorizing the City Manager and budget amendment from the American Rescue Plan","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-05-25","mt":"regular","id":"II-F","ref":"RES 21-97","it":"resolution","t":"Resolution authorizing the City Manager (Consent item F)","desc":"Background: - The City has plans to construct a new fire station (#13) at 316 Broadway Street. - The project includes fire preemption phasing at an existing signalized intersection. - The City has prepared the appropriate design to add fire preemption phasing and will be furnishing and installing the appropriate equipment. - The NCDOT will review the designs and inspect the work during the construction phase.  Committee(s): - None Pro(s): - The fire preemption phasing will enable fire trucks to leave the station in a safe and efficient manner during emergencies. - The NCDOT will own and control the traffic signal (and associated equipment) and maintenance will be accomplished according to their current policies and procedures. Con(s): - None Fiscal Impact: - The fiscal impact is estimated to be $7,500 and the City must submit payment upon partial execution of the agreement by the City. - The funds are included in the project budget for Fire Station #13.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-05-25","mt":"regular","id":"II-G","ref":"RES 21-98","it":"resolution","t":"Resolution authorizing the Mayor to execute (Consent item G)","desc":"Background: - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission. - Staff recommends retaining the services of PBMares, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2021. - The estimated cost for fiscal year 2020-2021 audit includes a base fee of $100,640, which covers 900 hours of audit work; and a $125 per audit hourly fee for each hour over 900 hours up to a maximum total of 25% of the base fee ($25,160), for a maximum total fee of $125,800. - The previous years’ fees, which only included base fees, were as follows: - 2019-2020: $98,200 - 2018-2019: $95,760 - 2017-2018: $93,340 - Execution of this contract complies with the Audit Policy portion of City Council’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the fourth consecutive year of contracting with the same auditors. - In the previous three years, the City contracted with RSM US LLP to perform the City’s audit. - This past year, RSM US LLP sold their North Carolina government practice to PBMares, LLP, and our multi-year agreement transferred to PBMares, LLP as part of that sale. Vendor Outreach Efforts: - No competitive bid process was conducted this year. Council Goal: - Financially Resilient City Committee: - No prior Committee approval. - Final audit results are presented annually to the Audit Committee. Pro: - Contracting with PBMares, LLP aligns with City Council’s financial policy and will help ensure the timely and successful completion of the annual audit. Con: - None Fiscal Impact: - The maximum total fee amount of $125,800 for the annual audit is budgeted in the Internal Audit operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-05-25","mt":"regular","id":"II-H","ref":"RES 21-99","it":"resolution","t":"Resolution approving the rescission of (Consent item H)","desc":"Background: - City Council approved Juna Group Inc.’s Housing Trust Fund award for $1,100,000 on September 22, 2020, Resolution #20-169. - The award was to develop eleven, for-sale, affordable homes at Alice Clement Lane. - Since September, staff has worked closely with the developer to close on the loan. - Conditions of the Housing Trust Fund policy were becoming difficult to meet and the loan was never closed on. - The developer has since requested to return the Housing Trust Fund award citing the increased price for materials and labors which has made it no longer possible to build and sell to individuals and families at or below 100% Area Median Income (AMI) per the Housing Trust Fund guidelines and remain profitable.  Committee(s): - Housing and Community Development Committee (HCD) April 20, 2021 - Approval. Pro(s): - While this development is no longer feasible, funds will be returned to the Housing Trust Fund balance for future use. Con(s): - Increasing construction costs are making it difficult for all developers to add affordable housing units. Fiscal Impact: - The proposal and resolution will unallocate $1,100,000 awarded to the Juna Group and reallocate these funds back to the City’s Housing Trust Fund balance for future use and loans.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-05-25","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance to update open space requirements (continued to September 14, 2021)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"continuance","sq":8},{"d":"2021-05-25","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to rezone property located at 99999 Glendale Avenue from RM-16 to CI and amend the Future Land Use Map","desc":"Principal Planner Shannon Tuch said that this is the consideration of rezoning property located at 99999 Glendale Avenue from RM-16 Residential Multi-Family High Density District to CI Commercial Industrial District and amend the Future Land Use Map from Traditional Neighborhood to Urban Corridor. This public hearing was advertised on May 14 and 21, 2021. Project Location and Contacts: - The rezoning petition consists of a single parcel approximately 1.59 acres located at 99999 Glendale Ave. (PIN 9658-21-4847) and are owned by Glendale Avenue Qualified Opportunity Zone Business LLC. - Petitioner: Todd Fowler Summary of Petition: - The subject property is currently zoned RM-16. - There are no overlays or other special zoning designations assigned to this property. - The 1.59 acre parcel is surrounded entirely by CI zoned properties and is an “island” of RM-16 zoning. - The property is undeveloped. - The property has frontage on Glendale Ave., a City maintained street. - Secondary access can be secured via Springvale Ave. which is a privately maintained street that does not currently meet the City’s standard for street/road infrastructure. - Improvements to this right-of-way may, or may not be required, depending on the future development. - Adjacent parcels to the west provide access to McArthur Ln., another City maintained street. - While the subject property is 1.59 acres the property owner owns six additional parcels on either side of the subject property, all zoned CI. - When combined all seven parcels total approximately 4.39 acres and will be better positioned for redevelopment. - The subject property and surrounding parcels are located in a Qualified Census Tract (Opportunity Zone) and is also classified as a Difficult Development Area (DDA). - Asheville’s Opportunity Zones are mapped here. Comprehensive Plan Consistency: - This rezoning supports the opportunity for infill development that could include a mix of uses in a strategically located area, thus aligning with key goals in the Livable Built Environment Plan section. Compatibility Analysis: - The purpose of the RM-16 zoning district is, “to permit a full range of high density multi-family housing types along with limited institutional, public and commercial uses appropriate within high density residential areas. It is intended that this district be located near employment centers, shopping facilities, roads and other urban infrastructure capable of handling the demand generated by high density residential development.” - There is little high density housing in the area with the nearest multi-family project approximately ⅓ of a mile from the subject property and somewhat isolated. - Low-moderate density single-family housing is in closer proximity but separated by other CI zoned properties. - The purpose of the CI zoning district is, “to provide areas for a wide range of commercial and industrial uses including: light manufacturing, wholesale, warehousing, services, retail sales, offices, and residential uses. The district is established where environmental conditions and urban infrastructure are adequate to support commercial and industrial development.” - There is a moderate amount of infill, renovation and reinvestment in the commercial properties along Glendale Ave. and further into the adjacent River district area. - The property is currently designated “Traditional Neighborhood” in the Future Land Use map of the Living Asheville Comprehensive Plan, which describes an area focused on walkable areas with a mix of housing. This is likely due to the undeveloped nature of this and surrounding properties and the goal for more residential infill. Currently, neighborhood amenities such as sidewalks, parks, schools, community centers etc. are limited or do not exist. - The proposed CI zoning allows housing as well as other non-residential uses; therefore, a rezoning would not preclude the opportunity to include housing with future development should the property owner choose to pursue it. - The property is on the edge of the “Traditional Neighborhood” area and adjacent to other properties designated “Town Center” and “Urban Corridor” both of which contemplate a mix of uses. - Should this rezoning be supported, staff would recommend a change in the Future Land Use Designation from “Traditional Neighborhood” to “Urban Corridor”.  Committee(s): - The Planning & Zoning Commission reviewed this proposed amendment at their April 7, 2021 (public hearing) and May 5, 2021 (vote) meetings and voted unanimously (6:0) to approve the amendment. Fiscal Impact: - There is no direct fiscal impact. Mayor Manheimer opened the public hearing at 6:22 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2021-05-25","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to amend Unified Development Ordinance Articles III, V, VI and VII related to decision making, administrative and advisory bodies","desc":"Principal Planner Shannon Tuch said that this is the consideration of amending Unified Development Ordinance Articles III, V, VI and VII related to decision making, administrative and advisory bodies and related functions, in order to bring the City’s development code into  alignment with recent state legislation. This public hearing was advertised on May 14 and 21, 2021.  Background: - 160D refers to a new chapter in the North Carolina General Statutes (NCGS) that reorganizes the land use regulatory laws of the State and came into effect through Session Law 2019-111 “AN ACT TO CLARIFY, CONSOLIDATE, AND REORGANIZE THE LAND-USE REGULATORY LAWS OF THE STATE.”, adopted July 11, 2019. - The purpose of 160D is to clarify and reorganize the land use regulatory laws of the State and is the first major recodification and modernization of city and county development regulations since 1905. - The new 160D also consolidates these laws into one chapter in order to provide a uniform set of statutes applicable to both cities and counties (formerly found in Chapter 160A for cities and Chapter 153 for counties). - Per Session Law 2020-25, local governments are required to enact zoning text amendments that align with 160D by July 1, 2021. - 160D is comprehensive; therefore, City staff are addressing these revisions in sections, expecting to complete all necessary revisions by the deadline. - This zoning text amendment is the fourth in a series of amendments and seeks to align the City’s UDO (Chapter 7) with 160D. - Summary of changes: - Amendment to Article III to include 160D statutory references and clarify the requirements for PZC member appointments by the County as per NC Session Law 2013-30. - Amendment to Article V includes a revision to section 7-5-20 notice procedures for public hearings. The revisions include separating the notice procedures for legislative and quasi-judicial hearings. 160D- 601 provides that the for public hearings on development approvals notice only needs to be mailed to abutting properties; - Amendment to Article VI includes revisions to each section to provide clarity and bring the section into compliance with 160D terminology. - Amendment to Article VII includes (a) the revision of language to 7-7-4 to bring in compliance with 160D-604 and include the current procedures being implemented with the Planning and Zoning Commission; (b) the revision to language in 7-7-5 to clarify City Council procedures for development approvals; (c) the removal to 7-7-6 as provided in a 2015 session law - Additional, non-statutory related amendments to the Rules of Procedure have also been in order to clarify current procedures. Comprehensive Plan Consistency: This proposal best aligns with the Living Asheville Comprehensive Plan theme of Responsible Regionalism that seeks to “improve Regional Collaboration, Coordination and Communication” by aligning the City’s development code with state statutes.  Committee(s): - The Planning & Zoning Commission reviewed this proposed amendment at their April 7, 2021 (public hearing) and May 5, 2021 (vote) meetings and voted unanimously (6:0) to approve the amendment. Ms. Tuch said that 160D is a chapter in the N.C. Gen. Statutes adopted as part of Session Law 2019-11 and which became effective on June 20, 2020. It replaces the existing 160A (municipal) and 153A (county) chapters. It’s purpose is to clarify, consolidate, and reorganize the land use laws of the state. This was done in collaboration between N.C. land use attorneys, the UNC-School of Government and the N.C. legislature. Local governments have until July 1, 2021, to make any necessary amendments to be in alignment with 160D. Staff will bring forward a series of amendments to modify the City of Asheville’s Unified Development Ordinance to be consistent with 160D. This is the fourth in a series of amendments and addresses the duties and responsibilities of various decision-making, administrative and advisory bodies. When Councilwoman Roney questioned the change in notice requirements, Ms. Tuch said that for quasi-judicial hearings, we will now only send notices to those property owners directly adjacent to the property. For legislative hearings, we will continue to go above and beyond the statutory requirement, and notify everyone within 200 feet of the subject property. For quasi-judicial hearings, we will default to the state law standard because it introduces a potential legal issue regarding standing. In these types of hearings, the ability to participate is limited to those who have standing and can mount an objection. Staff is working with the Department of Development Services on different ways people can sign up for notifications for their neighborhood which could include these type hearings. Mayor Manheimer opened the public hearing at 6:32 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":1,"mr":"contested vote","sq":10},{"d":"2021-05-25","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to Articles II and (continued to September 28, 2021)","desc":"When Councilwoman Roney asked if it were possible to move the public hearing up earlier than September 28 if the motion passes, City Attorney Branham said that due to the summer schedule of Council meetings, it may be possible; however, the meetings will be very heavy.","c":"Administrative","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"continuance","sq":11},{"d":"2021-05-25","mt":"regular","id":"VI-A-1","ref":"RES 21-100","it":"resolution","t":"Approve the purchase of real property at 50 Asheland Avenue (ratify grant agreement with Dogwood Health Trust)","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"no material signals","sq":13},{"d":"2021-05-25","mt":"regular","id":"VI-A-2","ref":"ORD 4377","it":"ordinance","t":"Budget amendment to establish a budget in the City's General Capital Projects Fund for the purchase of 50 Asheland Avenue","desc":"Due to a conflict of interest,","c":"Budget & Finance","mo":"individual","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2021-05-25","mt":"regular","id":"VI-A-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from the discussion of the purchase of 50 Asheland Avenue (conflict of interest)","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1-8rNuS4haS0_Ir-8QW7IJUCvdmtqwQzm/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2021-06-08","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on May 25, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-06-08","mt":"regular","id":"II-B","ref":"RES 21-101","it":"resolution","t":"Resolution adopting the Buncombe-Madison Regional Hazard Mitigation Plan","desc":"Background: - Local governments are vulnerable to an array of hazards that can cause loss of life and damages to public and private property and seek ways to mitigate situations that may aggravate such circumstances. - The development and implementation of a hazard mitigation plan can result in actions that reduce the long-term risk to life and property from natural hazards. - It allows local governments to protect its citizens and property from the effects of natural hazards by preparing and maintaining a local hazard mitigation plan. - Hazard mitigation techniques include both structural measures (strengthening or protecting building and infrastructure) and non-structural measures (adoption of sound land-use policies and creation of public awareness programs). - Under North Carolina General Statutes, Chapter 166A: North Carolina Emergency Management Act and Section 322: Mitigation Planning, of the Robert T. Stafford Disaster  Relief and Emergency Assistance Act to remain eligible to receive state and federal assistance in the event of a declared disaster affecting the organization. - In coordination with Buncombe and Madison Counties and the participating municipalities within those Counties (including the City of Asheville) a multi-jurisdictional hazard mitigation plan has been developed with input from the appropriate local and state officials. - The focus of the Buncombe Madison Regional Hazard Mitigation Plan is hazards considered to be high or moderate risks (determined from a detailed hazard risk assessment) that enables us to prioritize mitigation action. - The purpose of the Buncombe Madison Regional Hazard Mitigation Plan is to: - Completely update the existing Plan to demonstrate progress and reflect current conditions - Update the plan in accordance with Community Rating System (CRS) requirements - Increase public awareness and education - Maintain grant eligibility - Maintain compliance with state and federal legislative requirements for local hazard mitigation plans - The plan outlines the following functions: - Planning Process: The process used to prepare the plan including identification of participants, public input, stakeholder input, and the outcomes of the meetings and discussions - Community Profile: A general overview of the region that includes geographic, demographic, and economic characteristics - Risk Assessment: A compilation of hazard identification, hazard profiles, and a vulnerability assessment to identify, analyze, and assess the threat to the Buncombe Madison region - Capability Assessment: A comprehensive examination of the Buncombe Madison Region’s capacity to implement meaningful mitigation strategies and identify opportunities to increase and enhance that capacity - Mitigation Strategy: Broad goal statements and analysis of hazard mitigation techniques for jurisdictions to consider in reducing hazard vulnerabilities; identification and prioritization of possible mitigation projects; emphasis on program and policy alternatives to make the Buncombe Madison Region less vulnerable to damaging forces of hazards while improve the economic, social, and environmental health of the community - Mitigation Action Plans: Functional plans for each of the jurisdictions in the Buncombe Madison Region; designed to achieve the mitigation goals established by the mitigation strategy - There are 11 mitigation actions outlined for the City of Asheville - The City of Asheville’s Hazard Mitigation Plan (pages 9:14 - 9:18 in the overall plan) outlines the hazards addressed, priority, funding sources, responsible parties, target completion dates, 2015 action implementation statuses, and 2021 action implementation statuses - Plan Maintenance: The measures jurisdictions will take to ensure implementation - The plan remains a living document, with implementation and evaluation procedures established to help achieve meaningful objectives and successful outcomes over time. - The City of Asheville has adopted a county-wide all hazards mitigation plan since 2011 and the Buncombe Madison Regional Hazard Mitigation since 2016. - The North Carolina Division of Emergency Management regionalized hazard mitigation plans and established our region as Buncombe Madison. - Before the regions for hazard mitigation were established, each county in North Carolina submitted their own plan and municipalities could be a part of their County’s plan or submit their own hazard mitigation plan independently. This method was too laborious  and time-consuming for FEMA and the North Carolina Division of Emergency Management. Thus, the new system of regional planning was developed and implemented. - The current plan expires on July 6, 2021. - The North Carolina Division of Emergency Management is required to review hazard mitigation plans prior to submission to FEMA for final approval. - The North Carolina Emergency Management Division and the Federal Emergency Management Agency have reviewed the Buncombe Madison Regional Hazard Mitigation Plan for legislative compliance and have approved the plan pending the completion of local adoption procedures. - There are no substantive changes to the plan.  Committee(s): - N/A Pro(s): - Hazard mitigation planning saves lives, property, and money; speeds recovery following disasters; reduces future vulnerability through wise development and post-disaster recovery and reconstruction; expedites the receipt of pre-disaster grant funding; and demonstrates a firm commitment to improving community health and safety. Con(s): - None Fiscal Impact: - None at this time","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-06-08","mt":"regular","id":"II-C-1","ref":"RES 21-102","it":"resolution","t":"Resolution authorizing the City Manager to apply for the Asheville High Intensity Drug Trafficking Areas 2021 Grant","desc":"","c":"Administrative","mo":"individual","mv":"Kilgore","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"contested vote","sq":13},{"d":"2021-06-08","mt":"regular","id":"II-C-2","ref":"ORD 4378","it":"ordinance","t":"Budget amendment in the City's Special Revenue Fund for the 2021 HIDTA Grant","desc":"Background: - The Asheville Police Department acts only as the fiduciary for the grant. - When expenses are incurred, the fiduciary settles the claims using appropriated City of Asheville funds and then requests a 100% reimbursement from the federal government. - The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville Police Department. - The Asheville HIDTA is comprised of members of the United States Drug Enforcement Administration, one officer from the Asheville Police Department, and various individuals from the Sheriff Offices of several Western North Carolina Counties. - A United States Drug Enforcement Administration supervisor, who is the Asheville HIDTA manager, determines how grant funds will be expended. - All members of the Asheville HIDTA receive reimbursement when they incur qualified expenses conducting Asheville HIDTA business. - The Office of National Drug Control Policy has preliminarily determined that the City of Asheville is eligible to manage this grant totaling $275,416. - The purpose of the HIDTA program is to reduce drug trafficking and production in the United States, specifically in areas where drug-related activities are having a significant harmful impact. - Grant funds are used for overtime, travel, services and supplies. - All expenses are tracked and audited by local and federal authorities.  Committee(s): - Public Safety Committee - June 1, 2021 - Moved to Council on 2-1 vote. Pro(s): - Fosters partnerships with federal and local law enforcement agencies. Con(s): - None Fiscal Impact: - There is no local match required. Councilwoman Roney reviewed the most recent annual report for the HIDTA grant, which is rooted in HR 5210 - the 1988 federal bill that started the war on drugs, a failed war against Americans in their homes and the streets and reinstated the federal death penalty. When she sees that we have high traffic drug areas in our community, that tells her that we have high economic development needs and high opportunity needs. She thought we were going to be reimagining public safety so she was very concerned this is doing it the old way. She understands we need to address root causes, but does not think we have the capacity in the public safety staffing to move from community policing to even this federal intention.","c":"Public Safety","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"contested vote","sq":14},{"d":"2021-06-08","mt":"regular","id":"II-D","ref":"RES 21-103","it":"resolution","t":"Resolution authorizing the City Manager to update the Sustainability Management Plan into a Municipal Climate Action Plan","desc":"Background: - The Office of Sustainability aims to update the City’s 2009 Sustainability Management Plan (SMP) to incorporate newly adopted sustainability resolutions into one cohesive document, a Municipal Climate Action Plan. - Asheville’s Sustainability Management Plan identified its vision and guiding principles as making decisions that balance the values of environmental stewardship, social responsibility and economic vitality. - The Municipal Climate Action Plan will bring together the SMP, updated resolutions, and newly adopted resolutions around climate change and climate justice. - This aligns with Council Strategic Priority C.3: Develop a renewable energy action plan to transition municipal operations to 100% renewable energy by 2030. - The Municipal Climate Action Plan will incorporate the City’s climate resilience work along with recently adopted climate resolutions; address high-impact projects to build a more resilient organization; and continue to address the City’s goals for carbon mitigation. - On January 28, 2020, City Council passed Resolution 20-25 Declaration of a Climate Emergency, reiterating the need for the City to identify resources required to meet the City’s aggressive climate goals. - In April 2021, the City issued an RFP addressing the Office of Sustainability’s need to organize and condense adopted resolutions since the adoption of the 2009 Sustainability Management Plan. Four (4) responses were received. Two (2) were considered non-responsive for not complying with the City’s Business Inclusion Policy. Bidder Name Bidder City Bidder State Bid Amount ABI Policy Energetics Columbia Maryland $68,937 Yes AECOM Winston-Salem North Carolina $99,400 Yes ICMA Washington District of Columbia $193,864 Non-responsive Sia Partners Charlotte North Carolina $69,600 Non-responsive - AECOM was selected as the most qualified in addressing both climate resiliency and carbon mitigation through their diverse staff and sustainability projects nationwide. AECOM is a global leader in integrated sustainability and climate planning, leveraging a proven process to identify and prioritize actionable opportunities that keep clients moving toward their goals. AECOM will partner with FernLeaf Interactive, based in Asheville, which has deep experience helping clients achieve climate solutions. - This RFP also required responders to show compliance with the City’s adopted Business Inclusion Policy. - AECOM meets these requirements by expending 12% of the total amount of the contract with a MBE/WBE.  Committee(s): - Sustainability Advisory Committee on Energy and the Environment - June 16, 2021 - SACEE Resiliency Working Group - Approved May 6, 2021 Pro(s): - Supports Resolution 11-77 80% Carbon Reduction Goal, Resolution 18-279 100% Renewable Energy Goal and Resolution 20-25 Climate Emergency Declaration. - The Municipal Climate Action Plan will: 1.) Incorporate adopted resolutions since the 2009 Sustainability Management Plan into one document, a Municipal Climate Action Plan; 2.) Identify high-impact projects to achieve adopted sustainability goals by City Council Resolutions; and 3.) Provide estimated costs associated with achieving adopted sustainability goals set forth by City Council. Con(s): - None Fiscal Impact: - The contract will total $95,000 from the FY22 Office of Sustainability budget. - Funding is already budgeted and available.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-06-08","mt":"regular","id":"II-E","ref":"RES 21-104 / ORD 4379","it":"resolution","t":"Resolution authorizing the City Manager and budget amendment for rental and (Consent item E)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-06-08","mt":"regular","id":"II-F","ref":"RES 21-105 / RES 21-106 / RES 21-107 / RES 21-108 / RES 21-109","it":"resolution","t":"Resolutions granting permission for (five encroachment/permission resolutions)","desc":"","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-06-08","mt":"regular","id":"II-G","ref":"RES 21-110","it":"resolution","t":"Resolution updating the 2021-22 Annual (Consent item G)","desc":"Background: - The City originally received the 21/22 HUD allocation notice and with approximately $1,137,995 in CDBG funds and $1,370,760 in HOME funds available for the fiscal year that will begin July 1, 2021. - Community Development Staff, in coordination with the Housing & Community Development (HCD) Committee, have made recommendations for the use of CDBG funds, which must be used in housing & community development programs within the city limits of Asheville. - The Asheville Regional Housing Consortium Board has recommended uses for HOME funds, which must be used for housing programs within the four-county Consortium area (Buncombe, Henderson, Madison, and Transylvania counties). - Funds are awarded based on HUD CDBG & HOME guidelines as well as the Priorities listed in the City’s 5 Year Consolidated Plan, FY20/21-24/25. - On Friday, May 14, 2021, CD Staff received a HUD Notice that the City of Asheville would be receiving an additional $15,296 in CDBG Funds - New CDBG Award Total $1,153,291 - with a new AAP submission deadline of June 16, 2021. - CD Staff recommends putting this additional funding in Contingency to then be reallocated at a future HCD & Council meeting.  Committee(s): - Asheville Regional Housing Consortium Board - March 25, 2021 - Approval - Housing & Community Development Committee - March 26, 2021 - Approval - Housing & Community Development Committee - May 18, 2021 - Approval Pro(s): - Approval of the Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. Con(s): - It is not always possible to fund all of the applications received, and many agencies funded will receive less than the amounts requested. Fiscal Impact: - The Action Plan is fully funded from federal CDBG & HOME entitlement grants, unused funds from previously completed projects, and estimated program income. - Staff costs to administer the program are also fully paid from federal sources. - The FY 2021-22 budgets for both the CDBG & HOME programs will be included in the annual budget ordinance that City Council will adopt in the coming months.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-06-08","mt":"regular","id":"II-H","ref":"RES 21-111","it":"resolution","t":"Resolution of intent to permanently close and set a public hearing on July 27, 2021","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The City is the sponsor of the proposed right-of-way closure near 155 Thompson Street and is exchanging the closed right-of-way with the property owner, who is providing an easement to construct a section of the Swannanoa Greenway. - This closure would not impede any future vehicular transportation connections nor does it conflict with any utility access. - This closure will be an exchange of property for a greenway easement for the Swannanoa River Greenway through the property owners’ land. - Signs will be placed at two locations along the right-of-way announcing the public hearing and potential closure.  Committee(s): - None Pro(s): - The proposed ROW closure in exchange for a greenway easement is mutually beneficial for the City and the property owner. Con(s): - If the ROW closure is not approved, the City will not receive a greenway easement from the property owner in exchange, which would jeopardize the future construction of the Swannanoa Greenway in this location. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-06-08","mt":"regular","id":"II-I","ref":"RES 21-112","it":"resolution","t":"Resolution authorizing the City Manager (Consent item I)","desc":"Background: - The requested contract allows new parking garage equipment to be installed. - The requested contract timeline aligns with the expected useful life of the new garage equipment. - The contract covers monthly management fees for cloud-hosted systems and technical system support. - The contract total further covers the occasional purchase of equipment and services from Flashparking, Inc. for standardization and compatibility with the garage equipment. - Flashparking, Inc. is both the manufacturer and technical support provider for the parking garage equipment which has been purchased. Vendor Outreach Efforts: - The equipment has been purchased via a contract for goods as issued by the National Cooperative Purchasing Alliance (NCPA). - Purchases made via the NCPA are exempt from the Asheville Business Inclusion (ABI) Policy. - The cooperative agreement was competitively advertised and awarded to Flashparking, Inc. - As Flashparking Inc. is the only source of supply for management and technical support for the parking garage equipment, the City has authority pursuant to N.C.G.S. §143 -129 to enter into the requested contract.  Committee(s): - None Pro(s): - Enables the City to continue to operate parking garages with limited interruptions due to outdated equipment. - Improves the customer experience by decreasing the time for processing transactions. Con(s): - Without a contract for management and technical services in place, newly purchased parking garage equipment cannot be installed. Fiscal Impact: - Funding for the requested ongoing costs will be included in the Parking Services annual operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-06-08","mt":"regular","id":"II-J","ref":"RES 21-113","it":"resolution","t":"Resolution authorizing the City Manager (Consent item J)","desc":"Background: - The City of Asheville serves as the Continuum of Care Lead Entity for the NC-501 Asheville-Buncombe Continuum of Care (CoC). - Each CoC Lead Entity is responsible for coordinating the community activities required for Asheville to be eligible to receive CoC funding from the U.S. Department of Housing and Urban Development (HUD). - The CoC Lead is also responsible for operating the community’s Homeless Management Information System (HMIS). - The typical competitive process for awarding CoC awards known as the Notice of Funding Availability (NOFA), which includes local review, scoring, and ranking of CoC project funding applications, was disrupted in FY 2020 because of the COVID-19 pandemic. - HUD instead made allocations to each CoC through a non-competitive process for FY 2020 for all grantees whose projects expire during 2021. - Through this 2020 non-competitive process, the City of Asheville has been awarded $43,016 for a CoC Planning Grant and $67,500 for a Homeless Management Information System (HMIS) Grant to support the city operations for these activities as the NC-501 Continuum of Care Lead Entity. - A total of $1,706,734 of CoC renewal funding was also awarded directly to agencies in the community for ongoing Permanent Supportive Housing and Rapid Rehousing projects. - While this funding does not pass through the City, it is referenced here to convey the total amount of federal monies directed to local agencies that provide housing services to this population and to illustrate a key component of the system of care for which the City is the lead entity. - These funds are specifically intended for permanent housing programs. - The regular Continuum of Care NOFA competitive funding process resumed in 2021 and is already underway. Council Goals: - Quality Affordable Housing - An Equitable and Diverse Community Committees: - N/A Pros: - Provides funding to sustain existing Continuum of Care HMIS and required community planning activities and ensures the community’s eligibility to receive this funding. Cons: - None Fiscal Impact: - $110,516 in HUD Continuum of Care grant funding to support the City’s operations in its role as the NC-501 Asheville-Buncombe Continuum of Care Lead Entity. - This grant funding is adopted as part of the annual budget process. Motion(s): - Motion to authorize the City Manager to execute agreements with the U.S. Department of Housing & Urban Development and accept grant funding awarded to the City of Asheville in FY 2020 for Continuum of Care Planning activities and Homeless Management Information System (HMIS) operation.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-06-08","mt":"regular","id":"II-K","ref":"RES 21-114","it":"resolution","t":"Resolution authorizing the City Manager (Consent item K)","desc":"Background: - On April 27, 2021, the City Council approved a change order with Harper Corporation for the repairs to the Ozone Building due to flooding. - This request is for a change order with CDM Smith for continued construction oversight of the work that Harper will perform. - Ozone disinfection is a highly technical process that requires specified oversight for proper installation of equipment. - Ozone is an important disinfectant process in the treatment of drinking water at the Mills River Water Treatment Plant (WTP). - The basement of the ozone building at the Mills River WTP flooded due to several situations arising at the same time. - A manway to an empty ozone contactor was left open due to needed repairs. - Heavy rains over a short time period caused high water levels in the sludge lagoons. - At the same time, staff needed to drain one of the sedimentation basins. - Water was unable to drain to the lagoons and backed up into the ozone contactor and thus the basement of the ozone building. - The damage was significant and requires replacement of all associated equipment. - It also requires replacement of assets involved with the current Miscellaneous Phase 1 Ozone Rehabilitation project at the facility. - The flooding damaged existing equipment as well as newly installed equipment. - To avoid this type situation in the future, safeguards have been put in place including improved signage and training. - CDM Smith holds the current open contract for Construction Oversight for the Phase 1 project. CDM Smith will continue with the current project and the replacement of equipment damaged by the flooding. - With this change order of $81,997, the total budget impact is $158,177. Vendor Outreach Efforts: - CDM Smith is currently under contract. - As this is a change order, no further outreach was performed.  Committee(s): - None Pro(s): - Ensures the appropriate oversight regarding the construction / rehabilitation of Mills River WTP so that the final product will meet all aspects of the original design (Ozone) to treat the source water of the Mills River. - Ensures the Mills River WTP will continue to appropriately produce drinking water for the public. Con(s): - Work approved may not meet the design specifications without proper oversight. Fiscal Impact: - $81,997 to be funded within the existing Water Treatment Improvements Capital Improvement Program budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-06-08","mt":"regular","id":"II-L","ref":"RES 21-115","it":"resolution","t":"Resolution approving additional (Consent item L)","desc":"On June 10, 2020, the Buncombe County Superior Court approved the settlement of a class action lawsuit regarding certain water service fees entitled Mayfair Partners, LLC v. City of Asheville. A condition of the settlement required that any unclaimed portion of the settlement proceeds would be donated to a charity or charities to be selected by the Asheville City Council and approved by the plaintiffs in the action. On October 27, 2020, in closed session, the City Council selected two nonprofit organizations to receive the donations, the Asheville City Schools Foundation and CoThinkK, both of which have received approval from the class action plaintiffs. On April 13, 2021, the City Council approved a resolution to donate the amount of $949,185.12 in unclaimed funds to the selected organizations. Following these donations, additional residual funds in the amount of $5,751 remain unclaimed from the settlement of the lawsuit and must also be donated pursuant to the terms of the approved settlement. The City Council wishes to divide the remaining funds evenly between the two organizations previously selected to receive them, such that each will receive the amount of $2,875.50. It is the expectation of the City Council that the donated funds will be utilized in such a way as to provide the public benefit of advancing racial equity within the community.","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-06-08","mt":"regular","id":"II-M","ref":"RES 21-116","it":"resolution","t":"Resolution authorizing the City Manager (Consent item M)","desc":"Background: - The new condo development at 55 S. Market Street is complete and the developers are seeking to resolve a real property issue with the City, as follows: - Developers have subsurface footers and a portion of the wall above ground that extend over the City’s right of way on the Beaumont Street side of the complex. - A small portion of the foundation wall is visible from Beaumont Street. - The land was valued at $77.38 per square foot. - The easement for the foundation wall is 47 square feet, making its value  $3,636.86. - The market value of this land at South Market Street address was determined by comparing a recent downtown land appraisal done by Robert M. Swicegood for the property at 50 Asheland Avenue. - The Public Works Director has determined that this small easement within the right of way will not substantially impair or hinder the use of the right of way. - Staff recommends that the City grant this easement to cover the foundation wall that has already been constructed. - Additionally, Fifty-Five South Market, LLC wishes to convey, at no cost to the City, three small parcels of property that are located either within or adjacent to the public right-of-way, 0.038 acres located within the right-of-way of Velvet St; Tract D, 0.027 acres located adjacent to the Velvet St. right-of-way; and Tract E, 0.061 acres located within the right-of-way of Market St. - Legal staff have researched the title to these properties and right-of-way. - It is unclear of the ownership, therefore, staff recommends acceptance of these parcels in order to clear up any potential title issues that might inhibit the City’s ability to open or expand these right-of-way areas in the future.  Committee(s): - None. Pro(s): - Easement will allow the foundation wall to remain in the City’s right of way. - Developer will be paying market value for the easement. - Acceptance of deeds to the three parcels will provide clear title of the right-of-way to the City Con(s): - None, however, the developer should have settled these real property issues before the building was constructed. Fiscal Impact: - The fair market value for the easement in the amount of $3,636.86 will benefit the General Fund. - The conveyance of the three parcels is at no cost to the City","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2021-06-08","mt":"regular","id":"II-N","ref":"RES 21-117","it":"resolution","t":"Resolution authorizing the City Manager (Consent item N)","desc":"Background: - The Asheville Special Fire Protection & Ambulance and Rescue Service District of Buncombe County was established and created effective July 1, 2016. - It comprises the Biltmore Estate property, and portions of the Haw Creek District. - It is served by the Asheville Fire Department for fire protection, ambulance, and rescue services. - The Biltmore Estate has been served by the City of Asheville Fire Department since 1995 and Haw Creek has been served by the City of Asheville Fire Department since 2009 through contracts with Buncombe County. - The County levies a special tax in the Asheville Special Fire Protection & Ambulance and Rescue Service District and appropriates those funds to the City of Asheville. - The funds collected by the County as a result of the tax collected and the corresponding sales tax revenue due the District will be paid to the City by the last day of each month in twelve equal monthly installments. - At the end of the fiscal year, the County will reconcile the monthly payments made to the City and the actual amounts collected to make a final adjusted payment in July of the following fiscal year. - The Asheville Fire Department will furnish fire protection and other emergency services as part of the Buncombe County EMS System in the Asheville Special Fire Protection & Ambulance and Rescue Service District and will provide the necessary equipment and personnel. - The term of the current agreement will end June 30, 2021, and the new agreement will begin July 1, 2021 for a term of three years.  Pro(s): - Adds capacity and resources that are shared between the City of Asheville and adjacent communities. Con(s): - None Fiscal Impact: - The agreement has an overall positive fiscal impact on tax revenues received by the city. - In FY19-20, property, sales, and DMV tax revenues generated by the district and appropriated to the City were $398,801.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2021-06-08","mt":"regular","id":"II-O","ref":"RES 21-118","it":"resolution","t":"Resolution authorizing the City Manager to enter into a Memorandum of Agreement with the State of North Carolina on opioid litigation settlement proceeds","desc":"","c":"Community Programs","mo":"individual","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"no material signals","sq":16},{"d":"2021-06-08","mt":"regular","id":"II-O-recuse","ref":"","it":"motion","t":"Motion to recuse Councilwoman Mosley on the opioid litigation MOA item (conflict of interest)","desc":"","c":"Community Programs","mo":"procedural","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2021-06-08","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing on the Fiscal Year 2021-22 Annual Operating Budget","desc":"Finance Director Tony McDowell said that this is the public hearing on the Fiscal Year (FY) 2021-22 Annual Operating Budget and inclusion of public input in City Council’s consideration of the budget. This public hearing was advertised on May 28, 2021. Background: - The FY 2021-22 Proposed Annual Operating Budget was presented to City Council on May 25, 2021, and was balanced with an ad valorem tax rate of $0.413 per $100 of assessed valuation. - A copy of the Proposed Budget is available for public review in the City Clerk’s office, as well as on the City’s website (www.ashevillenc.gov). - In accordance with the North Carolina Local Government Budget and Fiscal Control Act (G.S. 159-12), a summary of the Proposed Budget along with a notice of the public hearing was published on May 28, 2021. - Adoption of the FY 2021-22 Budget Ordinance is scheduled for June 22, 2021, at the regularly scheduled City Council meeting. - The Proposed Budget may be changed by City Council in any way before adoption. - It may also be changed by budget amendment after adoption, with the only exception being the ad valorem tax rate, which cannot be changed once the budget is adopted.  Pro(s): - Provides the opportunity for the public to comment on the Proposed Annual Operating Budget for FY 2021-22. Con(s) - None Fiscal Impact: - None Finance Director Tony McDowell said that the proposed budget is based on internal work, Council priorities, and community input including a continuation of the reimagining public safety process. The proposed budget is balanced and fiscally responsible. It funds investments in Council priorities through a property tax rate above revenue neutral. It funds core community services in a time of rising costs, and it continues funding for capital improvements program. Work will continue during the next fiscal year, including reimagining public safety, reparations and strategic use of American Rescue Plan (ARPA) funding to achieve goals. He then reviewed the City Council strategies and priorities process drivers, priorities identified and response strategies. He then reviewed the proposed budget funding summary.  He provided highlights of the Fiscal Year 2022 budget investment categories including reparations; reimagining public safety (safe communities); employees & workforce; neighborhoods and housing; youth; transportation; environment; and economic development. He noted the revised recommendations of $2.1 Million for reparations planning and community engagement process and initial allocation (White Labs sale proceeds). This will be considered for adoption on June 8. The property tax rate will increase by 3-cents for a total of $41.30 per $100 valuation. After the budget adoption, staff will develop a spending plan for the ARPA. They will also continue reimagining public safety work, including (1) planning with Buncombe County for 911 consolidation utilizing Asheville Police Department (APD) telecommunications budget; (2) assess APD’s role in Asheville Housing Authority properties and Asheville City Schools; (3) develop proposals for mental health and substance abuse, houselessness response; (4) reparations process next steps include (a) Information and Truth Telling Speaker Series (which is underway); and (b) establish Community Reparations Commission; (5) partner with Buncombe County on homeowners’ tax assistance program; (6) work with community partners to identify recreation programming needs; and (7) midyear assessment of stormwater and sanitation services. In response to Councilwoman Roney, Mr. McDowell said that the $7.9 Million is based on positions currently budgeted which does include the existing vacancies. In response to Mayor Manheimer Mr. McDowell said that the starting rate for a firefighter once they are out of the Academy is a little over $44,000, and will bring them, based on their schedule, over the $15.00 minimum pay. Councilwoman Roney appreciated the $150,000 for mitigating the impact on homeowners, but wondered if we have plans to mitigate the impact on renters to expand our partnerships. Mr. McDowell responded that the property tax relief program is being developed by Buncombe County and his understanding is that their program would only be targeted at homeowners. Mayor Manheimer noted that the County has funds (approximately $7 Million) through the federal package that are directed at renters. We will need to discuss with them on how they are going to make that available to people as a resource. Councilwoman Roney was concerned that the eviction moratorium ends at the end of June and we need to address that either with our own eviction protection fund or a partnership. Mayor Manheimer opened the public hearing at 6:00 p.m. Eleven individuals spoke to Council regarding the Fiscal Year 2021-22 budget, with some comments being, but are not limited to: don’t raise property taxes; provide more opportunities for virtual public comments; defund the Asheville Police Department; $150,000 in County’s property tax relief program is not enough; need to fund more into reparations; leave the homeless alone when they get out of the hotels; homeowners should be automatically enrolled in rebates for property tax relief; approving the pay plan makes employees feel valued and boosts morale; pay plan increase for firefighters helps recruiting a diverse pool of applicants; support living wages for firefighters; support for funding for transportation initiatives; support for paid parental leave and paid leave for care of qualifying family member; and need for urban forester position. Mayor Manheimer closed the public hearing at 6:29 p.m. Mayor Manheimer said that the adoption of the budget will occur on June 22, 2021.","c":"Zoning & Land Use","mo":"public_hearing","mv":"","sec":"","r":"","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2021-06-08","mt":"regular","id":"V-A","ref":"ORD 4380","it":"ordinance","t":"Ordinance to rezone property (Residential rezoning request)","desc":"Mayor Manheimer said that this public hearing was held on May 25, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2021-06-08","mt":"regular","id":"V-B","ref":"ORD 4381","it":"ordinance","t":"Ordinance to amend Unified Development Ordinance (Chapter wording amendments)","desc":"Mayor Manheimer said that this public hearing was held on May 25, 2021, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2021-06-08","mt":"regular","id":"VII-A","ref":"RES 21-119 / ORD 4382","it":"resolution","t":"Resolution to establish initial funding for reparations and budget amendment to fund reparations","desc":"","c":"Budget & Finance","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"policy category","sq":20},{"d":"2021-06-08","mt":"regular","id":"VII-B-1","ref":"RES 21-120","it":"appointment","t":"Resolution appointing members to the Board of Electrical Examiners","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Electrical Examiners. The terms of George Griff (electrical contractor), Charlie Wheeler (journeyman electrician), Drew Pike (utility representative), Russell Thacher (licensed engineer) and Roger Vaught (layman representative) expire on July 1, 2021. The following individual applied for the vacancies: Donald Shane Massey. The Boards & Commissions Committee recommended (1) appointing Donald Shane Massey (electrical contractor), Drew Pike (utility representative), Russell Thacher (licensed engineer) and Roger Vaught (layman representative); and (2) readvertising for the journeyman electrician seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":21},{"d":"2021-06-08","mt":"regular","id":"VII-B-2","ref":"RES 20-121","it":"appointment","t":"Resolution appointing a member to the (Housing Authority board)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Citizens-Police Advisory Committee. The terms of Michael Hayes (west representative), Robert Hooper (HACA staff representative) and Karl Katterjohn (east representative) expire on June 30, 2021. The following individuals applied for the vacancies: Anthony Coggiola, Mary Ammerman, Tim Kelley, Mary Clarissa Marshall and Kelly Stamey. It was the consensus of the Boards & Commissions Committee to readvertise for the west and east representatives and reappoint Robert Hooper (HACA staff representative).","c":"Housing","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2021-06-08","mt":"regular","id":"VII-B-3","ref":"RES 20-122","it":"appointment","t":"Resolution appointing members to the (board appointment)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission. The terms of Mukunda Pacifici and Greg Duff will expire on June 30, 2021. The following individuals applied for the vacancies: John Batenhorst, Tim Collins and Mitchell Eaton. It was the consensus of the Boards & Commissions Committee to reappoint Mukunda Pacifica and appoint Mitchell Eaton.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"appointment/reappointment","sq":23},{"d":"2021-06-08","mt":"regular","id":"VII-B-4","ref":"RES 21-123","it":"appointment","t":"Resolution appointing a member to the (board appointment - Georgene Falcon)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Asheville-Buncombe Historic Resources Commission. The terms of William Eakins and Maggie Brousaides will expire on July 1, 2021.  The following individuals applied for the vacancies: J. Wagner, Amanda Vollrath and Georgene Falcon. It was the consensus of the Boards & Commissions Committee to appoint Georgene Falcon and readvertise for the second seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"appointment/reappointment","sq":24},{"d":"2021-06-08","mt":"regular","id":"VII-B-5","ref":"RES 21-124","it":"appointment","t":"Resolution appointing a member to the (board appointment - Crystal Reid)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission. The term of Raynette Waters (public housing resident) expired on June 1, 2021. The following individuals applied for the vacancies: Bernie Lee Miller, Alexandra DISclarfani, Brittni Worley, Ricky McGrath, Tim Collins and Amanda Benson-Bremseth and Crystal Michelle Reid. The Boards & Commissions Committee recommended appointing Crystal Reid.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"appointment/reappointment","sq":25},{"d":"2021-06-08","mt":"regular","id":"VII-B-6","ref":"RES 21-125","it":"appointment","t":"Resolution appointing members to the (board appointment - Mike Wasmer)","desc":"Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The terms of Spencer Hardaway (representing 28803 or 28704 zip code), Mike Wasmer (at-large representative) and Joseph Fioccola (representing 28801 zip code) expire on July 1, 2021. The following individuals applied for the vacancies: Bonnie Snyder Hamrick, Sandra K. Smith and Juan Pablo Chalarca. It was the consensus of the Boards & Commissions Committee to reappoint Mike Wasmer; (2) appoint Juan Pablo Chalarca; and (3) readvertise for the 28803 or 28704 seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"appointment/reappointment","sq":26},{"d":"2021-06-08","mt":"regular","id":"VII-B-7","ref":"RES 21-126","it":"appointment","t":"Resolution appointing a member to the (board appointment - Tod Leaven)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Noise Ordinance Appeals Board. The terms of Tod Leaven, Wayne Wheeler and Patrick Gilbert (Alternate) expire on July 1, 2021. No applications were received for these vacancies. It was the consensus of the Boards & Commissions Committee to reappoint Tod Leaven and Wayne Wheeler.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"appointment/reappointment","sq":27},{"d":"2021-06-08","mt":"regular","id":"VII-B-8","ref":"RES 21-127","it":"appointment","t":"Resolution appointing members to the (board appointment - Ali McGhee and Johanna Hagarty)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Cultural Commission. The terms of Ali McGhee, Johanna Hagarty and Constance Richards expire on June 30, 2021. The following individuals applied for the vacancies: Nathaniel Wyrick, Christina O’Donnell, Hilary Chiz, Michael G. Waddle, D. Rae Geoffrey, Robin Ellege, Rodney Moore, Maria West, Tarek Inkidar, Wayne Wheeler, Mark Wilson, Bridget McFarthing, Robert Milnes, Reggie Tidwell, Claire Changery, John Moriarty, Leslie Shaw, Erin Hallagar Clare and Whitney Richardson. It was the consensus of the Boards & Commissions Committee to reappoint Ali McGhee and Johanna Hagarty and appoint Reggie Tidwell.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/11RBi36FB6x5_05JGPFZtjeMANC06SJhJ/view?usp=sharing","mat":0,"mr":"appointment/reappointment","sq":28},{"d":"2021-06-22","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on June (2021)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-06-22","mt":"regular","id":"II-B","ref":"RES 21-128","it":"resolution","t":"Resolution authorizing the City Manager (Consent item B)","desc":"Background: - The City of Asheville owns and controls a telecommunications tower located at 57 Crestwood Drive, primarily for the purpose of vital public safety communications. - Excess space on the tower is available for telecommunications companies through license agreements with the City. - U.S. Cellular originally built the tower at Royal Pines in 1987 and has occupied it since that time. - Their most recent agreement was executed in 2012, at a rental rate of $30,000 per year with an annual escalation rate of 3%. - The current license agreement expires September 30, 2022 and US Cellular’s agent has approached the Real Estate Coordinator with a request for an extension. - The Real Estate Division with the support of IT Services contracted with APC Telecom in Raleigh for an analysis of the current license agreement and its terms, including fair market value rental rates. - They recommended an increase of over 10% of their current rent and to maintain the escalation rate of 3%. - Finally, APC Telecom recommended a term as long as possible. - US Cellular agreed to a term of ten (10) years at a rental rate of $42,300 per year with 3% escalations.  Committee(s): - None  Pro(s): - This license agreement will ensure that the City has a stable tenant on this tower. - US Cellular will be paying Fair Market rent with an acceptable escalation clause. Con(s): - None. Fiscal Impact: - The City will be receiving $3,525 per month or $42,300.00, which benefits the General Fund.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-06-22","mt":"regular","id":"II-C","ref":"RES 21-129","it":"resolution","t":"Resolution authorizing the City Manager (Consent item C)","desc":"Background: - Ozone is a key part of the water treatment process at the Mills River Water Treatment Plant. - Liquid oxygen is a required precursor for the onsite production of ozone. - The City’s existing eight year liquid oxygen contract with Air Products expires in July 2021. - The City held a competitive bid for the supply of liquid oxygen to Water Resources for the next eight years. - In response to the bid advertisement, the Water Resources Department received three (3) bids on May 6, 2021. - The following companies responded with estimated first five year total costs: - Matheson, Irving, T.X. $359,550 - Andy Oxy, Asheville, N.C. $1,755,000 - Air Products, Allentown, P.A. $322,674 - Since the costs reflect a multiple year contract, Council approval is required before City staff may award the contract to the lowest responsive bidder.  Committee(s): - None Pro(s): - Ozone helps to reduce the total organic carbon that is the precursor to Disinfection By-Products (Total Trihalomethanes and Haloacetic acids - HAA 5). - Ozone is used as the initial disinfectant reducing the need to use chlorine at this step in the treatment process. - High levels of total organic carbon combined with chlorine can form Disinfection By-Products. - Enhances the level of water treatment. Con(s): - Increased costs to produce high quality potable water due to loss of ozone treatment resulting in other treatment processes having shorter life cycles. - The City risks being out of compliance with the EPA Disinfection By-Products rule without liquid oxygen. Fiscal Impact: - $322,674 over five years to be funded as part of the Water Resources Fund operating budget as one-year allocations.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-06-22","mt":"regular","id":"II-D","ref":"RES 21-130","it":"resolution","t":"Resolution authorizing the City Manager (Consent item D)","desc":"Background: - The primary focus of FEMA’s Assistance to Firefighters Grant program is to provide assistance in funding for firefighting safety and protective equipment that can reduce the risk of exposure to cancer-causing carcinogens. - AFD was successful in its last request for $36,000 to fund four sets of personal protective equipment washers and dryers. - The goal of the current request is to increase the safety and health of our firefighters by increasing the accessibility of breathing air compressors within the Asheville Fire Department. - The Department requested funds to purchase two SCBA air compressors. - This equipment would be utilized to support the department's Air Management and Cancer Prevention Policies. - Due to the prevalence of carcinogenic materials being emitted throughout the duration of a firefighting operation, the department’s Cancer Prevention Policy requires SCBA usage at all fires for a minimum of 90 minutes after air monitoring indicates a clear environment in a fire occupancy. - This policy has significantly increased the usage of breathing air at all of our fires while creating a safer work environment for our firefighters. - AFD assigns approximately 40 members to every working fire incident. - To fill bottles for these members, AFD relies upon neighboring fire departments that support a countywide air unit which responds to the incident scene. - This unit is reliable, but there are times where it is unavailable due to being used by one of the other 21 Buncombe County fire departments or being serviced. - The additional air compressors would allow greater accessibility to air refill by firefighters. - This request also supports the SCUBA program which is one of two within the western region of North Carolina and the AFD Hazardous Materials Team which is contracted by NC Emergency Management as a regional resource for the 18 western NC counties. - The overall request for funding via FEMA’s Assistance to Firefighters Grant is to increase the safety for all members by providing increased access to breathing air compressors to support the increased usage of SCBA on firegrounds for firefighter safety.  Committee(s): - Public Safety Committee - June 22, 2021 Pro(s): - Firefighter safety would be increased significantly Con(s): - The City’s one time match would be $13,091 Fiscal Impact: - Requires a 10% local match. - The grant amount, if awarded, would be $130,910. - One time local match would be $13,091 - Asheville Fire Department could absorb this match in its operating funds (from the General Fund) in Fiscal Year 2021-22.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-06-22","mt":"regular","id":"II-E","ref":"RES 21-131","it":"resolution","t":"Resolution accepting the annual (Consent item E)","desc":"Background: - The City of Asheville joined the Community Rating System (CRS) program, a program through the Federal Emergency Management Agency (FEMA), and administered by the Insurance Services Office (ISO) in 2014. - As required by the CRS program, a Repetitive Loss Area Analysis (RLAA) was prepared in 2014 by Brown and Caldwell to supplement the Buncombe-Madison Regional All Hazards Mitigation Plan. - Brown and Caldwell is an international Engineering and Consulting firm with a regional office in North Carolina. The team that developed the RLAA Report focuses on flood mitigation and hydrologic engineering. - Participation in the CRS program provides lower insurance premiums under the National Flood Insurance Program. - Currently, Asheville property owners receive a 10 percent reduction in their flood insurance premiums through the City’s participation in the CRS program, based on the CIty receiving a Class 8 determination in the program. - The classes are determined by points awarded based on program elements that enhance or are higher standards than requirements of the National Flood Insurance Program administered by FEMA. - In order to maintain the current status in the CRS program, staff is required to provide to Council the annual report of the Flood Mitigation Actions Items that were part of the RLAA report from Brown and Caldwell adopted by Council on December 10, 2013. - The Annual Flood Mitigation Actions Report is provided as Exhibit A. - Highlighted in the report, staff from multiple departments continue to work together, looking for ways to reduce flooding and damage from floods. - These efforts include community outreach through the City website, social media, flyers, and events; working with the Army Corps of Engineers and other partners on flood mitigation opportunities; and working with developers and property owners on ways to protect their properties from flooding. Vendor Outreach Efforts: - Not Applicable.  Committee(s): - None Pro(s): - Asheville property owners will continue to receive a 10% reduction on their flood insurance. - Provides a higher level of protection through the current flood ordinance and improves resilience. - Promotes public education on the dangers of flooding and the Special Flood Hazard Areas. Con(s): - Considerable amount of staff time is necessary to maintain these requirements and improve our program. Fiscal Impact: - There is no additional fiscal impact to continuing the efforts necessary for the CRS program. Staff time is currently programmed into the annual operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-06-22","mt":"regular","id":"II-F","ref":"RES 21-132","it":"resolution","t":"Resolution authorizing the City Manager (Consent item F)","desc":"Background: - City Council approved contract #91800148 with Sam Schwartz Consulting, LLC to provide consulting and engineering services to evaluate and advise City Council on the design of the I-26 Connector project via Resolution #17-204 on September 12, 2017. - Sam Schwartz Consulting, LLC reviewed the project plans and met with the North Carolina Department of Transportation (NCDOT) and various stakeholder groups to help address design tweaks. - Sam Schwartz Consulting, LLC prepared a report that was included in the Final Environmental Impact Statement. - The City of Asheville established an I-26 Connector Project Aesthetics Committee on April 24, 2018, and the initial committee members were approved on July 24, 2018 via Resolution # 18-192. - Sam Schwartz Consulting, LLC has prepared a report on behalf of the I-26 Connector Project Aesthetics Committee that is currently being reviewed by the NCDOT. - The work for the Aesthetics Committee included reviewing the possibility of reducing the overall French Broad River crossing's footprint, the possibility of reducing the project’s impact on property within Asheville, and maintaining the anticipated capacity of the proposed design. - This work was much more involved and included more feedback from the committee than anticipated.  Committee(s): - None Pro(s): - Through the efforts of Sam Schwartz Consulting, LLC, the NCDOT and the City of Asheville have been able to agree on design tweaks that support the City’s goals. Con(s): - None Fiscal Impact: - Funding for the $7,000 increase will come from previously budgeted Capital Improvement Program contingency funds.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-06-22","mt":"regular","id":"II-G","ref":"RES 21-133","it":"resolution","t":"Resolution authorizing the City Manager (contract extension - Consent item G)","desc":"Background: - This extension will be the second and final one year extension to the original contract and brings the total value of the contract to $96,666. - The contract is for maintenance of City-owned planting beds throughout the City. - The extension will take effect at the end of the current extension (July 7, 2021) and run through July 7, 2022. - The bids for the contract were opened on July 17, 2019 and the following bids were received: Rivertop Contracting of Swannanoa, NC $32,222 per year Smith and Lloyd Landscaping of Asheville, NC $58,110 per year BuckTom Services of Asheville, NC $66,000 per year B.H. Graning Landscapes of Sylva, NC $92,315 per year Appalachian Paving and Concrete of Swannanoa, NC $119,800 per year Vendor Outreach Efforts: - Outreach was not performed due to this being an extension. - This is the final extension for this contract. When the next contract is bid, staff will make a special effort to do appropriate outreach to try to attract minority and women owned businesses. Efforts will include listing the project on the State’s Interactive Purchasing System, contacting minority contractors currently known to the City and searching the NCDOT and State of North Carolina Office for Historically Underutilized Business databases for MWBE contractors.  Committee(s): - N/A Pro(s): - Will help maintain city-owned planting beds and islands. Con(s): - In some areas the work may temporarily impede pedestrian or vehicular traffic. Fiscal Impact: - Funding for this contract is in the Fiscal Year 2021-2022 Public Works Department budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-06-22","mt":"regular","id":"II-H","ref":"RES 21-134","it":"resolution","t":"Resolution authorizing the City Manager (Consent item H)","desc":"Background: - This software is used to track the energy consumption and carbon emissions from the City’s buildings which supports Resolution 11-77, the City’s 80% carbon reduction goal. - This will be the third year the City has utilized this software vendor. - This software demonstrates that carbon emissions from city facilities are predominately from electricity consumption (74%). - Through the use of the Dude Solutions Energy Manager software system, the Office of Sustainability and Capital Projects Department have been able to confirm energy savings from efficiency projects. - For example, the city experienced a 5% reduction in carbon emissions in City Hall following the boiler replacement project. - Dude Solutions Energy Manager software demonstrates that the most carbon intensive buildings are the Mills River Water Treatment Plant, Harrah’s Cherokee Center, North Fork Water Treatment Plant, the Municipal Building, and City Hall. - The Office of Sustainability and Capital Projects Department utilize this software to identify renewable energy opportunities to help mitigate the City’s carbon emissions from buildings. - Additionally, Dude Solutions is utilized by the Capital Projects Department for facilities work order system allowing an opportunity to connect the two systems. Vendor Outreach Efforts: - In 2017, staff performed outreach through a solicitation process which included posting on the State’s Interactive Purchasing System - No MWBE firms submitted bids with this prime contractor.  Committee(s): - None Pro(s): - The contract also includes importing energy usage from the City’s Duke Energy bills which otherwise takes considerable staff capacity. - The software is compatible with the City’s facilities work order system. - This may enable the City to more easily track and measure efficiency projects such as lighting, HVAC upgrades, and track maintenance requests for the solar energy systems that are a new city asset. Con(s): - None Fiscal Impact: - This contract has a fiscal impact of $39,352.17 for fiscal year 2022. The three year total will be $117,205.10. - The Green Savings account will be utilized to fund this contract.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-06-22","mt":"regular","id":"II-I","ref":"RES 21-135","it":"resolution","t":"Resolution adopting an ethics policy","desc":"Background: - This is a formal policy to establish ethical standards of conduct for advisory board members. - The policy will help ensure that all public meetings are a welcoming, respectful, safe, and productive atmosphere to conduct business. - Topics covered within the policy include Meeting Rules of Deorum; Operating Code of Conduct; Harassment; Social Media, and Conflict of Interest for advisory board members - The policy provides the Board Chair, Council Liaison, City Staff Liaison with the authority to further investigate and/or enforce violations of this policy. - On November 23, 2010, City Council adopted Code of Ethics for Asheville City Council. Vendor Outreach Efforts: - N/A  Committee(s): - Boards & Commissions Council Committee - June 8, 2021 - Unanimously recommended to full Council. Pro(s): - Establish guidelines for ethical standards of conduct for board and commission members - Helps ensure that public meetings are welcoming and respectful of members, staff and community members. Con(s): - None noted. Fiscal Impact: - None.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-06-22","mt":"regular","id":"II-J","ref":"ORD 4383","it":"ordinance","t":"Budget amendment associated with the (Consent item J)","desc":"Background: - In May, 2018, Council authorized the issuance of a Limited Obligation Bond Anticipation Note (BAN) in an amount not to exceed $48 million. - In March, 2021, Council approved resolutions authorizing City staff to proceed with the issuance of long-term fixed rate Limited Obligation (LOBs) and Special Obligation (SOBs) Refunding Bonds to pay off the existing amount utilized on the BAN. - The funds generated from the issuance of the Refunding Bonds, which totaled $35.4 million, were used to pay off the existing bond anticipation note and so do not represent additional money available for City use. - The Fiscal Year (FY) 2020-21 budget did not include appropriations reflecting the funds generated from the issuance of the Refunding Bonds. - This technical amendment incorporates these appropriations into the budget in order to ensure that the General Fund does not exceed the approved annual budget in the City’s annual financial reporting.  Committee(s): - None Pro(s): - Amends the FY 2020-21 General Fund budget in order to ensure statutory budgetary compliance. Con(s): - None Fiscal Impact: - There is no net fiscal impact from this technical budget amendment. - It will amend the FY 2020-21 budget in the General (2100) Fund to reflect the receipt of refunding proceeds from the bank and the subsequent payment to bondholders to pay off the prior debt issuances.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-06-22","mt":"regular","id":"II-K","ref":"RES 21-136","it":"resolution","t":"Resolution authorizing the City Manager (Consent item K)","desc":"Background: - The building at 99 Riverside Drive was constructed in the 1960s. - A recent survey showed that the existing loading dock is located on the City right-of-way. - The “Old Wood Company” operated at this site has closed after twelve years in business. - The space will now have a new tenant. - The new tenant would like to use the old loading dock in the front of the building as their new entrance. - There is ample area between the loading dock and the new improvements completed as part of RADTIP. - Staff believes that granting this easement will in no way impede the flow of pedestrian, bike and auto traffic along Riverside Drive. - The Real Estate Office has proposed a permanent easement instead of an encroachment, because this improvement is a permanent part of the building and is an existing issue. - A survey has been completed and the easement area is 312 square feet. - The property owner will be charged fair market value for the square footage that is needed, for a total amount of $5,000.  Committee(s): - None Pro(s): - City staff has determined the granting of this easement will in no way impede traffic on Riverside Drive. - The City is being compensated $5,000 which is fair market value. Con(s): - The City will be losing some right of way. Fiscal Impact: - The City is being paid $5,000 for this easement.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-06-22","mt":"regular","id":"II-L","ref":"ORD 4384 / ORD 4385","it":"ordinance","t":"Ordinance amending Chapter 13, Article II, and ordinance amending the Fiscal Year budget","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2021-06-22","mt":"regular","id":"II-M","ref":"RES 21-137","it":"resolution","t":"Resolution authorizing the City Manager to accept land donation at Old Haywood Road and Eastview Circle","desc":"Background: - The City was approached by Anne and Michael Powell who reside in Georgia. - They asked if the City was interested in land that was owned by Ms. Powell’s late father, Robert Hunter. - The parcel is 0.12 acres and is located across the street from Fire Station #10 at the corner of Old Haywood Road and Eastview Circle. - It is vacant land with no improvements. - The Real Estate Office contacted the Fire Department and they indicated they would have a useful purpose for the land. - The Fire Department intends to place a basic shed on the property for storage associated with the Fire Station #10. - This triangular shaped parcel has a tax assessed value of $4,000 and is being donated by the heirs of Robert C. Hunter’s Estate, heirs of Joseph L. Hunter’s and Heirs of Edward B. Shoff. - The City has commissioned an Environmental Phase I for this property and the transfer of land will not be finalized until the site receives a clean report.  Committee(s): - None Pro(s): - This land could be used to provide much needed storage for Fire Station #10. - The land is being donated at no cost to the City. Con(s): - The City will no longer be receiving property tax revenues. Fiscal Impact: - The donation of the land comes at no cost to the City.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2021-06-22","mt":"regular","id":"II-P","ref":"RES 21-138","it":"resolution","t":"Resolution amending the 2021 City Council meeting schedule to add a worksession on the American Rescue Plan Act on July 27, 2021","desc":"Background: - Homeward Bound is proposing a permanent supportive housing (PSH) apartment project for our homeless population. - The agency intends to acquire the Days Inn located at 201 Tunnel Road. - This project will be an adaptive reuse of the existing motel and will create 85 affordable housing rental units for people experiencing chronic homelessness. - The motel sits on a 2.95 acre site and contains 128 guest rooms in two, 2 story buildings. - Homeward Bound will convert 85 of the 128 rooms into permanent supportive housing units by adding a small kitchenette to each of the 85 units. - The remaining rooms will be converted into office space for case managers, program managers, clinical staff, a permanent supportive housing director, and other agency staff. Space will also be provided for community partners to deliver on-site supportive services to residents. - A Phase 1 Environmental Review / Environmental Assessment has been conducted with no findings. - Housing units are targeted to special needs and underserved populations. - This is a critical strategy in ending chronic homelessness and a key component of the Continuum of Care, providing an exit from homelessness for people with the most complex needs. - The project will be affordable housing in perpetuity with a deed reflecting this agreement. - The total project cost is estimated at approximately $12.6 million with $6.5 million associated with property acquisition. - The requested funding, as outlined below, will be used entirely for property acquisition. - Homeward Bound anticipates closing on the property by August 14, 2021. - Homeward Bound is seeking funding from the following sources for acquisition: Funding Source - Acquisition Amount City of Asheville $2,000,000 Dogwood Health Trust $2,000,000 Buncombe County $2,000,000 Private Donor $500,000 TOTAL $6,500,000 Homeward Bound anticipates needing $6,900,000 to upfit the property for Permanent Supportive Housing & $1,214,262 in annual operation costs, with annual revenues anticipated at $1,236,900. - Homeward Bound has requested that the City’s funds be structured as a grant to Homeward Bound in the amount of $2 million for acquisition costs to provide 85 permanent supportive housing units. - While the City has not determined the source of funds, the City is committed to providing formal approval, recognizing that Homeward Bound hopes to close on this acquisition by  August 14, 2021, and that the lives of the chronically homeless in our community will greatly benefit by expediting this project. - The City understands that this commitment is important for Homeward Bound as it seeks other governmental/HUD sources of support for acquisition and renovation.  Committee(s): - Housing & Community Development Committee - May 18, 2021 - Approval 3-0 Pro(s): - This funding would support 85 permanent supportive housing units. - The proposed project is targeted to end homelessness for at least 85 people experiencing chronic homelessness, which aligns with the City of Asheville’s Consolidated Plan goals. - This investment per unit will be $23,529 which is below our per unit investment for permanently affordable housing. - Permanent Supporting Housing Project can save a jurisdiction or municipality anywhere from $17k to $37k per person. Con(s): - None noted. Fiscal Impact: - Staff is analyzing potential funding sources, including Housing Trust Fund, General Obligation (GO) Bonds, or American Rescue Plan Act (ARPA) funding. - Financial analysis will be completed prior to presentation to City Council in July or August 2021.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2021-06-22","mt":"regular","id":"II-Q","ref":"","it":"motion","t":"Motion to support Homeward Bound in its purchase of the Days Inn located at 201 Tunnel Road","desc":"","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2021-06-22","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to conditionally rezone 70 Mills Gap Road (continued)","desc":"At the applicant’s request,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2021-06-22","mt":"regular","id":"V-A","ref":"ORD 4386","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2021-22 Annual Operating Budget","desc":"Finance Director Tony McDowell said that this is the consideration of adopting the Fiscal Year 2021-22 Annual Operating Budget. Background: - The Fiscal Year (FY) 2021-22 Proposed Annual Operating Budget was presented to City Council on May 25, 2021. - In accordance with the North Carolina Local Government Budget and Fiscal Control Act, a summary of the Proposed Budget along with a notice of the Public Hearing was published on May 28, 2021. - City Council conducted a public hearing on the Proposed Budget on June 8, 2021. - The following changes have been made to the Proposed Budget since it was presented to Council on May 28, 2021: - At the June 8, 2021, meeting, City Council took action to amend the FY 2020-21 Budget to budget $2.1 million from the White Lab sales proceeds for Reparations. - With Reparations funding approved in the current fiscal year budget, staff has removed the $1.2 million in funding that was included in the FY 2021-22 Proposed Budget. - An additional $25,000 is included in the General Fund to budget the revenues and expenses associated with the Reparations Speaker Series. - The FY 2021-22 Proposed General Fund Budget that was presented on May 25th was balanced with an ad valorem tax rate of 41.30 cents per $100 of assessed value, which was 3 cents above the revenue-neutral rate. - In the Budget Ordinance being considered tonight, staff has revised the proposed ad valorem tax rate down by 1 cent to 40.30 cents per $100 of assessed value. - In order to keep the FY 2021-22 General Fund Budget balanced at this lower ad valorem tax rate, staff is proposing the following adjustments: - Utilize $1.0 million in American Rescue Plan (ARPA) funding to support transit operations, which will allow the City to reduce the General Fund transfer to the Transit Services Fund by $1.0 million in FY 2021-22. - Increase the FY 2021-22 sales tax revenue budget by $400,000 based on updated estimates and continued strong growth in retail sales as the economy recovers from the COVID-19 pandemic. - Appropriate $500,000 in unassigned fund balance based on projections that unassigned fund balance in the General Fund will exceed the City’s 15% policy goal.  Committee(s): - N/A Pro(s): - Ensures City’s compliance with North Carolina General Statutes that require local governments to adopt a balanced budget ordinance by July 1 of each year. - General Fund budget is balanced for ongoing operating expenses and all essential City services are continued. Con(s): - None Fiscal Impact: - As noted above, the Proposed FY 2021-22 General Fund budget is balanced with an ad valorem tax rate of 40.30 cents per $100 of assessed value, which is 2 cents above the revenue neutral tax rate. - The Proposed General Fund budget includes $150,000 to fund the City’s participation in Buncombe County’s new Homeowner Grant Program which is designed to help mitigate the impact of property tax increases for low-income homeowners. Mr. McDowell said that the proposed budget is based on internal work, Council priorities, and community input including a continuation of the reimaging public safety process. The proposal is a balanced and fiscally responsible budget. It funds investments in Council priorities through a property tax rate above revenue neutral. It funds core community services in a time of rising costs. And, it continues funding for the capital improvement program. Work will continue during the next fiscal year, including reimaging public safety, reparations and strategic use of American Rescue Plan Act funding to achieve goals. The Fiscal Year (FY) proposed budget was presented to City Council on May 25. City Council conducted a public hearing on the proposed budget on June 8. He then outlined the adjustments to the proposed budget (1) adjustment for reparations funding; and (2) adjustment to property tax rate. Mayor Manheimer said that the public hearing on the budget was held on June 8, 2021, and no further comments will be accepted.","c":"Transportation","mo":"individual","mv":"Smith","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":1,"mr":"contested vote","sq":16},{"d":"2021-06-22","mt":"regular","id":"VI-A","ref":"RES 21-139","it":"resolution","t":"Resolution updating the Land Use Incentive Grant Policy","desc":"Community Development Programs Director Paul D’Angelo said this is the consideration of updating the Land Use Incentive Grant Policy. Background: - In November of 2010, City Council first adopted a Land Use Incentive Policy that provided incentives to encourage development projects that fulfill important public purposes directly addressing annual strategic goals set by Council such as affordable housing. - Council directed that the Policy be reviewed yearly after its adoption. - Since that time, the Policy has been revised six times in March of 2011, January of 2013, August of 2014, September of 2015, September of 2018, October of 2019 and November of 2020. - A continued goal of Community Development, per community discussions with stakeholders and developers, is to make policies easy to comprehend, usable & equated to an investment partnership dollar amount to be used as a source in a proforma / balance sheet. - Changes of note - - Allow a LUIG for partner developers who purchase an existing market rate building and would like to add at least 20% of the units, for individuals and families at or below 80% Area Median Income (AMI), for a minimum of 20 years. - The LUIG is a grant back of the tax value on the full building value, but not the land value. - 25 pts. for converting at least 20% of the units, within 2 years, for individuals and families at or below 80% Area Median Income (AMI), for a minimum of 20 years. - 40 pts. for converting at least 20% of the units, within 2 years, for individuals and families at or below 80% Area Median Income (AMI), for a minimum of 30 years. - 50% of the affordable units should be rented to Housing Choice Voucher holders / Rental Assistance. The developer must demonstrate good faith efforts if 50% of the affordable units are not rented to Housing Choice Voucher holders. - Community Outreach & Engagement for Affordable Units  Committee(s): - Affordable Housing Advisory Committee (AHAC) - May 6, 2021, approved for HCD. - Housing & Community Development (HCD) Committee - May 18, 2021, approved for City Council Pro(s): - The proposed amendments come from staff based on recent usage of the updated LUIG Policy dated November, 2020, and developers interested in adding affordable units to their purchase to be a part of the solution. - Potential quicker addition of affordable units (within 2 years) versus waiting for new construction. - The policy follows Community Development efforts of creating policies that are easy to comprehend, usable & equated to a partnership investment dollar amount to be used as a source in a proforma / balance sheet. - Additional clarity from an Equity lense with our Equity & Inclusion Department. Con(s): - Concern of foregoing / reduction of future property tax dollars in exchange for affordable housing. Fiscal Impact: - Future LUIG grant subsidies should remain the same or could potentially increase if we are able to preserve affordable housing units with this update. - Like all LUIG updates, the more use of this policy as an affordable housing tool would require a higher yearly budgeted amount to cover the grant of the property taxes. Mr. D’Angelo explained that this LUIG update will allow existing market rate units to convert to affordable units to help preserve and protect affordable housing. Affordable units from existing housing stock can be added more quickly than new construction which can take 2 to 3 years to come online. We are asking our development partners to assist more with the acceptance of Housing Choice Vouchers - Individuals & Families at or below 60% Area Median Income. There has been community outreach and marketing for equity & inclusion. He then explained the City’s role in affordable housing which is to produce, preserve and protect affordable housing in partnership with funding, city-owned land, regulatory and convener/collaborator. With the current LUIG, every 5 points can earn one year of economic incentive. Equivalent to City property taxes (with full improvement calculated) in excess of currently assessed city taxes at the time of LUIG application for one year applied annually, to be dated from the date of release of all occupancy permits for the project. LUIG not to exceed 20 years plus one. LUIG’s are paid with General Fund dollars and are budgeted annually. With the updated LUIG, every 5 points can earn one year of economic incentive. Equivalent to City property taxes (with full improvements calculated) in excess of currently assessed city taxes at the time of LUIG application for one year applied annually, to be dated from the date of release of all occupancy permits for the project. LUIG not to exceed 20 years plus one. For adding affordable units to an existing all market rate rental complex, the tax value on the building will be granted back but not the land value. Twenty-five points for converting at least 20% of the units, within 2 years, for individuals and families at or below 80% Area Median Income for a minimum of 20 years. Forty points for converting at least 20% of the units, within 2 years, for individuals and families at or below 80% Area Median Income for a minimum of 30 years. Mr. D’Angelo then gave examples for new construction and conversion. Other changes of note is that at least 20% of the units must meet the affordability standards set by the City of Asheville for individuals and households earning 80% or less of the Area Median Income, which would include at least 50% of the affordable units accepting Rental Assistance like Housing Choice Vouchers.  Regarding community engagement and outreach for the affordable units for equity & inclusion, whether building new or purchasing old, Community Development expects our development partners to reach out to organizations, groups, and stakeholders about the affordable units coming online for rent. Community Development encourages our development partners to outreach and engage with all their neighbors in the immediate vicinity of the build or building purchase. At a minimum, Community Development requires the builder to outreach and meet with, in a timely lease-up manner, the following organizations - Housing Authority of the City of Asheville; Homeward Bound; Mountain Housing Opportunities; Asheville Area Habitat for Humanity; Thrive Asheville; Asheville-Buncombe Community Land Trust; OnTrack, the nearest neighborhood association; and all churches and businesses within a half mile. Councilwoman Turner said we gave good tools around new construction, and that this is one way we can now tap into the preservation and protection of existing homes, whether it’s a single-family home, an apartment complex, or a four-plex. In response to Councilwoman Roney's question about the possibility to consider a \"ban the box\" initiatives as part of the City's LUIG program, City Attorney Branham said that, generally speaking, many of the rules around housing are governed by federal laws and outside of City authority. He would have to explore that more deeply before offering a final opinion. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/14U-PRxoiNlUdHU7S-_gt3dDhH6BoIWuF/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2021-07-27","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on June 22, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-07-27","mt":"regular","id":"II-B","ref":"RES 21-140","it":"resolution","t":"Resolution revoking Resolution No. 19-185 and authorizing the City Manager to purchase non-health-benefit-related insurance policies","desc":"Background: - In 2019, Asheville City Council adopted Resolution No. 19-185; authorizing the City Manager to purchase non-health benefit-related insurance policies and issue property claim-related payments up to $500,000. - Annually, the City of Asheville (City) renews policies to provide coverage against risk exposures, including but not limited to: excess workers’ compensation and liability (general liability, public officials, employee practices, and law enforcement), dam liability, property (structures/vehicles/equipment), crime, cyber, flood, and builder’s risk, when necessary. - All policies are quoted via the City’s Insurance Broker of Record to ensure appropriate coverages are obtained from the commercial insurance market. - Annually, Asheville City Council approves policy premium costs budgeted within the City’s Workers’ Compensation and Property & Liability Funds. - City property insurance premium increased from $463,026 in Fiscal Year (FY) 2021 to $649,660 in FY 2022 as a result of insurance market rate increases and six (6) large loss City claims filed since 2016, totalling $1,758,578 reimbursed to the City via insurance proceeds. - In order to (1) purchase policies at the new market rate (up to $750,000 per policy); and (2) pay City property claim-related expenses, authorization can be delegated to the City Manager .  Committee(s): - June 25, 2019, Finance and Human Resources Committee recommended approval of","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-07-27","mt":"regular","id":"II-C","ref":"RES 21-141","it":"resolution","t":"Resolution authorizing the City Manager (Consent item C)","desc":"Background: - This contract amendment will expedite lead service line inventory data collection for lead and copper revisions and help with public outreach and education. - The U.S. EPA Lead and Copper Rule Revision (LCRR) requirements provide three years for the water departments to implement a service line inventory, work with schools and daycares to set up sampling plans/schedules and plan a public outreach program. - This contract amendment is needed to meet these goals. - The three year contract will provide the data tracking platform and help with the service line inventory and customer education. - If the City decides to continue working with 120Water, we will reserve the option to renew for an additional two years to provide sample kits and analysis for schools/daycares and compliance sampling that is required starting in 2024 and in 2025 should we be required to return to annual monitoring by NCDEQ due to the new rule regulations . Vendor Outreach Efforts: - This is an amendment to the current contract, therefore no further outreach was performed.  Committee(s): - N/A Pro(s): - Lead and copper revisions will be implemented in a more efficient manner. - Customer education will be readily available. - The Water Resources Department staff will gain a better understanding of service lines in the distribution system. - Schools and daycares will have a better understanding of how to protect the children and families they serve. Con(s): - Failure to adopt an amendment will result in difficulty remaining in compliance with Federal and State regulations. Fiscal Impact: - The Water Resources Department has the funds to encumber the yearly contract amount of $163,770.94 in its operating funds.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-07-27","mt":"regular","id":"II-D","ref":"RES 21-142","it":"resolution","t":"Resolution authorizing the City Manager (Consent item D)","desc":"Background: - The section along SR 1781 (Broadway Street) between US 19-23 (Future I-26) and NC 251 (Riverside Drive) is identified as a needed linkage on the pedestrian plan. - Daily traffic volumes along US 19-23 (Future I-26) in the immediate area of the interchange exceed 60,000 vehicles per day. - Daily traffic volumes along SR 1781 (Broadway Street) in the immediate area of the interchange exceed 8,000 vehicles per day. - The NCDOT has developed the plans and specifications in accordance with their standard policies and procedures for pedestrian facilities. - The NCDOT is fully funding the project. - The City will be responsible for the maintenance activities when the project is completed.  Committee(s): - None Pro(s): - Increases the inventory of completed sidewalk sections. - NCDOT is fully funding the construction of the sidewalk section. - Enhances pedestrian flow and safety through a high traffic volume interchange area. - Provides a needed connection to University of North Carolina Asheville (UNCA) facilities. Con(s): - The City is responsible for all maintenance activities. Fiscal Impact: - There is no immediate fiscal impact to the City and future maintenance activities would be addressed with the Public Works Department’s annual operating budget along with other existing sidewalk needs.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-07-27","mt":"regular","id":"II-E","ref":"RES 21-143","it":"resolution","t":"Resolution authorizing the City Manager (Consent item E)","desc":"Background: - Several roof leaks in the building envelope have been identified at the Public Works Building A Facility, located at 161 S. Charlotte Street. - The roofing membrane at this facility has reached its end-of-life. - To maintain operations at the facility, a new roofing system must be installed. - This project will also see repairs or improvements to other building envelope items such as the skylight system, masonry, window sealants, and through wall flashings. - This project was identified for replacement in the Capital Projects Priority Schedule. - Bids were advertised on May 13, 2021. - The City received and opened three bids on June 10, 2020. - The names of the contractors and bid amounts (with selected alternates) are listed below: - J Bartholomew Construction, LLC. Hendersonville, NC $496,400 - Nations Roof of Carolina, LLC. Charlotte, NC $948,000 - WNC Roofing, LLC. Fletcher, NC $837,520 - J Bartholomew Construction, LLC. was the lowest responsible responsive bidder. - Due to Covid-19 disruptions causing roofing material shortages, the contractor will be given 275 days from the date of the Notice to Proceed to execute the work, substantial completion for all work will be limited to the end of Spring 2022. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - - No MWBE firms submitted bids with this prime contractor.  Committee(s): - None Pro(s): - These repairs or improvements will give the building’s envelope another 20 years of usable life. - The new roofing membrane material will be compatible with fluid applied membrane applications in the future, resulting in lower planned maintenance costs for the remainder of the building’s usable life. Con(s): - During construction, some modest disruption will be seen and heard by building occupants. Fiscal Impact: - Funding for this contract is already included in the Adopted Capital Improvement Program budget.","c":"Community Programs","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-07-27","mt":"regular","id":"II-F","ref":"RES 21-144","it":"resolution","t":"Resolution updating the fee rebate (Consent item F)","desc":"Background: - In March of 2011, City Council adopted a Fee Rebate Policy as part of a broader Land Use Incentive Grant (LUIG) Policy to incentivize development of affordable housing in accordance with Council strategic goals. - A fee rebate is a refund of certain development and planning related fees that may be granted in accordance with this policy upon completion of an affordable housing project. - The City of Asheville Fee Rebate Policy for Affordable Housing & Sustainability was updated on October 22, 2019, adopted by the Asheville City Council by Resolution 19-244. - Highlights included making Fee Rebates a stand alone policy, incorporating tiered rebates based on affordability, adding sustainability rebates, and up front fee waivers. - The current Fee Rebate Policy states - - The applicant should expect the application to be considered in four meetings open to the public: 1) at a regular meeting of the Housing and Community Development Committee; 2: at a regular meeting of the Finance & Human Resources Committee; 3) at a regularly scheduled City Council meeting, when a motion to hold a public hearing will be formally considered; 4) at a regularly scheduled City Council meeting when the public hearing will be heard, and the grant request will be formally considered by Council. - Approval of a Fee Rebate Grant under this Policy requires a public hearing and approval by the City Council. - With the generally lower dollar amounts of Fee Rebates & Fee Waivers, and a yearly budget, Community Development and Development Services staff feel Fee Rebates & Waivers can be managed, monitored and approved at a Staff Level, without the added time of committee & council meetings. - As with other policies, the Fee Rebate Policy will continue to be reviewed yearly after its adoption in partnership with other departments, stakeholders and the community. - After review with the partners, CD staff feel the added steps of committees and Council is not necessary for this affordable housing tool.  Committee(s): - Housing & Community Development Committee June 15, 2021- CD update / move to Council Pro(s): - The proposed policy update comes from staff, community stakeholders, developers and committee members over the past year. - The policy follows Community Development efforts of creating policies that are easy to comprehend, usable and equated to an investment amount to be used as a source in a pro forma. - The policy will save time for staff, committees, Council and the applicant.  Con(s): - None Fiscal Impact: - None","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-07-27","mt":"regular","id":"II-G","ref":"RES 21-145 / ORD 4387","it":"resolution","t":"Resolution authorizing the City Manager and budget amendment from the American Rescue Plan","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-07-27","mt":"regular","id":"II-H","ref":"RES 21-146","it":"resolution","t":"Resolution authorizing receipt of (Consent item H)","desc":"Background: - The American Rescue Plan Act (ARPA) of 2021, which is designed to facilitate the United States' recovery from the devastating economic and health effects of the COVID-19 pandemic, was signed into law by President Biden on March 11, 2021. - As a part of ARPA, the City of Asheville will receive $26.2 million. - City staff has begun facilitating discussions with Council to develop a plan for utilization of Asheville’s $26.2 million in ARPA funding. - In addition to adoption of the plan and the budget amendment(s) associated with usage of ARPA funding, staff at the UNC School of Government are recommending that, in accordance with G.S. 160A-17.1, local government boards take action to authorize receipt of ARPA funding and delegate responsibility to execute any necessary agreements related to ARPA funding to the City Manager.  Committee(s): - None Pro(s): - Provides authorization for the City of Asheville to receive ARPA funding. Con(s): - None. Fiscal Impact: - Allows the City to move ahead with planning for and budgeting the $26.2 million in ARPA funding.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-07-27","mt":"regular","id":"II-I","ref":"RES 21-147","it":"resolution","t":"Resolution authorizing the City Manager (Consent item I)","desc":"Background: - The three Pack Square Park fountains were evaluated in Fall 2020. - At that time, due to vandalism and repeated flooding of the vault, there was no power or water to the site. - Without power and water the operability of the equipment could not be fully evaluated. - In March 2021,the City entered into a design-build contract with WPLaw Incorporated (Fountains Division) of Lexington, SC to repair the Splasheville fountain for $214,765. - The initial repairs have been completed. - However, when the water and power were restored, additional essential equipment was not working including the main pump motor and chemical pumps. - These additional funds allow for the equipment to be replaced and for the fountain to be placed back into operation. Vendor Outreach Efforts: - This is a change to an existing contract. - Outreach for the original contract included staff performing outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor and all work will be self performed by the prime contractor.  Committee(s): - Not applicable. Currently the Parks and Recreation Advisory Board is not meeting. Pro(s): - This contract amendment will fund the restoration of a highly used downtown amenity. - The new equipment will provide a more reliable fountain feature. Con(s): - None Fiscal Impact: - Funding for this contract is included in the Pack Square maintenance budget in the Parks and Recreation Department's Adopted General Fund budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-07-27","mt":"regular","id":"II-J","ref":"RES 21-148","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Terminix for pest control in various City of Asheville buildings","desc":"Background: - This is an annual renewal of an existing contract. - This renewal will put the total contract price at $97,500. - This renewal will continue general pest control in various COA Buildings through June 30, 2022. - This service will be bidded as a multi year contract that will start on July 1, 2022. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses. - There are no known minority and women owned businesses available for pest control services in the area.  Committee(s): - N/A Pro(s): - Avoids lapse in pest control service. Con(s):  None Fiscal Impact: - Funding for the contract is included in the current adopted budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-07-27","mt":"regular","id":"II-K","ref":"RES 21-149","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Gleeson Builders LLC for the Broadway Public Safety Station project","desc":"Background: - The Broadway Public Safety Station will be a 21,831 sq. ft., three story combined use facility comprised of a fire station (Fire Station 13), a police substation, an emergency operations center (EOC), and a community meeting room. - The land for the project was purchased in 2014. - The design for this project started in January 2019. - The project is striving for the LEED Silver green building certification and will include a 60 kilowatt (kW) solar photovoltaic array. - The building is considered an essential facility by the N.C. Building Code and is required to be built to the more robust Category IV structural standard which is used for hospitals, fire, police, and ambulance stations. - There may be some additional cost in meeting this requirement. - This will probably have a similar impact to the LEED certification. - The additional cost of both of these items is in the bid cost - The 1.7 acre parcel is a tight fit for this facility and requires the use of an underground stormwater detention system and a 23 foot tall retaining wall. - Four bids were received and opened on May 20, 2021. The resulting bids, including owner-approved bid alternates, are listed below: Contractor Location Amount Gleeson Builders, LLC Charlotte, NC Branch $ 10,984,000 H&M Constructors Asheville, NC $ 11,735,500 Harper Corporation Asheville, NC Branch Non-Responsive Bid KMD Construction, LLC Salisbury, NC Non-Responsive Bid - Construction schedule: It is difficult to determine the exact schedule for this project at this time. - Due to the uncertainty in delivery and procurement for steel products on this project, the contractor will be provided an initial notice to proceed after steel shop drawings are approved. - Once dates are established for the delivery of steel, the contractor will be provided with a notice to proceed for the remaining construction, which will include a 425 calendar day construction duration. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Gleeson Builders, LLC has committed to expend a minimum of $175,650 with a hispanic-owned business, $1,600 with a woman-owned business, and $101,960 asian-owned businesses, making the total minimum MWBE participation $279,210.  Committee(s): - Board of Adjustment 9/28/2020, Variance approved for setback standards - Urban Forestry Commission 11/16/2020, Alternative Compliance approved for landscape buffer Pro(s): - The facility provides needed life saving service coverage and other city services. - The facility furthers the City’s sustainability goals by seeking the LEED Silver green building certification, and it includes a 60 kw solar array.  Con(s): - The construction schedule may be impacted by material and labor slowdowns due to the pandemic. - Due to the complexity of the project, the facility will cost more per square foot than other municipal facilities. Fiscal Impact: - Funding for this contract will come from previously approved capital project funds. - The total amount of the contract is $10,984,000 plus a contingency for possible change orders of $878,720. Six individuals were opposed to this contract because a new station is not wanted or needed. The funds should be used for low barrier shelters and other services for the homeless. Councilwoman Roney would not be able to support this action as she felt this doesn’t yet address all of our public safety needs. She felt we need to diversify our public safety responses. We have response issues in this location that need to be addressed, but also have a priority need for our land use. The 911 facilities need to be updated. We need to partner with the County on that and start working on paramedicine. She didn’t see that in this proposal. Mayor Manheimer explained that this is a multi-purpose facility which is needed for life saving service coverage for the fire department and other city services.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"contested vote","sq":21},{"d":"2021-07-27","mt":"regular","id":"II-L","ref":"","it":"motion","t":"Motion approving the Board of Alcoholic Beverage Control's travel policy adopted January 26, 2016","desc":"Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its ABC boards to get annual approval of board travel policies from their appointing authorities. Section g (2) of 18B-700 states, “The local board shall annually provide the appointing authority’s written confirmation of such approval…”. The ABC Board formally requests the City of Asheville’s written confirmation of the Asheville Board of Alcoholic Control Travel Policy.","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-07-27","mt":"regular","id":"II-M","ref":"RES 21-150","it":"resolution","t":"Resolution increasing the membership of the Asheville Housing Authority from five to seven commissioners","desc":"On May 30, 1940, The City Council approved a resolution determining that there was a need within the city for a Housing Authority, and requesting the Mayor to appoint an initial board of five commissioners. On June 11, 1940, the original Certificate of Appointment was filed with the City Clerk recognizing the appointment of the initial five commissioners of the Asheville Housing Authority. Pursuant to North Carolina General Statute § 157-5(c), the City Council is authorized to increase or decrease the membership of the Housing Authority board of commissioners in accordance with the limitations prescribed by this Chapter of the State Statutes. City Council now wishes to increase the number of commissioners of the Asheville Housing Authority from five to seven. City Council believes that this change will enhance the Authority’s ability to perform its duty of providing safe and sanitary dwelling accommodations for persons of low income. Now, therefore, the number of commissioners for the Asheville Housing Authority is hereby increased from five to seven, and the initial terms of the new commissioners shall be designated by the Mayor at the time of appointment. These initial terms shall be not less than one nor more than five years. Thereafter, the term lengths shall be consistent with that of the remaining board members. Motion to adopt resolution increasing the membership of the Asheville Housing Authority from five to seven commissioners.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2021-07-27","mt":"regular","id":"II-N","ref":"RES 21-151","it":"resolution","t":"Resolution authorizing the City Manager (Consent item N)","desc":"Background: - Heavy rains in April caused a slope failure on Vance Gap Road. - Public Works staff performed temporary repairs to the slope, but a permanent solution will be required. - The Request for Qualifications (RFQ) was advertised on April 20, 2021, and responses were due by May 5, 2021. - Two responses to the RFQ were received: Gannett Fleming, Inc. of Asheville, NC Vaughn and Melton Consulting Engineers, Inc. of Asheville, NC - Vaughn and Melton received the highest score from the scoring committee. - The scoring committee consisted of representatives from Public Works, Communication and Public Engagement, and Building Safety staff from the Development Services Department. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. Staff also checked the N.C. Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Six MWBE companies were directly contacted regarding the RFQ. - None of these companies submitted a response. - Two of the subcontractors on the design team are women-owned businesses.  Committee(s): - None Pro(s): - This contract will provide a design to stabilize Vance Gap Road which is the only access for the residents. - Successful completion of the project will assure emergency response access and core service delivery to the community. Con(s): - None Fiscal Impact: - This contract will be a not-to-exceed contract. - Funding for this contract will come from the FY21 Capital Improvement Program (CIP) contingency budget.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2021-07-27","mt":"regular","id":"II-O","ref":"RES 21-152","it":"resolution","t":"Resolution authorizing the City Manager (Consent item O)","desc":"Background: - On January 28, 2020, City Council authorized Resolution 20-18 and created the Blue Horizons Community Council to achieve the community-wide renewable energy goal. - On January 28, 2020, City Council approved Resolution 20-19 and authorized an interlocal agreement with Buncombe County to issue a joint Request for Proposals (RFP) to implement and manage the Blue Horizons Project and Blue Horizons Project Community Council for the next three years, depending on availability of funding. - This will be the second year of the three-year period before reissuing an RFP for this work. - Buncombe County advertised the RFP on May 6, 2020, and the County received responses on June 12, 2020. - The County received one response from the Green Built Alliance. - The City and County contracted with Green Built Alliance in fiscal year 2021 to implement the Blue Horizons Project but are required to renew annually based on budget availability. - The Blue Horizons Project will continue to engage our community to provide cost effective services, programs, and products through investment in clean renewable ways to power Buncombe County and the City of Asheville to support the community-wide renewable energy goal and climate emergency resolution. - As of July 2021, the Blue Horizons Project has facilitated 100 homeowners to get solar power for their homes. - The Rocky Mountain Institute has created a map to display where the impact has occurred to date. Vendor Outreach Efforts: - The Business Inclusion Manager conducted outreach through social media and community and business partners. - City and County staff also conducted an optional virtual Q&A meeting. - No MWBE firms submitted bids.  Committee(s): - None Pro(s): - The Green Built Alliance has been managing and implementing the Blue Horizons Project for the past three years which will establish continuity with the continued program management. - Buncombe County is also contracting with the Green Built Alliance in the amount of $125,000 for the implementation of the Blue Horizons Project. Con(s): - None Fiscal Impact: - $100,000 will be contributed by the City from the FY22 Office of Sustainability budget. - Funding is already budgeted and available.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2021-07-27","mt":"regular","id":"II-P","ref":"RES 21-153","it":"resolution","t":"Resolution authorizing the City Manager (Consent item P)","desc":"Background: - As part of a planned future water transmission main project along Patton Avenue, the Water Resources Department will need to install water mains crossing underneath the road surface of Patton Avenue. - Due to the existing conditions of the project corridor, the method to install said water mains, which will be the most efficient, cost effective, and least disruptive to businesses is by traditional open trench. - As a condition of installing the water mains crossing underneath Patton Avenue via the open trench method, the NCDOT is requiring that the water mains be installed prior to their scheduled resurfacing of the road in the Fall of 2021. - The Water Resources Department is not capable of letting a separate utility construction contract in time to complete the work before NCDOT’s scheduled resurfacing project, and so must utilize department staff to complete these water main installations. - The NCDOT also has a planned stormwater drainage project scheduled prior to their planned resurfacing project and has offered to assist with the installation of the water mains as part of their project to expedite the water main installations. - The NCDOT assistance will include time, equipment, and materials for trench excavation, trench and road restoration, traffic control and job site safety, while Water Resources will provide and install the water mains. - The Water Resources Department will have to reimburse NCDOT for their assistance with the water main installation, which is defined by the NCDOT Construction Reimbursement Agreement. - For the purpose of construction coordination and efficiencies, the City of Asheville Water Resources Department wishes to enter into this Construction Reimbursement Agreement  with NCDOT, which allows the water main work to be performed as part of the NCDOT’s construction project. - This work will be performed during night time hours, 7:00 PM to 7:00 AM and is anticipated to last 4 weeks. - NCDOT has estimated that the cost of their portion of the work for this project will be $150,446.23. Vendor Outreach Efforts: - Not Applicable  Committee(s): - None Pro(s): - Execution of the agreement allows the installation of municipal water lines to be performed under the NCDOT construction project, which will provide construction efficiencies producing cost savings and allow construction schedules to be met. - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service. Con(s): - Failure to execute the agreement hinders the City of Asheville Water Resources Department’s ability to meet obligations to NCDOT for the installation of municipal water lines within the NCDOT right-of-way. - Failure to execute the agreement prevents the installation of municipal water lines from being performed under the NCDOT construction project. This will create difficulties with construction coordination, create a lack of efficiencies, and add to the overall cost of the construction. Fiscal Impact: - The funding needed for this agreement is currently allocated within the NCDOT Projects in the Water Resources Capital Improvement Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2021-07-27","mt":"regular","id":"II-Q","ref":"RES 21-154","it":"resolution","t":"Resolution authorizing the City Manager (Consent item Q)","desc":"Background: - At the May 25, 2021, City Council meeting, the purchase of 50 Asheland Ave. was authorized for the purpose of: 1. planning, designing, and constructing a new and/or expanded downtown transit center in conjunction with 2. a larger mixed-use development to include affordable housing, and 3. to advance racial equity in the development of the property, constructing the improvements, and defining the uses (such as potential partnerships with community land trust(s), community spaces, a “Purpose Built Community” type structure around intention, etc.). - The Federal Transit Administration (FTA) released a Notice of Funding Opportunity for its FY21 “Areas of Persistent Poverty” grant program in mid-July. - The application is due August 30. - The competitive grant program provides funding for projects that help lift communities out of poverty by supporting transit service improvements in underserved communities. - FTA's Areas of Persistent Poverty Program supports “planning, engineering and technical studies or financial planning to improve transit services in any areas experiencing long-term economic distress - The existing Transit Center, and recently 50 Asheland Ave. (aka Talbert Lot), are located within a Census tract that is considered to be an “area of persistent poverty,” which is defined as having a poverty rate of at least 20% between 2014-2018 per Census data. - Projects are expected to address the following criteria: - System condition and service reliability - Enhanced access and mobility - Accelerating innovation - Emission reductions - Barriers to low income housing - Racial equity and barriers to opportunity - Environmental justice - The grant, if awarded, would provide funding to conduct the necessary comprehensive and targeted community engagement to develop a vision, program of uses, and concept design for the future development of 50 Asheland Avenue in accordance with the direction set by Council when the property was purchased. - Extensive community involvement and engagement will be included in the scope of the grant project, and will integrate community leaders, transit riders, and affordable housing advocates into the overall project team to assist in gathering public input. Vendor Outreach Efforts: - N/A  Committee(s): - None  Pro(s): - The grant funding will allow for the City and community to take the next steps toward future development of 50 Asheland Avenue, including expansion of the transit center and providing quality affordable housing. - The funding would also serve to further build relationships among transit riders, affordable housing advocates, and various community stakeholders/leaders and nearby property owners. Con(s): - None Fiscal Impact: - The total project request is $850,000; the match requirement is 10%, or $85,000. - Potential sources include available affordable housing bond funds or other available affordable housing dollars, to be determined if the grant is awarded.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2021-07-27","mt":"regular","id":"II-R","ref":"RES 21-155","it":"resolution","t":"Resolution authorizing the City Manager (Consent item R)","desc":"Background: - Asheville Fire Rescue operates a fire station alerting system for emergency dispatching which is provided by Mach-Alert. - These systems are integrated with the City’s Motorola radio system and deployed at all area fire stations. - Mach Alert is the fire station alerting system that is used in every Asheville fire station to notify firefighters to respond to incidents. - The system is integrated within the city’s radio system and dispatch center to create a single comprehensive notification system. - The Asheville Fire Department has been using the Mach-Alert fire station alerting system since 2016. - Changing vendors for the fire station alerting system at Fire Station #4 would require replacement of the current systems located within each of the fire stations and include replacement of the network infrastructure at the dispatch center. - A stand alone system would be incompatible with the rest of the alerting system and the comprehensive notification across the City would not be possible. Security updates,  upgrades, or expansions of these systems require specific equipment or systems to be procured with sole source methods. Vendor Outreach Efforts: - Sole source procurement allows for products to be purchased exclusively from one vendor to ensure the expansion of an existing system using proprietary components. - In using sole source procurement, there is no further outreach conducted because the items are purchased from a specific vendor.  Committee(s): - None Pro(s): - Provides systems that will continue standardization or compatibility with existing City systems. - This will result in cost savings through reduced operations and maintenance. Con(s): - Sole source procurements may reduce competitive pricing. Fiscal Impact: - The total amount of the purchase for equipment and services is $88,858 which is included in the FY22 budget. - The alternative would be to replace the system with a new system which would be significantly more expensive.","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":16},{"d":"2021-07-27","mt":"regular","id":"II-S","ref":"RES 21-156","it":"resolution","t":"Resolution directing the application (Consent item S)","desc":"Background: - In May, 2018, Council authorized the issuance of a Water Revenue Bond Anticipation Note (Water BAN) draw program in an amount not to exceed $40 million. - The loan was used to reimburse the City for expenses associated with the North Fork Dam project. - The City has drawn down the full amount of the loan, $40 million. - To pay off the Water BAN loan, the City intends to issue long-term, fixed-rate Water Revenue Refunding Bonds in an amount not to exceed $40.5 million in late-September 2021. The bond amount includes anticipated cost of issuance expenses.  Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Converts a short-term variable-rate loan to long-term, fixed-rate refunding bonds. - Spreads capital costs over a longer term to better match the life of the water asset, the North Fork Dam Con(s): - None Fiscal Impact: - Annual debt service payments will increase because long-term fixed rates are higher than short-term variable rate debt. - This increase is included in the City’s long-range financial model for issuing and paying-off debt. - The final amounts of the new debt service payments will be determined on the bond sale date.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":17},{"d":"2021-07-27","mt":"regular","id":"II-T","ref":"RES 21-157","it":"resolution","t":"Resolution authorizing the City Manager (Consent item T)","desc":"Background: - At its July 13, 2021 meeting, the Buncombe County Board of Commissioners approved a Homeowner Grant Program and an interlocal agreement between the City of Asheville and Buncombe County authorizing City of Asheville participation in the program. - As outlined in the agreement, residents who own residential property that they have lived in their primary residence for at least five years and who earn less than 80% of Area Median Income (AMI) as a household will be eligible to participate in the program. - Grantees who apply for the program and meet these criteria, and who reside in the City limits, will receive a maximum grant award of $300 from Buncombe County and $200 from the City of Asheville. - The County will be responsible for administering the program and paying any grants awarded, and thereafter invoice the City quarterly for its share of any grants awarded.  Committee(s): - None Pro(s): - Provides assistance with homeowner costs for City households whose income is below 80% of AMI. Con(s): - None. Fiscal Impact: - The fiscal impact of this new program will depend on the number of participants, and is thus unknown at this time. - The Adopted FY 2021-22 General Fund budget includes $150,000 to fund the City’s participation. - If additional funding is needed, staff will request a budget amendment from unassigned fund balance later in the fiscal year.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":18},{"d":"2021-07-27","mt":"regular","id":"II-U","ref":"RES 21-158","it":"resolution","t":"Resolution authorizing the City Manager (Consent item U)","desc":"Background: - The Water Resources Department has a planned project to install a 24-inch waterline along Patton Avenue from Haywood Road to Florida Avenue. - As part of this project, temporary construction and permanent easements are being purchased for the installation of sections of the planned waterline that must be installed outside existing public rights of way. - As part of the professional services design contract for the project, the Water Resources Department utilized O.R. Colan Associates to appraise the needed easement values and negotiate the price and conditions with the property owners. - The negotiated price of the easement across the subject parcels is $230,075. - Because the easement value is above the $100,000 threshold, we are requesting approval from Council to authorize the City Manager to sign and approve payment for this easement purchase of $230,075. - This project is being coordinated and in partnership with the N.C. Dept. of Transportation. Vendor Outreach Efforts: - Not Applicable  Committee(s): - None Pro(s): - The approval for the purchase of this easement will provide the necessary easement to construct the upcoming water distribution project as designed without modification. Con(s): - Denial of the purchase of the easement would require modification of the planned waterline route and may delay or prevent construction of this critical project. Fiscal Impact: - Funds for the purchase of easements are already budgeted in the Small Waterline Replacement Projects within the Water Resources Capital Improvement Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":19},{"d":"2021-07-27","mt":"regular","id":"II-V","ref":"RES 21-159","it":"resolution","t":"Resolution amending the 2021 City Council meeting schedule (worksession time amended to 2:30 p.m.)","desc":"Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"routine motion type","sq":20},{"d":"2021-07-27","mt":"regular","id":"IV-A","ref":"RES 21-160","it":"public_hearing","t":"Public hearing / resolution to permanently close a portion of unopened right-of-way at 155 Thompson Street","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close a portion of right-of-way at 155 Thompson Street. This public hearing was advertised on July 2, July 9, July 16 and July 23. Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The City is the sponsor of the proposed right-of-way closure near 155 Thompson Street and is exchanging the closed right-of-way with the property owner, who is providing an easement to construct a section of the Swannanoa Greenway. - This closure would not impede any future vehicular transportation connections nor does it conflict with any utility access. - Signs were placed at two locations near the right-of-way announcing the public hearing. - The City Council accepted the greenway easement from an adjacent property owner near this location at the June 8, 2021, meeting. - The right-of-way in question was an extension of Thompson Street but is no longer used as a street. - The City is the sponsor of the proposed right-of-way closure near 155 Thompson Street and is exchanging the closed right-of-way with the property owner, who has provided an easement to construct a section of the Swannanoa Greenway. - The property owner has also provided an easement for a water line that is within the right-of-way being closed. - The length of the proposed closure is approximately 350 ft and the width is 25 ft.  Committee(s): - None Pro(s): - The proposed right-of-way closure in exchange for a greenway easement is mutually beneficial for the City and the property owner. Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 5:25 p.m. and when no one spoke, she closed the public hearing at 5:25 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2021-07-27","mt":"regular","id":"IV-B-1","ref":"RES 21-161","it":"public_hearing","t":"Public hearing: Land Use Incentive Grant for Millstone Management for 66 Long Shoals Road project","desc":"Community Development Programs Director Paul D’Angelo said that this is the consideration of a request for a land use incentive grant for Millstone Management for 66 Long Shoals Road Project This public hearing was advertised on July 16, 2021. Review: - Millstone Management has applied for a Land Use Incentive Grant (LUIG) for their development at 66 Long Shoals per the LUIG policy adopted by City Council and amended on June 22, 2021. - The development consists of 86 rental apartments with 17 of the homes (20%) serving individuals and families earning at or below 80% Area Median Income (AMI) for a minimum of 20 years. - The project consists of one 2.85 acre parcel (PIN# 964479788200000) located within the Asheville city limits at 66 Long Shoals Road near Biltmore Park. - The developer estimates an approximate total development cost of $18M. - Estimated Tax Value of the property is $14.517M post-completion. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of Asheville for households earning at or below 80% of the Area Median Income (AMI). - The affordable units will be affordable to and leased to income-eligible households for at least 20 years. - The proposed development is located inside the city limits. - The proposed development provides residents convenient access to jobs, schools, and services. - The proposed development is over the 70% residential threshold in use based on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive: - 30 total points for affordability, - 20 points for the location, - 20 points for energy efficiency including solar panels, and an additional - 10 points for building in a Non-Qualified Census Tract, - For a total score of 80 points. - Per the policy, this will equal 16 years of grants in the amount of the City Property Taxes payable on the 66 Longs Shoals Development. Proposal: - Affordable Rental Housing - The proposed project will provide seventeen (17) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI, - With 9 (50% of the affordable units) accepting rental assistance, - For an affordability period of twenty (20) years. - Under this category, the project qualifies for 30 points. - Rental Assistance - The proposed project will accept 9 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more. - Under this category, the project qualifies for 10 points. - Superior locational efficiency - The proposed project is located within .25 mile of a 1⁄2 hour transit stop served by an existing sidewalk, - Within 1 mile from a job or urban center, and - Within a .5 mile from a Transportation Amenity. - Under this category, the project qualifies for 20 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star Certification and the use of Solar Panels. - Under this category, the project qualifies for 20 points. - Building in a NON-Qualified Census Tract - The developer is building in a NON QCT, where at least 50% of the households have incomes over 60% of the Area Median Gross Income (AMGI) or a poverty rate under 25%. - Under this category, the project qualifies for 10 points. - Staff has scored the project with 80 points, which qualifies the project for sixteen (16) years of Land Use Incentive Grant.  Committee(s): - Housing & Community Development Committee - July 20, 2021 - Approved Unanimously Pro(s): - The proposed project will provide 17 affordable rental housing units to households earning 80% or less of area median income; - The proposed project will have an affordability period of twenty (20) years; - The proposed project addresses the pressing need for affordable one-bedroom apartments with 8 Studio units and 9 One (1) bedrooms for a total of 17 affordable units; - The proposed project should have a significant economic impact. Construction wages and material purchases will positively affect the local and regional economy; - The 17 affordable units are located near Biltmore Park (walkability score of 43 - car dependent; bike score of 35 - somewhat bikeable, minimal bike infrastructure) and provide employment & shopping options for individuals and families who fall within the 80% AMI incomes. - Millstone Management will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers and Rental Assistance as the development prepares to come online. Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development. Fiscal Impact: - The parcel has a current tax value of $1,638,900 and pays city property taxes of approximately $6,605 annually. - Under the estimated tax value of $14,517,000 post-completion, the annual city property tax will be approximately $58,504. - The difference is $51,899 which would be granted to the property owner annually after payment for 16 years. - For 16 years and 17 affordable units at or below 80% AMI, the city will grant back a total of $830,384 over the 16 years of the LUIG which equals $48,846 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in Council Work Sessions and a subsidy cap noted in the LUIG Policy. - After year 16, the City will receive the approximate $58,504 annually in city tax revenue (depending on future property tax increases, etc.). - Please note the City will still receive property taxes of approximately $6,605 in years 1 - 16. - The City sets aside a budget annually for Land Use Incentive Grants. PUBLIC HEARING TO CONSIDER CONDITIONALLY ZONING 66 LONG SHOALS DRIVE FROM INSTITUTIONAL DISTRICT TO RESIDENTIAL EXPANSION/CONDITIONAL ZONE FOR THE PURPOSE OF TWO 3-4 STORY MULTI-FAMILY RESIDENTIAL BUILDINGS CONTAINING 87 RESIDENTIAL","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":23},{"d":"2021-07-27","mt":"regular","id":"IV-B-2","ref":"ORD 4388","it":"public_hearing","t":"Ordinance to conditionally zone 66 Long Shoals Road from INST to Residential Expansion-Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally rezone 66 Long Shoals Drive from Institutional District to Residential Expansion/Conditional Zone for the purpose of two 3-4 story multi-family residential buildings containing 87 residential units. This public hearing was advertised on July 16 and 23, 2021. Project Location and Contacts: - The project site consists of a moderately sized 2.85 acre parcel located at 66 Long Shoals Rd. (PIN 9644-79-7882). - Owner: Virginia Sawallis Schmidt Trust. Summary of Petition: - Included in this petition is a request to construct 87 multi-family residential dwelling units in two separate, multi-story buildings, along with sidewalk, surface parking and other related site improvements. - The applicant is seeking a conditional rezoning due to the number of units proposed (over 50) classifying this as a Level III Conditional Zoning application. - New building construction includes two multi-family apartment buildings with Building A proposed as a 3/4 split (3 stories on one side and four stories on another) that is not to exceed 45 feet in overall height. - Building B is proposed as a 4/5 split (4 stories on one side and five stories on another) and is not to exceed 57 feet in overall height. - Maximum density in the RES EXP district is 20 units/acre. - A density bonus of 50 units/acre is permitted with a commitment for 20% of the units to be affordable at 80% area median income (AMI) for a minimum period of 20 years. - 17 affordable units (20%) are proposed to be included in this project, which satisfies this requirement. - 125 parking spaces are provided between the two buildings with 27 of those being covered garage spaces and 17 being tandem parking spaces. - Landscaping, open space and tree canopy preservation requirements will be satisfied. - A pedestrian connection between the community and the adjacent high school is proposed. Comprehensive Plan Consistency: - The proposed development supports a number of goals including encouraging responsible growth by providing infill development in targeted growth areas (p. 131) and by increasing the supply of housing, including affordable housing (pp. 179 & 183) in proximity to schools, transit and parks (pp. 246 & 251).  Compatibility Analysis: - The high density residential project is compatible with the small commercial services/offices located on both the east and west sides of the subject property, and the 36 acre campus of TC Roberson High school to the north. - Across Long Shoals Rd. to the south is Lake Julian Park, which provides recreational opportunities to the project.  Committee(s): - Technical Review Committee (TRC) - May 3, 2021 - approved with conditions. - Planning & Zoning Commission (PZC) - June 2, 2021 (hearing) & July 27, 2021 (vote) - approved 6:0. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mayor Manheimer opened the public hearings on both 66 Long Shoals Road issues at 5:37 p.m. and when no one spoke, she closed the public hearings at 5:37 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and ordinance and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":24},{"d":"2021-07-27","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing: Land Use Incentive Grant to RCG (continued to August 24, 2021)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"continuance","sq":25},{"d":"2021-07-27","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to conditionally rezone 99999 Charlotte (continued to August 24, 2021)","desc":"STREET, 276 EAST CHESTNUT STREET and 99999 EAST CHESTNUT STREET FROM COMMUNITY BUSINESS I DISTRICT TO COMMERCIAL EXPANSION/CONDITIONAL ZONE; 3 BAIRD STREET, 15 BAIRD STREET, 19 BAIRD STREET, 23 BAIRD STREET, 25 BAIRD STREET, 132 FURMAN AVENUE and 134 FURMAN AVENUE FROM RM-8 RESIDENTIAL MULTI-FAMILY MEDIUM DENSITY DISTRICT TO COMMERCIAL EXPANSION/CONDITIONAL ZONE; 102 FURMAN AVENUE AND 99999 EAST CHESTNUT STREET FROM RM-16 RESIDENTIAL MULTI-FAMILY HIGH DENSITY DISTRICT TO COMMERCIAL EXPANSION/CONDITIONAL ZONE, ALONG WITH AN AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATION OF 99999 EAST CHESTNUT STREET FROM TRADITIONAL NEIGHBORHOOD TO TRADITIONAL CORRIDOR At the request of the developer,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"continuance","sq":26},{"d":"2021-07-27","mt":"regular","id":"VI-A","ref":"RES 21-162","it":"resolution","t":"Resolution authorizing the City Manager to donate two City-owned properties with affordable housing deed restrictions","desc":"Interim Community & Economic Development Director Nikki Reid said that this is the consideration of a resolution authorizing the City Manager to donate two City-owned lots located on Lufty Avenue and W. Chestnut Street to the Asheville Buncombe Community Land Trust (ABCLT) for $1 each, subject to affordable housing deed restrictions. Background: - The City of Asheville issued a request for proposals to developers on September 9, 2020 for three City-owned properties located on Lufty Avenue, West Chestnut Street, and Kentucky Drive to be used to build affordable housing. - Ultimately, the Kentucky Drive property was removed from consideration, due to challenges with existing deed restrictions. - Staff reviewed proposals in December and January and selected the ABCLT as finalist for the Lufty and Chestnut lots. - Compact Cottages submitted the only other proposal. - The ABCLT has proposed the following for each of the two lots: - Builder: The Juna Group, Inc. (MWBE business) - Tentative Size: 1,400 square feet - Sale Price: $135,000 - Maximum Income: 60% AMI - Construction Timeline: 12 months from closing date - Vision: equitable and diverse communities - The terms of the proposed real estate transaction are: - Donation from the City of Asheville for $1 for each of the lots - Appraised value of W. Chestnut St Lot is $100,000 - Appraised value of Lufty Lot is $85,000 - Affordable housing deed restrictions to carry with the land - Lots are not associated with Urban Renewal and therefore are not subject to the moratorium  Committee(s): - Housing & Community Development Committee, June 15, 2021 recommended approval. Pro(s): - Permanent Affordable Housing within the Community Land trust Model - Ideal locations for in-fill residential development Con(s): - None Fiscal Impact: - Land donation, otherwise no monetary exchange to take place Ms. Reid responded to various questions/comments from Council, some being, but are not limited to, how much will the homes be sold for; what does the permanent affordable housing model look like; who is responsible for managing the sale of the homes; what are the lot sizes; is there an equity component into the process of who purchases the homes; and a request for Asheville-Buncombe Community Land Trust to provide information on their selection and application process. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":27},{"d":"2021-07-27","mt":"regular","id":"VI-B","ref":"RES 21-163 / ORD 4389","it":"resolution","t":"Resolution authorizing a $2M grant to Homeward Bound and associated budget amendment for grant agreement","desc":"","c":"Housing","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":28},{"d":"2021-07-27","mt":"regular","id":"VI-C","ref":"ORD 4390","it":"ordinance","t":"Ordinance amending provisions of the noise ordinance (Chapter 10, Article IV) with staff-recommended decibel limits and nighttime hours","desc":"Development Services Director Ben Woody said that this is the consideration of an ordinance to amend provisions of Chapter 10, Article IV of the Code of Ordinances, concerning noise regulation, with a delayed effective date. Background: - Following a year-long engagement and data collection process, the city postponed the noise ordinance revisions due to the COVID-19 pandemic. - In November of 2020, staff resumed the project and released a draft noise ordinance and received public comment on the draft ordinance. - Following public comment, staff met with key stakeholders and subsequently developed recommended changes to the draft ordinance. - Sound measurement data collected by staff between August 2019 to July 2021 illustrate decibel levels for common activities in Central Business District (CBD), commercial and industrial districts. - Data indicate that all common activity, including outdoor patio and indoor activity, would not exceed the original staff recommended daytime decibel limits. - Measurements indicate that some outdoor special events may exceed decibel limits and require a sound exceedance permit, depending on which decibel levels are chosen. - Decibel limits would not apply to activity in public spaces or right-of-ways. - Staff recommended decibel levels are: - CBD 72/67/62; - Commercial 65/57; - Industrial 70/65. - These recommended decibel levels ensure that some outdoor special events and other loud sources of sound are subject to the sound exceedance permit standards. - Staff recommend a minimum 30-day delayed ordinance effective date to provide adequate time for the establishment of a noise advisory board, the hiring of two staff positions, collection of additional data and establishment of a sound exceedance permitting program. - Development Services will continue to work with the Asheville Police Department to develop enforcement strategies to address noise concerns under the current and future ordinances.  Committee(s): - The Public Safety Committee on June 1, 2021 voted to move forward to the City Council with staff recommendations and revised decibel levels. Pro(s): - The ordinance proposes objective commercial and industrial noise standards that establish clear sound level limits and measurement procedures, thereby allowing sound producers to operate within the legal limits and providing for more effective enforcement by the city. - The ordinance and associated program propose using a residential noise-disturbance standard and community-based approaches to equitably manage chronic noise issues typically found in multi-family developments and within residential settings. - The Reimagining Public Safety initiative identified noise ordinance enforcement as a quality of life issue that can be collaboratively handled outside of traditional policing and in a way that promotes racial equity. Con(s): - Elements of the proposed noise ordinance will require field-based evaluation, and possible modification, to ensure expected outcomes are achieved. Fiscal Impact: - As part of the Reimagining Public Safety initiative, funds have already been allocated for noise ordinance administration and enforcement. - Additional resources may be necessary in the future. Using a PowerPoint, Mr. Ben Woody, Director of Development Services (DSD), said that the staff recommendations are (1) construction - limit hours of operation in all districts; require “After Hours” permit; (2) refuse collection - limit hours of operation in and near residential districts; (3) vehicle exhaust/revving - prohibit in all districts; enforced by Asheville Police Department; (4) commercal/industrial equipment - regulate using decibel standard; 4 dBA penalty for pure tone, continuous sound, cyclically varying sound or repetitive impulsive sound; (5) music overamplification - regulate commercial district/commercial business district events using decibel standard measured at the receiver; regulate public space/right-of-way events using noise disturbance standards; (6) fireworks - limit legal fireworks to public holidays; illegal fireworks remain illegal; limit Tourist baseball fireworks to 12 shows/year on Friday and Saturday until 11:30 p.m; (7) residential neighbors - regulate using noise disturbance standard to enable equitable enforcement; and (8) dogs and animals - consolidate into City Code Chapter 3; administered by DSD Animal Services. He explained Section 10.83 (General Regulation) - Sound originating in public space, rights-of-way and residential districts - noise disturbance standard for equity. Sound originating in CBD, commercial and industrial districts - objective decibel standard for clarity. He explained the following objective decibel standard: Originating District Daytime 7:00 am - 11:00 pm 12:00 am Fri-Sat Nighttime 11:00 pm - 7:00 am 12:00 am Fri-Sat Late Night 2:00 am - 7:00 am (CBD only) Central Business District (CBD)* 75 72 dBA 70 67 dBA 65 62 dBA Commercial* 75 65 dBA 65 57 dBA Industrial 75 70 dBA 65 dBA The decibel levels on the left are the Public Safety Committee recommendations. The crossed through decibel levels are staff recommendations. This chart is updated to reflect the Public Safety Committee recommendation from June 3, 2021. It subtracts 4 dBA for pure tone,  continuous, cyclically varying or repetitive impulsive sounds. It substracts 8 dBA when measured in a residential district (if adopting Public Safety Committee decibel levels). And, sound is measured at receiving property using LAeq1 (average of 1 minute). Regarding the sound exceedance permit, Type 1 is 1-2 events - standard permit application; Type 2 is 3-8 events - standard permit application plus sound impact plan; and Type 3 is 9-30 events - standard permit application plus professional sound impact plan plus permitted as “Performance Center.” (Staff recommends revising Performance Center criteria in the Unified Development Ordinance. A standard permit application would require site plan, event schedule, on-site contact information, and one-week advance notice to addresses within 500’. Staff recommends (1) if the Public Safety Committee recommended decibel levels are adopted that staff recommends including an 8 decibel reduction for sound measured in a residential district; (2) if the original staff recommended decibel levels are adopted, staff recommends NOT including an 8 decibel level reduction for sound measured in a residential district. Staff also recommends a minimum 30 day delayed ordinance effective date. Through considerable discussion, mostly around decibel levels, Mr. Woody responded to various questions/comments from Council. Councilwoman Roney named 521 unique emails among public input she has taken into account for her decision in this matter, including 188 from music industry professionals and 46 with neighborhood complaints, and listed current economic impact and jobs data for the arts industry as supplied by the Asheville Area Arts Council. She took responsibility for the motion she made at Public Safety as intentional, including commercial corridors, which was a compromise based on data, expertise, and the science of sound. While she appreciated our effort to prioritize a staff response through Development Services and beyond policing, which is currently the only response to noise complaints, she had concerns about staffing capacity if we have too strict an ordinance - that we might not be able to meet our own expectations or those of our neighbors with excessive noise in our neighborhoods. She stated that recommendations from the Public Safety Committee air on the side of caution--the City of Asheville has seen racial discrimination in our policies impacting Black, Brown, and poor people. She gave an example of orchestral versus bass-driven music, then shared concern for Asheville's cultural identity, placemaking, and economic mobility. She noted that Council will need to come back for review at a later date to assess the outcomes of this complaint-driven policy. Taking into concerns of the East End/Valley Street Neighborhood Association and Oakhurst, Councilwoman Mosley asked that the ordinance be amended to reflect Tourist baseball fireworks to be on non-consecutive days.","c":"Zoning & Land Use","mo":"individual","mv":"Mosley","sec":"Smith","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"contested vote","sq":30},{"d":"2021-07-27","mt":"regular","id":"VI-C-amend","ref":"","it":"motion","t":"Amendment to repeal Chapter 10 Article IV noise ordinance with modification subtracting 8 decibels in residential districts","desc":"Development Services Director Ben Woody said that this is the consideration of an ordinance to amend provisions of Chapter 10, Article IV of the Code of Ordinances, concerning noise regulation, with a delayed effective date. Background: - Following a year-long engagement and data collection process, the city postponed the noise ordinance revisions due to the COVID-19 pandemic. - In November of 2020, staff resumed the project and released a draft noise ordinance and received public comment on the draft ordinance. - Following public comment, staff met with key stakeholders and subsequently developed recommended changes to the draft ordinance. - Sound measurement data collected by staff between August 2019 to July 2021 illustrate decibel levels for common activities in Central Business District (CBD), commercial and industrial districts. - Data indicate that all common activity, including outdoor patio and indoor activity, would not exceed the original staff recommended daytime decibel limits. - Measurements indicate that some outdoor special events may exceed decibel limits and require a sound exceedance permit, depending on which decibel levels are chosen. - Decibel limits would not apply to activity in public spaces or right-of-ways. - Staff recommended decibel levels are: - CBD 72/67/62; - Commercial 65/57; - Industrial 70/65. - These recommended decibel levels ensure that some outdoor special events and other loud sources of sound are subject to the sound exceedance permit standards. - Staff recommend a minimum 30-day delayed ordinance effective date to provide adequate time for the establishment of a noise advisory board, the hiring of two staff positions, collection of additional data and establishment of a sound exceedance permitting program. - Development Services will continue to work with the Asheville Police Department to develop enforcement strategies to address noise concerns under the current and future ordinances.  Committee(s): - The Public Safety Committee on June 1, 2021 voted to move forward to the City Council with staff recommendations and revised decibel levels. Pro(s): - The ordinance proposes objective commercial and industrial noise standards that establish clear sound level limits and measurement procedures, thereby allowing sound producers to operate within the legal limits and providing for more effective enforcement by the city. - The ordinance and associated program propose using a residential noise-disturbance standard and community-based approaches to equitably manage chronic noise issues typically found in multi-family developments and within residential settings. - The Reimagining Public Safety initiative identified noise ordinance enforcement as a quality of life issue that can be collaboratively handled outside of traditional policing and in a way that promotes racial equity. Con(s): - Elements of the proposed noise ordinance will require field-based evaluation, and possible modification, to ensure expected outcomes are achieved. Fiscal Impact: - As part of the Reimagining Public Safety initiative, funds have already been allocated for noise ordinance administration and enforcement. - Additional resources may be necessary in the future. Using a PowerPoint, Mr. Ben Woody, Director of Development Services (DSD), said that the staff recommendations are (1) construction - limit hours of operation in all districts; require “After Hours” permit; (2) refuse collection - limit hours of operation in and near residential districts; (3) vehicle exhaust/revving - prohibit in all districts; enforced by Asheville Police Department; (4) commercal/industrial equipment - regulate using decibel standard; 4 dBA penalty for pure tone, continuous sound, cyclically varying sound or repetitive impulsive sound; (5) music overamplification - regulate commercial district/commercial business district events using decibel standard measured at the receiver; regulate public space/right-of-way events using noise disturbance standards; (6) fireworks - limit legal fireworks to public holidays; illegal fireworks remain illegal; limit Tourist baseball fireworks to 12 shows/year on Friday and Saturday until 11:30 p.m; (7) residential neighbors - regulate using noise disturbance standard to enable equitable enforcement; and (8) dogs and animals - consolidate into City Code Chapter 3; administered by DSD Animal Services. He explained Section 10.83 (General Regulation) - Sound originating in public space, rights-of-way and residential districts - noise disturbance standard for equity. Sound originating in CBD, commercial and industrial districts - objective decibel standard for clarity. He explained the following objective decibel standard: Originating District Daytime 7:00 am - 11:00 pm 12:00 am Fri-Sat Nighttime 11:00 pm - 7:00 am 12:00 am Fri-Sat Late Night 2:00 am - 7:00 am (CBD only) Central Business District (CBD)* 75 72 dBA 70 67 dBA 65 62 dBA Commercial* 75 65 dBA 65 57 dBA Industrial 75 70 dBA 65 dBA The decibel levels on the left are the Public Safety Committee recommendations. The crossed through decibel levels are staff recommendations. This chart is updated to reflect the Public Safety Committee recommendation from June 3, 2021. It subtracts 4 dBA for pure tone,  continuous, cyclically varying or repetitive impulsive sounds. It substracts 8 dBA when measured in a residential district (if adopting Public Safety Committee decibel levels). And, sound is measured at receiving property using LAeq1 (average of 1 minute). Regarding the sound exceedance permit, Type 1 is 1-2 events - standard permit application; Type 2 is 3-8 events - standard permit application plus sound impact plan; and Type 3 is 9-30 events - standard permit application plus professional sound impact plan plus permitted as “Performance Center.” (Staff recommends revising Performance Center criteria in the Unified Development Ordinance. A standard permit application would require site plan, event schedule, on-site contact information, and one-week advance notice to addresses within 500’. Staff recommends (1) if the Public Safety Committee recommended decibel levels are adopted that staff recommends including an 8 decibel reduction for sound measured in a residential district; (2) if the original staff recommended decibel levels are adopted, staff recommends NOT including an 8 decibel level reduction for sound measured in a residential district. Staff also recommends a minimum 30 day delayed ordinance effective date. Through considerable discussion, mostly around decibel levels, Mr. Woody responded to various questions/comments from Council. Councilwoman Roney named 521 unique emails among public input she has taken into account for her decision in this matter, including 188 from music industry professionals and 46 with neighborhood complaints, and listed current economic impact and jobs data for the arts industry as supplied by the Asheville Area Arts Council. She took responsibility for the motion she made at Public Safety as intentional, including commercial corridors, which was a compromise based on data, expertise, and the science of sound. While she appreciated our effort to prioritize a staff response through Development Services and beyond policing, which is currently the only response to noise complaints, she had concerns about staffing capacity if we have too strict an ordinance - that we might not be able to meet our own expectations or those of our neighbors with excessive noise in our neighborhoods. She stated that recommendations from the Public Safety Committee air on the side of caution--the City of Asheville has seen racial discrimination in our policies impacting Black, Brown, and poor people. She gave an example of orchestral versus bass-driven music, then shared concern for Asheville's cultural identity, placemaking, and economic mobility. She noted that Council will need to come back for review at a later date to assess the outcomes of this complaint-driven policy. Taking into concerns of the East End/Valley Street Neighborhood Association and Oakhurst, Councilwoman Mosley asked that the ordinance be amended to reflect Tourist baseball fireworks to be on non-consecutive days.","c":"Community Programs","mo":"individual","mv":"Roney","sec":"Turner","r":"failed","ta":"2-5","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":1,"mr":"contested vote","sq":29},{"d":"2021-07-27","mt":"regular","id":"VI-D-1","ref":"RES 20-165","it":"appointment","t":"Resolution appointing members to the (board - Karl Katterjohn reappointment)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Citizens-Police Advisory Committee. The terms of Michael Hayes (west representative) and Karl Katterjohn (east representative) expired on June 30, 2021. The following individuals applied for the specific vacancies on the west and east: Mary Ammerman (west), Tim Kelley (west) and Mary Clarissa Marshall (east). It was the consensus of the Boards & Commissions Committee to reappoint Karl Katterjohn for the east representative and reappoint Michael Haynes for the west representative.","c":"Public Safety","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"appointment/reappointment","sq":31},{"d":"2021-07-27","mt":"regular","id":"VI-D-2","ref":"RES 21-164","it":"appointment","t":"Resolution appointing a member to the Mountain (board - Carl Alguire)","desc":"Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Mountain Community Capital Operating Fund. Lynn Smith has resigned as a member of the Mountain Community Capital Operating Fund, thus leaving an unexpired term until April 1, 2023. The following individuals applied for the vacancy: Gilbert Amengual, Carl Alguire, Dane Barrager and Catriona Savage. At the request of the Board Chair, it was the consensus of the Boards & Commissions Committee to appoint Carl Alguire.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"no material signals","sq":32},{"d":"2021-07-27","mt":"regular","id":"VI-D-3","ref":"RES 21-166","it":"appointment","t":"Resolution appointing a member to the (board - Bobbette Mays)","desc":"Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Neighborhood Advisory Committee. The term of Spencer Hardaway (representing 28803 or 28704 zip code) expired on July 1, 2021. The following individuals applied for the vacancies: Bonnie Snyder Hamrick, Sandra K. Smith, Tracy Fagan Brown and S. Elizabeth Likis-Werle.  At the request of the Committee, it was the consensus of the Boards & Commissions Committee to appoint Bobbette Mays (currently serving at-large) to the 28803 or 28704 seat appoint S. Elizabeth Likis-Werle to the at-large seat (currently left open by Ms. Mayes.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CFaR8fw6CkqeOLtAMcJo0UDiOBE0xthF/view?usp=sharing","mat":0,"mr":"no material signals","sq":33},{"d":"2021-08-24","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on July 27, 2021","desc":"Background: - In April 2021, City Council adopted new fees and charges for City services, including  transit bus advertising fees, to become effective July 1, 2021. - Staff inadvertently did not include the full range of updated fees and charges in what was  adopted in April. - The subject action will correct that oversight. - The new fees will become effective as soon as they are adopted.  Committees: - Finance & Human Resources Committee August 18, 2021 - Voted unanimously to  forward onto Council as recommended by staff.  Pros: - The fee updates include additional options to provide more flexibility to potential  advertisers, which staff expects will attract more advertisers. - Revenue from advertising fees supports the transit operating budget.  Con: - A minimal increase in the cost to advertise on City buses.  Fiscal Impact: - Proposed fees are summarized in the attachment to the staff report.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-08-24","mt":"regular","id":"II-B","ref":"ORD 4391","it":"ordinance","t":"Ordinance amending the FY2021-22 Fees & Charges Manual to establish transit advertising fees","desc":"Background: - In April 2021, City Council adopted new fees and charges for City services, including  transit bus advertising fees, to become effective July 1, 2021. - Staff inadvertently did not include the full range of updated fees and charges in what was  adopted in April. - The subject action will correct that oversight. - The new fees will become effective as soon as they are adopted.  Committees: - Finance & Human Resources Committee August 18, 2021 - Voted unanimously to  forward onto Council as recommended by staff.  Pros: - The fee updates include additional options to provide more flexibility to potential  advertisers, which staff expects will attract more advertisers. - Revenue from advertising fees supports the transit operating budget.  Con: - A minimal increase in the cost to advertise on City buses.  Fiscal Impact: - Proposed fees are summarized in the attachment to the staff report.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-08-24","mt":"regular","id":"II-C","ref":"RES 21-167","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Appalachian Sitework","desc":"Background: - The purpose of this project is to address significant drainage issues along Sulphur  Springs Road that cause flooding in the roadway at the low point of the basin (the  intersection with an unnamed tributary of Hominy Creek). - This project will install a new drainage system that addresses the issues and provides a  system that can be expanded with future projects along the contributing side streets. - The minor culvert extension and associated stream stabilization at the inlet and outlet will  address existing steep slopes at the roadway and provide a more sustainable stream  bank that will not be as prone to erosion as the current situation. - Approximately 2,100 linear feet of a new stormwater system will be installed inside the  rights-of-way of Sulphur Springs Road, Covington Road, Clinton Road, and Belmont  Avenue to improve drainage and reduce excessive stormwater on the roadway. - Sulphur Springs Road will be paved following the Stormwater Project as part of Bond  Resurfacing. - The project was advertised on May 28, 2021 and re-advertised on July 8, 2021. - A total of three contractors attended the non-mandatory pre-bid meeting on June 10,  2021. - A formal bid opening occurred on July 29, 2021 at 3:00 pm. - Four (4) bids were received: - Appalachian Sitework Inc. of Waynesville, NC for $990,022.00 - T.P. Howard’s Plumbing Co. Inc. of Fairview, NC for $1,410,000.00 - Teraflex Group, LLC with a home office in Williston, ND and a local office in  Waynesville, NC for $1,482,469.50 - B H Graning, of Sylva, NC for $1,369,628.59 - The lowest responsive, responsible bidder was Appalachian Sitework Inc. - Construction is anticipated to start at the end of September, weather permitting. The  project should be completed in approximately eleven months.  Vendor Outreach Efforts: - The City’s Goal Setting Committee has set an annual aspirational goal for construction  projects at 4.6% MBE participation, in alignment with the City’s Business Inclusion Policy. - Staff performed outreach to minority and women-owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System, the City of  Asheville website, the City of Asheville Twitter account, and requiring prime contractors to  reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers  for subcontracted services. - Stormwater staff also reached out to MWBE contractors that were identified through  Yoruba Life, NCDOT HUB certified website, and The Color of Asheville directory. - Past contractors who have shown interest in bidding on City of Asheville projects were  informed about the project’s advertisement. - During preparation for advertising this contract, the contract was shared with the  Business Inclusion Manager in the Community & Economic Development Department. - Out of the four (4) bids received, none self-identified as a MWBE business owner. - All four (4) bidders indicated that they would be utilizing a MWBE sub-contractor (three  woman-owned, one Black American-owned). - The lowest responsive, responsible bidder - Appalachian Sitework Inc - provided very  thorough documentation on their outreach. - ABI Manager, Rosanna Mulcahy, approved the good-faith effort by the contractor on  August 2nd. - Appalachian Sitework submitted documentation that they would use JLS Company, which  is a WBE business, for paving.  Committee(s): - None  Pro(s): - The Project will install a stormwater system to help alleviate flooding in the roadway,  create more sustainable stream banks, and provide drainage improvements in the  right-of-way. - The Project will provide a properly designed drainage system and stormwater  conveyance inside the right-of-way. - The Project will improve public safety in the neighborhood, as well as reduce damage to  infrastructure.  Con(s): - Construction may be somewhat disruptive to nearby residences and the school. - Efforts will be made to notify residents and other stakeholders, and to minimize  disruptions. - Outreach and coordination with Lucy S. Herring Elementary has already started.  Fiscal Impact: - This project is funded with 2016 General Obligation (GO) Bond funds and Stormwater  Capital Funds. - GO Bond contribution is $20,000.00 to replace existing stormwater infrastructure - Stormwater Capital Fund contribution is $1,168,026.40 to install new stormwater  infrastructure - Paving of side street sections of the project is funded by the Stormwater Capital Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-08-24","mt":"regular","id":"II-D","ref":"RES 21-168 / ORD 4392","it":"resolution","t":"Resolution authorizing FTA FY ARPA Section 5307 urban transit formula funds and budget amendment","desc":"Background: - On March 11, 2021, the American Rescue Plan (ARP) Act of 2021 was signed into law,  which includes $30.46 billion for Public Transportation. - The total funds apportioned to the transit industry under the ARP Act also include $4.25  million for the Asheville Urbanized Area (UZA). - On April 12, 2021, the FTA announced the availability of the ARP Act to support the  nation’s public transportation systems to continue responding to the COVID-19 pandemic  and support President Biden’s call to vaccinate the U.S population. - Additionally, the FTA directed that ARP Act funds be used for payroll and operations  unless recipients certify that it has not furloughed any of its employees. - Similar to the 2020 CARES Act, operating costs of public transit during the public health  emergency, including purchase of personal protective equipment, administrative leave for  operations, or contractor personnel due to reductions in service are all eligible expenses  for ARP funds. - The FTA has indicated that all ARP Act funds must be obligated by September 30, 2024,  and disbursed by September 30, 2029. - At its May 27, 2021, monthly meeting, the French Broad River Metropolitan Planning  Organization (FBRMPO) Board approved and adopted a resolution allocating the  American Rescue Plan Act funding to eligible transit systems in the Asheville Urbanized  Area (AUZA). - The chart on page 2 highlights the amount allocated to each transit system in the AUZA  region. - ARP Act funds will provide 100% of the Federal match of the anticipated funding and do  not require any local match. - Transportation Department staff is working with all sub-recipients on how they will use the  funds allocated to them and will submit an application to the FTA in the amount of $4.25  million by September 30, 2021, for approval. - Transportation Department staff is recommending approving the ARP Act Subrecipient  and Suballocation Agreement to be executed between the City of Asheville and  sub-recipients. - Transportation Department staff submitted the required Federal Split Letter to the FTA  Region VI Office outlining the MPO-approved allocation of ARP Act funds on August 3,  2021. - The budget amendment will provide expenditure authorization for the $4.25 million in  grant funds. - The City’s portion of the funds will be used for transit operations including service  improvements to be implemented in October 2021, and other expenses incurred in  response to COVID-19.   FBRMPO ALLOCATED FY2021 ARP ACT (SECTION 5307) FUNDS   PROPOSED ESTIMATED  DISTRIBUTION/PERCENT DISTRIBUTION/AMOUNT   CIty of Asheville 42.6% $1,812,935   Buncombe County 28.6% $1,217,130   Henderson County 20.4% $867,774   Haywood County 8.3% $354,689   TOTAL $4,252,528    \f Committee(s): - None.  Pro(s): - ARP Act funds will enable the City of Asheville to use federal funds to help offset  operational expenses incurred on or after January 20, 2020, in response to the continued  support of the COVID-19 pandemic, and respond to the President’s call to vaccinate the  U.S. population.  Con(s): - None.  Fiscal Impact: - The ARP Act funds provide 100% of the funding with no local match required.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-08-24","mt":"regular","id":"II-E","ref":"RES 21-169 / ORD 4393","it":"resolution","t":"Resolution authorizing a three-year MOU with the Friends of the WNC Nature Center and donation budget amendment","desc":"Background: - For the past few decades, the Friends of the WNC Nature Center, a 501c3 not-for-profit  fundraising organization, has supported the work of the WNC Nature Center through  cash donations, marketing and promotional activities, special events and membership. - Since the Center embarked on its current Master Plan in 2010, the Friends have  committed over $3 million in capital funding. These dollars have been used in the  construction of the upgraded red wolf exhibit/arachnid adventure playground, the new  front entrance and welcome plaza and the addition of the red panda exhibit to name only  a few. - The Friends will make a $100,000 restricted cash donation to be used by the Nature  Center for capital repairs/improvements and upgrades in FY 21/22 and have pledged to  commit at least $100,000 per year for the next two Fiscal Years. - Additionally, a portion of the Friends' restricted cash donation each year will be used to  foster Diversity Equity and Inclusion at the Nature Center through initiatives and  programs that strengthen existing partnerships between the Nature Center and local  programs/organizations that currently reach audiences from marginalized communities. - The Center will focus on building relationships to enhance existing networks of people,  programs, and partnerships in Western North Carolina working to advance equity and  inclusion, especially as it relates to outdoor education and the environment, across the  Western NC region and particularly within Asheville's communities.  Pro(s): - Continue the strong relationship between the City of Asheville’s Western North Carolina  Nature Center and the Friends of the WNC Nature Center. - $100,000 cash contribution from the Friends of the WNC Nature Center to the City of  Asheville to be restricted for use at the WNC Nature Center to improve and enhance  facilities as well as expand the Diversity, Equity, and Inclusion Programming at the Center  in FY 21/22  Con(s): - None.  Fiscal Impact: - $100,000 in funds for use at the Nature Center to improve and update facilities and  expand Diversity, Equity, and Inclusion programming. - These funds will be accounted for in the City’s General Capital Projects Fund. Under the  previous MOU, revenue from the Friends of the WNC Nature Center went to support  General Fund operations at the Nature Center.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-08-24","mt":"regular","id":"II-F","ref":"RES 21-170","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with JLS Company, LLC","desc":"Background: - The lower parking lot at the Linwood Crump Shiloh Community Center is overdue for  new pavement. - The asphalt parking lot is severely cracked and curbs are misaligned. - New curbs, asphalt pavement, nine new parking spaces, and accessible sidewalks  (connecting the site to the street) are proposed. - This project was advertised for informal bids on June 28, 2012 with bids received by July  21, 2012. - Informal bids were received by the following contractors: - JLS Company, LLC. Skyland, NC $98,105.13 - Harrison Construction Company, Asheville, NC $129,350 - B.H. Graning Contracting Inc., Sylva, NC $149,500 - JLS was the lowest responsive, responsible bidder. - This project is proposed to start in September and last six to eight weeks.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - Bid documents indicate that Appalachian Paving and Concrete, a Women Owned  business of Swannanoa, NC, will be performing work as a subcontractor on this project  for $26,000.  Committee(s): - None  Pro(s): - Resurfaced parking lot and expanded parking along with providing accessibility.  Con(s): - One tree will be removed with this project.  Fiscal Impact: - Funding for this contract is included in the adopted Parks and Recreation Capital  Improvement Funds. Contract cost is $98,105.13 with a 15% contingency of $14,715.75  for a total of $112,820.88.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-08-24","mt":"regular","id":"II-G","ref":"RES 21-171","it":"resolution","t":"Resolution authorizing the City Manager to sign a lease agreement with Climbmax Inc.","desc":"Background: - Climbmax Inc is a recreational climbing facility that has been operating for over twenty  years at 43 Wall Street. - Climbmax leases a portion of the lower level of the property known as the Wall Street  Parking Garage (PIN #9649-20-9249). - This is a unique space because the interior has been outfitted with several different  practice walls with varying levels of difficulty for practice and recreation. - There is also a large rock climbing facade on the exterior of the building for the  experienced climber. - It would require costly improvements to up-fit the space for a more conventional use such  as an office. - The interior contains approximately 2,440 square feet and the exterior consists of ground  area, overhead air space and a portion of an exterior wall of the City’s Parking Garage. - This small business was hit hard during the pandemic because of closures and dramatic  decreases in tourism. - The lease ended in March of 2020 and the owner has continued in the space on a month  to month basis. - As the business attempts to recoup lost revenue, the owner will be required to sign a  conventional lease agreement. - This tenant will pay $1,490 per month or $17,890.92 per year. The rental rate will  increase every year by 3%. - He has requested a one year lease with two (2) three year renewals. - He will continue to be required to have insurance that protects the City from any liability  resulting from climbing wall users.  Committee(s): - None  Pro(s): - The Tenant will continue to be responsible for most internal maintenance such as the  care of the HVAC system. - City is receiving compensation for this space without the costly improvements necessary  to convert to a more conventional use.  Con(s): - None  Fiscal Impact: - Since this property was constructed as part of the Wall Street Parking Facility, the  proceeds from this lease will be recorded as revenue into the Parking Services Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-08-24","mt":"regular","id":"II-H","ref":"RES 21-172 / RES 21-173","it":"resolution","t":"Resolutions approving the 2021 Water Revenue Refunding Bond Order and Bond Resolution","desc":"Background: - An RFQ for the Bundle B suite of sidewalk projects design contract was advertised on  March 31, 2017. The names of the design firms / engineers that submitted RFQs are  listed below:   Anchor QEA, of Asheville, NC Mattern and Craig, of Asheville, NC  McGill and Associates, of Asheville, NC Davenport, of Winston-Salem, NC  Vaughn and Melton Inc., of Asheville, NC Henson Foley, of Huntersville, NC  Siteworks, of Asheville, NC Wetherill, of Raleigh, NC - Mattern & Craig Inc., of Asheville, N.C. was chosen to perform all of the design work  included in the contract. - Work covered by the contract includes surveying, development of construction  documents, permitting, environmental documents, and community outreach. - Right-of-way and easement negotiations were optional services that could be added to  the original contract with Mattern and Craig at an additional cost. - At this stage of design the needed right of way has been determined for both of the  sidewalk projects along Johnston Boulevard and New Haw Creek Rd. - These services are required now in order to acquire the property necessary to build  sidewalks and meet the timeline for completing work before the end of the seven years  allowed for the completion of the general obligation bond projects. - The amount of property that needs to be acquired for these two projects exceeds the  capacity of the City real estate acquisition team to do the work internally.  Vendor Outreach Efforts: - Mattern and Craig was selected and contracted to perform this work in 2017. At the time  that this contract was awarded the firm had selected the subcontractors with whom they  intended to work. In the event that Matten and Craig changes a subcontractor under this  agreement, they will be required to follow the City’s business inclusion practices to seek  qualified Minority and Women owned businesses to perform the sub consulting work.  Committee(s): - None  Pro(s): - Improved connectivity and accessibility for the neighborhoods within the project areas. - Completion of a General Obligation Bond project.  Con(s): - Construction will be disruptive to adjacent residences. - Efforts will be made to minimize disruptions.  Fiscal Impact: - Funding for the Bundle B Sidewalks project is included in the General Obligation Bond  Program.    \fMotion: - Motion to adopt a resolution authorizing the City Manager to execute a contract  amendment for right-of-way acquisition services with Mattern and Craig of Asheville,  N.C., for the 2016 Bond Bundle B suite of sidewalk projects in the amount of $191, 510  plus a contingency of $19,151 (10%) for a total of $210,661.      - RESOLUTION AUTHORIZING THE CITY  MANAGER TO EXECUTE A CONTRACT WITH HARRISON CONSTRUCTION  COMPANY FOR THE SUMMER 2021 ASPHALT PRESERVATION PROJECT  Background: - The main scope of this contract is to provide a one inch layer of asphalt on top of existing  asphalt as a preservation treatment for 2.53 miles of City streets. - The contract was advertised on June 28, 2021 and bids were opened on July 15, 2021. - The following bids were received:  Harrison Construction Company of Asheville, NC $628,485.10  JLS Company of Arden, NC $664,273.05  French Broad Paving of Marshall, NC $835,232.25  Bryant’s Land and Development Industries of Burnsville, NC $868,875.10 - The contract is expected to begin in mid-September and to take approximately 60 days to  complete.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE  databases for potential contractors. - Only one company from an identified disparity group was found in the ten-county area  and staff directly contacted that company. - The company did not bid as a prime, but is listed as a sub with several of the prime  bidders. - Harrison Construction proposes to use two MWBEs on the contract for a total of 17.7  percent of the funds spent on the project. - Of these total 12.6 percent will be spent with a Black-owned company.  Committee(s): - None.  Pro(s): - Contract will provide for the preservation of 2.53 miles of City roads.    \fCon(s): - None  Fiscal Impact: - Funding for this contract is already budgeted in the approved Capital Improvement  Program (CIP).","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-08-24","mt":"regular","id":"II-I","ref":"RES 21-174","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment for right-of-way","desc":"Background: - An RFQ for the Bundle B suite of sidewalk projects design contract was advertised on  March 31, 2017. The names of the design firms / engineers that submitted RFQs are  listed below:   Anchor QEA, of Asheville, NC Mattern and Craig, of Asheville, NC  McGill and Associates, of Asheville, NC Davenport, of Winston-Salem, NC  Vaughn and Melton Inc., of Asheville, NC Henson Foley, of Huntersville, NC  Siteworks, of Asheville, NC Wetherill, of Raleigh, NC - Mattern & Craig Inc., of Asheville, N.C. was chosen to perform all of the design work  included in the contract. - Work covered by the contract includes surveying, development of construction  documents, permitting, environmental documents, and community outreach. - Right-of-way and easement negotiations were optional services that could be added to  the original contract with Mattern and Craig at an additional cost. - At this stage of design the needed right of way has been determined for both of the  sidewalk projects along Johnston Boulevard and New Haw Creek Rd. - These services are required now in order to acquire the property necessary to build  sidewalks and meet the timeline for completing work before the end of the seven years  allowed for the completion of the general obligation bond projects. - The amount of property that needs to be acquired for these two projects exceeds the  capacity of the City real estate acquisition team to do the work internally.  Vendor Outreach Efforts: - Mattern and Craig was selected and contracted to perform this work in 2017. At the time  that this contract was awarded the firm had selected the subcontractors with whom they  intended to work. In the event that Matten and Craig changes a subcontractor under this  agreement, they will be required to follow the City’s business inclusion practices to seek  qualified Minority and Women owned businesses to perform the sub consulting work.  Committee(s): - None  Pro(s): - Improved connectivity and accessibility for the neighborhoods within the project areas. - Completion of a General Obligation Bond project.  Con(s): - Construction will be disruptive to adjacent residences. - Efforts will be made to minimize disruptions.  Fiscal Impact: - Funding for the Bundle B Sidewalks project is included in the General Obligation Bond  Program.    \fMotion: - Motion to adopt a resolution authorizing the City Manager to execute a contract  amendment for right-of-way acquisition services with Mattern and Craig of Asheville,  N.C., for the 2016 Bond Bundle B suite of sidewalk projects in the amount of $191, 510  plus a contingency of $19,151 (10%) for a total of $210,661.      - RESOLUTION AUTHORIZING THE CITY  MANAGER TO EXECUTE A CONTRACT WITH HARRISON CONSTRUCTION  COMPANY FOR THE SUMMER 2021 ASPHALT PRESERVATION PROJECT  Background: - The main scope of this contract is to provide a one inch layer of asphalt on top of existing  asphalt as a preservation treatment for 2.53 miles of City streets. - The contract was advertised on June 28, 2021 and bids were opened on July 15, 2021. - The following bids were received:  Harrison Construction Company of Asheville, NC $628,485.10  JLS Company of Arden, NC $664,273.05  French Broad Paving of Marshall, NC $835,232.25  Bryant’s Land and Development Industries of Burnsville, NC $868,875.10 - The contract is expected to begin in mid-September and to take approximately 60 days to  complete.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE  databases for potential contractors. - Only one company from an identified disparity group was found in the ten-county area  and staff directly contacted that company. - The company did not bid as a prime, but is listed as a sub with several of the prime  bidders. - Harrison Construction proposes to use two MWBEs on the contract for a total of 17.7  percent of the funds spent on the project. - Of these total 12.6 percent will be spent with a Black-owned company.  Committee(s): - None.  Pro(s): - Contract will provide for the preservation of 2.53 miles of City roads.    \fCon(s): - None  Fiscal Impact: - Funding for this contract is already budgeted in the approved Capital Improvement  Program (CIP).","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-08-24","mt":"regular","id":"II-J","ref":"RES 21-175","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Harrison Construction","desc":"Background: - The main scope of this contract is to provide a one inch layer of asphalt on top of existing  asphalt as a preservation treatment for 2.53 miles of City streets. - The contract was advertised on June 28, 2021 and bids were opened on July 15, 2021. - The following bids were received:  Harrison Construction Company of Asheville, NC $628,485.10  JLS Company of Arden, NC $664,273.05  French Broad Paving of Marshall, NC $835,232.25  Bryant’s Land and Development Industries of Burnsville, NC $868,875.10 - The contract is expected to begin in mid-September and to take approximately 60 days to  complete.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE  databases for potential contractors. - Only one company from an identified disparity group was found in the ten-county area  and staff directly contacted that company. - The company did not bid as a prime, but is listed as a sub with several of the prime  bidders. - Harrison Construction proposes to use two MWBEs on the contract for a total of 17.7  percent of the funds spent on the project. - Of these total 12.6 percent will be spent with a Black-owned company.  Committee(s): - None.  Pro(s): - Contract will provide for the preservation of 2.53 miles of City roads.    \fCon(s): - None  Fiscal Impact: - Funding for this contract is already budgeted in the approved Capital Improvement  Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-08-24","mt":"regular","id":"II-K","ref":"RES 21-176 / RES 21-177 / RES 21-178 / RES 21-179 / RES 21-180 / RES 21-181 / RES 21-182","it":"resolution","t":"Resolutions granting permission for possession/consumption of malt beverages/wine at various events","desc":"Background: - This contract has been in place since August 11, 2017, for the service & maintenance of  the Chiller unit at the Harrah’s Cherokee Center. - The contract is a service contract. - Daikin Applied Americas, Inc. performs preventative maintenance for the chiller. - The contract includes 40 hours of repair service time to cover any emergency repairs. - The City is responsible for parts. - There is one more one year extension opportunity on this contract. - City Council approved a one year extension in 2020, revising the total contract amount to  a total of $101,862.  Vendor Outreach Efforts: - When initially contracted, staff performed an informal bidding process which included  outreach to  Minority & Women-Owned Business Enterprise (MWBE) service providers for services. - No MWBE service providers responded.  Committee(s): - None  Pro(s): - Reduced energy consumption with well maintained equipment with intelligent controls. - Immediate, contractual service response for potential outage repairs that are not in the  skill set of current facility staff.  Con(s): - None.  Fiscal Impact: - Funds are budgeted within the Harrah’s Cherokee Center’s contracted services account  ($26,772).","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-08-24","mt":"regular","id":"II-L","ref":"RES 21-183","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract","desc":"Background: - This contract has been in place since August 11, 2017, for the service & maintenance of  the Chiller unit at the Harrah’s Cherokee Center. - The contract is a service contract. - Daikin Applied Americas, Inc. performs preventative maintenance for the chiller. - The contract includes 40 hours of repair service time to cover any emergency repairs. - The City is responsible for parts. - There is one more one year extension opportunity on this contract. - City Council approved a one year extension in 2020, revising the total contract amount to  a total of $101,862.  Vendor Outreach Efforts: - When initially contracted, staff performed an informal bidding process which included  outreach to  Minority & Women-Owned Business Enterprise (MWBE) service providers for services. - No MWBE service providers responded.  Committee(s): - None  Pro(s): - Reduced energy consumption with well maintained equipment with intelligent controls. - Immediate, contractual service response for potential outage repairs that are not in the  skill set of current facility staff.  Con(s): - None.  Fiscal Impact: - Funds are budgeted within the Harrah’s Cherokee Center’s contracted services account  ($26,772).","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2021-08-24","mt":"regular","id":"II-M","ref":"RES 21-184","it":"resolution","t":"Resolution authorizing the City Manager to accept a Shuttered Venue Operators Grant","desc":"Background: - The COVID Relief Bill of December 2020, in part, created the Shuttered Venue Operators  Grant system, administered by the Small Business Administration. This system included  a total of over $15 billion of available assistance funds to be awarded after approved  application. - City staff has applied for and been awarded a total of $1,627,336.57. - These funds will specifically be used to cover Utility and Salary costs incurred by the  enterprise fund between March 1, 2020 and December 31, 2021  Committee(s): - None  Pro(s): - Provides authorization for the City of Asheville to receive SVO Grant funding  Con(s): - None.  Fiscal Impact: - These grant funds will offset revenue losses at the Harrah’s Cherokee Center of Asheville  (HCCA) in prior fiscal years, specifically as noted above, for salary and utility costs  normally covered by HCCA operating revenue.","c":"Community Programs","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2021-08-24","mt":"regular","id":"II-N","ref":"RES 21-185","it":"resolution","t":"Resolution authorizing the City Manager to convey a sewer easement agreement","desc":"Background: - A local property owner has approached the Real Estate Office requesting an easement  on City property in order to connect a new single family home to the only MSD sewer line  in the vicinity. - The owner intends to use the easement to connect a new home to be built on the  adjacent vacant lot. - He provided a map that showed that the connection is at the rear property line and the  easement would consist of 108 square feet. - This map is provided. - There is no other viable sewer connection available. - The map was shared with Al Kopf of the Parks and Recreation Department. - The easement is in an area of Oakley Park that is not well used and it will not limit the  use of the Park by local residents. - The owner of the parcel will compensate the City fair market value for the easement.  Committee(s): - None  Pro(s): - The City is receiving compensation for the easement. - Support the development of a single family house for a family.  Con(s): - There will be temporary disruption on City property during construction.  Fiscal Impact: - City is receiving unbudgeted revenue for the easement in the amount of $ 907.20","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2021-08-24","mt":"regular","id":"II-O","ref":"RES 21-186","it":"resolution","t":"Resolution authorizing the City Manager to execute a renewal aid agreement","desc":"Background: - In August 2013, City Council approved a resolution authorizing a multi-year agreement  with Reem’s Creek Fire Department for automatic aid service. - The City of Asheville has a need to strengthen its standard of response and cover in the  Beaverdam Valley and the Reem’s Creek Fire Department is the most appropriate  organization to provide the service. - The initial agreement costs were $82,656 and as stipulated in the agreement, the costs  are to be adjusted every year based on the consumer price index. - After eight years of positive consumer price index increases, the renewal for the Fiscal  Year (FY) 2021-22 services cost are budgeted at $97,053.90. - This year’s Consumer Price Index for the Southern Region is +5.7% which represents the  agreement increase of $5,320.54 from last year. - The term of the renewal agreement will end June 30, 2022.  Vendor Outreach Efforts: - No other vendors are able to provide this service - There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to  provide this service  Committee(s): - None  Pro(s): - Allows standard of cover to be met greater than 90% of the time.  Con(s): - Fiscal impact.  Fiscal Impact: - Execution of the agreement renewal is budgeted at and costs $97,053.90.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2021-08-24","mt":"regular","id":"II-P","ref":"RES 21-187","it":"resolution","t":"Resolution authorizing the City Manager to ratify and amend the ParaServices transit contract","desc":"Background: - On September 24, 2013, Council approved a resolution authorizing the City Manager to  contract with Buncombe County to provide paratransit services through Mountain  Mobility. - On August 25, 2020, Council approved a resolution authorizing the City Manager to ratify,  amend and increase the contract amount by $1.3 million to pay for invoices remaining in  FY 2020 and pay for paratransit services rendered during FY 2021. - Staff is requesting approval of a change order to include $1.3 million in the contract to  pay for paratransit services to be rendered during FY 2022. - The contract currently has a balance of $185,552.23 and will increase to $1,485,552.23  when the change order is processed in Munis, - Funding for the contract is budgeted in the FY 2022 Transit Operations Budget. - Per N.C. General Statute §160A-461, inter-local agreements must be ratified by the City  Council. - This action includes ratification of the original 2013 agreement, as well as the  amendment to increase funding in the service contract for the provision of paratransit  services for FY 2022.  Committee(s): - None  Pro(s): - Ensures sufficient funding is available to pay for services as required by the contractual  agreement.  Con(s): - None  Fiscal Impact: - Funding for the contract amount is included in the adopted Transit Services Fund budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2021-08-24","mt":"regular","id":"II-Q","ref":"ORD 4394","it":"ordinance","t":"Technical budget amendment to account for fire protection revenues","desc":"Background: - The Asheville Special Fire Protection & Ambulance and Rescue Service District of  Buncombe County comprises the Biltmore Estate property, and portions of the Haw  Creek District. - It is served by the Asheville Fire Department for fire protection and rescue services. - The County levies a special property tax in the Asheville Special Fire Protection &  Ambulance and Rescue Service District and appropriates those funds to the City of  Asheville. - Sales taxes are also distributed based on the proportion of ad-valorem tax levies within  the County. - As part of the agreement with Buncombe County approved by Council on June 8, 2021,  the City is required to begin accounting for the property and sales tax revenue received  as part of the agreement in the Special Revenue Fund. - The City has historically accounted for this revenue in the General Fund. - The Adopted FY 2021-22 Budget included these revenues as part of the General Fund  budget; this technical budget amendment will provide authorization to record the  revenues in the Special Revenue Fund as required by the agreement.  Pro(s): - Brings the City into compliance with the terms of the agreement.  Con(s): - None  Fiscal Impact: - There is no net fiscal impact as this revenue was included in the General Fund as a part  of the FY 2021-22 Adopted Budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":16},{"d":"2021-08-24","mt":"regular","id":"II-R","ref":"RES 21-188 / ORD 4395","it":"resolution","t":"Resolution accepting NRDC grant funding for the City's Food Policy Action Plan and budget amendment","desc":"Background: - In November 2017, the Asheville City Council approved the Municipal Food Policy Goals  and Action Plan by adopting Resolution 17-257. - The adopted plan included a focus area of Resource Stewardship. - Within the resource stewardship focus area, the plan outlines a need to create an  actionable plan for city food waste recovery, composting, and redistribution. - In FY21, the NRDC project selected the City of Asheville’s Office of Sustainability to  participate in a Southeast regional cohort with Atlanta, Memphis, Nashville, and Orlando  to develop food waste reduction initiatives. - In FY21, the City of Asheville’s Office of Sustainability initiated pilot projects to increase  food waste reduction and educate residents on opportunities for decreasing residential  and commercial food waste. - At the January 12, 2021 City Council meeting, the City Council approved this  budget ordinance and resolution 21-6 authorizing the City to accept FY21 grant  funds to support the implementation of the City’s Food Waste Reduction  Campaign. - Utilizing the FY21 funds, the project: - produced a food waste reduction proclamation, - assisted the Food Waste Solutions-WNC networking entity to launch a  new public education website (www.wncfoodwaste.org), - developed and implemented a community engagement campaign and  social media campaign, - printed education materials for community partners, and a home food  waste challenge. - Additionally, food waste snapshot audits were conducted at three city facilities to  better understand waste reduction and diversion opportunities. - During FY21 internal preparations and logistics were completed to facilitate the  launch of a public food scrap drop off pilot project in FY22. - NRDC extended new funding into FY22 to deepen connections and collaboration with  Buncombe County and continue strategic food waste reduction work in Asheville and  Buncombe County. - FY22 grant funds will be used for food waste reduction outreach and education efforts. - Project efforts include: - Public Food Waste Reduction collaboration with Buncombe County staff, - Snapshot food waste audits at city and county facilities, - Community compost drop off pilot program launch, and - Public outreach and education campaign. - NRDC Grant recipients are not required to provide a cash match.  Committee(s): - None  Pro(s): - Helps support City’s Food Policy Action Plan Resolution while leveraging NRDC funding - Engage with regional partner cities to connect, collaborate, and share best practices - Collaborate with Buncombe County staff to develop and execute waste reduction  initiatives  Con(s): - None  Fiscal Impact: - No City match is required.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"routine motion type","sq":17},{"d":"2021-08-24","mt":"regular","id":"IV-A","ref":"ORD 4397","it":"ordinance","t":"Public hearing/ordinance to conditionally rezone 1617 Hendersonville Road and adjacent properties to Commercial Expansion-Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally rezoning properties located at 1617 Hendersonville Road from Institutional District and RM-16 Residential Multi-Family High Density District to Commercial Expansion/Conditional Zone; 14, 18, 28, 38, 39, 48, 49, 55, 58 and 59 Glastonbury Lane from RM-16 Residential Multi-Family High Density District to Commercial Expansion/Conditional Zone; 9, 15, and 17 Hastings Court from RM-16 Residential Multi-Family High Density District to Commercial Expansion/Conditional Zone; and 1, 2, 3, 5, 6, 7, 19, 21, 22, 32, 42, 52, 57 and 62 Lincolnshire Loop from from RM-16 Residential Multi-Family High Density District to Commercial Expansion/Conditional Zone. This public hearing was advertised on August 13 and 20, 2021. - The project site is located on a large 120 acre parcel located at 1617 Hendersonville Rd.  (PIN 9645-89-9707). - In addition, the rezoning request includes an additional 27 parcels located within the  community, as identified in the application. - Owner: Deerfield Episcopal Retirement Community Inc.  Summary of Petition: - This petition is to construct a large expansion of the existing Deerfield retirement  community along with associated site improvements including parking, open space and  sidewalk connections. - The applicant is seeking a rezoning via conditional zoning due to the overall size and  non-residential nature of some of the community facilities. - The project area is concentrated on approximately 38 acres located in the  south/southeast portion of the Deerfield campus and will include multiple new buildings  and building expansions that, in sum, will be over 800,000 square feet and will include:  - 234 independent dwelling units  - 75 assisted living units  - 26 additional skilled nursing and community facilities  - 362 off-street parking spaces, and  - expanded community facilities - The project is proposed to be built in two phases and per the proposed master plan will  include:  Phase 1  A - A 21,500 square foot expansion of the existing skilled nursing facility, adding two  levels with 26 new units.  B - A 9,000 square foot expansion of the existing multipurpose room (Blue Ridge  Room)  C - A new 45,000 square foot, two-story parking deck with 128 spaces  D - A new 220,000 square foot, five-story independent living facility with 90 units and  90 parking spaces located under the building.  E - A new 61,800 square foot, three-story building that includes a 30,200 square foot   \f community center on the ground floor and 24 assisted living units on the second  and third levels above the shared community space (Building E will connect to  Building G in the future for a total of 148,000 square feet).  F - Two new 36,000 square foot, three-level multifamily “hybrid homes” buildings that  are three stories with 12 units each and 12 parking spaces located under each  building.  I - A future 2,500 square foot grounds/facilities/maintenance building.  Phase 2 - future  G - A future 86,200 square foot, three-story assisted living expansion containing 51  units.  H - 10 future “hybrid homes” (identical or substantially similar to “F”). - The tallest building will not exceed 65 feet and the architectural style of all structures will  be consistent with the existing community character. - Access into the community will remain unchanged with entrances located on  Hendersonville Rd., Racquet Club Rd. and Valley Springs Rd. - Stormwater infrastructure, roads, sidewalk and open space will continue to be privately  maintained. - Outdoor community open space is provided and scattered throughout the community,  including in the areas where the new construction/expansions are occurring. - An innovative stormwater management system is proposed that is designed to collect  and direct stormwater from rooftops and yard basins into a natural looking mountain  stream amenity for the residents of the community. - This water may also be used for irrigation in the landscape. - Tree canopy preservation and other landscaping will be provided as required. - The proposed plan appears to meet or exceed these requirements. - Approximately 27 acres in the northwest corner of the campus falls within the Blue Ridge  Parkway Overlay; however, the subject project area is not located within the overlay and  is therefore not restricted. - The COM EXP zoning district requires 10 foot wide sidewalks throughout the community  and the applicant is proposing sidewalks that range in width from five to eight feet,  depending on context and location on the site.  Comprehensive Plan Consistency: - The proposed development supports a number of goals including encouraging  responsible growth by providing infill development in targeted growth areas and along  transit corridors and by enhancing the community’s walkability and access to outdoor  spaces. - The project also provides a naturalized stormwater management system thereby  supporting goals for green stormwater infrastructure and improving the community’s  resilience.  Compatibility Analysis: - The project is integrated into the existing Deerfield retirement community and is,  therefore, consistent and compatible with that community that already provides a full  range of housing types and support services. - Additionally, the community itself is compatible with both the surrounding zoning and land  uses and transitions well from the low density single family uses to the west to the  Hendersonville Rd. commercial corridor to the east.  Council Goal(s): - This project is most closely aligned with the council goal of A Well-Planned and Livable  Community.    \fCommittee(s): - Technical Review Committee (TRC) - April 19, 2021 - approved with conditions. - Planning and Zoning Commission (PZC) - June 2, 2021 (hearing) and July 7, 2021 (vote)  - approved unanimously 6-0.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Ms. Tuch then outlined the conditions: (1) Technical modification (sidewalks); (2) Mix of uses (predominantly residential & uses in support of residences); (3) Mix of housing types; (4) Extensive landscaping and open spaces; and (5) Innovative stormwater management system.   When Councilwoman Roney asked what efforts are being made to reduce the environmental impact through this property, Ms. Tuch said that they have done a significant retrofit of existing facilities to reduce energy use and as they build new, they will apply the same energy strategies.   Mr. W. Louis Bissette Jr., attorney representing Deerfield, gave a brief background of Deerfield.   Mr. John Harrell, from THW Design, briefly went over the site plan. He then reviewed the existing campus map of Deerfield. Their master plan consists of a 90 unit independent living building; community center with assisted living units on upper levels (two phases); 12 unit independent living “hybrid” buildings (two or more phases); 2 level parking deck; new multi-purpose room expansion; 26 bed skilled nursing expansion; grounds maintenance building; and site amenities and new loop road. He outlined the several current energy conservation measures. He explained their energy conservation in new construction, along with several planning considerations/goals. He showed a rendering of the assisted living activity lawn and pictures of the facility and trail network.   In response to Councilwoman Kilgore regarding affordable housing and the need for more diversity, Mr. Bissette said that two years ago Deerfield, in conjunction with their residents, made a $250,000 contribution to the Asheville Affordable Housing Fund. He also explained that if one of their residents cannot pay their fee, they provide funding for those individuals. They have also done extensive work with Habitat for Humanity. They are proud of their community efforts. Councilwoman Turner also noted that Deerfield also made a $100,000 donation to hire staff for the Community Land Trust.   Mayor Manheimer opened the public hearing at 6:17 p.m. and announced that there were no advanced live call-ins for this item. She then closed the public hearing at 6:17 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2021-08-24","mt":"regular","id":"IV-B","ref":"ORD 4398","it":"ordinance","t":"Public hearing/ordinance to conditionally rezone 144 and 159 Riverside Drive","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally rezone 144 and 159 Riverside Drive from River Arts District - Open Space and River Arts District - River to River Arts District - Open Space/Conditional Zone and Commercial Expansion/Conditional Zone to construct a 6-story mixed-use building with 160 residential dwelling units and 14,000 square feet of commercial. This public hearing was advertised on August 13 and 20, 2021. - The project site includes a single 1.29 acre parcel located at 144 Riverside Dr. (PIN  9638-88-8040, and a single 2.95 acre parcel located at 159 Riverside Dr. (PIN  9638-88-9364). - Owner: Riverlink Inc.  Summary of Petition: - The proposed development project is located along Riverside Dr., just south of  Interstate-240. - The majority of the project, including all of the new building construction, will occur on  159 Riverside Dr. located on the east side of Riverside Dr., and includes a six-story,  mixed-use building with 134 dwelling units, 14,000 square feet of commercial space, 182  off-street parking spaces and other related site improvements. - The total building square footage, excluding the parking podium, is approximately  144,600 square feet. - The 159 Riverside Dr. parcel is proposed to be conditionally rezoned to COM EXP - CZ. - 144 Riverside Dr., which is located across the street on the west side of Riverside Dr., is  included to meet Tree Canopy Preservation requirements and will be conditionally  rezoned separately to RAD-OSP CZ. - Future uses and/or development on the 144 Riverside Dr. parcel will be limited to those  allowed in RAD-OSP and subject to the UDO’s technical and process standards, and the  design and operational standards found in the River Arts District Form District code. - The applicant is seeking a conditional rezoning due to the number of residential units  (over 50) and the overall size of the building (over 100,000 s.f.). - 159 Riverside Dr. is under a brownfield agreement and development of the site must  comply with the conditions of this agreement. - Buildings in this area of the River Arts District (RAD) are limited to five stories or seven  stories when 20% of the residential units meet affordable housing standards. - The project includes six stories for a portion of the building and is offering 5% of the total  number of units (7 units) to be affordable to those earning 80% of Area Median Income   \f (AMI) for a period of 20 years. - The project also provides a number of other public benefits (see Plan Consistency  below). - While the proposed building exceeds the number of stories proposed the height is less  than the 70 foot height limit. - 159 Riverside Dr. is located within the 100 year floodplain for the French Broad River. - 144 Riverside is located in the floodway and 100 year floodplain, limiting future use of this  property. - The applicant proposes to elevate the first floor of the building to be above the base flood  elevation with structured parking below in order to comply with flood regulations. - The existing historic mill building on the northern end of the project site is proposed to be  preserved and will connect to the new construction. - An eight foot wide sidewalk is proposed in front of the building on 159 Riverside Dr. - A six foot wide planting strip separates the sidewalk from the Riverside Dr. - Vehicular access to the off-street parking is proposed to be located at both ends of the  site (north and south) off of Riverside Dr. - A separate entrance to the structured parking is located at the back of the building and  accessed directly from the parking lot. - The subject property is located within the River Arts District Form Code area and while a  conditional zoning is required, the design requirements of the form district will still apply. - The applicant is seeking modifications to certain development requirements including:  1. Exceeds the maximum number of stories - the River Arts Form District  controls the visual impact of new construction by establishing standards that  regulate a vertical height measurement and the number of stories. The proposed  project meets the maximum 70 foot height requirement but exceeds the  maximum story height of five stories by one story, resulting in a six-story building  for approximately half of the building.  2. Exceeds the maximum driveway width - the driveway entrance on the south  side exceeds the maximum driveway width of 24 feet by two additional feet due  to fire department access requirements.  3. Exceeds the maximum building length - building facades greater than 200 feet  long must be broken up with openings a minimum of 15 feet wide and 11 feet  high. The primary building facade is over 400 feet long, requiring two  interruptions/openings. The applicant proposes to provide two glass enclosed  openings, allowing light but preventing air movement and the movement of  people from the front to the back of the site. - Staff and the Design Review Committee supported the modifications #s 1 and 2 but  expressed concern about #3; however, the majority of the Planning & Zoning  Commissions supported all three modifications requested. - Landscape requirements apply and include street trees, parking lot screening and  parking lot landscaping. - Open space is not required, however, Tree Canopy Preservation (“TCP”) is, and the  proposed plans indicate full compliance utilizing the parcel across the street at 144  Riverside Dr.  Plan Consistency: Living Asheville Comprehensive Plan The proposed development supports the following goals in the Living Asheville Comprehensive Plan: - Encouraging responsible growth by providing infill development in targeted growth areas  and near transit corridors. - Increases the supply of housing, including affordable housing. - Developing underutilized sites, including brownfield sites. - Enhances bike and pedestrian infrastructure and improves overall walkability and access  to open space. - Provides a green roof and stormwater recapture system which supports goals for green  stormwater infrastructure and improving the community’s resiliency. - Preserves the historic mill building and incorporates it into the new construction, meeting  goals for neighborhood identity and creative placemaking.  Wilma Dykeman Riverway Masterplan - The subject property is located in the River Arts District which is identified in the Wilma  Dykeman Riverway Masterplan as an area where mixed-use, mixed income housing that  preserves the industrial heritage of the mills is desired in order to contribute to the unique  neighborhood identity and promote creative placemaking. - The plan also calls for enhanced (multimodal) access to businesses, residents and  recreation opportunities as well as preserved open space and green infrastructure that  will help control and clean storm and flood waters. - The project largely aligns with the aforementioned plan goals.  Compatibility Analysis: - New building construction is located between Riverside Dr. and Norfolk Southern railroad  tracks, both of which are located within wide rights-of-way (100+ feet) that effectively  separate and buffer the project from adjacent uses. - The nearest residence is over 300 feet from the back of the proposed building. - The proposed building is oriented towards Riverside Dr. as required by the River Arts  Form Code and River District Design Guidelines, and includes an enhanced pedestrian  zone and streetscape that connects the project to the public use areas. - The proposed use and design is consistent with the existing Future Land Use designation  of Traditional Corridor which calls for mixed-use development with buildings located close  to the street and enhanced multimodal access.  Committee(s): - Technical Review Committee (TRC) - April 19, 2021 - approved with conditions. - Asheville Area Riverfront Redevelopment Commission (AARRC) - May 13, 2021. The  Commission heard a summary of the project and expressed appreciation for the  materials, design and enhanced streetscape but expressed concerns over the safe  movement of pedestrians from the greenway and open space areas across the street and  also offered recommendations to substitute native riparian plant species for some of the  plant material proposed. - Design Review Committee (DRC) - June 3, 2021. The Committee reviewed the  proposed project and recommended approval of the design with the following conditions:  1. The building design is adjusted to include the building pass-through in  accordance with the form code at 159 Riverside Dr.;  2. The project provides vegetated screening along the parking lot proposed at 144  Riverside Drive in accordance with the guidelines;  3. The width of the sidewalk is adjusted to widen the planting strip at the northern  end of 159 Riverside Dr., and,  4. No signage is applied to the historic smokestack. - Note: the applicant subsequently modified their plans addressing conditions #2-4. - Planning and Zoning Commission (PZC) - July 7, 2021. The Commission reviewed the  proposed project, along with the recommendation from the DRC, and recommended  approval of the design without conditions, 5:1.   \fStaff Recommendation: - Staff concurs with the PZC recommended approval based on the reasons stated above.   Ms. Tuch explained the following conditions: (1) Technical modifications (stories, pass-through, driveway); (2) Mix of uses (residential & commercial); (3) Affordable housing (5% or 7 units); (4) Structured parking (raising building above base flood elevation); (5) Green roof & stormwater recapture; (6) Preservation of historic structures; and (7) Brownfield site.   Ms. Tuch responded to Councilwoman Turner when she asked for the reasoning behind breaking up the facade if over 200 feet.   Mr. Wyatt Stevens, attorney representing the developer, gave a brief history of the existing property. He then showed various renderings of the mixed use development on 144 and 159 Riverside Drive. He showed the conceptual rendering, along with site plan and elevations.   In response to Councilwoman Roney, Mr. Stevens said that they have made a commitment to use good faith efforts to hire minority contractors and women-owned businesses when available and qualified. In addition, they will hold job fairs and the general contractors will be required to make that same commitment.   There was discussion, initiated by Councilwoman Roney, around whether the developer would be willing to build seven stories in order to get more than 5% affordable units. Mr. Stevens said that they did consider the City’s Land Use Incentive Grant Policy; however, they didn’t qualify and due to the acquisition, development and construction costs of a project of this nature, they would not be able to provide any more than 5% affordable housing.   Mayor Manheimer opened the public hearing at 7:10 p.m.   Ms. Anne Keller, RiverLink’s Board Chair, spoke in support of the conditional zoning as it will bring more activity in the River Arts District.   Mayor Manheimer closed the public hearing at 7:12 p.m.   In response to Councilwoman Turner, City Attorney Branham said that any amendment to the conditions must be accepted by the applicant and the City. If the applicant agrees to the condition, then a motion to amend the conditions would be in order. He reminded Council that we do not have inclusionary zoning laws in North Carolina, which means that there is no means to require any percentage of affordable housing in new development, and therefore the number of affordable housing units should be not considered in your final vote. Council should only consider the impacts to the community and the continuity with approved area plans.   When Councilwoman Turner asked the developer if he would be willing to provide more affordable housing units. Mr. Wyatt said that the applicant has provided as much as he can with 5% and with all due respect, he cannot do anymore.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":1,"mr":"contested vote","sq":20},{"d":"2021-08-24","mt":"regular","id":"IV-C","ref":"ORD 4399","it":"ordinance","t":"Public hearing/ordinance to conditionally rezone 22 Woodfin Place to Central Business Expansion-Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally rezone 22 Woodfin Place from Central Business District to Central Business Expansion District/Conditional Zone to construct a 7-11-story mixed-use building addition containing approximately 40 extended stay hotel suites (80 guest rooms), 115 residential units and 8,000 square feet of commercial space, along with the renovation of an existing 150-room hotel. This public hearing was advertised on August 13 and 20, 2021. - The project site consists of a single 3.55 acre parcel located at 22 Woodfin St, (PIN  9649-41-6829). - Owner: 22 Woodfin St. LLC  Summary of Petition: - This petition is to construct a 7 to 11-story, mixed-use building that wraps around an  existing 150 room hotel, along with associated site improvements including parking, open  space and sidewalk/streetscape improvements. - The project area will take up the entire three and a half acre site and will total  approximately 480,000 gross square feet, including:  - The existing 150 room hotel (87,000 square feet)  - 8 additional standard hotel rooms  - 49 extended stay hotel suites  - 106 residential dwelling units (mix of apartment and condominium)   \f - Approximately 8,000 square feet of non-residential/commercial space at the  ground floor, (possibly including a 3,000 square foot grocery store). - New construction includes approximately 393,000 square feet. - The applicant is seeking a rezoning via conditional zoning due to the overall size (over  100,000 square feet) and height (over 100 feet) of the project. - The subject property is located within the tallest height zone in height. as identified in the  Unified Development Ordinance (“UDO”). - The tallest height zone allows buildings up to 265’ in height. - The maximum height of the proposed building addition is 119 feet-7 inches, as measured  per the UDO. - The subject property is also located within the Hotel Overlay zoning district which allows  large and small hotels. - The resulting hotel use will include 238 guest rooms and will be classified as a large  hotel. - As a conditional zoning application, public benefits as described in Appendix 7-A (Sec.  7-9-7(g)(2)(e) do not apply. - The applicant may choose, however, to incorporate public benefits into their project as a  way to mitigate or offset certain impacts. - An approximately 11,500 square foot green roof is included in the design and public art is  proposed along the wall(s) on Central Ave. - The applicant is also proposing to incorporate building design consistent with two Green  Globes (no commitment for certification). - The applicant may work with the City Council on incorporating additional public benefits  into the project in order to help offset the overall impact of the project. - Affordable housing is not included in the project. - Off-street parking for the hotel use is required; 238 guest rooms require a minimum of  119 off-street spaces. - No parking is required for the other uses. - The project provides 302 off-street parking spaces (174 structured spaces + 128 surface  spaces). - The project also proposes six on-street parking spaces with four spaces proposed along  Woodfin St. and two spaces added to Central Ave. - Vehicular access to the property includes two driveways into the surface parking, one  each on Woodfin St. and Central Ave. - There is an additional driveway into the parking deck proposed on Woodfin St. - The project proposes to reduce the existing two westbound lanes on Woodfin St. to one  lane for approximately 200 feet. - This allows for the addition of four on-street parking spaces in front of the commercial  ground level. - A minimum 10 foot wide sidewalk is required along both Woodfin St. and Central Ave. - Sidewalk ranging in width from 10 feet to 12 feet+ with courtyard space is shown. - Most of the sidewalk will be constructed within the city rights-of-way but a portion will fall  on private property requiring an easement for public use. - Landscape requirements are minimal and limited to street trees, street buffer and parking  lot landscaping. - Open space is not required but Tree Canopy Preservation (“TCP”) is required at a rate of  five percent of the total site. - The project will comply with TCP. - The project proposes a limited “road diet” along approximately ⅔ of the Woodfin St.  frontage, reducing the four travel lanes to three in order to accommodate wider sidewalks  and four on-street parking spaces. - A Traffic Impact Analysis (“TIA”) was required and completed, following the North  Carolina Department of Transportation (NCDOT) and City of Asheville review process. - The study recommended standard signage and markings at the driveways and did not   \f require any mitigation to the surrounding intersections. - The applicant is seeking modifications to certain design requirements including:  - Expanses of blank wall with a horizontal width greater than 20 feet facing Central  Ave. (wall measures approximately 25 feet wide).  - Maximum setback on the Central Ave. facade shall exceed 20 feet in front of the  terrace/courtyard, as shown on the building elevations and site plans (setback  measures approximately 22’).  - The building exceeds the maximum horizontal wall dimension of 145 feet for the  portions over 75 feet in height.  - The lack of windows, doors and other openings along Central Ave. as the grade  of the sidewalk drops below the floor level, which results in a blank wall that is  over six feet in height (wall ranges in height from four to 12 feet).  - Setting aside 50% of the street facing facade as a separate storefront on the  Central Ave. facade (project sets aside 16%).  Comprehensive Plan Consistency: - The proposed development supports a number of Plan goals including:  - Encouraging responsible growth by providing infill development in targeted  growth areas and along transit corridors that are in proximity to employment,  goods, and services.  - Enhancing pedestrian infrastructure and overall walkability.  - Contributing to community placemaking through commitment to public art.  - Providing a green roof system, which supports goals for green stormwater  infrastructure and improving the community’s resiliency. - While the project, as proposed, is aligned with certain key goals found in Living Asheville,  the Plan offers the following comment regarding lodging in the CBD, “While there are a  large number of residential units in downtown, a percentage of them are used only part of  the year, a trend that should continue to be monitored, while applicable short-term  vacation rental strategies and best practices are explored. Lodging is essential to the mix  of uses downtown and while additional lodging uses may be appropriate, they must be  considered in context with other development so that the variety and mix of uses, which  give downtown its distinctive character, is not compromised.”  Compatibility Analysis: - The project is located in the tallest height zone of the CBD (allowing up to 265’ in height)  where large, multi-storied buildings are anticipated. - The proposed building would be the largest building in the area but is designed to  resemble a collection of buildings that would be in keeping with the size and scale of  other blocks. - Additionally, the subject property is not directly adjacent to another parcel and is  separated by road or interstate rights-of-way on all four sides, including controlled access  right-of-way for Interstate 240 on both the west and north sides. - The design and site context helps to mitigate the scale and mass of the project (see  Project Renderings). - Other comparable large/tall buildings in the area include (square footage is approximate):  - Grove Arcade = 200,000 s.f., 3-4 stories  - Harrah’s Cherokee Center = 200,000 s.f., 3-4 stories  - Battery Park Hotel = 170,000 s.f., 13 stories  - Arras Hotel = 200,000 s.f., 17 stories  - Renaissance Hotel = 190,000 s.f., 13 stories - The proposed mix of uses are compatible and similar to the uses in the vicinity, which  include lodging, residential, office, and health and fitness facilities.    \f Committee(s): - Technical Review Committee (TRC) - April 5 & April 19, 2021 - approved with conditions. - Downtown Commission (DTC) - May 14, 2021. The Commission heard a summary of the  project and expressed appreciation for the road diet and streetscape improvements but  also expressed concerns over the Central Ave. facade and the proposed extended stay  hotel units contributing to an imbalance of lodging units in the CBD. - Design Review Committee (DRC) - June 17, 2021. The Committee reviewed the  proposed project, along with the applicable materials, and recommended approval of the  design with the following conditions.  1. The applicant explore pedestrian improvements at the southwest corner of the  project area;  2. Landscaping and/or public art be applied to the wall on Central Ave. to soften the  wall and provide interest for pedestrians; and,  3. The applicant should work with the City Council on incorporating additional public  benefits into the project in order to help offset the overall impact of the project. - Planning & Zoning Commission (PZC) - July 7, 2021. The Commission reviewed the  proposed project, along with the recommendations from the DRC, and recommended  approval with the same conditions as those identified by the DRC, in addition to some  minor revisions to project conditions as suggested by staff.   Note: The applicant has responded to the recommendations and has added a  commitment for art along the Central Ave. facade, addressing condition #2 and partially  addressing condition #3. Green building elements including a green roof and Green  Globe building features were already included in the project as additional public benefits.  The applicant has looked at possible pedestrian improvements to the southwest corner;  however, due to existing site constraints combined with the goal to preserve existing  trees, they were unable to change the sidewalk and ramp design.  Staff Recommendation: - Staff concurs with the DRC and PZC and recommends approval of the project based on  the reasons stated above, also recognizing that the applicant has largely met the  recommended conditions.   Ms. Tuch explained some of the conditions: (1) Technical modifications; (2) Mix of uses (hotel, extended stay hotel, residential, commercial); (3) Green roof; (4) Limited road diet; (5) Art along Central Ave.; and (6) 4 year approval period.   In response to Councilwoman Wisler, Mr. Derek Allen, attorney representing the developer, said that 49 are extended stay units are hotel rooms and they are intended to be a part of the ownership of the project. The 49 units will be owned and operated by the hotel.   Mr. Allen then highlighted some of the items Ms. Tuch reviewed, and outlined two revisions to the conditions: “(1) a new condition - Applicant will make good faith efforts to follow (and will expect its subcontractors to follow) the principles set forth in the Federal Procurement Regulations of 24 CFR 85.36(e) regarding contracting with small and minority firms and women’s business enterprises, as modified as follows: (a) Applicant will take affirmative steps to assure that minority firms and women’s business enterprises are used when possible; (b) Affirmative steps will include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total   \frequirements, when economically feasible, into smaller tasks or quantities to permit; (iv) maximum participation by small and minority business, and women's business enterprises; (v) Conducting job fairs in minority neighborhoods; (vi) Working with the YMI, Mountain Biz Works and other local non-profit agencies that serve the minority communities in Asheville; and (vii) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed this section; and (2) a modified condition no. 4 to read: 4. The proposed building addition (which is built around the existing Four Points hotel building), is approximately 480,000 square feet and includes the following: (a) 116 residential units that will be a mix of condominium and apartment units. A minimum of 10 units will be designated affordable at 80% AMI for a minimum of twenty years and subject to the following restrictions: (i) The rent and income limits will follow the Affordable Housing Standards determined annually by the City of Asheville Community Development Department; and (ii) An Affordable Housing Deed Restriction will be provided by the City and will be filed and recorded by the property owner in Buncombe County Register of Deeds prior to the Project receiving final zoning permit; (b) 49 extended stay hotel suites that will be managed by the hotel per the updated City of Asheville UDO requirements; (c) 7,947 SF of total commercial space along Woodfin Street, including 3,000 square feet for a small grocery store; and (d) 308 total parking spaces, including structured, surface and a small amount of on-street parking.” He explained that they used the public benefits table as a guide for the development. Using that table as a guide for the 49 extended stay hotel units, they have committed to several items, one of which is a commitment of $4,000 per room to be dedicated to either the Housing Trust Fund or the Reparations Fund.   In response to Councilwoman Mosely, City Attorney Branham said that City Council has the flexibility on where to put the $160,000 (4,000 per room of the 49 extended stay hotel units). He said we can structure this so the funds can be donated to the City and Council can make the designation unilaterally and after the fact. The benefits are purely voluntary and does not have a binding effect. It will not be made a part of the conditions.   When Councilwoman Roney asked about how many jobs will likely be at or above 80%, or $20.34/hour, Mr. Allen said that at this stage of the project they did not know the answer to that question.   Mayor Manheimer opened the public hearing at 8:09 p.m.   Three individuals urged City Council not to add any more hotels.   Mayor Manheimer closed the public hearing at 8:15 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.   City Attorney Branham said that the voluntary donation of the $160,000 is outside the scope of the conditional zonings, but the statement has been noted in the record.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":1,"mr":"contested vote","sq":21},{"d":"2021-08-24","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider a Land Use Incentive Grant to RCG LLC for 101 Charlotte Street - continued to September 28, 2021","desc":"At the request of the developer,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"continuance","sq":22},{"d":"2021-08-24","mt":"regular","id":"IV-E","ref":"","it":"public_hearing","t":"Public hearing to conditionally rezone 99999 Charlotte Street and adjacent properties - continued to September 28, 2021","desc":"STREET, 276 EAST CHESTNUT STREET and 99999 EAST CHESTNUT  STREET FROM COMMUNITY BUSINESS I DISTRICT TO COMMERCIAL  EXPANSION/CONDITIONAL ZONE; 3 BAIRD STREET, 15 BAIRD STREET, 19  BAIRD STREET, 23 BAIRD STREET, 25 BAIRD STREET, 132 FURMAN  AVENUE and 134 FURMAN AVENUE FROM RM-8 RESIDENTIAL  MULTI-FAMILY MEDIUM DENSITY DISTRICT TO COMMERCIAL  EXPANSION/CONDITIONAL ZONE; 102 FURMAN AVENUE AND 99999  EAST CHESTNUT STREET FROM RM-16 RESIDENTIAL MULTI-FAMILY HIGH  DENSITY DISTRICT TO COMMERCIAL EXPANSION/CONDITIONAL ZONE,  ALONG WITH AN AMENDMENT TO THE FUTURE LAND USE MAP  DESIGNATION OF 99999 EAST CHESTNUT STREET FROM TRADITIONAL  NEIGHBORHOOD TO TRADITIONAL CORRIDOR   At the request of the developer,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"continuance","sq":23},{"d":"2021-08-24","mt":"regular","id":"S","ref":"ORD 4396","it":"ordinance","t":"Budget amendment to appropriate American Rescue Plan Act funding in the Special Revenue Fund","desc":"Background: - The American Rescue Plan Act (ARPA) of 2021, which is designed to facilitate the United  States’ recovery from the devastating economic and health effects of the COVID-19  pandemic, was signed into law by President Biden on March 11, 2021. - As part of the ARPA State and Local Government Fiscal Recovery Funds (FRF), the City  of Asheville is receiving $26,293,853. - On July 27, 2021, City Council authorized the receipt of the $26.2 million in ARPA funding  and delegated the responsibility to execute any necessary agreements related to ARPA  funding to the City Manager. - The U.S. Treasury Department has issued guidance to describe allowable uses for the  ARPA FRF funding, which centers around these major areas: - Public Health Uses - Negative Economic Impacts - Premium Pay for Essential Workers - Revenue Losses - Investments in Water, Sewer, and Broadband Infrastructure - Crime Response and Prevention. - In regards to revenue losses, the U.S. Treasury Department guidance states that  recipients may utilize ARPA funding for the provision of government services, to the  extent of the reduction in revenue due to the COVID–19 public health emergency, relative  to revenues collected in the most recent full fiscal year prior to the emergency. - Budget staff has calculated the City of Asheville’s revenue loss utilizing the guidance and  formula provided by the U.S. Treasury Department and determined that the City is eligible  to utilize ARPA funding to replace lost revenue. - After analyzing revenue performance in the City’s General Fund and its six Enterprise  Funds since the beginning of the pandemic, staff is recommending that City Council   \f approve the use of $1.6 million in ARPA funding to offset revenue losses in the Parking  Services Fund. - No additional usage of ARPA funding for revenue loss is being recommended by staff. - The budget amendment will appropriate ARPA funding in the Special Revenue Fund  which will then be transferred to the Parking Services Fund.  Pro(s): - Provides funding to allow the Parking Services Fund to offset the operating deficit that  occurred in the fund in fiscal year 2020-21 due to the loss of on-street and garage  revenue from the pandemic.  Con(s): - Reduces the amount of ARPA funding available to address other initiatives  Fiscal Impact: - As noted above, the City will receive $26.2 million in ARPA funding. - If City Council approves this budget amendment for revenue loss, the City will have  budgeted approximately $5.5 million in ARPA funding as detailed in the table below;  leaving $20.7 million available for other initiatives.   Budgeted ARPA Funding To Date Amount   Emergency Non-Congregate Homeless Shelter $1,761,637   Public Portable Toilets $90,000   Homeward Bound Acquisition of the Days Inn $2,000,000   Revenue Loss $1,600,000   TOTAL $5,451,637   Councilwoman Roney repeated the questions from the work sesion regarding the current General Fund fund balance and/or its percentage, as well as the request to pull these funds from our General Fund Fund Balance so we’re not competing with our partners who have urgent need for overlapping emergencies now. Finance Director Tony McDowell did not have exact numbers for the General Fund balance or percentage due to the audit taking place, and said that staff does not recommend using $1.6 Million from the General Fund fund balance as we typically use those funds for unplanned expenses or emergencies. Staff does not recommend utilizing Fund Balance at this point for this loss.   Councilwoman Roney responded that we are in a state of emergency as people in our City, County and region are experiencing the impact of climate change with the loss of lives, homes, farmland, and resources due to flooding and damage from Tropical Storm Fred. It is literally the rainy day and what our Fund Balance is designed for. She could not support the motion to use ARPA funds for this purpose.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":1,"mr":"contested vote","sq":18},{"d":"2021-08-24","mt":"regular","id":"VI-RES21-189","ref":"RES 21-189","it":"appointment","t":"Resolution appointing Rick Sluder to the Board of Electrical Examiners","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Board of Electrical Examiners.   The term of Charlie Wheeler (journeyman electrician) expires on July 1, 2021.    \f The following individuals applied for the vacancies: Jonathan Knox and Rick Sluder.   The Boards & Commissions Committee recommended appointing Rick Sluder.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"no material signals","sq":26},{"d":"2021-08-24","mt":"regular","id":"VI-RES21-190","ref":"RES 21-190","it":"appointment","t":"Resolution appointing Amanda Vollrath to the Asheville-Buncombe Historic Resources Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville-Buncombe Historic Resources Commission.   The term of Maggie Brousaides expired on July 1, 2021.   The following individual applied for the vacancies: Amanda Vollrath.   It was the consensus of the Boards & Commissions Committee to appoint Amanda Vollrath.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"no material signals","sq":27},{"d":"2021-08-24","mt":"regular","id":"VI-RES21-191","ref":"RES 21-191","it":"appointment","t":"Resolution appointing Tim Collins and Alex Nava to the Human Relations Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission.   Will Overfelt and Davidson Jones have resigned from the Human Relations Commission, thus leaving two unexpired terms until June 1, 2022.   The following individuals applied for the vacancies: Ricky McGrath, Tim Collins, Amanda Benson-Bremseth, Michael Brown and Alex Nava.   It was the consensus of the Boards & Commissions Committee to appoint Tim Collins and Alex Nava.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":0,"mr":"no material signals","sq":28},{"d":"2021-08-24","mt":"regular","id":"VI-RES21-192","ref":"RES 21-192","it":"appointment","t":"Resolution appointing members to the Multimodal Transportation Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Multimodal Transportation Commission.   The terms of John Bausone (transit seat) and Kenneth Armstrong (greenway seat) expired on July 1, 2021. In addition, Michael Waddell (transit seat) resigned, thus leaving an unexpired term until July 1, 2022. Lastly, Lydia Buehrer (greenway seat) has resigned, thus leaving an unexpired term until July 1, 2022.   The following individuals applied for the vacancies: Marty Shults, Joseph Chesler, Bill Loftis, Christine Harris, Micah McLain, Karla Furnari and Leanna Joyner.   At the request of the Chair, it was the consensus of the Boards & Commissions Committee to reappoint John Bausone and Kenneth Armstrong. At the request of the Commission, it was the consensus of the Boards & Commissions to appoint Bill Loftis to the transit seat and Micah McLain to the greenway seat.","c":"Transportation","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":1,"mr":"policy category","sq":29},{"d":"2021-08-24","mt":"regular","id":"VI-Sieburg","ref":"RES 21-193","it":"appointment","t":"Resolution appointing George Sieburg to the Asheville City Board of Education effective November 8, 2021","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":1,"mr":"contested vote","sq":25},{"d":"2021-08-24","mt":"regular","id":"VI-agenda-amend","ref":"","it":"motion","t":"Motion to amend the agenda to include appointment of George Sieburg to the Asheville City Board of Education","desc":"","c":"Boards & Appointments","mo":"procedural","mv":"Smith","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1FfKTYXIZMubZo4B1Jz5VY4GgKShrHcOW/view?usp=sharing","mat":1,"mr":"contested vote","sq":24},{"d":"2021-09-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on August 24, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-09-14","mt":"regular","id":"II-B","ref":"RES 21-194","it":"resolution","t":"Resolution authorizing the City Manager (consent item B)","desc":"Background: - The Parks & Recreation Department oversees and maintains the highly used urban space in front of City Hall and the Buncombe County Courthouse, Pack Square Park. - Construction on Pack Square Park was completed in 2008 to be a signature downtown park with a high level of maintenance required. - Reinvestment in Pack Square Park is needed due to both the age and the change in use of the park. - The park has evolved from the original intent as a signature urban park into the City’s major downtown outdoor event park. - This change in use has created conflicts in terms of being able to effectively manage the maintenance requirements that reflect the level of service the City would like to provide. - The mid-block fountain in front of Pack Pavilion is currently inoperable and is difficult to maintain in this inoperable state. - A Request for Proposals was advertised for interested companies to re-landscape the plantings in the beds, modify the mid-block fountain, and provide one (1) year of landscape bed maintenance with the option to renew for two (2) additional years. - Landmark WNC LLC was selected based on experience, qualifications, understanding of the scope of services, cost, and availability. - Landmark WNC LLC will provide landscape installation and maintenance services. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through direct outreach by the Asheville Business Inclusion office, solicitation processes which include posting on the State’s Interactive Purchasing System (IPS) to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers, and the use of both the North Carolina Historically Underused Business (HUB) Database on the State’s IPS site and North Carolina Department of Transportation’s Directory of Firms for Disadvantaged Business Enterprises (DBE) to identify and notify potential contractors of the IPS posting. - There were four (4) bids submitted and despite our outreach, no Minority & Women-Owned Business Enterprise (MWBE) submitted a bid.  Committee(s): - None Pro(s): - Contracting with a professional landscape maintenance company will allow for consistent, efficient maintenance - Reinvesting in the park by planting urban tolerant, appropriate plant material for a heavily used public event space will provide a more sustainable landscape with respect to both plant performance and park maintenance Con(s): - None Fiscal Impact: - Funding for this contract exists within the currently approved Parks & Recreation department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-09-14","mt":"regular","id":"II-C","ref":"RES 21-195","it":"resolution","t":"Resolution authorizing the City Manager to execute a one-year extension of the playground contract","desc":"Background: - This extension will be the first one year extension to the original contract and brings the total value of the contract to $265,860. - The contract is for the installation of playground mulch to City-owned playgrounds throughout the City. - The extension will take effect at the end of the current contract (August 31, 2021) and  expire August 31, 2022 - The bids for the original contract were opened in June 2020 and the following bids were received: Synergy Sports Charlotte, NC $132,930.00 per year Tumble Safe Etowah, NC $138,596.50 per year Power Mulch Smithfield, NC $143,073.00 per year Mulch SolutionsIndian Trail, NC $151,200.00 per year Vendor Outreach Efforts: - Outreach was not performed due to this being an extension to an existing contract.  Committee(s): - None Pro(s): - Will help continue to meet safety. standards for city-owned playgrounds. Con(s): - Work will temporarily close playgrounds during installation. Fiscal Impact: - Funding for this contract exists within. the currently approved Parks & Recreation department operating budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-09-14","mt":"regular","id":"II-D","ref":"RES 21-196","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with McLaughlin Young","desc":"Background: - McLaughlin Young Group (MYgroup) serves as the City of Asheville employee assistance network providing employees with an Employee Assistance Program (EAP). - City of Asheville employees and their families have access to network resources at no cost. - Assistance is available twenty-four hours a day, seven days a week. - MYgroup offers face-to-face, video, and telephonic counseling sessions. - Licensed clinicians take all calls for assistance and can provide in-the-moment support. - EAP services include, but are not limited to, assistance with emotional, family, marital, alcohol, drug, financial, legal, and other personal issues. - In 2021, the City increased access to behavioral health support to Public Safety employees to maintain the health and wellbeing of these employees who provide service to the community. Vendor Outreach Efforts: - Current vendor for the employee assistance program is McLaughlin Young Group. - This vendor provides specialized support for employees and their families as well as public safety employees. - Outreach efforts were performed by posting the RFP on the State’s Interactive Purchasing System.  Pro(s): - Continued behavioral health support for employees and their families, particularly during the ongoing COVID pandemic. - Support for public safety employees who encounter trauma on a daily basis. - Known provider who specializes in supporting employees and their families. Con(s): - None Fiscal Impact: - The cost of the increased contract will be $114,874.51. - Funding will come from the existing budget in the City’s Health Insurance Fund.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-09-14","mt":"regular","id":"II-E","ref":"RES 21-198 / ORD 4400","it":"resolution","t":"Resolution authorizing an agreement with the N.C. Dept. of Transportation and budget amendment in the General Capital fund","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-09-14","mt":"regular","id":"II-F","ref":"RES 21-199","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Tequity","desc":"Background: - On July 14, 2020, City Council adopted Resolution No. 20-128 in support of community reparations. - The resolution calls for the city manager to, “establish a process within the next year to develop short, medium and long term recommendations to specifically address the creation of generational wealth and to boost economic mobility and opportunity in the black community.” - The city manager and city staff have recommended a 3 phase process that includes (1) Information Sharing and Truth Telling; (2) Formation of a Reparations Commission; and (3) Finalize and Present the Report. - Phase 1 Information Sharing and Truth Telling process was completed in June 2021. - Phase 2 of the process was launched immediately following the completion of Phase 1 which began with soliciting vendors to support the work of the Commission and serve as an extension to staff. - The City of Asheville issued a Request for Proposals to solicit a professional project manager to provide comprehensive, management, coordination and support services throughout the development of and work of the Reparations Commission in coordination with city staff. - The project manager duties include, but not limited to: - Assisting Asheville City and Buncombe County Staff in the development of a process to appoint members to the Reparations Commission to include: - Criteria for appointment to the Commission. - Support in development of the application to apply to theCommission. - Make recommendations for appointments to the commission based on criteria in coordination with city and county staff. - Support for the work of the Reparations Commission to include: - Incorporation of information received during Phase 1, the Information Sharing and Truth Telling Speaker Series. - Continued community engagement, information sharing and discussion within impacted communities. - Attend and facilitate commission meetings. - Schedule development for short, medium and long term deliverables, including adjustments based on the progress of work and specific recommendations for prioritizing and accelerating critical path items. - Assist the commission in the development of a final report and recommendations to the City Council. - Support the formation of working groups of commission members. - Provide process updates to the City Manager and City Council on a monthly basis. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System, the City of Asheville website, the City of Asheville Twitter account, and requiring RFP respondents to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - During preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department who also served on the City RFP evaluation team. - Out of the nine (9) proposals received, all self-identified as minority business owners. - TEQuity is a woman and minority-owned firm and will be subcontracting with RTI International, an independent nonprofit research institute providing a full range of economic analysis.  Committee(s): - None. Pro(s): - Advances Council’s resolution to initiate the reparations process. Con(s): - None. Fiscal Impact: - This contract is funded through the initial allocation of $2.1 million for reparations approved June 8, 2021.","c":"Economic Development","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-09-14","mt":"regular","id":"II-G","ref":"RES 21-200 / ORD 4401","it":"resolution","t":"Resolution authorizing two contract amendments and budget amendment in the Special Revenue fund","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-09-14","mt":"regular","id":"II-H","ref":"ORD 4402","it":"ordinance","t":"Budget amendment from the American Rescue Plan Act State and Local Government Fiscal Recovery funds","desc":"Background: - The American Rescue Plan Act (ARPA) of 2021, which is designed to facilitate the United States’ recovery from the devastating economic and health effects of the COVID-19 pandemic, was signed into law by President Biden on March 11, 2021. - As part of the ARPA State and Local Government Fiscal Recovery Funds (FRF), the City of Asheville is receiving $26,293,853. - On July 27, 2021, City Council authorized the receipt of the $26.2 million in ARPA funding and delegated the responsibility to execute any necessary agreements related to ARPA funding to the City Manager. - The U.S. Treasury Department has issued guidance to describe allowable uses for the ARPA FRF funding, which include administrative costs associated with implementing the ARPA program objectives. - The City is responsible for the effective administration of the ARPA award, application of sound management practices, and administration of the funds in a manner consistent with the ARPA program objectives and terms and conditions, which includes  implementing robust internal controls and effective monitoring to ensure compliance with Treasury guidelines. - City staff anticipate needing additional in-house staff and potentially contracted labor support to meet the Treasury guidelines. - The recruitment for an ARPA Manager position is already underway. - The budget amendment will appropriate ARPA funding in the Special Revenue Fund for administrative costs over the life of the ARPA grant, which will potentially extend until December 31, 2026.  Pro(s): - Provides funding for additional costs the City will likely incur in association with administering the $26.2 million in ARPA funding. Con(s): - Reduces the amount of ARPA funding available to address other initiatives Fiscal Impact: - As noted above, the City will receive $26.2 million in ARPA funding. - If City Council approves this budget amendment for administrative costs, the City will have budgeted approximately $7.3 million in ARPA funding as detailed in the table below; leaving $18.9 million available for other initiatives. Budgeted ARPA Funding To Date Amount Emergency Non-Congregate Homeless Shelter $2,890,212 Public Portable Toilets $90,000 Homeward Bound Acquisition of the Days Inn $2,000,000 Revenue Loss $1,600,000 Administrative Costs $750,000 TOTAL $7,330,212","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-09-14","mt":"regular","id":"II-I","ref":"RES 21-201","it":"resolution","t":"Resolution authorizing the City Manager to sign a lease agreement with BellSouth","desc":"Committee(s): - None Pro(s): - The City will still have access to these spaces at the existing rate. - The time extension will allow the City to reassess its parking needs. Con(s): - None. Fiscal Impact: - Parking Services will continue to pay the rental fee and budget for it within the Operating Budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-09-14","mt":"regular","id":"II-J","ref":"RES 21-202","it":"resolution","t":"Resolution granting permission for possession/consumption of malt beverages and/or wine at an event","desc":"Background: - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on the public streets and on property owned, occupied or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival. - The following organization has requested that City Council permit them to serve beer and/or unfortified wine at their events and allow for consumption at the events: - Asheville Symphony Society for Symphony in the Park, to occur at Pack Square Park on September 19 & 20, 2021 from 6:00 p.m. - 9:00 p.m. - On August 24, 2021, City Council adopted Resolution No. 21-179, allowing this event to provide malt beverages and/or unfortified wine; however, they have requested an amendment to their hours. - Alcohol boundaries are defined as per the accompanying event site map.  Committee(s): - None Pro(s): - Allows fundraising opportunities for the sponsoring nonprofit organizations Con(s): - None Fiscal Impact: - None","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-09-14","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance - continued to December 14, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"continuance","sq":10},{"d":"2021-09-14","mt":"regular","id":"IV-B","ref":"ORD 4403","it":"ordinance","t":"Public hearing/ordinance to conditionally zone 200 Villas Court to Residential Expansion-Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of conditionally zoning 200 Villas Court from RM-8 Residential Multi-Family Medium Density District to Residential Expansion/Conditional Zone, and also included in the project are 16 existing townhomes located at 402, 404, 406, 408, 602, 604, 606, 608, 610, 612, 701, 703, 705, 707, 709, and 711 Villas Court. This public hearing was advertised on September 3 and 10, 2021. - A jurisdictional stream (a tributary to Smith Mill Creek) is located along the southern property boundary and requires a 30’ protective aquatic buffer. - The City of Asheville is an adjacent property owner to the south. - General landscape requirements apply, including street tree, parking lot, building impact landscaping. - The RES EXP-CZ district also requires a 20’ wide, Type A property line buffer around the eastern, southern and western property lines where they are adjacent to residential zoning. - A number of existing trees are proposed to be preserved with tree credits applied at final technical review. - The subject property is on the edge of the city’s jurisdiction and is surrounded by R-3 zoning to the east and west, and Open Use zoning to the north. - Open space and tree canopy preservation requirements apply. - The proposed plan appears to meet or exceed these requirements. - The project does not comply with the zoning standards in the following ways: - Sidewalks range from 5-6’ in width. - Approximately 5400 s.f. of disturbance is proposed within the aquatic buffers - Driveway radii exceed city standards. Comprehensive Plan Consistency: - The proposed development supports a number of goals including encouraging responsible growth by providing infill development that increases the supply of housing. - Ten percent of those units will be designated affordable, meeting goals for increasing the supply of affordable housing. Compatibility Analysis: - This area of the city is transitioning from a rural/suburban development pattern with pockets of higher density multi-family development scattered throughout. - The medium scale multi-family residential buildings are compatible with the medium density multi-family zoning that surrounds the project area and is buffered from adjacent lower density residential uses by streams, roads/rights-of-way and vegetated landscape buffers.  Committee(s): - Technical Review Committee (TRC) - April 21, 2021 - approved with conditions. - Planning and Zoning Commission (PZC) - July 7, 2021 - approved 6:0. Staff Recommendation: - Staff recommends approval of this rezoning request as currently designed based on the reasons stated above. Ms. Tuch outlined some of the conditions: (1) Technical modifications (driveways, sidewalks, aquatic buffers); (2) Residential infill (completing a previously approved project); (3) 10% of units (7 total) will be affordable; (4) Sidewalk throughout; and (5) Open space & Tree canopy preservation. In response to Councilwoman Turner, Ms. Tuch said that the bulk of the encroachment is due to existing infrastructure. When Councilwoman Turner asked if the development would accept vouchers, Mr. Mike Lovoy, engineer for the project, said that it’s too early to know that; however, they are working  with Community Development Programs Director Paul D’Angelo and their plan is to be able to sell the units in the $200,000 range. In response to Councilwoman Roney, Ms. Tuch said that they do not think there will be any accessibility problems with the sidewalks. When Councilwoman Turner asked if there are any plans to build in the northwest area, Mr. Lovoy said that the area is currently for open space and the tree save area. Mayor Manheimer opened the public hearing at 6:05 p.m. and announced that there were no advanced live call-ins for this item. She then closed the public hearing at 6:05 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2021-09-14","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to conditionally rezone 70 Mills Gap Road - continued to September 28, 2021","desc":"At the request of the applicant’s attorney,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"continuance","sq":12},{"d":"2021-09-14","mt":"regular","id":"V-A","ref":"RES 21-197","it":"resolution","t":"Resolution authorizing the City Manager (re climate change, workforce development)","desc":"Internal Auditor Patricia Rosenberg said that this is the consideration of a resolution authorizing the City Manager to create a program of work for the American Rescue Plan Act (ARPA) State and Local Government Fiscal Recovery Funds to fund the following categories: affordable housing, care for aging residents, city infrastructure, community  communication, domestic violence prevention and assistance, food systems, homelessness services, revenue losses, small business recovery, and workforce development. Background: - The American Rescue Plan Act (ARPA) of 2021, which is designed to facilitate the United States’ recovery from the devastating economic and health effects of the COVID-19 pandemic, was signed into law by President Biden on March 11, 2021. - As part of the ARPA State and Local Government Fiscal Recovery Funds (FRF), the City of Asheville is receiving $26,293,853. - On July 27, 2021, City Council authorized the receipt of the $26.2 million in ARPA funding and delegated the responsibility to execute any necessary agreements related to ARPA funding to the City Manager. - There have been two City Council worksessions to facilitate the development of a plan for spending the $26.2 million in ARPA FRF funding. - City Council heard public comment about funding categories at the August 24, 2021 Council meeting. - The U.S. Treasury Department has issued guidance to describe allowable uses for the ARPA FRF funding, which centers around these major areas: - Public Health Uses - Negative Economic Impacts - Premium Pay for Essential Workers - Revenue Losses - Investments in Water, Sewer, and Broadband Infrastructure - Crime Response and Prevention. - The City plans to issue a community-wide Request for Proposals (RFP) (open until November 1) for specific projects that fit in the categories that Council approves. While the RFP is open for proposals, staff plans to hold an information session for interested applicants in October. We will also plan to conduct extensive community outreach during that time. Staff will then come with staff recommendations in December, 2021. These are the staff recommended categories to receive funding: - Affordable housing - Care for aging residents - City infrastructure: building safety and resilience - Community communication - Domestic violence prevention and assistance - Food systems - Homelessness services - Revenue losses - Small business recovery - Workforce development  Committee(s): - Worksessions with City Council - July 27, 2021 and August 24, 2021 Pro(s): - Addresses community needs to aid in the recovery from the devastating economic and health effects of the COVID-19 pandemic - Provides equitable solutions to repair harm that was exacerbated by the pandemic and build resilience for the future Con(s): - None Fiscal Impact: - The $26.2 million in ARPA FRF funding was authorized for receipt by Council on July 27, 2021. - Staff is bringing forward budget amendments to appropriate the funding as Council approves specific usage of the $26.2 million. Councilwoman Roney said that because we are experiencing overlapping emergencies while some of these categories may have other funding options, she was concerned that we are making a bet that federal infrastructure funds might get passed to the state and they will already be absorbed at the state level. She asked Council to consider our own climate justice initiatives by adding climate change to the categories as part of our Council goals for both an equitable recovery from the pandemic and reimaging public safety which we identified in our retreat, and in hopes that it will also help us meet our goals for the Living Asheville Comprehensive Plan. In response to Mayor Manheimer, City Manager Campbell and Ms. Rosenberg both were not concerned with the addition of climate change to the categories because we may not get proposals for all the categories. If there are concerns, staff will certainly come back to Council for further direction. Mayor Manheimer said no advanced public comments were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Roney","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2021-09-14","mt":"regular","id":"VI-1","ref":"RES 21-203","it":"appointment","t":"Resolution appointing Stephen J. Blount to the African American Heritage Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission.  The term of Marvin Chambers will expire on July 1, 2021. The following individuals applied for the vacancy: Dewayne McAfee, Stephen J. Blount, Valeria Watson and Ashley Wilderding. At the request of the Commission, it was the consensus of the Boards & Commissions Committee to appoint Stephen J. Blount. It was the consensus of the Boards & Commissions Committee to appoint Stephen J. Blount.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"no material signals","sq":14},{"d":"2021-09-14","mt":"regular","id":"VI-2","ref":"RES 21-204","it":"appointment","t":"Resolution appointing Larry Crosby to the Buncombe County Tourism Development Authority","desc":"Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Buncombe County Tourism Development Authority. The terms of Himanshu Karvir and John Luckett (both representing lodging of 101+ rooms), as members of the Buncombe County Tourism Development Authority, expire on August 1, 2021. In addition, James Poole (representing lodging units of 100 rooms or less) has resigned, thus leaving an unexpired term until August 31, 2021. The following individuals applied for the specific open seats: Matthew Lehman, Pratik Bhakta and Michael Lusick for the 101+ rooms; and Scott Kerchner and Larry Crosby for the 100 rooms or less. On September 14, 2021, City Council interviewed Matthew Lehman, Pratik Bhakta, Michael Lusick for the 101+ rooms; and interviewed Scott Kerchner and Larry Crosby for the 100 rooms or less. Each member of City Council stated their top two choices for the seats representing lodging of 101+ rooms: Pratik Bhakta received two votes; Michael Lusick received seven votes; and Matthew Lehman received five votes. Therefore, Michael Lusick and Matthew Lehman were each appointed to the Buncombe County Tourism Development Authority representing lodging of 101+ rooms, terms to expire August 11, 2024, or until their successors have been appointed.","c":"Economic Development","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":1,"mr":"policy category","sq":15},{"d":"2021-09-14","mt":"regular","id":"VI-3","ref":"RES 21-205","it":"appointment","t":"Resolution appointing Yvonne Cook Riley to the Civic Center Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission.  Bill Jones, member of the Civic Center Commission, resigned, thus leaving an unexpired term until June 30, 2022. The following individuals applied for the vacancy: Yvonne Cook Riley, Kim Oliver, Kevin King and Chad Evans. It was the consensus of the Boards & Commissions Committee to appoint Yvonne Cook Riley.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"no material signals","sq":16},{"d":"2021-09-14","mt":"regular","id":"VI-4","ref":"RES 21-206","it":"appointment","t":"Resolution appointing Marilynn Raynor to the Human Relations Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission. Veronica Coit, member of the Human Relations Commission, resigned, thus leaving an unexpired term until June 1, 2023. In addition, Tim Collins resigned, thus leaving an unexpired term until June 1, 2022. The following individuals applied for the vacancy: Amanda Benson-Bremseth, Michael Brown, Marilynn Raynor and Edie Welchert. It was the consensus of the Boards & Commissions Committee to appoint Marilynn Raynor, and to re-advertise for the second vacant seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":0,"mr":"no material signals","sq":17},{"d":"2021-09-14","mt":"regular","id":"VI-5","ref":"RES 21-207","it":"appointment","t":"Resolution appointing Geoffrey Barton to the Planning & Zoning Commission","desc":"Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Planning & Zoning Commission. The terms of Tony Hauser and Guillermo Rodriguez, as members of the Planning & Zoning Commission, expire on August 14, 2021. The following individuals applied for the vacancies: Sherrye Coggiola, Roosevelt Harvin, Ricardo Seijo, Sara Wilcox, Lee Arevian, Kenneth Bussey Jr. and Geoffrey Barton.  On September 14, 2021, City Council interviewed Ricardo Seijo, Sara Wilcox, Kenneth Bussey Jr. and Geoffrey Barton. Sherrye Coggiola and Roosevelt Harvin were unable to attend the interviews. Each member of City Council voted for their top one or two members, with a request that the second seat be re-advertised. Kenneth Bussey Jr received one vote; Ricardo Seijo received no votes; Geoffrey Barton received seven votes; Sara Wilcox received two votes. Therefore, Geoffrey Barton was appointed as a member to the Planning & Zoning Commission, term to expire August 14, 2024, or until Geoffrey Barton’s successor has been appointed; and to readvertise for the second vacant seat.","c":"Boards & Appointments","mo":"individual","mv":"","sec":"","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1GcQ9Y9RbimAVgxGGQIHSvCxFO1RnivqR/view?usp=sharing","mat":1,"mr":"contested vote","sq":18},{"d":"2021-09-28","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on September 14, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-09-28","mt":"regular","id":"II-B","ref":"RES 21-208","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with SEPI Engineering & Construction for the French Broad River Greenway West project","desc":"Background: - The French Broad River Greenway West will connect the French Broad River Park to the existing greenway that terminates at the Haywood Road Bridge. - This will be a 1.02 mile paved greenway extension that further enhances the pedestrian and bicycle infrastructure constructed with the RADTIP project. - A 2018 Federal Grant will be paying for 80% of the construction and the construction engineering and inspection costs for this project through the NC Department of Transportation in the amount of $350,784.75 . - The City of Asheville will cover the 20% remaining portion of this contract cost in the amount of $87,696.19. - Construction schedule is currently underway and is anticipated to be complete in Summer, 2022. - Nine professional engineering submittals were received and evaluated based on their qualifications, experience and technical approach. - The evaluation of those submittals, ranked by a five member evaluation committee, resulted in SEPI Engineering and Construction of Raleigh, NC being the highest ranked firm. - Negotiations with SEPI Engineering and Construction resulted in an agreed fee of $398,619.04. - The North Carolina Department of Transportation has reviewed and approved the negotiated fee as well as the draft agreement. Vendor Outreach Efforts: - With all Federally funded projects, the Disadvantaged Business Enterprise (DBE) program is required for construction services, but not professional engineering services such as this agreement. - The federally established DBE goal for this project is 5% participation for construction services. - The previously approved construction contract for this project includes 5.36% DBE participation. - Because this agreement with SEPI is for professional services, the DBE participation is not considered. - However, SEPI is a woman owned business, so we will track this participation at the City of Asheville to count it towards the City’s ABI participation.  Committee(s): - None Pro(s): - Federal funding will be covering 80% of these project related costs. - This project will finish a one mile long gap between two older sections of the French Broad River Greenway creating a 4 mile stretch of continuous greenway along the river through four parks. - It will also pave the 0.02 mile long dirt trail underneath the Amboy Road Bridge. Con(s): - The project construction area will cause a temporary disruption to individuals that are actively using the area. Fiscal Impact: - Funding for this project will come from the previously approved existing CIP budget. The COA portion of this contract cost will be up to $87,696.19.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-09-28","mt":"regular","id":"II-C","ref":"RES 21-209","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with WxProofing LLC for Harrah's Cherokee Center window replacement & concrete repairs","desc":"MANAGER TO EXECUTE A CHANGE ORDER WITH WxPROOFING LLC FOR HARRAHS CHEROKEE CENTER ASHEVILLE - WINDOW REPLACEMENT & CONCRETE REPAIRS PROJECT  Background: - A bid alternate to include the rear deck storefront glass system was made available during bidding but the City did not have enough funds allocated at the time to take on the additional scope. - Now that the base project has reached 90% completion with no significant unknown conditions arising, the alternate could be accepted with very little supplement project funding. - WxProofing, LLC. has agreed to honor their original bid alternate pricing of $98,215 and will not upcharge to remobilize, which will occur to complete this work. - The result of adding the bid alternate would cause the contract price to go beyond the original not to exceed contract value of $1,187,785.50 by $35,099.50. - The new contract value would therefore be $1,222,885, with further authorization for up to $13,000 in contingency for a new not to exceed value of $1,235,885. - The current contract completion date for this project is October, 2021 and the revised expected completion date would become January, 2022. Vendor Outreach Efforts: - This is a change to an existing contract.  Committee(s): - None Pro(s): - This will complete the window replacement in its entirety for the Harrah’s Cherokee Center Asheville Arena Building, preventing a mismatch in performance and aesthetics. - Saves staff time and resources from having to create a second bid package to address this scope at a later date, which would have needed to occur in the next 12 months. Con(s): - Long lead times on materials could push the completion of this additional scope to January, 2022. Fiscal Impact: - Funding for this contract amendment will come from previously approved budgets within the Harrah’s Cherokee Center - Asheville Capital Improvement Program.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-09-28","mt":"regular","id":"II-D","ref":"RES 21-210","it":"resolution","t":"Resolution authorizing the City Manager to enter into a memorandum of understanding and agreement","desc":"Background: - Duke Energy’s current downtown substation located behind the Civic Center, built in the 1960s, is insufficient to provide long-term service to downtown residents and businesses. - Duke Energy needs to replace the substation infrastructure to ensure uninterrupted service provision. - Duke Energy contacted the City to explore options to build a new substation on City property on Rankin Avenue in exchange for removing the old substation and swapping Duke Energy’s property with the City. - The City has an interest in the property where the substation is currently located to accommodate future development of the Thomas Wolfe Auditorium. - The Memorandum of Understanding sets forth a good faith effort by the City and Duke Energy to conduct community engagement efforts, coordinate testing activities to minimize impact, and facilitate conversations regarding project design. - The Memorandum of Understanding will permit Duke Energy to conduct environmental and other associated testing on the properties. - Upon completion of site investigations by Duke Energy, Council will be approached at a later date to vote on the land exchange and associated real estate terms for the City of Asheville and Duke Energy properties. - These real estate terms may include any environmental remediation or site preparation that may be necessary to address the findings of the environmental investigations.  Committee(s): - The Planning and Economic Development Committee - (9/13/2021) - approved unanimously to move to full Council. Pro(s): - Continued and uninterrupted service provision by Duke Energy. - Expanded access to the Harrah’s Center through rear entrances. - Potential to redirect power lines currently inhibiting maintenance of Harrah’s Center. - Potential to expand the auditorium and event center, allowing for larger events or convention center space. - Potential to build along Rankin Avenue with mixed-use connected to the event center. Con(s): - Potential loss of parking for monthly permit holders in the Rankin Avenue lot.  Fiscal Impact: - None noted at this time. Site Investigations permitted by the Memorandum of Understanding will be conducted by Duke Energy.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-09-28","mt":"regular","id":"II-E","ref":"RES 21-211","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with WK Dickson","desc":"Background: - On February 27, 2018, a resolution was adopted to authorize the City Manager to execute a professional services contract with W. K. Dickson & Co., Inc. for the Neighborhood Enhancement Project Area 5. - The original total contract was for a not to exceed amount of $762,395.00 and the project work included:a survey, a hydraulic analysis, engineering design, construction administration and other related professional services for approximately 27,925 LF of predominately 6-inch, 8-inch and 12-inch water line and appurtenances along various streets within the following areas: - Muirfield Subdivision, - Mills Gap Rd, - Swannanoa River Rd, - S. Tunnel Rd, - Long Shoals Rd, - Brookwood Rd, - Brevard, Hazel - Mill Rd and - Joe Jenkins Rd. - Typically the N.C. Dept. of Transportation (NCDOT) has a recorded public right-of-way (ROW) that is significantly wider than the roadway, providing a public right-of-way, several feet wide on either side of the road, in which to find a suitable route for new waterlines, without having to install it under the pavement. - However, during the design and survey phase for the project it was discovered that the NCDOT public ROW along the project corridor of Long Shoals Road was not recorded, only claimed as a maintenance right-of-way from edge of pavement to edge of pavement, limiting the available right-of-way to the road surface only. - Because of the limited right-of-way, the only waterline route option available within public ROW, along the section of Long Shoals Road was to install the proposed waterline under the actual roadway, which is contrary to NCDOT’s encroachment policies. - A request was made to NCDOT for an encroachment agreement, which would allow the new 12” water main transmission main along Long Shoals Rd to be located within the  NCDOT. right-of-way, under the roadway; however this request was denied due to NCDOT’s policy of not permitting utilities to be installed parallel under the road surfaces. - Because of the denial from NCDOT to allow the proposed water main to be installed under the paved road surface; the proposed water transmission main alignment had to be changed to be outside the NCDOT right-of-way, to be installed within private property throughout the Long Shoals project corridor. - This change in alignment of the 12” water transmission line created the requirement for additional survey to be performed, and a new design drawings to be developed, which added a significant cost increase to the professional services contract. - Additionally, moving the new water transmission main onto private property creates the need to obtain 24 permanent and temporary construction easements for the installation of the proposed transmission main, which requires additional funds to be added to the project for easement acquisition specialists, preparation of easement plats and documents, appraisals and purchase of the necessary easements. - These efforts nor costs were considered in the original contract scope since the plan did not impact private property. - Also when it became clear that the Long Shoals portion of the project was going to take considerably more time and effort to get to the construction phase than the other portions of the project package; it was decided to phase the project into two parts with the first phase being all of the project except Long Shoals Rd waterline and the second phase being only the Long Shoals section. - The first phase has been successfully designed, awarded and construction started in the spring of 2021. - By having to phase this project, it added some duplication efforts to the professional services contract in the areas of bidding / award, project management, construction administration, etc. which resulted in additional costs. - Water Resources Staff requested that the consultant provide an amended scope with the additional tasks and cost outlined. - The proposed change order request is based on the amended scope. Vendor Outreach Efforts: - Not applicable, change to an existing contract  Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. Con(s): - None. Fiscal Impact: - The funding needed for the professional services agreement is currently allocated within the Water Resources Capital Improvements Project Fund in the Small Waterline Replacement Projects.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-09-28","mt":"regular","id":"IV-A1","ref":"ORD 4044","it":"ordinance","t":"Public hearing/ordinance to amend the UDO to establish a new Urban Place Form District","desc":"Due to a conflict of interest,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"passed","ta":"4-2","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":1,"mr":"contested vote","sq":6},{"d":"2021-09-28","mt":"regular","id":"IV-A2","ref":"ORD 4405","it":"ordinance","t":"Ordinance to rezone 57 acres (phase one properties) to Urban Place Form district and amend the Future Land Use Map","desc":"Urban Planner Vaidila Satvika said that this is the consideration of an ordinance to rezone approximately 57 acres of property currently zoned Regional Business District, 21 acres currently zoned Highway Business District, 42 acres currently zoned River District, .2 acres currently zoned Office Business District, and 1 acre currently zoned Commercial Industrial District to Urban Place Form District, and associated changes to the Future Land Use Map. This public hearing was advertised on September 17 and 24, 2021. Project Location and Contacts: - The project sites that are part of the first phase of this proposed rezoning are grouped within four nodes of land on Merrimon Avenue (21 acres), Tunnel Road (40 acres), Bleachery Boulevard (46 acres) and South Tunnel Road (17 acres). - Affected properties by zoning district are summarized on the right. - Owners: various Background: - This city-initiated petition is intended to implement the Urban Centers initiative, which is part of a recommended growth strategy that aims to concentrate growth in transit-supportive Centers and Corridors as outlined in Living Asheville, the city’s long-range comprehensive plan. - The goal of urban centers is to initiate the transition from a suburban, auto oriented land use pattern to a more dense urban form in key nodes along high frequency transit corridors. - As the zoning text amendment will potentially create lawful nonconforming situations, it includes a change in the definition of a lawful nonconformity, which renders a lawful nonconformity to be regarded as conforming for non-construction related purposes such as financing, appraisal or zoning verification. - This petition is phase one of a two phase rezoning process that prioritizes the rezoning of those urban centers identified in the city’s Future Land Use Map (FLUM), which are located closest to the Central Business District and also on the high-frequency transit network. - The request totals approximately 122 acres of property for rezoning to Urban Place Form District. - The rezoning will allow for the built environment of these properties to transition over time so that they become more urban and walkable, and better aligned with the city’s long-term goals. - The rezoning will lead to a more efficient use of land that encourages housing and incentivizes affordable housing along transit routes. - Staff have drafted an equity analysis of the proposed rezoning using the Racial Equity Toolkit: An Opportunity to Operationalize Equity, as prepared by the Local and Regional Government Alliance on Race and Equity. - Staff met with the Legacy Neighborhoods Coalition (LNC) five times between January and May 2021 to discuss neighborhood concerns around displacement, ongoing development and neighborhood involvement in the development process. - This led staff to postpone the rezoning of a site on Patton Avenue to allow more time to work with the LNC to address their concerns and to develop neighborhood stabilization strategies. - The discussions are ongoing. - On July 19, 2021, staff moved two parcels in the vicinity of the former Sears property on S. Tunnel Road from Phase 2 to Phase 1 at the request of the owners who have developed conceptual plans that have the potential to align with the proposed code. Comprehensive Plan Consistency: - This proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including ‘A Livable Built Environment’ and ‘A Resilient Economy'. - The proposal is part of a recommended growth strategy that aims to concentrate growth in transit-supportive Centers and Corridors as outlined in Living Asheville, the city’s long-range comprehensive plan. - The following goals are applicable to this zoning amendment: - Encourage Responsible Growth; prioritize growth and development within designated growth areas - Increase Mixed-Use Development Along Transit Corridors - Promote Great Architecture & Urban Design to Enhance Placemaking - Make Streets More Walkable, Comfortable and Connected - Increase and Diversify Housing Supply; incentivize development that maximizes public benefit - Promote the Development and Availability of Affordable Housing and Workforce Housing; promote affordable housing policies via incentives such as bonus densities and building heights - The proposed rezoning mostly aligns with the Future Land Use Map (FLUM) with the exception of two parcels within the Bleachery Boulevard node. - Staff proposes to adjust the FLUM at that location for two properties from Urban Corridor to Urban Center to better align those parcels with adjacent properties. Compatibility Analysis: - The proposed boundaries of the Urban Place Form District were derived from the Urban Centers Land Use category of the Future Land Use Map (FLUM) adopted in the Living Asheville Comprehensive Plan. - Compatibility is achieved by targeting existing commercial nodes with the ability to absorb additional housing density and mixed use development due to their location in areas with adequate infrastructure and along high frequency transit corridors. Council Goal(s): - A Well-Planned and Livable Community Committees: - On January 14, 2019, the Planning and Zoning Commission unanimously supported staff’s revised process for the Urban Center initiative, which includes consideration of a new zoning district for the subject areas and additional community engagement. - On February 11, 2019, staff provided an update to the Planning and Economic Development Committee (PED) that clarified redevelopment within Urban Center locations is not permitted while the rezoning application is under consideration. - On September 5, 2019, an update was provided to the Affordable Housing Advisory Committee (AHAC) with input received regarding the incentive for affordable housing. - On January 13, 2020, an update was provided to PED that included proposed incentives for housing. Staff also shared neighborhood concerns relating to gentrification. - At the October 27, 2020, City Council work session Council suggested that staff postpone the consideration of the Patton Avenue node from the project and allow the other areas to move forward and recommended that staff add the Asheville Mall node to the initiative as part of a Phase II rezoning effort that would include the Patton Avenue node. - On May 10, 2021, staff provided an update to the Planning and Economic Development Committee of the City Council. - On July 7, 2021, staff presented to the Planning & Zoning Commission for a preliminary review of the proposed text and map amendments. - The hearing was continued to allow more time for staff to meet with affected property owners in an effort to better address their concerns. - On August 7, 2021, staff presented to the Planning & Zoning Commission to discuss two added properties to the Phase I review and to further discuss the initiative. Staff requested to continue the vote to the following meeting (September 1) to accommodate a request by some of the affected property owners who were not available for the August public hearing. - On September 1, 2021, the Planning & Zoning Commission voted to approve the proposed rezoning 6:1. Pros: - Implements zoning regulations recommended in the comprehensive plan, Living Asheville. - Incentivizes the integration of market rate and affordable housing on large commercial parcels. - Form-based zoning regulations will create a more urban-style pattern of development. - Transitions single-use commercial strips to walkable, mixed-use nodes along higher frequency transit corridors - Improves the efficiency of land and helps to absorb growth in areas that are supported by infrastructure and transit. Cons: - Increases some development cost due to added requirements for large projects (i.e. formalizing internal streets with sidewalks and, on larger projects, housing). - Zoning changes that encourage redevelopment will increase property values over time that can increase neighboring property values. Vice-Mayor Smith opened the public hearing at 6:53 p.m. Eight individuals spoke against the rezonings for several reasons, some being, but are not limited to: problem with sink hole on Merrimon Avenue site; request to vote on each of the four areas separately; difficulty to develop under these standards, especially on Merrimon Avenue site; smaller properties will be negatively impacted with these requirements; and request to only use this as a tool, and let the developers choose if they want to use it or not. Councilwoman Kilgore liked the concept; however, she felt it needed more work on what we are trying to accomplish. Councilwoman Turner felt we should try to look at ways to incentivize this pattern of development. Vice-Mayor Smith closed the public hearing at 7:08 p.m. Vice-Mayor Smith said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"passed","ta":"4-2","cf":"medium","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":1,"mr":"contested vote","sq":7},{"d":"2021-09-28","mt":"regular","id":"IV-B","ref":"ORD 4406","it":"ordinance","t":"Public hearing/ordinance to conditionally rezone 70 Mills Gap Road to Residential Expansion-Conditional Zone","desc":"At the applicant’s request, on June 22, 2021, a motion was made and seconded to continue the public hearing to conditionally rezone 70 Mills Gap Road from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional zone to September 14, 2021. On September 14, 2021, at the applicant’s request, this public hearing was continued to this date. Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally rezoning 34/5 acres located at 70 Mills Gap Road from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional Zone. This public hearing was advertised on June 11 and 18, 2021. Project Location and Contacts: - The project site consists of a portion of a large 34.5 acre parcel located at 70 Mills Gap Rd. (PIN 9655-45-6682) - Owner: Amcor Flexibles Inc. Summary of Petition: - This petition is to construct a 73 unit residential development with associated road and utility infrastructure. - The development will include 51 single family lots and 22 attached townhouse units. - The project area is approximately 11.5 acres based on the proposed limits of disturbance; the remaining 23 acres will remain wooded and undisturbed. - The applicant is seeking a rezoning via conditional zoning due to the number of housing units (over 50) that are proposed. - The site will obtain access via new road construction off of Mills Gap Rd. with emergency secondary access via a proposed right-of-way through the adjacent Amcor Flexibles  parking lot located at 3055 Sweeten Creek Rd. - The proposed subdivision includes one dead-end road. - Stormwater infrastructure, roads and the water system will be privately owned and maintained; homeowners will be responsible for insurance and maintenance. - Homeowners will also be responsible for the management of all open space. - New roads are proposed to be 22 feet wide with 24 inch standard curb and gutter. - A combination of six foot back-of-curb sidewalk in some sections, and a standard five foot sidewalk with a four foot green strip in other sections is also shown, all contained within a proposed 50 foot right-of-way. - The property is currently split-zoned Industrial (IND) and Residential Single-family, low density (RS-2) with the 12.1 acres of IND zoning lower on the property where topography is less severe and the remaining 22.1 acres of RS-2 zoning on the higher, steeper slopes. - The majority of the project lies within the existing IND zoned portion of the property. - IND zoning does not permit residential development. - The entire 34.5 acre parcel is located within the designated steep slope zones with the large majority of the property located in Zone B. - The average natural slope of the property is 33.5%. - Grading and other land disturbing activities are limited to a total disturbance of no more than 10.6 acres (31%) based on steep slope requirements. - The proposed project disturbs approximately 11.5 acres (33.4% of the property). - The property includes two jurisdictional streams and two jurisdictional wetlands areas, all of which will be impacted by the proposed development and will require permitting from the Army Corps of Engineers and NC Department of Environmental Quality. - Portions of the streams will be piped and/or bridged, while other sections will remain daylighted with the 30’ stream buffers intact. - There is unconsolidated fill in the center of the project area containing boulders, organics and other trash/debris. This fill material will be remediated as part of this project. - Single family home lots are proposed to be 48 feet wide x 76 feet deep for a total lot area of 3,648 square feet per home site. - All of the single family lots will have individual driveways leading to a garage. - Townhouse lots will have smaller lot areas and will share driveways. - Different home models and floor plans are proposed; all homes will be two-stories with a garage and range in size from 1,360 to 2,368 square feet. - Five retaining walls are shown and range in maximum heights from nine feet to 25 feet tall. - Cut slopes are also shown along the back of the northern lots with a maximum cut slope extending approximately 60 feet with a height of 25-30 feet. - Individual home sites include the use of stem walls to accommodate grade transitions. - A small community open space area is dedicated in the center of the community. - Open space, tree canopy preservation and street trees are required. - The proposed plan exceeds the requirements for open space and tree canopy preservation. - The project does not comply with the zoning standards in the following ways: - Grading in excess of the maximum allowed in a steep slope zone - Back-of-curb sidewalk instead of a standard sidewalk in some locations Comprehensive Plan Consistency: - While projects located in steep slope areas come with inherent impacts, this development proposal, overall, has been found to be consistent with the Living Asheville Comprehensive Plan themes of a “Livable Built Environment”, “Resilient Economy”, “Harmony with the Natural Environment” and “A Healthy Community” by supporting the following goals & strategies:  - Encourage Responsible Growth by preserving and protecting sensitive land, including steep slopes. The project exceeds the grading normally allowed in the steep slope zones by approximately 3% but concentrates the disturbance on the lowest, less steep portions of the property and preserves the upper slopes as one large contiguous area. - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking & Increase and Diversify the Housing Supply by encouraging infill development with a mix of housing types that are affordable to a wide range of income levels (p. 153) and that accommodate a range of age groups (p. 180). This project provides a variety of house plans that range in size and features. - Promote the Development and Availability of Affordable and Workforce Housing by promoting affordable housing policies (p. 183). The project includes five homes (about seven percent of the total units) proposed to be sold to individuals earning at or below 80% area median income (AMI). The remainder of the homes will be sold at market prices but will be priced in a workforce housing range. This project requires private stormwater infrastructure, a pump station and private water system, as well as maintenance of private roads, sidewalks, retaining walls and open space within the community. It is unclear how much additional cost should be anticipated with these maintenance responsibilities. This may add to the cost of housing for future residents. - The Future Land Use Map identifies the subject property as “Residential Neighborhood” which is characterized by low density, single family development that is sensitive to the natural environment with the following guideline, “In areas that could impact the natural environment, such as waterways or steep slope areas, cluster development (also known as a conservation development) should also be encouraged” (p. 346). While not fully meeting the characteristics of a “conservation development” this project provides elements commonly found in those communities including: - Protecting natural environmental features (i.e. steep slopes) and permanently preserve those natural open spaces (through the adoption of the project conditions) - Cluster homes in compact walkable areas (homes are connected to each other and to the larger community via sidewalks & road) Compatibility Analysis: - The proposed zoning (RES EXP) and land use (single-family residential) is compatible and consistent with other low to moderate density developments to the north, east and south of the subject property. - The proposed community will also be buffered from the low density/low intensity non-residential uses to the west through open areas and preservation of existing vegetation.  Committee(s): - Technical Review Committee (TRC) - April 5, 2021 - approved with conditions. - Planning & Zoning Commission (PZC) - June 2, 2021 - unanimously denied, 7:0. The applicant has revised plans after the June 2, 2021, PZC hearing (see Staff Recommendation below). Staff Recommendation: - Staff had concurred with the Planning & Zoning Commission and recommended denial of this rezoning request as formerly designed; however, the applicant has since reduced the scale of the project thereby reducing the environmental impacts, which addresses a number of the key concerns. - As a result, staff is now recommending approval. Ms. Tuch reviewed the aerial map, showing an undeveloped, forested property; jurisdictional streams and wetlands; steep slope; and unconsolidated fill. She then reviewed the site plan which was reviewed by the Planning & Zoning Commission on May 5, 2021: 76 single family lots (3,648 s.f. per lot); private road and utility infrastructure; retaining walls; small community area; preserved open space/forested slopes; and unconsolidated fill removal/mitigation. The site plan was then revised and reviewed again by the Planning & Zoning Commission on June 2, 2021, with a unanimous recommendation to deny. The site plan was then revised based on feedback from the Planning & Zoning Commission and City staff (noting that the Commission has not had the opportunity to review and evaluate the revised plans): replaced 25 single-family home lots with 22 townhomes (-3 units); shared driveways incorporated (1 per two townhomes); depth of driveways extended to 18’ minimum, where adjacent to sidewalk; planting strip widened to 5 feet (no longer required modification); steepness of the cut slope reduced from 1 ½:1 to 2:1 (no longer required modification); extent of grading reduced from 13.5 acres to 11.5 acres; and extent of retaining walls reduced and pulled away from aquatic buffer. Ms. Tuch said that conditions are (1) technical modifications (a) 6’ back of curb sidewalk at entrance; and (b) grading exceeds steep slope requirements (maximum 31% or 10.6 acres); (2) 73 residential dwelling units (51 single family homes, 22 townhomes); (3) private road, utility and community infrastructure; (4) private open space including centrally located community space plus 23 acres undisturbed steep slopes; and (5) five affordable units (80% AMI 15 years). Mr. Wyatt Stevens, attorney representing the applicant, said that this project seeks to conditionally zone a 34.5 acre parcel from industrial and residential to residential expansion. The project will be a 73 unit single-family residential subdivision with associated road and utility infrastructure (51 single-family lots and 22 townhouse units). The project area is approximately 11.25 acres based on the proposed limits of disturbance; the remaining 23.25 acres will remain wooded and undisturbed. The site will obtain access via a new road construction off of Mills Gap Road (with emergency secondary access via a proposed right-of-way through the adjacent Amcor Flexibles parking lot on Sweeten Creek Road if required. He showed a view of Hawthorne at Mills Gap Apartments , which is adjacent to the property. The project will improve the property by removing a large quantity of buried household garbage and unconsolidated fill. He then showed a rendering of the proposed project. The project substantially meets all technical requirements of the Unified Development Ordinance (UDO) (1) grading in excess of the maximum allowed in a steep slope zone - technically true, but only grading 11.25 acres out of 34 total acres (Council has the power to grant an exception); and (2) when you include more level areas on the ridge and near the creek, the average natural slope of the open space is less than 25%. In addition, this project preserves a visible mountain ridge with mature tree canopy in the heart of south Asheville. He said this project meets several Living Asheville priority strategies (1) Goal 5 - Make Streets More Walkable, Comfortable and Connected (a) 22’ wide entrance road and neighborhood roads; (b) 6’ sidewalk along entrance road; (c) 5’ sidewalks and 5’ planting/street tree strips on all interior  roads; and (d) pedestrians can access to Mills Gap Road, Sweeten Creek Road, grocery stores, gas stations and Ace Hardware; (2) Goal 7 - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking (a) creates a community of 73 small, individual homes and townhomes, five of which will be sold to people making 80% of AMI; (b) lots are in full compliance with UDO for size, spacing, sidewalks and parking; (c) adjacent to large multi-family on one side, large single family lots on the other side, an industrial facility on the corner, all backed by a wooded, protected ridge of more than 23 acres with mature tree canopy; (d) 7,600 square feet of community open space/playground amenity; and (e) sidewalk pedestrian access to shopping; (3) Goal 10 - Improve Transit Service (a) neighborhood is located on the bus line; and (b) neighborhood is close to many different kinds of jobs; (4) Goal 13 - Increase and Diversify the Housing Supply; and Goal 14 - Promote the Development and Availability of Affordable and Workforce Housing (a) 73 much needed small, new, moderately affordable single family homes; and (b) offer to deed restrict 5 homes affordable to people making 80% of AMI. He then showed some pictures of representative homes. He urged City Council to approve this conditional zoning request in that it (1) preserves sensitive steep slopes and large, natural open space areas; (2) locates a variety of housing types in a rapidly urbanizing area that is moderately well connected; and (2) provides housing that is affordable to a range of income levels, including five hoes affordable to those earning at or below 80% AMI. In response to Councilwoman Turner, Mr. Stevens confirmed that Condition #11 should read “The applicant has committed to offer five (5) of the completed homes for sale to individuals or families making no more than 80% of the Area Median Income, …” When Councilwoman Turner asked if the applicant would be willing to consider 10% of affordable housing (5 homes is 7% of the total units), Mr. Stevens said that the site is challenging and acquisition cost is significant; so he cannot commit to any more than 5 homes no more than 80% AMI. Mr. Stevens responded to Councilwoman Wisler the reasoning behind the community homeowner association being responsible for maintenance of the open space, retaining walls, sidewalks, roads and all utility infrastructure. In response to Councilwoman Kilgore, Mr. Stevens said that the applicant is thinking the individual single-family homes will be in the mid-$300,000 range. He said that the applicant is willing to leave open whether the five affordable units will be the single-family homes or townhomes and that can be determined as the project progresses. In response to Councilwoman Roney about what prevents this from being a phased development and how does it protect the tree canopy, Mr. Stevens said that because this is a conditional zoning, if Council approves this plan, that is the only thing that can be built. They would have to come back to City Council if they want to build anything else. When Councilwoman Roney asked if the homeowners will restrict short-term vacation rentals, Mr. Stevens said that it would be up to the homeowner association to decide. The applicant did not ask as part of this conditional zoning to permit short-term rentals in the conditions. Ms. Tuch noted that under our current rules, we don’t allow short term vacation rentals in any of our residential districts (so it would not be allowed with this project); however, we would allow homestays. Mayor Manheimer opened the public hearing at 7:53 p.m. and announced that there were no advanced live call-ins for this item. She then closed the public hearing at 7:53 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Roney","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":1,"mr":"contested vote","sq":8},{"d":"2021-09-28","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to amend Articles II and XVI of the UDO re homestays - continued to December 14, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":0,"mr":"continuance","sq":9},{"d":"2021-09-28","mt":"regular","id":"IV-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer (conflict of interest) on the Urban Place Form District matter","desc":"","c":"Administrative","mo":"procedural","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1JEaWOcuXMhtWiAqSEG2ZwyTxV3MTIWwL/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-10-12","mt":"regular","id":"II-A","ref":"","it":"other","t":"Ratification - approval of the minutes of the regular meeting held on September 14, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-10-12","mt":"regular","id":"II-B","ref":"RES 21-208","it":"resolution","t":"Ratification - resolution authorizing a contract with SEPI Engineering & Construction for the French Broad River Greenway West project","desc":"","c":"Parks & Recreation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-10-12","mt":"regular","id":"II-C","ref":"RES 21-209","it":"resolution","t":"Ratification - resolution authorizing a change order with WxProofing LLC for Harrah's Cherokee Center window replacement & concrete repairs","desc":"WxPROOFING LLC FOR HARRAHS CHEROKEE CENTER ASHEVILLE - WINDOW REPLACEMENT & CONCRETE REPAIRS PROJECT - RESOLUTION NO. 21-210 - RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING AND RIGHT OF ENTRY AGREEMENT WITH DUKE-PROGRESS ENERGY TO EXPLORE THE OPTION OF A FUTURE  PROPERTY EXCHANGE FACILITATING THE RECONSTRUCTION OF THE EXISTING DOWNTOWN ELECTRICAL SUBSTATION - RESOLUTION NO. 21-211 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH WK DICKSON FOR THE NEIGHBORHOOD ENHANCEMENT PROJECT AREA 5 PROFESSIONAL SERVICES CONTRACT","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-10-12","mt":"regular","id":"II-D","ref":"RES 21-210","it":"resolution","t":"Ratification - resolution authorizing an MOU and right-of-entry agreement with Duke-Progress Energy re downtown electrical substation","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-10-12","mt":"regular","id":"II-E","ref":"RES 21-211","it":"resolution","t":"Ratification - resolution authorizing a change order with WK Dickson for Neighborhood Enhancement Project Area 5","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-10-12","mt":"regular","id":"II-F","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on September 28, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-10-12","mt":"regular","id":"II-G","ref":"RES 21-212","it":"resolution","t":"Resolution authorizing a contract with Appalachian Paving and Concrete Inc. for the FY2022 utility cut concrete repair contract","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility Program. - This program is an enterprise fund that is supported by the participation and work generated by partner agencies (MSD, Dominion Energy, City of Asheville Water Resources and City of Asheville Stormwater Division). - As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. - At times these activities cut into concrete infrastructure such as curbs and sidewalks. - When this occurs the Utility Cut Program must have a method to address these areas. - This is the ninth year that a private contractor has performed this service. - The contract was advertised on August 18th, 2021 and bids were opened on September 7th, 2021. - The following bid was received: Appalachian Paving and Concrete, Inc. of Swannanoa, NC $287,751.00 - The contract is expected to begin at the beginning of November 2021 and to take approximately 365 days to complete. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. Staff also checked the City of Asheville list of certified MWBE businesses, the NC Historically Underutilized Business database, and the NCDOT MWBE database for potential contractors. - Only two companies from an identified disparity group were found in the ten-county area and staff directly contacted those companies. - The companies did not bid for this contract. - Appalachian Paving and Concrete is certified by the City of Asheville as a woman-owned business and they propose to self-perform the work.  Committee(s): - None. Pro(s): - Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s): - None Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partners participating in the program. - The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-10-12","mt":"regular","id":"II-H","ref":"RES 21-213","it":"resolution","t":"Resolution authorizing the sale of one 2006 Freightliner knuckleboom deemed surplus city property","desc":"Background: - The Sanitation Division of the City’s Public Works Department identified a 2006 Freightliner Knuckleboom as surplus personal property, with no anticipation of future utilization by the City. - A knuckleboom is a truck with a hydraulic arm that was used by Sanitation for the purpose of collecting brush and yard waste for recycling. It is frequently used to collect large brush piles because it can be done with a single operator, as opposed to a crew performing hand loading. - The estimated wholesale value of the 2006 Freightliner Knuckleboom is listed at approximately $30,000 or more, depending on condition. - Bids will be solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale. Vendor Outreach Efforts: - None  Committee(s): - None Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price Con(s): - None Fiscal Impact: - The knuckleboom is fully depreciated and the General Fund will recognize the entire amount as revenue from the sale of the asset.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-10-12","mt":"regular","id":"II-I","ref":"RES 21-214","it":"resolution","t":"Resolution authorizing the City Manager to apply for the N.C. DOT FY grant","desc":"Background: - The NCDOT funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - The City must apply for the program by November 1, 2021 to potentially be approved as a participant. - If approved, NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - State costs would amount to $45,234.90. - Local costs would amount to $5,026.10. - The City has participated in this program annually for the last several years (except FY 21/22 as the program was not included in the State budget). - The transit apprentice would work within the Transit Planning Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship.  Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - 90% of apprentice costs are covered by NCDOT. - Assistance to Transit Planning Division to assist in transit-related projects that serve the City of Asheville and the surrounding community. - Assistance will include continued implementation of the Transit Master Plan (2018). Con(s): - None Fiscal Impact: - Local cost of $5,026.10 which would be budgeted in the Transit Operations Fund for fiscal year 2022-23.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-10-12","mt":"regular","id":"II-J","ref":"ORD 4907","it":"ordinance","t":"Budget amendment to accept a donation from Oasis Recovery Center and Asheville Recovery Center","desc":"Action: Budget amendment, in the amount of $5,000, to allocate a donation from Oasis Recovery Center and Asheville Recovery Center for the purpose of installing a bus shelter. Background: - The Oasis Recovery Center and Asheville Recovery Center are providing $5,000 to install a bus shelter located at Merrimon Ave. and Durwood Dr., just south of Edgewood Rd. outside of CVS, serving the N1 and N2 transit lines. - Within the ART Transit System, the stop location is referred to by the following names and numbers: Stop #240: Merrimon Ave. at Edgewood Rd. - The shelter was destroyed by a vehicle crash approximately 1 year ago and is included in the Transit Planning Division’s list of priority stops to be improved as part of the recently awarded $1 million Federal Transit Administration grant for bus stop improvements. The $5,000 donation will be used as matching funds for the grant. - The donation will cover the purchase of the shelter and the cost to install the shelter will be funded through the federal grant. Acceptance of the donation does not impact other stop improvements planned as part of the grant project. - The $5,000 donation will be allocated to the Transit Services Multi-Year Fund. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Provides funding for improved comfort for transit users at a high ridership bus stop. Con(s): - None Fiscal Impact: - Funds from the Oasis Recovery Center and Asheville Recovery Center will be used as match funds for the $1 million federal grant for bus stop improvements received in FY 2021.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-10-12","mt":"regular","id":"II-K","ref":"RES 21-215","it":"resolution","t":"Resolution authorizing the City Manager to ratify and amend the existing transit operations contract","desc":"Background: - The City of Asheville contracts out the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system. - In 2017, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART and RATPDev USA was selected to be the contractor. - The current contract is a four year contract with two optional 2-year extensions. - The fourth year of the contract ended June 30, 2021 and the City opted to exercise the first of the 2-year optional contract extensions as of July 1, 2021 to ensure continued transit operations. - The first 2-year option period will end June 30, 2023. - In the adopted FY 2022 budget, the City Council allocated an additional $175,000 in transit funds to reflect the increase in annual cost for the continuation of the existing/current transit service levels. - Amendment 2 reflects the increase in cost for the current/existing service, including the standard increase to the hourly revenue rate and monthly fixed fee. - The Amendment also includes minor revisions to some language in the contract to further clarify roles and responsibilities. - The City Council also allocated funding to support implementation of additional service (add frequency to the S3 and S6 routes and to extend the hours of operation later into the evening), however, due to the continued national driver shortage, the expansion of service has been postponed. - Therefore, this contract increase does not include funding for the expanded service. - Staff will return to Council to approve an increase to the contract when the transit service expansion becomes possible once required staffing levels have been reached. Vendor Outreach Efforts: - N/A - this is a current contract. An extensive outreach process was conducted in 2017 when the transit operations and maintenance contract was put out for bid.  Committee(s): - N/A - The Transit Committee and Multimodal Transportation Commission were informed of the proposed service increase and increase to the base budget during the budget process. - Staff has notified the Transit Committee and Multimodal Transportation Commission that the planned service expansion has been postponed. Pro(s): - This action will support the continuation of current/existing transit service levels. Con(s): - None Fiscal Impact: - Amendment 2 includes an increase of $175,000 to the annual contract for transit operations and maintenance and reflects the increase in cost of continuing the current/existing transit service for FY 22. - The FY 22 Transit Services Fund budget already includes the increase needed to continue the existing transit service.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-10-12","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider adoption of a corridor study on Tunnel Road - continued to November 9, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"continuance","sq":11},{"d":"2021-10-12","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider adoption of a corridor study on Hendersonville Road - continued to November 9, 2021","desc":"to November 9, 2021. This motion was seconded by Councilwoman Kilgore and carried unanimously by roll call vote.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"continuance","sq":12},{"d":"2021-10-12","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider adoption of a corridor study - continued to November 9, 2021","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"continuance","sq":13},{"d":"2021-10-12","mt":"regular","id":"IV-D1","ref":"RES 21-216","it":"resolution","t":"Public hearing - resolution granting a Land Use Incentive Grant to Kassinger Development Group for 130 Charlotte Street","desc":"Community Development Programs Director Paul D’Angelo said that this is the consideration of a land use incentive grant to Kassinger Development Group (KDG) for 130 Charlotte Street. This public hearing was advertised on October 1, 2021. Review: - KDG has applied for a Land Use Incentive Grant (LUIG) for their development at 130 Charlotte Street per the LUIG policy adopted by City Council and amended on June 22, 2021. - The development is residential rental / mixed use with 186 total units,167 one bedrooms and 19 two bedrooms, with housing representing a majority of the overall rentable square footage. - Of the 186 residential units, 37 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI), with half of those units, 19, accepting Housing Choice Vouchers / Rental Assistance for individuals and families at or below 60% AMI, for a minimum of 20 years. Note - KDG is offering 30 years. - The project encompasses 2.34 acres of land bound on Charlotte Street, pin number 9649-53-7348. - The developer estimates a total development cost of approximately $42,900,000. - Estimated Tax Value of the property is $26,970,000 post-completion. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of Asheville for households earning at or below 80% of the Area Median Income (AMI). - The affordable units will be affordable to and leased to income-eligible households for at least 20 years. Note - KDG is offering 30 years. - The proposed development is located inside the city limits. - The proposed development provides residents convenient access to jobs, schools, and services. - The proposed development is over the 70% residential threshold in use based on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive: - 40 total points for affordability, - 20 points for the location, and an additional - 20 points for energy efficiency, - for a total score of 80 points. - Per the policy, this will equal 16 years of grants in the amount of the City Property Taxes payable on the 130 Charlotte Street Development. Proposal: - Affordable Rental Housing - The proposed project will provide: - thirty-seven (37) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI, - with 19 (50% of the affordable units) accepting rental assistance, for an affordability period of thirty (30) years. - Under this category, the project qualifies for 30 points. - Rental Assistance - The proposed project will accept 19 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more. - Under this category, the project qualifies for 10 points. - Superior locational efficiency - The proposed project is located: - within .25 mile of a 1⁄2 hour transit stop served by an existing sidewalk, - within 1 mile from a job or urban center, and - within a .5 mile from a Transportation Amenity. - Under this category, the project qualifies for 20 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star Certification and Solar Panels for the common areas. - Under this category, the project qualifies for 20 points. - Staff has scored the project with 80 points, which qualifies the project for sixteen (16) years of Land Use Incentive Grant.  Committee(s): - Housing & Community Development Committee - September 21, 2021 - Unanimous Approval Pro(s): - The proposed project will provide: - 37 affordable rental housing units to households earning 80% or less of area median income, - with half of those units, 19, accepting Housing Choice Vouchers / Rental Assistance for individuals and families at or below 60% AMI. - The proposed project addresses the pressing need for affordable one-bedroom apartments with: - approximately 32 one (1) bedrooms, and - 5 two (2) bedrooms - for a total of 37 affordable units; - The proposed project will have an affordability period of thirty (30) years; - The proposed project should have a significant economic impact. - Construction wages and material purchases will positively affect the local and regional economy; - The 37 affordable units are located in North Asheville (walkability score of 65 - somewhat walkable, bike score of 60 - bikeable, some bike infrastructure) and provide downtown employment & shopping options for individuals and families who fall within the 80% AMI incomes. - KDG will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers and Rental Assistance as the development prepares to come online. Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development. Fiscal Impact: - The parcel has a combined current tax value of $3,612,300 and pays city property taxes of approximately $14,558 annually. - Under the estimated tax value of $26,970,000M post-completion, the annual city property tax will be approximately $108,689. - The difference is $94,131 which would be granted to the property owner annually after payment for 16 years. - For 16 years and 37 affordable units at or below 80% AMI, the city will grant back a total of $1,506,096 over the 16 years of the LUIG which equals $40,705 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in Council Work Sessions and a subsidy cap noted in the LUIG Policy. - After year 16, the City will receive the approximate $108,689 annually in city tax revenue (depending on future property tax increases, etc.). - Please note the City will still receive property taxes of approximately $14,558 in years 1 - 16. - The City sets aside a budget annually for Land Use Incentive Grants. In response to Councilwoman Wisler, Councilwoman Turner, Chair of the Housing & Community Development (HCD) Committee, said that this request was reviewed by the HCD Committee and received unanimous approval. In response to Councilwoman Turner, Mr. D’Angelo said that the affordable units will be spread throughout the building. He also said that once the renter surpasses the income level of 80%-120% AMI, they will have four months to make a decision on whether they can pay the full amount of rent or move out. Councilwoman Wisler was pleased to see that the developer has agreed to a 30 year commitment of affordability, not just the required 20 years in the LUIG. Mr. D’Angelo responded to Councilwoman Roney when she asked if our grant is based on the taxable value of the land or the end sale price of the land. Mr. D’Angelo said that it is based on taxable value and at this time it is only an estimate. But when we actually go to contract and the building is complete and we finalize the documents, i.e., deed restriction and this LUIG, we will look at the final taxable value to see how close that estimate was. But, the final taxable value is what we will base the grant upon. In response to Councilwoman Roney, City Attorney Branham said that if the final tax value comes in greater than the original estimate, the amount of subsidy will go up if tax value goes up. The net effect on the City is essentially the same. They would essentially receive a greater grant back only if the tax value was greater. Councilwoman Roney said that as we analyze how these LUIGs are working as they are finalized, the big picture is if we were to be partnering with groups that have permanently affordable housing as their mission, would we get farther in per unit than what we are attempting to do now. PUBLIC HEARING TO CONDITIONALLY ZONE 130 CHARLOTTE STREET FROM COMMUNITY BUSINESS I DISTRICT TO COMMERCIAL EXPANSION - CONDITIONAL ZONE","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2021-10-12","mt":"regular","id":"IV-D2","ref":"ORD 4908","it":"ordinance","t":"Public hearing - ordinance to conditionally zone 130 Charlotte Street from CBI to Commercial Expansion-Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of conditionally zoning 130 Charlotte Street from Community Business I District to Commercial Expansion - Conditional Zone. This public hearing was advertised on October 1 and 8, 2021. Project Location and Contacts: - The project site consists of a single 2.34 acre parcel located at 130 Charlotte St. (PIN 9649-53-7348) - Owner: Charlotte Holding LLC. Summary of Petition: - This petition is for the purpose of constructing an approximately 166,000 square foot mixed-use development that includes 186 new residential units and 4,500 square feet of commercial/retail space. - The proposed new street address for the project would be 120 Charlotte St. - The site is 2.34 acres in size and the proposed project will disturb the entire site. - The current zoning is CB-I (Community Business I). - The applicant is seeking a rezoning via conditional zoning to COM EXP-CZ due to the number of residential units and overall square footage requiring Level III review. - Based on the Future Land Use map found in the Living Asheville Comprehensive Plan, the property is currently designated Traditional Corridor which calls for a mix of uses and higher density residential projects with buildings located close to the street and full multimodal access. No change to the FLU will be required. - The maximum density in the COM EXP district is 20 units/acre but may be increased to 50 units/acre with the inclusion of 20% of all residential units being set aside as affordable. This project does include 20% of the units to be affordable but proposes 80 units/acre, exceeding the maximum and requiring modification. - The entire parcel is located within the Charlotte Street Transition Overlay District and is included in the Charlotte Street Innovation District (or Municipal Service District). - The subject property is also located in the Chestnut Hill National Register Historic District. The period of significance for this district is 1865-1929. There are no historic structures on the property and one non-contributing structure (former Fuddruckers restaurant) which is proposed to be demolished. - The site has road frontage on Charlotte St. and E. Chestnut St. with vehicular access into the parking garage proposed from E. Chestnut St. The Traffic Impact Study contemplated access to the garage from Charlotte St. and will need to be updated to reflect the location change. - The existing transit stop near the intersection of Charlotte St. & E. Chestnut St. will be retained with the addition of a transit shelter. - New construction includes a single mixed-use, multi-storied commercial building. The building will range from 3-5 stories in height with the uppermost story stepped back from the vertical plane of the lower stories. The maximum height, as measured by the UDO, is 48’ with an overall structure height of approximately 54’. - Housing is the predominant land use proposed with affordable housing included as part of the project, setting aside 20% of the total unit count (38 units) as affordable to those earning at or below 80% area median income (AMI) for a period of 20 years. During the LUIG presentation, the developer offered a period of 30 years and the conditions will be amended to reflect that. - Off-street parking will be accommodated through two levels of below grade structured parking which will supply approximately 231 parking spaces. Also included in the project is the creation of six on-street parking spaces located on E. Chestnut St. - Almost 19% (18,941 square feet) of the site is proposed as community open space containing a combination of active and passive courtyards, as well as wide sidewalks. Sidewalks are available for public use while the active/passive recreation areas will be restricted to residents and guests and will be privately maintained. - The plans indicate that the required tree canopy preservation requirement (15%) will be satisfied through a combination of new tree plantings with a fee-in-lieu for the balance of the requirement. - Streetscape improvements are noted along both road frontages and with a sidewalk/ped zone that ranges from 10-20’ wide and will include street trees in grates or trees in  planting islands. - The project is seeking several modifications to development standards and does not comply with the COM EXP zoning standards only in that density exceeds the maximum 50 units/acre. - The project does not comply with the Charlotte Street Transition Overlay District requirements in the following ways: - Building footprints exceed 6,000 square feet and gross floor area exceeds 12,000 square feet. (Note: projects that meet additional design criteria may exceed the maximum footprint and gross floor area by 25%; however, this project greatly exceeds those limits.) - Buildings exceed the two-story maximum allowable building height. - The dominant roof form is flat and not gabled or hipped. - Facades are greater than 35 feet. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - This project meets a number of key city goals in the Living Asheville Comprehensive Plan including: - Encourage Responsible Growth - by increasing the city’s housing supply and locating housing density and new jobs in a locationally efficient area, within an Innovation District, which is one of the plan’s identified growth areas. - Make Streets More Walkable, Comfortable and Connected - by supporting multimodal transportation such as transit, bicycling and walking through pedestrian and transit infrastructure improvements. - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking & Increase and Diversify the Housing Supply - by providing contextually appropriate infill development that includes housing, especially affordable housing. Charlotte Street Corridor Plan (1999) - The proposed development supports the following plan goals: - Mixed use development that introduces housing along the corridor (consistent with the Proposed Land Use map in the plan). - A sense of place along the streetscape, including enhancements, is encouraged to address a lack of cohesiveness and pedestrian-friendly infrastructure. - Multimodal and pedestrian improvements, increasing pedestrian activity and parking capacity. - The proposed development can be seen as being inconsistent with one goal in the plan where new development is encouraged to be two to three stories in height and compatible with the historic character, massing and scale of Charlotte Street while preserving aesthetic amenities. - While this building is 3-5 stories in height, it is consistent with the historic character and of the commercial buildings along the corridor. The plan also makes allowances for larger size buildings that otherwise align with the plan. Plan on a Page - Living Asheville Appendix (2018) - Living Asheville included a neighborhood planning initiative called “Plans on a Page (POP)” where neighborhoods provided feedback on their respective neighborhoods and geographies. - The summary for North Asheville included the following recommendation, “Given the existing character of the area, including historic districts/structures, there is a need to balance preservation with accommodation of new demand. The areas with the most potential for higher-density development are along the North’s three primary commercial corridors: Broadway Avenue, Merrimon Avenue, and Charlotte Street. Therefore,  strategies for North Asheville should promote maintaining local character in the residential neighborhoods, while encouraging higher-density development along the commercial corridors.” - The project largely aligns with the Plan on a Page by concentrating the intensity of the project ( 5 stories + commercial space) along the Charlotte St. corridor and stepping the building down as it abuts the residential properties to the north and west. Compatibility Analysis: - Adopted city plans envision a balance of new construction that activates Charlotte Street with historic preservation and neighborhood compatibility goals. - The proposed zoning (COM EXP-CZ) and land uses are generally compatible with the surrounding zoning and uses, surrounded primarily by high density residential in 2-3 story buildings, or community based offices or businesses. - Where the project abuts single family residences, the project will provide a 30 foot Type B property line buffer. - The building has been designed in a way that incorporates design elements found in other buildings on the corridor. - The building design is consistent with the Charlotte Street Transition Overlay District, which states, “It is not the intent that new buildings mimic historic designs, but rather that they combine elements from the historic design palette in new ways to achieve a design which is compatible with and complementary to the historic character of the street” (Section 7-9-10(f)(2)). - The proposed building steps down in height where it abuts the adjacent residential properties. - As stated above a change in the Future Land Use map is not required as the Traditional Corridor future land use designation contemplates a mix of uses and higher density residential projects with buildings located close to the street with multimodal transportation access.  Committee(s): - Technical Review Committee (TRC) - July 19, 2021 - approved with conditions. - Planning & Zoning Commission (PZC) - September 1, 2021 - approved. Staff Recommendation: - Staff recommends approval of the project, for the reasons stated above. Ms. Tuch identified some of the conditions being (1) Technical modification (UDO & Charlotte St. Overlay); (2) Mix of uses (predominantly residential w/ some ground level retail); (3) 20% of units will be dedicated affordable (80% AMI for 30 years); (4) Bus shelter added to Charlotte Street; (5) 18,000 s.f. of community open space; and (6) 231 structured parking spaces. In response to Councilwoman Wisler, Ms. Tuch responded to concerns raised in a letter from the neighborhood. Ms. Tuch said that she believed the application was submitted in May, no steps were skipped, and the applicant took time to explore and address concerns after the Technical Review Committee, so she did not feel this project was fast-tracked. Regarding the project drastically changing from the neighborhood meeting, she said that we require a neighborhood meeting prior to submission of the application so the developer can hear concerns from the community and incorporate them into the design. That was the first time the developer revealed the English Tutor style (noting that was feedback received several years ago on the project). However, that style was a concern to staff who felt that style was out of place on this  corridor and with the Chestnut Hill Historic District. Staff wanted something compatible with historic preservation goals and consulted with the Historic Resources staff. The building did not change at all, but if it did, it was reduced slightly in scale. therefore a new neighborhood meeting was not warranted. The only changes from the Planning & Zoning Commission meeting to this meeting were (1) the parking garage entrance (moved from Charlotte Street to East Chestnut Street); (2) the character of the streetscape (pedestrian zones); and (3) the architectural style (English Tutor style to shingles architecture style or the style of the brick commercial buildings of the City Bakery). Staff felt those changes were positive and they were at staff’s request. Councilwoman Turner noted that the Asheville Citizen-Times printed a story on this project that contained some errors and she has asked that they correct them. Mayor Manheimer opened the public hearing at 6:51 p.m. Ten individuals spoke in opposition to the proposed development at 130 Charlotte Street for various reasons, some being, but are not limited to: current development is not what was presented to the neighborhood at the required public meeting; request to delay vote so neighborhood associations can meet with Council to better understand how we can work collaboratively towards a solution; the proposed conditional zone directly conflicts with the Charlotte Street Transition Overlay District and the Charlotte Street Corridor Plan; the project is inconsistent with the North Charlotte Street Innovation District process; any changes to these Plans should be done with involvement of the whole Charlotte Street Neighborhood; large development is surrounded on two sides of residential homes; and concern of ambient noise with increased traffic. Mayor Manheimer closed the public hearing at 7:23 p.m. In response to Mayor Manheimer, Transportation Director Ken Putnam said that we don’t have any specific data regarding the traffic that Fuddruckers generated vs. traffic from an apartment complex this size. However, the main peaks for a restaurant would be in the lunch hour and evening hour. An apartment complex would have a morning peak hour and an afternoon peak hour. He felt that Fuddruckers’ traffic volumes during the lunch hour were probably equivalent to this project. Fuddruckers was built so long ago that he was not sure if a Traffic Impact Analysis was required, but it would be today. Mr. Putnam agreed with Mayor Manheimer when she recalled the highest traffic counts on Merrimon Avenue and Charlotte Street were during the lunch time. In response to Mayor Manheimer, Ms. Tuch said that there is a pretty dense 30-foot landscape buffer between this project and the adjacent residentially zoned properties. The same buffer would not be required between this project and the commercially zoned properties; however, this project still provides approximately 20-feet of buffering along those uses as well. In response to Councilwoman Mosley, Mr. D’Angelo said this is one of our highest earning census tracts. Ms. Tuch said that some mixed-use and mid-scale multi-family are coming into some of these infill area opportunities. She said that there are two projects on Broad Street and they did include some affordable housing (but very small - 1 or 2 units; or 2-3 units). The other more significant in size affordable housing project was on Larchmont off Merrimon Avenue back in 2009. In response to Councilwoman Turner, Mr. Putnam said the N.C. Dept. of Transportation (NCDOT) would need to be involved in changing the timing of the signal on East Chestnut and Merrimon Avenue, noting that it will have a compound effect on the other intersection lights along East Chestnut Street. However, he meets regularly with the NCDOT staff and would be happy to ask them to investigate that signal.  In response to Councilwoman Wisler, Mr. Putnam said that they are about 80% complete on a project to physically mark parking spaces alternately along East Chestnut Street. Hopefully the new Traffic Engineer will be able to finalize that project. In response to Councilwoman Roney, Ms. Tuch said that the transition height from the project to the neighborhood is three stories. Mayor Manheimer said that members of Council have previously received copies of the resolution ordinance and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":1,"mr":"contested vote","sq":15},{"d":"2021-10-12","mt":"regular","id":"VI-1","ref":"RES 21-217","it":"appointment","t":"Resolution appointing David Bartholomew to the Homeless Initiative Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Homeless Initiative Advisory Committee. Parker Smith has resigned as a member of the Homeless Initiative Advisory Committee, thus leaving an unexpired term until November 1, 2022. The following individuals applied for the vacancy: Sarah Rick, David Bartholomew, Angelique Brickner, Emily Kirchmeyer and Louisa Shipnuck Jones. It was the consensus of the Chair and staff liaison, and the consensus of the Boards & Commissions Committee to appoint David Bartholomew..","c":"Housing","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2021-10-12","mt":"regular","id":"VI-2","ref":"RES 21-218","it":"appointment","t":"Resolution appointing Harvey Harold to the Human Relations Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission (HRCA). Tim Collins has resigned as a member of the HRCA, thus leaving an unexpired term until June 1, 2022. The following individuals applied for the vacancy: Amanda Benson-Bremseth, Michael Brown, Edie Welchert and Harvey Dean Harold. It was the consensus of the Boards & Commissions Committee to appoint Harvey Harold.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"no material signals","sq":17},{"d":"2021-10-12","mt":"regular","id":"VI-3","ref":"RES 21-289","it":"appointment","t":"Resolution appointing members to the Noise Advisory Board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Noise Advisory Board. On July 27, 2021, City Council adopted Ordinance No. 4390 amending the Noise Ordinance. Said ordinance dissolved the Noise Ordinance Appeals Board and in its place adopted a Noise Advisory Board. Seven members will need to be appointed to the Board as follows: three residents, one representative of the restaurant industry, one representative of the industrial or construction industry, one professional in acoustic engineering or related field; and one representative of the performing arts. The following individuals applied for the vacancies: Charles Beck, Jeffrey Fromson, Maria Burril, Rick Freeman, Larry Holt, Megan Riley, Sharron Davis, Drew Dodge, Fletcher Maffett, Nancy Curtis, Eric Riffe, Jim Comer, Hernan Navarro, Seldern Porter Haizlip, Charles Warner, Michael Fulbright, Catherine Reed, Jessica Tomasin, Sunset Carson Appleton, Elliott Eichler, Elizabeth Whalen Tallent, Jeffrey Santiago, Dana Robertson, Lillianna Woody, James Harwood, Anoop Krishnan, Sally Spiegel, Matthew Calton, Carmelo Pampillonio, Nick Malgieri and Ryan Hargis. It was the consensus of the Boards & Commissions Committee to appoint Jeff Santiago, Rick Freeman, Charles Beck, Jessica Tomasin, James Harwood, Anoop Krishnan, and Carmelo Pampillonio.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K4Kk__nd4I60cxbu0sEAEfyIRzwE1ujd/view?usp=sharing","mat":0,"mr":"no material signals","sq":18},{"d":"2021-10-26","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on October 12, 2021","desc":"This item was removed from the Consent Agenda for discussion and/or individual vote.","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-10-26","mt":"regular","id":"II-B","ref":"RES 21-220","it":"resolution","t":"Resolution authorizing the City Manager to enter into a lease agreement with The Grind, LLC, at 8 River Arts Place","desc":"Background: - PSNC Energy donated the structure and land at 8 River Arts Place to the City in 2012. - The City renovated the structure and opened it to the public in 2017. - It was available for short term rental for events and the attached public restrooms were available from dawn to dusk. - The Master Plan for the Riverfront was completed in 2015 and long term plans were always to secure an appropriate single tenant for the property. - The main room has 1,064 square feet of indoor space and roughly 1,300 of outdoor deck space for use by the tenant. - The City’s Real Estate Office issued a Request for Proposals in May of 2021. - This process was designed to incorporate an equity lens at every stage. - Community Outreach was an important component of the process and took place during the Spring of 2021. - Each applicant was asked to address how their proposal would enhance the revitalization of the River Arts District and support City Council’s Strategic Goals. Applicants included: - Asheville Buncombe Community Land Trust - BeLoved Asheville - Effulgence Skin & Wellness, LLC. - Flying Bike, Hood Huggers International, and Asheville Hiking Tours (Proposing “RAD Excursion Hub”) - GRIND, LLC. (Proposing “Black Wall Street AVL”) - The Grind’s proposal entitled “Black Wall Street AVL” was chosen by the Staff Selection Committee because it will celebrate Black history, encourage retail activity by Black artists and businesses and provide cultural event space. - Grind LLC has proposed to pay $1,500 per month or $18,000 per year in rent and are requesting an initial 4 year term with an option to renew for another 4 year term. - This rental rate is on par with area fair market rentals in the area and considers the ongoing public use of the adjacent public restrooms.  Committee(s): - The Planning and Economic Development Committee recommended approval at their meeting on October 11, 2021. Pro(s): - The tenants’ program will act as an economic development engine for the River Arts District - Black owned businesses will have an opportunity to partner with Black Wall Street AVL and sell their products at this location. - The building will provide event space for cultural and educational events. - City will be receiving fair market rent for the space.  Con(s): - None Fiscal Impact: - Rental revenues will be used to offset the costs of utilities and maintenance.","c":"Economic Development","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":3},{"d":"2021-10-26","mt":"regular","id":"II-C","ref":"RES 21-221","it":"resolution","t":"Resolution authorizing approval for IDEXX Corporation as sole source provider for Colilert/Simplate products for the Water Resources Laboratory","desc":"Background: - A Biological Certification to analyze water samples from the City’s water distribution system is required by the NC State Laboratory of Public Health. - Water Resources’ Laboratory is required to comply with EPA’s Revised Total Coliform Rule. - The Water Resources Laboratories are required to use an approved Standard Method (SM-9223B) of analysis. - Colilert is one of the most reliable and quickest methods to produce accurate results. - Using Idexx Corporation as a Sole Provider for Colilert/Simplate Products will ensure continued certification by NC State Laboratory of Public Health and compliance with the EPA’s Revised Total Coliform Rule.  Vendor Outreach Efforts: - Idexx is a Sole Source Provider of the Colilert and Simplate products.  Committee(s): - None Pro(s): - The Water Resources Laboratories will remain certified as required by the NC State Laboratory of Public Health. - Ensures Water Resources meets all mandated State and Federal regulatory requirements for the Safe Drinking Water Act/ Revised Total Coliform Rule. - Colilert is a reliable product that provides for accurate results and ease of use for employees. The analysis is simple and fast, allowing time for employees to focus on other duties. Con(s): - None Fiscal Impact: - $25,234.64 per year, with a plan to request a set price for a three year period. This is a planned cost included in each fiscal year budget. Funding is allocated within the Water Resources Operational Budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-10-26","mt":"regular","id":"II-D","ref":"RES 21-222","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Marathon Health for oversight and management of the City of Asheville's Employee Health Center","desc":"Background: - The City of Asheville maintains an Employee Health Center (EHC) providing basic medical services staffed by one Physician Assistant and one Medical Assistant with oversight by a part-time physician. - The previous contract for physician oversight was with Advent Health Hendersonville. - Advent chose not to renew the contract. - A Request for Proposals (RFP) process for selection of a new provider was completed and the RFP selection committee chose Marathon to provide oversight and management of EHC. - Under the new contract, Marathon will provide the services of a part-time physician, increasing physician hours to 20 hours a week from 10 hours a week with the current physician. Marathon will add a medical assistant and a practice support specialist. - The additional staff will expand availability of appointments for employees, shifting health claims costs from the market. - Marathon strives to provide a patient experience focused on wellness before, during, and after a visit resulting in lower costs, improved outcomes and better health. - Marathon will provide acute care, medical procedures, preventive care and screenings, annual well visits and physical examinations, workplace injury support, care referrals and follow-up visits. - Other enhancements include the addition of an online scheduling system and secure messaging, ability to conduct acute care and health coaching via phone or video through a new patient portal. - Contracting with Marathon will reduce the costs for supplies as they purchase at scale. - Having access to Marathon’s expanded network will increase the offerings to employees and expand access to quality health care.  Pro(s): - Ongoing access to certified medical providers including physicians to provide oversight for both personal and workers compensation-related care. - Access to Marathon’s large network will increase the offerings to employees and provide greater access to quality health care. - Expansion of wellness programs and resources for employees. - Greater utilization can result in better containment of health insurance claims costs. Con(s): - None. Fiscal Impact: - The adopted FY 2021-22 budget for management of the EHC is $784,628. - The annual cost of the contract is slightly higher at $864,400 for staffing, supplies, wellness programs and management of the EHC. - For the remainder of Fiscal Year 2021-22 funds will be redirected from the existing EHC and health claims budgets which are part of the Health Insurance Internal Service Fund. - The additional costs will be offset by the elimination of contractors for services that will be provided by Marathon in the future.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-10-26","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to rezone approximately 128 acres from Residential Single-Family Medium Density District to Urban Place Form District","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":4},{"d":"2021-10-26","mt":"regular","id":"VI-A","ref":"RES 21-223","it":"resolution","t":"Resolution approving a Housing Trust Fund loan modification request by Mountain Housing Opportunities to maintain affordable housing conditions at Compton Place","desc":"Community Development Programs Director Paul D’Angelo said that this is the consideration of a resolution approving a Mountain Housing Opportunities (MHO) request to extend the maturity date of Housing Trust Fund Loan (HTF) 2001-02 (Compton Place) from December 7, 2021, to December 7, 2031, reduce the interest rate from 2.25% to 0.00%, and modify the loan payments to annual principal only payments of $3,962 with a balloon payment of approximately $100,380. Background: - MHO received a HTF loan in the amount of $140,000 in December 2001 for Compton Place to construct 40 affordable rental units for low-income senior citizens on Eliada Home Road. - The project serves seniors who are 55+ and who earn 50-60% of the Area Median Income (AMI). - This project was completed in March 2003. - Per the promissory note, the principal amount is deferred until December 7, 2021, with annual interest payments of $3,150.00 each year. - To date, $52,960 of interest has been paid on this loan. - Per MHO, Compton Place’s cash flow does not support a loan large enough to pay off this loan and other debts. - MHO intends to bundle Compton Place with other older properties, submit them for an allocation of 4% tax credits (non-competitive) with North Carolina Housing Finance Agency (NCHFA), and complete a moderate level of rehab. - This would involve restructuring the financing and paying off the existing debt on other loans. - Community and Economic Development (CED) attempts to work with our development partners who wish to extend their affordability periods, add additional affordable units, improve cash flow for reserves, etc.  Committee(s): - Housing & Community Development (HCD) - October 19, 2021 - unanimously approved to move forward to City Council Pro(s): - By approving MHO’s request, affordable units are preserved for an additional 10 years while also providing MHO with the opportunity to complete moderate rehabilitation of the property. - HTF dollars are preserved. - This loan is not being forgiven but extended. - The City has received annual interest payments for the last 20 years. - It will not collect future interest payments, but will instead receive an annual principal only payment of $3,962 with a one time payment of approximately $100,380 in December, 2031. Con(s): - None. Fiscal Impact: - No effect on the general fund. - This loan was made utilizing the Housing Trust Fund. While the Housing Trust Fund will not receive a balloon payment of $140,000 in December as anticipated, this money will be repaid to the City annually over the next 10 years with a balloon payment in December, 2031. Mr. D’Angelo responded to Councilwoman Wisler when she asked how reasonable it would be for Mountain Housing Opportunities to pay back the capital in the next 10 years given the fact that the first 10 years the cash flow did not support the loan. Mayor Manheimer announced that there were no advanced sign-ups for this item Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":5},{"d":"2021-10-26","mt":"regular","id":"VI-B","ref":"RES 21-224","it":"resolution","t":"Resolution amending a Grant Agreement with Haywood Street Community Development for additional due diligence costs in pursuit of approximately 42 permanent affordable rental units","desc":"Community Development Programs Director Paul D’Angelo said that this is the consideration of a resolution amending a Grant Agreement with Haywood Street Community Development for additional due diligence costs in their pursuit of the development of approximately 42 permanently affordable rental homes. Review: - Haywood Street Congregation has proposed the development of approximately 42 affordable apartments with the potential for 5550 sq. ft. in community space on a .83 acre on a parcel located at 343 & 357 West Haywood Street. - Haywood Street Congregation is an urban ministry with its main headquarters located at 297 Haywood Street. - Core programs include weekly worship, a clothing closet, community garden, a free community lunch known as the Downtown Welcome Table, and Haywood Street Respite,  which offers a safe place for adults experiencing homelessness to stay on a short term basis after being discharged from a hospital. - Haywood St. has formed a 501(c)3 non-profit, known as Haywood Street Community Development (HSCD), with the intention to provide permanent affordable housing to the most vulnerable members of the Asheville community. - HSCD is partnering with Ward Griffin of Grace Construction, a local development firm with over 80 years of development experience, and Austin Tyler with Dewey Property Advisors, to purchase, develop and construct the project. - While HSCD has been serving the homeless community for quite some time, this will be their first effort towards developing a permanent residential apartment project with onsite supportive services. - HSCD hopes to construct its first development consisting of a single building with approximately 42-units, to be leased with permanent affordability deed restrictions requiring rental of units to households earning 80% and below of the Area Median Income (\"AMI\"), with a goal to have up to half of the apartments at or below 30% AMI as may be reasonably feasible, and approximately 5,500 square feet of community space. - Last year, the City was working on an agreement to sell City owned property located at Asheland Ave. to HSCD for this affordable housing development and HSCD incurred costs in due diligence and design in anticipation of being able to purchase that property. - However, after significant input from the community, it was determined that the Asheland property was not an appropriate site for this development. - Due to the aforementioned reason, as well as due to a need for the type of affordable housing proposed, the City is exploring a partnership with HSCD to develop the affordable housing project on a different site and has committed $71,000 in due diligence funding in the form of a Grant Agreement, with $10,000 in an earnest money deposit for the purchase of the site and $61,000.00 for due diligence investigations, including surveying, environmental site assessments, geotech analysis, title examination, and civil and architectural site planning, and any other investigations of the site as may be necessary or desirable, at the discretion of HSCD. - The Grant Agreement also states that HSCD and the City shall work toward the goal of an additional grant agreement ensuring comprehensive opportunities including purchase of the West Haywood Street site and construction of the development. - With the property under contract, HSCD is asking for an Amendment to their Grant Agreement and an additional $225,000 in grant funding to pursue those additional investigations and due diligence of the site, using Affordable Housing Bond dollars as the City’s funding source. - HSCD reserves the right to return to the City for additional grant agreement funding to include purchase of the site and construction of the development if due diligence items point towards the successful development of a 42 unit affordable housing community. - Additional “Eligible Project Costs” could include site infrastructure costs, including without limitation, abatement, demolition, mobilization, erosion and stormwater control, excavation and grading, materials testing, retaining walls, guard rails, fencing, sewer, water, fire, electrical, and gas lines and other infrastructure improvements, landscape, streets, sidewalks, parking lots, related engineering costs for site work and any other costs approved by the City Manager or his/her designee. - If the purchase of the property does not proceed to closing, Haywood Street will assign the rights to and provide copies of any and all due diligence items to the City who will be the rightful and final owner of the materials. Committee(s): - The Housing & Community Development Committee unanimously recommended moving this forward at their meeting on October 19, 2021.  Pro(s): - The approval of the amendment to the Grant Agreement will allow the developer to continue their due diligence work and finalize their other sources of financing necessary to move forward with the purchase and development of the property. - The City will gain 42 new permanently affordable housing units under 80% AMI, with a goal of up to half of the apartments at or below 30% AMI and approximately 5,500 square feet of community space. - This development aligns with the City of Asheville’s Consolidated Plan goals of prioritizing the development of affordable rental housing to individuals & families at or below 60% AMI. Con(s): - Funds are granted towards the due diligence phase of this project. - A final successful project depends on HSCD obtaining financing, securing project zoning approvals and receiving clear legal title for the property. - If HSCD is not able to clear these steps, then the parcel may not be purchased and a project may not be constructed. Fiscal Impact: - With the approval of this amendment, a total of approximately $296,000 will be allocated towards this project utilizing the previously approved budget from the 2016 General Obligation Bond Program. Mr. D'Angelo and Interim Director of Community & Economic Development Nikki Reid responded to various questions raised by Council (and those which he could not respond to were addressed by Pastor Brian Combs), some being, but are not limited to: confirmation that if the project doesn’t get built, does the City need to reimburse the Bond program; how much did HSCD spend on the Asheland project and is our investment \"payback\" for that failed project; what commitments has HSCD received and what conversations have taken place for other funding sources; what due diligence did the City perform in order to support funding for this project; have there been other circumstances where the City has committed due diligence funds at this early stage in development; and what is our Fund Balance amount. Mayor Manheimer said that we have asked community partners to step up and help serve the community, especially in serving the population that is intended to be served by this project. Others, i.e. Homeward Bound, A-B Community Christian Ministries, Helpmate, who are providing housing for this population, have used their own funds for their due diligence, and they seek help from the City for their capital expenses. We are at the due diligence stage in this project and possibly this money will not be recoverable. This group has never done this and there is a risk associated; however, we have asked our community for these type projects. Pastor Brian Combs said this is not a low barrier shelter - it is 45 deeply affordable permanent apartments at 339 West Haywood Street on .83 acres. It will include 24 one-bedroom, 18 two-bedrooms, and 3 three-bedrooms. It is a mixed-income development with 23 homes at 30% AMI (people making up to $15,000/year), all Housing Choice Voucher residents; 9 of the homes will be at 60% AMI (people making up to $30,000/year); and 13 of the homes will be at 80% AMI (people making up to $42,000). One hundred percent of the units are affordable in perpetuity. The goal of the project is based upon studies stating there is only one AMI category that is urgent and that is the 30% AMI category. We need this due diligence funding in order to move to Phase 2 of this project - schematic drawings, stormwater erosion, sewer, more accurate proforma, and move through the Technical Review Committee and the  Planning & Zoning Commission. He explained the relationship between the Haywood Street Congregation and the HSCD noting that the HSCD is a completely separate entity from the Congregation; however, the two non-profits are connected. His role is an interim project manager who has voice, but no vote on the board. He explained how this project is different from the Congregation in that the Congregation’s call is that they welcome people without conditions. They anticipate they will have a zero percent vacancy from day one. They will work with the Housing Authority. They may do minimal marketing, e.g., a sign in the ground. They will reach out to applicants of color and lean on their relationship with the Interdenominational Ministerial Alliance, Racial Justice Coalition, advertise in many Black churches, and seek guidance from Board members and staff of color. Regarding keeping the property safe, they have learned the focus needs to be on visitors rather than residents. We offered to start a neighborhood council with WECAN to address issues and problems. They will have cameras, key fobs for entrances and closed stairwells, resident policing program and a safety plan with the Asheville Police Department. Regarding property management, they have had significant conversations with Givens Estate. He then explained their neighborhood engagement over the past few months and invited them to join their Board. They believe the neighborhood engagement is an indefinite process. Mr. Ward Griffin explained their capital funding. He said it is largely dictated by the amount of debt that the project can carry once it’s stabilized. They anticipate refinancing the project with a HUD loan once the property is stabilized - and that is based on the amount of income it produces. They have made funding requests to Dogwood for $2 Million and the County for $2 Million in ARPA funds. The balance would be from the City’s Housing Trust Fund and other programs/grants to be determined. In response to Councilwoman Wisler, Mr. Griffin said that their total investment request for funding from the City would be approximately $2-2.5 Million. There have been initial conversations with City staff but he didn’t think staff has made a final determination of where those funds would come from. Councilwoman Wisler was concerned about the gap in funding if the County or Dogwood do not fund the project. She felt it was premature for the City to be committing to that level of funding with such a large gap in the total funding needed, especially since we are basically committing to $2-2.5 million for this project. Mr. Griffin responded to Councilwoman Kilgore when she asked about maintenance of the building in the short- and long-term. Councilwoman Roney wondered if this project doesn’t close and we have information from the due diligence phase, can we use the information in a different way. Mayor Manheimer said that it would be specific information to this site that the City doesn’t own. Councilwoman Kilgore noted that the information can possibly be sold to another developer of the site and we may get some of that money back. Councilwoman Roney said that one of the concerns of the neighbors is traffic. She noted the many ways that this project is close to transportation resources. Mayor Manheimer asked what would be the detriment to HSCD if the City asked to see the agreement with Givens for the management, written documents from Dogwood and the County on their funding commitments. Pastor Combs said they need one of the three primary partners to take a risk. He said that all partners are waiting for the City to take the risk first. They have been waiting for 8 years on this project and if this is delayed, it would probably be another year or two of the same meetings. Mr. Griffin noted that they had an option on the property which ends in January 2022 and that is with a 30 day extension.  Vice-Mayor Smith noted the City always has to go first and assume the risk. She said this type of housing is such a great need in our community and we are serving the most vulnerable people. When Councilwoman Mosley asked if we could use ARPA for this due diligence cost, City Manager Campbell said she will check; however, the City has already put out a request for proposals for use of these funds. Two individuals spoke in support of the amendment to the grant agreement for the Haywood Street Community Development for various reasons, some being, but are not limited to: need for deeply affordable housing for our community on West Haywood Street; and there has been substantial engagement with the neighborhood and they expect there will be continued engagement on the design and management of the project. Three individuals spoke in opposition to the amendment to the grant agreement for the Haywood Street Community Development for various reasons, some being, but are not limited to: there is only one access road into the neighborhood, and it is already very congested at times, especially at the intersection of Clingman and Hilliard; project is too large for this neighborhood; development is not keeping with the fabric of the community; additional traffic and crime concerns; and doesn’t meet the goals of the WECAN Plan. Mayor Manheimer said that members of Council have been previously provided with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Roney","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":1,"mr":"contested vote","sq":6},{"d":"2021-10-26","mt":"regular","id":"VI-D","ref":"RES 21-225","it":"appointment","t":"Resolution appointing a member (Kelsey Simmons) to the Planning & Zoning Commission","desc":"Vice-Mayor Smith , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Planning & Zoning Commission. The term of Guillermo Rodriguez, as a member of the Planning & Zoning Commission, will expire on August 14, 2021. The following individuals applied for the vacancies: Sherrye Coggiola, Roosevelt Harvin, Ricardo Seijo, Sara Wilcox, Lee Arevian,, Kenneth Bussey Jr., Darin Prosser, Mike Falknor, Kelsey Simmons, Matthew Allen, Howard Wolkowitz and Nicholas Dugan. On September 14, 2021, City Council interviewed Ricardo Seijo, Sara Wilcox, Kenneth Bussey Jr. . Sherrye Coggiola and Roosevelt Harvin were unable to attend the interviews. On October 26, City Council interviewed Sherrye Coggiola, Darin Prosser, Mike Falknor, Kelsey Simmons, Matthew Allen, Howard Wolkowitz and Nicholas Dugan. Howard Wolkowitz was not eligible to serve due to his residency. Each member of City Council voted for their top one choice. Kenneth Bussey Jr received no votes; Ricardo Seijo received no votes; Sara Wilcox received one vote; Sherrye Coggiola  received no votes; Darin Prosser received no votes; Mike Falknor received no votes; Kelsey Simmons received 4 votes; Matthew Allen received no votes; and Nicholas Dugan received 2 votes. Therefore, Kelsey Simmons was appointed as a member to the Planning & Zoning Commission, term to expire August 14, 2024, or until Kelsey Simmons’ successor has been appointed.","c":"Boards & Appointments","mo":"other","mv":"","sec":"","r":"passed","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1LtDfLwgQfW9Pd1fcRhJ4657m4DB5da5C/view?usp=sharing","mat":1,"mr":"contested vote","sq":7},{"d":"2021-11-09","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on October 26, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-11-09","mt":"regular","id":"II-B","ref":"RES 21-226","it":"resolution","t":"Resolution authorizing the City Manager to sign the U.S. Dept. of HUD FY2021 Continuum of Care consolidated application, CoC planning grant application, and HMIS grant application, and accept any funding awarded","desc":"DEVELOPMENT FISCAL YEAR 2021 CONTINUUM OF CARE (CoC) CONSOLIDATED APPLICATION, FISCAL YEAR 2021 CoC PLANNING GRANT APPLICATION, AND THE FISCAL YEAR 2021 HOMELESS MANAGEMENT INFORMATION SYSTEM GRANT APPLICATION, AND ACCEPT ANY FUNDING AWARDED  Background: - - - - - - The City of Asheville serves as the Continuum of Care Lead for the NC-501 Asheville-Buncombe Continuum of Care (CoC). Each CoC Lead is responsible for submitting the community’s Consolidated Application to be considered for grant funding from the CoC Competition. For FY2021, there is $1,774,234 available to fund eligible renewal projects in the CoC, which includes $67,500 for the City of Asheville to operate the Homeless Management Information System (HMIS) for the entire NC-501 CoC. There is also $53,227 available for CoC Lead Planning costs (not ranked). There is also $195,882 of bonus funding potentially available to the NC-501 CoC for new Permanent Supportive Housing and Rapid Re-Housing projects; The Finance Workgroup of the Homeless Initiative Advisory Committee (HIAC) has reviewed, scored, and ranked the project applications that were submitted during the competition period and submitted its recommendations to HIAC on October 29, 2021. - HIAC unanimously approved the Finance Workgroup’s recommendations and recommended that the City of Asheville submit the Consolidated Application, including the Project Priority Listing.  Committee(s): - Homeless Initiative Advisory Committee Finance Workgroup - October 21, 2021 unanimously approved - Homeless Initiative Advisory Committee - October 29, 2021 - unanimously approved Pro(s): - Provides revenue to support the City’s role in coordination of required activities for the community to remain eligible for HUD Continuum of Care funding and support of the community’s Homeless Management Information System (HMIS). - Provides funding to sustain existing Permanent Supportive Housing (PSH) and Rapid Re-Housing (RRH) efforts. Con(s): - None. Fiscal Impact: - $120,727 in revenue to the City of Asheville for direct support of essential operations of the Asheville-Buncombe Homeless Initiative and the community’s Homeless Management Information System. - Planning Grant requires a city match of 25% ($13,307), which is already included in the FY 2021-22 General Fund budget.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-11-09","mt":"regular","id":"II-C","ref":"RES 21-227","it":"resolution","t":"Resolution authorizing sole source approval for Bentley Systems' sensemetrics software at North Fork Reservoir dams for dam monitoring system","desc":"Background: - During the recent upgrades to both the Main and Saddle dams at North Fork Reservoir, specialized instrumentation was installed to detect any seepage and/or seismic anomalies within the dams. - This equipment is manufactured by Bentley Systems - Sensemetrics products and they are the sole providers of the required software and instrumentation maintenance. - - - This system and its software provide real-time data that can be easily accessed and reviewed by the dam managers. This system provides a standards-based approach for collecting, organizing, and structuring data from the dams, and detects structural anomalies prior to negative impacts within our earthen dams. The system provides the ability to proactively manage the dams assets and aids in ongoing compliance with identified risk management practices.  Vendor Outreach Efforts: - BentleySystems is the sole provider of Sensemetrics products and services.  Committee(s): - None. Pro(s): - Ensure the physical integrity and safety of the dams at North Fork Reservoir by continuing to maintain an up-to-date and precise monitoring system and data management. Con(s): - If not approved, the current contract will lapse. Fiscal Impact: - The annual cost is $9,840, A three year cost would be $29,520. Funding is within the Water Operations budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-11-09","mt":"regular","id":"II-D","ref":"RES 21-245 / ORD 4909","it":"resolution","t":"Resolution accepting funds from the U.S. Dept. of HUD HOME American Rescue Plan program and budget amendment for full allocation","desc":"","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-11-09","mt":"regular","id":"II-E","ref":"RES 21-228","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with J.L.S. Company LLC for traffic calming installation on Burton Street, Dorchester Ave, Florida Ave, Riverview Dr and Moody Ave","desc":"Background: - Speeding and unnecessary through-traffic presents dangers that affect the quality of life in residential areas. - In order to provide a safer environment, the City of Asheville seeks to provide traffic calming to neighborhoods that go through the process of requesting it. - A 2000 Traffic Calming Policy approved by City Council established a protocol for responding to requests from residents for traffic calming installations. - Bids were initially advertised on October 13, 2021. The City received and opened bids on October 27, 2021. - Two bids were submitted, their name and bid amount is listed below: - French Broad Paving, Inc., Marshall, NC $114,000.00 - J.L.S. Company LLC, Skyland, NC $ 96,220.00 - This bid was Informal, meaning it is acceptable to move forward with two bids. - J.L.S. Company LLC was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - J.L.S. Company LLC is a woman-owned business and has selected portions of the work to be performed by New Dimensions In Pavement Markings, Inc., another woman-owned business, as a subcontractor.  Committee(s): - None Pro(s): - Installation of traffic calming devices (speed humps) typically reduce average speeds between humps by 20 to 25 percent. - Traffic volume diversion is estimated around 20 percent. - Average crash rates are reduced by an estimated 13 percent. Con(s): - There will be disruptions to traffic and the neighborhood during construction. Fiscal Impact: - Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-11-09","mt":"regular","id":"II-F","ref":"ORD 4910","it":"ordinance","t":"Ordinance amending and revising portions of City Code per N.C. Session Law 2021-138 and making additional updates and changes","desc":"Background: - Per new state legislation, effective December 1, 2021, certain types of city ordinances may no longer be punished as misdemeanors or infractions, and all other ordinances may be enforced as a misdemeanor or infraction “if the city specifies such in the ordinance.” - The Asheville City Code contains numerous sections that do not specify a penalty “in the ordinance,” but instead rely on a catch-all provision that punishes violations as a misdemeanor if another penalty is not specified. - Many of these provisions, absent revision, would very likely be unenforceable if not revised before December 1. - The City Attorney’s Office has reviewed the Code and identified provisions that require revision to remain enforceable. - In addition, it has identified other portions of the Code that are obsolete, or otherwise need revision due to changes to state law, case law, or changes in the City’s structure since those ordinances passed. Pro(s): - Ensures numerous portions of the City Code will remain enforceable after December 1. - Eliminates and updates obsolete and/or outdated provisions of City Code.  Con(s): - None Fiscal Impact: - None","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-11-09","mt":"regular","id":"II-G","ref":"RES 21-229","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract extension with WNC Landscaping LLC for the downtown cleaning project","desc":"Background: - - - - - - - - - This is the first of two possible extensions for this contract. Each extension is for one year. This contract includes provisions for the pressure washing of City-owned sidewalks in the Central Business District (CBD), weed control on City-owned sidewalks and curblines, general cleanup services to remove loose litter and debris from City-owned sidewalks, and the cleaning of City-owned garbage and recycling cans. Specifically, Zone A of the CBD will be pressure washed six times in one year and Zone B will be pressure washed 2 times. The contractor will provide weed control on an as-needed basis and patrol daily for loose litter and debris. Garbage and recycling cans will be cleaned four times per year. The contract carries an automatic 3% price increase for each extension. The project was advertised on October 10, 2020 and bids were opened on November 5, 2020. The following five bids were received: (Base bid - Extra services determines low bid) WNC Landscaping, LLC of Cedar Mountain, NC $98,491.00 TruBlue Services, LLC of Easley, SC $126,094.00  $132,503.00 $137,593.00  MsLean of Arden, NC $79,240.00 PD Rivers of Hemingway, SC $101,720.00 B.H. Graning Landscapes, Inc of Sylva, NC $114,684.00 - - - - $146,996.00 $158,035.00 $185,808.00  The lowest responsive bid was determined by the base bid. The contract also requested prices for extra services to be provided by the lowest responsive bidder if the prices fit into the City’s budget. These services include two additional washing cycles of Zone A, daily loose debris pickup, and garbage can cleaning. The lowest responsive bidder provided acceptable prices for these items and they have been added to the contract.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority- & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. One minority- or woman-owned business enterprise submitted a bid to be the prime contractor on the project. This company was not the lowest, responsive bidder and was not awarded the contract.  Committee(s): - None  Pro(s): - - - Will continue the pressure washing of the CBD. Will provide for the cleaning of City-owned garbage and recycling cans, which are a source of complaint. Provides for increased pressure washing of Pritchard Park.  Con(s): - Pressure washing can cause short disruptions for pedestrian traffic.  Fiscal Impact: - Funding for this contract is in the Fiscal Year 2021-2022 budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-11-09","mt":"regular","id":"II-H","ref":"RES 21-230","it":"resolution","t":"Resolution to accept a donation from Brightfield Transportation Solutions Inc. for EV charging station equipment located in the Public Works parking lot","desc":"Background: - In 2014, the City of Asheville leased property to Riding Partners, Inc., Riding Partners was acquired by Brightfield Transportation Solutions, Inc., a local Electric Vehicle (EV) charging station company, to install a solar canopy EV station off of South Charlotte Street in the Public Works parking lot and standard EV station in the Aloft parking deck. - In 2020, both Brightfield charging station equipment began to malfunction and the City received complaints from the public and visitors about its unreliability, at which time a committee of stakeholders, from across multiple departments within city government was convened to assess the situation and determine next steps. - After conversations with Brightfield it was determined that the equipment in its current condition was not functioning and would need to be replaced. - Brightfield was asked to remove and replace the non-operational EV equipment and the lease was terminated, but due to their lack of assets to remove and replace the equipment offered to donate the equipment located at the public works Charlotte Street parking lot and the Aloft garage on Biltmore Ave. - Currently the EV charging equipment is not operational however, City Staff with assistance from Brightfield were able to identify potential grant opportunities and vendors that would be able to assist the City with removing, replacing, and updating the non-operational equipment. - Accepting the donation will allow staff the opportunity to further explore both grant and procurement options. - The donation from Brightfield would include the following equipment: - Solar Canopy - Meter Bases - Panel Boxes - Electrical Conduit and Wiring - Two (2) Signet DCFC Chargers - Two (2) ChargePoint Level 2 Chargers - The charging equipment located within the Aloft Garage on Biltmore Ave will be removed and the parking spaces returned to general public use. - The charging equipment at the South Charlotte street lot will be removed and replaced, to provide service to the City’s fleet of vehicles supporting Council’s goals of utilizing renewable energy in City operations.  Committee(s): - None Pro(s): - Supports Resolution 11-77 80% Carbon Reduction Goal - Supports Resolution 18-279 100% Renewable Energy Goal - Electric Vehicle charging for City Fleet vehicles will offset existing petroleum fuel expenses Con(s): - The City will be responsible for updating, removing, replacing, and maintaining the donated EV Charging Stations. Fiscal Impact: - The asset value of the electric vehicle charging stations, conduit and solar panels donated to the City are below. Costs associated with the City will consist of replacement of outdated charging stations and software. DONATED ASSET  ASSET VALUE  ASSET COSTS FOR CITY  Solar Canopy  $10,000.00  $0.00  Meter Bases  $1,500.00  $0.00  Panel Boxes  $1,500.00  $0.00  Electrical Conduit + Wiring  $7,000.00  $0.00  Two (2) Signet DCFC Chargers  $0.00  N/A  Two (2) ChargePoint Level 2 Chargers  $0.00  $7,000.00  Software  $0.00  $1,500.00 per year","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-11-09","mt":"regular","id":"II-I","ref":"RES 21-231 / RES 21-232","it":"resolution","t":"Resolutions authorizing the City Manager to amend contracts with The Wooten Company for the Wall Street Garage and Rankin Avenue Garage elevator modernization project","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-11-09","mt":"regular","id":"II-J","ref":"RES 21-233","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Parker Technology LLC for the parking call center contract","desc":"Background: - Parker Technology, LLC was selected by the City of Asheville in February 2017 to provide parking garage call center services at five exit lanes of City of Asheville -operated parking garages. - Parker Technology, LLC is both the manufacturer and technical support provider for the parking garage equipment which has been in place since February 2017. - The existing contract has three one-year renewal options; the second renewal period will expire on January 31, 2022. - When new parking garage equipment is operationalized, the number of payment kiosks within all four City-operated parking garages will increase from five to twenty-two which will provide a significant increase in the number of locations in which parking garage patrons can request assistance, but which will also increase the monthly cost to utilize Parker Technology’s services. - Parker Technologies has agreed to implement a cost increase at the time of contract renewal, February 1, 2022, even if new parking garage equipment is operationalized prior to that date. Vendor Outreach Efforts: - None. - This is a current contract. - Parker Technology, LLC is both the manufacturer and technical support provider for the parking garage equipment which has been in place since February 2017.  Committee(s): - None. Pro(s): - This action will support the continuation of current/existing parking garage call center service levels. Con(s): - None. Fiscal Impact: - - - The proposed contract amendment to increase the contract value by $49,250.00 (making the total contract value $115,000.00) allows services to continue for the life of the contract, including all three renewal periods. Each renewal period is one year. The funding source for this contract is included in the Parking Services Annual Operating Budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-11-09","mt":"regular","id":"II-K","ref":"ORD 4911","it":"ordinance","t":"Ordinance changing the speed limit on Wall Street from 15 miles per hour to 10 miles per hour","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits. - Wall Street is a one-way paved street located in the Central Business District that begins at Otis Street and ends at Battery Park Avenue for a total distance of 0.14 mile. - Wall Street exhibits some characteristics of a shared street concept including flush sidewalks with the street footprint that are separated by bollards. - City staff and the Wall Street business owners have worked together to expand outdoor dining opportunities and possible retail opportunities. - On-street parking along Wall Street has been eliminated except for two designated ADA parking spaces, - Loading /unloading zones have been improved. - Signinage along the street has been improved including signs making Wall Street the first “official” shared street. - The National Association of City Transportation Officials (NACTO) recommends a 10 mph speed limit along shared streets and alleys where walking and public space activities are expected. - The Traffic Engineering Division agrees that a 10 mph posted speed limit would be effective and is warranted. - The posted speed limit on Wall Street is recommended to be changed from 15 mph to 10 mph.  Committee(s): - None Pro(s): - Improved partnership between City staff and the Wall Street business community. - Enhances public safety for pedestrians, cyclists, and automobiles.  Con(s): - None Fiscal Impact: - The cost of installing and maintaining the speed limit signs is included in the Transportation Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-11-09","mt":"regular","id":"II-L","ref":"RES 21-234","it":"resolution","t":"Resolution authorizing the City Manager to accept FY2022 FTA Section 5303 Metropolitan Planning Program annual funds from NCDOT","desc":"Background: - FTA Section 5303 Metropolitan Planning Program provides funding for transit planning activities, including personnel. - The City has historically applied for and received Section 5303 funding to supplement a portion of existing transit division planning staff wages. - The City receives $60,000 (80%) from FTA, and the City and NCDOT each provide $7,500 for the required matching funds (20%). - The application deadline was December 2020; however, the application was submitted to NCDOT on November 24, 2020, without the City Council’s adoption of a resolution authorizing the City Manager to apply for the funds. - This action would authorize the City Manager to accept the FY2022 Section 5303 Metropolitan Planning Program funds, which have already been approved by NCDOT. - These funds were included in the Adopted FY 2022 budget in the Transit Operations Fund. - The funds will be used to fund a portion of the existing Transit Planning Division personnel budget.  Committee(s): - None Pro(s): - Enables the City to leverage $67,500 in Federal and State funds to support transit planning activities by offsetting a portion of personnel costs. Con(s): - The City is responsible for half of the 20% local match, or $7,500.  Fiscal Impact: - The grant revenue and the required local match of $67,500 were included in the FY 2022 Transit Operating Budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2021-11-09","mt":"regular","id":"II-M","ref":"RES 21-235","it":"resolution","t":"Resolution authorizing the City Manager to apply to the French Broad MPO for FY2021 Section 5307 and FY2021 Section 5310 grant funding","desc":"Background: - On September 27, 2021, FBRMPO issued a Call for Projects for the Federal Transit Administration FY 2021 Section 5310 and JARC (Job Access Reverse Commute) Funds soliciting proposals. - The deadline for the grant application is November 19, 2021. - The Section 5310 Funding program is used for improving mobility for seniors and individuals with disabilities by removing barriers to transportation services provided in the City of Asheville. - The City uses 5310 funds to pay for a portion of the City’s existing paratransit service. - The total amount of funding available from FY 2021 5310 funds is $318,850. - The City expects to apply for $210,000 which is the maximum allowed under the program. - The match for 5310 funds is 20%. - The 5307 JARC Funds will be used to fund a portion of the operating costs of Route 170, which operates fixed-route service from downtown Asheville to Black Mountain. - The total amount of funding available from FY21 5307 JARC funds is $343,962 and the City expects to apply for $231,558, which is 50% of the total cost to operate Route 170. - The match for JARC funds is 50%. - In addition to the regular 5310, Section 5310 funds apportioned under the America Rescue Plan Act (ARPA) to the Asheville Urbanized Area have also been included in the Fall 2021 FBRMPO Call for Projects. - The total ARPA 5310 funds available to the Asheville Urbanized Area is $54,139 with no local match required. - It is expected that the FBRMPO will award these funds to a subrecipient that is not awarded regular 5310 or JARC funding, such as Haywood County. - - - The City is the designated recipient for the region and administers transit grants after they are awarded to subrecipients by the FBRMPO. The City will receive a 10% administrative fee for the regular 5310 funding program, and will also receive a 10% administrative fee from the FY 21 ARPA 5310 funding program, for a total of $41,443. These regular 5310 and JARC funds are annual recurring funds that are used to fund existing paratransit service and the Route 170 to Black Mountain; however, the ARPA 5310 fund is a one-time allocation and is part of the federal funds apportioned to public transportation systems to support and respond to the COVID-19 pandemic.  Committee(s): - None. Pro(s): - Enables the City to use federal funds to help offset the annual operating cost of paratransit and Route 170 fixed-route services. - Grant recipients and subrecipients are responsible for their local match. - ARPA provides 100% of the funding with no local match required. - The City will receive $41,443 for oversight and administrative cost which does not require a local match. - Of this amount, $35,428 will be used for the administrative cost for the regular Section 5310 program, with the remaining amount of $6,015 to be used for administering the ARPA 5310 fund program. Con(s): - The City is responsible for the 20% and 50% local match for the Section 5310 and JARC Funding programs respectively. - There is no administrative fee paid to the City for administering the JARC grant program. Fiscal Impact: - The local match will be included in the proposed FY 22-23 operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2021-11-09","mt":"regular","id":"II-N","ref":"RES 21-236","it":"resolution","t":"Resolution authorizing the execution of amendments to the interlocal agreement","desc":"Summary: When the Agency was established in 1967, it served multiple counties in WNC, including Haywood, Henderson and Transylvania, in addition to Buncombe County and the City of Asheville. Over time, the surrounding counties left the Agency, choosing to be regulated directly by the NC Division of Air Quality. By 2000, the service area of the Agency had been reduced to only Buncombe and Asheville. At the recent Board retreat in April, they discussed a rebranding initiative to potentially rename the agency to better reflect their purpose and function and produce a new logo and tagline. In addition, this will clean up some of the language in the agreement which isn’t relevant to current Agency operations.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2021-11-09","mt":"regular","id":"II-O","ref":"RES 21-237","it":"resolution","t":"Resolution setting a public hearing on December 14, 2021, to consider the voluntary annexation of 99999 Sweeten Creek Road","desc":"Background: - The City of Asheville purchased 10.88 acres located at 99999 Sweeten Creek Rd. and identified in the Buncombe County tax records as PIN 9656-23-4325. - This property is a portion of a larger tract located at 2351 Sweeten Creek Rd. which was subdivided and sold to the City of Asheville on Monday, September 27, 2021. - This parcel was purchased as park land acquisition and development in South Asheville as part of the 2016 general obligation bond that was approved by Asheville voters. - This property is located in Buncombe County but contiguous to the City of Asheville. - It is preferred that city owned property be located within the city’s jurisdiction and an annexation of the subject property is proposed. - Based on guidance from the North Carolina School of Government, a petition for annexation is not required for city owned property and, as such, a Certificate of Sufficiency is not required. - The next step in this process is for the Asheville City Council to set the date for the public hearing. - Should the City Council decide to proceed with this request the public hearing on the annexation and initial zoning would be held on December 14, 2021. - The annexation becomes effective immediately once an affirmative vote is reached.  Committee(s): - None Pro(s): - Follows the statutory process for voluntary annexations by setting a date for the public hearing. - Ensures that city owned property and city facilities are located within the city’s own jurisdiction, simplifying permitting for future work. Con(s): - None.  Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that it will, 1) Support orderly growth consistent with surrounding neighborhoods (pp. 345-347), and 2) Promote access to well-maintained parks and open space for all (pp.74-75 & 212-213). Fiscal Impact: - None.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2021-11-09","mt":"regular","id":"II-P","ref":"RES 21-238","it":"resolution","t":"Resolution amending Rule 27 of the Rules of Procedure of the Asheville City Council to conform with state law regarding public hearings","desc":"Summary: Rule 27 is amended as follows: “PUBLIC HEARINGS. Public hearings required by law or deemed advisable by the council may (was shall) be organized by a resolution (was special order), adopted by a majority vote, that sets forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time for each speaker, and other pertinent matters. The rules may include, but are not limited to, rules (a) fixing the maximum time allotted to each speaker; (b) providing for the designation of spokespersons for groups of persons supporting or opposing the same positions; (c) providing for the selection of delegates from groups of persons supporting or opposing the same positions when the number of persons wishing to attend the hearing exceeds the capacity of the hall (so long as arrangements are made for those excluded from the hall to listen to the hearing); and (d) providing for the maintenance of order and decorum in the conduct of the hearing. Unless different rules are established by the council for the conduct of a public hearing, the time restrictions set forth in Rule 7 regarding public address to the council shall apply. All notice and other requirements of the Open Meetings Law applicable to council meetings shall also apply to public hearings at which a majority of the council is present. A public hearing for which any notices required by the Open Meetings Law or other provisions of law have been given may be continued to a time and place certain without further advertisement. The requirements of Rule 2(c) shall be followed in continuing a hearing at which a majority of the council is present. At the time appointed for the hearing, the mayor or his or her designee shall call the hearing to order and then preside over it. When the allotted time expires or when no one wishes to speak who has not done so, the presiding officer shall declare the hearing ended.” City Attorney Branham briefly explained the requested action, noting that the only changes made were changing the word “shall” to “may” and “special order” to “resolution.” Neither changes will alter how Council currently conducts their business, and makes Council rules consistent with State law.","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2021-11-09","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Motion to continue the corridor studies for Hendersonville Road, Tunnel Road, and Biltmore Avenue/McDowell Street to December 14, 2021","desc":"for Hendersonville Road; Tunnel Road; and Biltmore Avenue and McDowell Street to December 14, 2021. This motion was seconded by Councilwoman Wisler and carried unanimously by roll call vote.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2021-11-09","mt":"regular","id":"IV-B","ref":"RES 21-239","it":"public_hearing","t":"Resolution amending the HUD Annual Action Plan for 2020/21 (correct $225,000 HOME program income assignment)","desc":"Community Development Programs Manager Paul D’Angelo said that this is the consideration of a public hearing to amend the Fiscal Year (FY) 2020-21 Annual Action Plan (AAP) and correct and properly assign $225,000 in HOME program income received from Battery Park Apartments to the FY18-19 program year and adjust FY 20-21 funding to reflect this change and to sign all documents necessary to implement the plan. This public hearing was advertised on October 29, 2021. Background: - The City submitted to HUD the Five Year FY20/21 - 24/25 Consolidated Plan (Con Plan), which includes the FY20/21 Annual Action Plan, on December 8, 2020. - HUD approved our Con Plan in early 2021. - The Con Plan is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. - The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs: - Community Development Block Grant (CDBG) Program - HOME Investment Partnerships (HOME) Program - The City of Asheville is the Entitlement Community for the CDBG Funding and the Participating Jurisdiction for the HOME Funding. Funds are awarded based on HUD CDBG & HOME guidelines as well as the Priorities listed in the Con Plan. - The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. - Grantees report on accomplishments and progress toward Consolidated Plan and Annual Action Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER). Summary: - A $202,500 discrepancy discovered in program income means those funds were inadvertently awarded twice in previous FY allocations. - In July 2018, Battery Park Apartments paid back their $225,000 HOME loan from 2004, but there was conflicting documentation about how the funds were recorded. - Attempting to correct the issue last summer, the funds were reported to HUD as program income and included the FY20-21 reallocation. - Staff just determined in August that the money had already been earmarked for reallocation in Fall 2018. - Community Development staff reached out to the HUD Field office in Greensboro for guidance and technical assistance in addressing this discrepancy. - - CD staff, with HUD’s assistance and support, arrived at the following proposed solution: - Move the 10% HOME Admin ($22,500) back to the 2018 fund, but $202,500 will need to be assigned from the current reallocation to make up the difference. - The HUD Field Office has confirmed this is a good solution. - The City has identified an existing subrecipient, the Asheville Buncombe Community Land Trust (ABCLT) that has agreed to have the funds substituted for their FY20-21 award for their still pending contract. The FY 20-21 and FY21-22 Action Plans should be amended to correct and properly assign $225,000 in HOME program income received from Battery Park Apartments to the FY18-19 program year. As a result: - The 10% reallocation of $22,500 for HOME Admin will be removed from the FY20-21 Action Plan. - The remaining $202,500 will also be removed from the FY20-21 Action Plan, but the affected awards will be funded with the same amount from available FY21-22 funds.  Committee(s): - Asheville Regional Housing Consortium Board - September 23, 2021 - Approval - Housing & Community Development Committee - October 19, 2021 - Approval Pro(s): - Approval of the Amended Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. - Amending Action Plans to reflect programmatic and financial changes is a necessary part of achieving compliance and maintaining accurate and complete records. Con(s): - None Fiscal Impact: - The Action Plan is fully funded from federal CDBG & HOME entitlement grants, unused funds from previously completed projects, and estimated program income. - Staff costs to administer the program are also fully paid from federal sources. - This action has no overall impact to the City’s HUD HOME programs. Mayor Manheimer opened the public hearing at 5:52 p.m. and announced that there were no advanced live call-ins for this item. She then closed the public hearing at 5:52 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2021-11-09","mt":"regular","id":"IV-C","ref":"RES 21-240","it":"public_hearing","t":"Resolution amending the HUD Annual Action Plan for 2021/22 (move additional CDBG funds to contingency, update HOME allocation)","desc":"Community Development Programs Manager Paul D’Angelo said that this is the consideration of a public hearing move additional CDBG funds to contingency to be allocated next spring in the Fiscal Year (FY) 2022-23 application cycle, updating the HOME funds allocation, and authorizing the City Manager to submit the Amended 2021-22 Annual Action Plan (AAP) tThis public hearing was advertised on October 29, 2021. Background: - The City originally received the 21/22 HUD allocation notice in March 2021, with approximately $1,137,995 in CDBG funds and $1,370,760 in HOME funds available for the fiscal year that began July 1, 2021. - - - - CDBG On June 8, 2021, City Council voted in submitting the 21/22 AAP to put an additional $15,296 of CDBG Funds received from HUD, for a new CDBG Award Total of $1,153,291, into Contingency to be reallocated at a future HCD meeting. In addition, please note a few other recent changes in CDBG funding and Contingency that were approved by HCD on September 21, 2021 ○ Homeward Bound has rescinded their FY21/22 award of $100,000, funds to be returned to CDBG Contingency - Riverfront Development Group has rescinded their FY18/19 CDBG Grant of $14,629, funds to be returned to CDBG Contingency - 2020-21 The SPARC Foundation Grant / Remaining Balance $427.93 to be returned to CDBG Contingency - 2020-21 YWCA Empowerment Child Care Grant / Remaining Balance $819.74 to be returned to CDBG Contingency - 2020-21 YWCA Mother Love Grant / Remaining Balance $1,860.29 to be returned to CDBG Contingency - 2020-21 OnTrack Financial Education & Counseling Grant - Housing and Financial Capabilities / Remaining Balance $783.57 to be returned to CDBG Contingency Community Development Staff, in coordination with the Housing & Community Development (HCD) Committee, have made recommendations for the use of CDBG funds, which must be used in housing & community development programs within the city limits of Asheville. HOME The Asheville Regional Housing Consortium Board has recommended uses for HOME funds, which must be used for housing programs within the four-county Consortium area (Buncombe, Henderson, Madison, and Transylvania counties). - A meeting of HOME funding “2nd Round Allocation” occured on September 23, 2021, with figures updated below in the Action Plan Summary. - The CD Team is submitting with this Amended AAP our own HOME Homeownership value limits to better reflect true housing costs in our region and to better assist homeownership. - CD calculated the current HOME homeownership value limits, which is 95 percent of the median area purchase price for single family housing for each of - the counties in our 4 County region, per HUD guidance, in lieu of the HOME homeownership value limits provided by HUD which are low. Funds are awarded based on HUD CDBG & HOME guidelines as well as the Priorities listed in the City’s 5 Year Consolidated Plan, FY20/21-24/25.  Summary: - CD Staff recommends adding the additional $133,816.53 in Contingency to next year’s round of CDBG Allocation, with applications beginning in December, 2021. - $15,296 - Additional CDBG Funds Awarded May, 2021 - $100,000 - Homeward Bound Rescinded FY21/22 CDBG Award - $14,629 - RFDG Rescinded FY18/19 CDBG Award - $427.93 - SPARC Foundation Remaining FY20/21 Balance - $819.74 - YWCA Empowerment Child Care FY20/21 Balance - $1,860.29 - YWCA Mother Love FY20/21 Balance - $783.57 - OnTrack - Housing and Financial Capabilities - FY20/21 Balance - $133,816.53 - Total for Contingency FY22/23 Program Year - Any additional program income or returned funds will also be made available for the FY22-23 allocations. - CD Staff recommends accepting the update FY21/22 HOME Awards as listed in the Action Plan Summary.  Committee(s): - Asheville Regional Housing Consortium Board - March 25, 2021 - Approval - Housing & Community Development Committee - March 26, 2021 - Approval - Housing & Community Development Committee - May 18, 2021 - Approval - City Council - June 8, 2021 - Approval - Housing & Community Development Committee - September 21, 2021 - Approval - Asheville Regional Housing Consortium Board - September 23, 2021 - Approval Pro(s): - Approval of the Amended Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and lower income communities. Con(s): - $133,816.53 in CDBG Contingency means these funds will take longer to be utilized in the community. However, organizing a new round of funding applications for this amount can take up to 4 months in staff time and the FY22/23 Funding Applications will open in December, 2021. Fiscal Impact: - The Action Plan is fully funded from federal CDBG & HOME entitlement grants, unused funds from previously completed projects, and estimated program income. - Staff costs to administer the program are also fully paid from federal sources. - The FY 2022-23 budgets for both the CDBG & HOME programs will be included in the annual budget ordinance that City Council adopts in June 2022.  Mr. D’Angelo responded to Councilwoman Wisler when she asked why some of the larger amounts from the organizations are being returned. Mayor Manheimer opened the public hearing at 5:59 p.m. and announced that there were no advanced live call-ins for this item. She then closed the public hearing at 5:59 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2021-11-09","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Motion to continue the amendment to the conditional zoning on 511 Brevard Road (ORD 4702) to December 14, 2021","desc":"511 Brevard Road to December 14, 2021. This motion was seconded by Councilwoman Roney and carried unanimously by roll call vote.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2021-11-09","mt":"regular","id":"V-A-1","ref":"RES 21-241","it":"resolution","t":"Resolution to authorize the City Manager to enter into an interlocal agreement for consolidation of a 911 system effective January 1, 2022","desc":"","c":"Public Safety","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":1,"mr":"policy category","sq":20},{"d":"2021-11-09","mt":"regular","id":"V-A-2","ref":"ORD 4912","it":"ordinance","t":"Budget amendment in the Special Revenue Fund for consolidation of a 911 system","desc":"Assistant City Manager Cathy Ball said that this is the consideration of approval of an Inter-Governmental Agreement (IGA) with Buncombe County to Consolidate 911 Services to occur on January 1, 2022; and the associated budget amendment in the Special Revenue Fund, in the amount of $837,605, from County contributions toward City's radio maintenance for the consolidation of a 911 System. Background: - - - The goal of this initiative is to consolidate and coordinate City and County emergency communications services and operations under one entity. This is the first step in reimagining the way we deliver services to the most vulnerable people in our community including the mentally ill, those with substance abuse disorder and homeless individuals. The IGA between the City of Asheville and Buncombe County addresses all the issues around consolidation including cost, data access and operational decisions to enhance continuity of service delivery. - - - - - - - - - - - - - - - Currently the County 911 dispatch office receives calls for all fire departments in the County, Emergency Medical Services (EMS) Services, Black Mountain and Montreat police departments and the Sheriff's department. These services include receiving, processing and dispatching Asheville Fire Department (AFD) calls. The Asheville Police Department (APD) is co-located with Buncombe County and considered a secondary dispatch service. The IGA would move 19 full-time equivalent (FTE) positions from the City to work for Buncombe County. All of the current City employees would be offered positions that would be under Buncombe County management. All employees would be made “whole” in terms of pay and benefits. City staff will provide backup dispatch services for up to six months as City staff are available. The costs to the City would be calculated as a percentage of population and calls for service for both Fire and Police calls. The same formula will apply to all municipalities in Buncombe County. The City is currently paying $1.6M for police 911 dispatchers and $210k to Buncombe County for fire 911 dispatch services. The City of Asheville will have all the access to what it currently has now except for audio recordings. Audio recordings will be provided as soon as possible but no longer than within a shift which is generally twelve hours. A Communications Steering Committee will be formed to address key operational issues and concerns. This group will be made up of representatives from the following organizations: - Buncombe County Director for 911 Communications, - Sheriff or designee, - Chief of Asheville Police Department or designee, - Asheville Fire Chief or designee, - Buncombe County Management designee, - A representative from among other municipalities’ law enforcement agencies dispatched through the 911 Call Center, - A representative from among other municipal and county fire departments dispatched through the 911 Call Center and - 1 community member at large - Total of eight members Either party i.e. the City or County may terminate this Agreement by giving the other party written notice six (6) months in advance of the July 1st renewal date. Upon termination the City will reinstate the call center at 100 Court Plaza and the County will transfer equipment to the City.  Committee(s): - Public Safety Committee - High Level Informational Only - August 24, 2021 Pro(s): - The consolidation will: - Eliminate call transferring. - Provide for more consistent and effective service delivery. - Enhance opportunities for interagency response and backup. - Encourage data sharing between agencies and responders in the field. - Create more efficient and versatile staff to respond to a wide range of emergency and service calls. - Expand opportunities for alternate response methods through consolidated training and procedures.  Con(s): - City will be billed for actual costs which could be an increase of $400k maximum. Fiscal Impact: - City will be billed for actual costs which could be an increase of up to $400k. - The City currently has approximately $837k in radio maintenance reserves for improvements to 911 communication equipment that can be used to offset this increase for two to three years. Ms. Ball said the key takeaways from this presentation are (1) opportunity to consolidate and coordinate City emergency communications services and operations under one entity (AFD 911 calls already being received by the County, APD has separate system); (2) consolidating 911 services is one step in a systems approach to reimagining Public Safety; (3) Inter-Governmental Agreement (IGA) addresses cost, data access and operational decisions to enhance continuity of service delivery; and (4) state encourages consolidated 911 services because it enhances the quality of service. Currently, (1) County receives calls for all fire departments, EMS Services, Black Mountain and Montreat police departments and the Sheriff's department; (2) APD co-located with Buncombe County; (3) the City is currently spending approximately $1.4M for these services in APD; and (4) the City is currently paying Buncombe County approximately $210,000 to cover AFD calls. The systems approach for the 911 consolidation is (1) consolidating City emergency communications to more effectively and efficiently respond to the public; (2) develops the first stage of a systemic approach to the appropriate response to residents in crisis from drug overdoses, homelessness and mental illness; and (3) holistic approach that better serves our community’s emergency response needs to those that are most vulnerable. Regarding why the consolidation, she said (1) eliminate call transferring; (2) more consistent and effective service delivery; (3) greater opportunities for interagency response and backup; (4) better data sharing between agencies and responders in the field; (5) more efficient and versatile staff to respond to a wide range of emergency and service calls; and (6) expanding opportunities for alternate response methods through consolidated training and procedures. The interlocal agreement with Buncombe County includes a staffing transition, cost; access to data; operational decisions - Communications Steering Committee; and termination clause. Regarding the staffing transition, (1) 19 full-time equivalent positions from the City would be under County management; (2) employees will be made “whole” with no reduction in pay or benefits; and (3) City staff will provide back up coverage for up to six months as we are able. The agreement cost consists of (1) cost is a percentage of population and calls for service for APD and AFD; (2) this is the formula that will be applied to every other community in Buncombe County; (3) anticipated maximum annual costs is estimated to be $2 M; (4) based on actual costs of the operations and billed on a quarterly basis; and (5) annual costs cannot increase more than the CPI. She showed a chart regarding the comparison to the current annual cost, with a maximum difference of $400,000.  The City will have all the access to what we currently have now except for audio recordings. Audio recordings will be provided as soon as possible but no longer than within a shift which is twelve hours. The Communications Steering Committee (CSC) will review performance and compliance data and resolve questions, issues, and disputes relating to the 911 call center operations. The CSC will consist of the following membership: Buncombe County Director for 911 Communications, Sheriff or designee, Chief of Asheville Police Department or designee, Asheville Fire Chief or designee, Buncombe County Management designee, a representative from among other municipalities’ law enforcement agencies dispatched through the 911 Call Center, a representative from among other municipal and county fire departments dispatched through the 911 Call Center and 1 community member at large. There will be a total of eight members. Final decisions regarding call receipt, call processing and response plans will be made by the City of Asheville staff for all City Police and Fire calls. The County will work directly with the City to ensure that call taking and processing operations align with accreditation requirements and do not impede overall operations of the consolidated center or the City. Any decisions that would impact multiple agencies shall be brought before the Communications Steering Committee for recommendation. Regarding termination, (1) either party may terminate this Agreement by giving the other party written notice six (6) months in advance of the July 1st renewal date. Upon termination, the City will reinstate the call center at 100 Court Plaza; and the County will transfer equipment to the City. The next steps include the City’s action at this meeting, the County’s action on November 16, 2021, and the implementation date of January 1, 2022. In response to Councilwoman Roney, Ms. Ball said that the County is comfortable with 8 members on the CSC, noting the one community member at large must have technical expertise. City Manager Campbell thanked Ms. Ball for her leadership on this task, along with other City staff team that worked on this as there were many details that had to be worked through on an initiative as large as this. In response to Councilwoman Roney, Ms. Ball said that regarding a second facility in the future, the County is required to provide a backup location and she will make them aware of the need for better conditions for those employees, especially having natural light. Mayor Manheimer announced that there were no advanced sign-ups for this item. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and ordinance and they would not be read.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2021-11-09","mt":"regular","id":"V-B-1","ref":"RES 21-242","it":"appointment","t":"Resolution appointing members to the Asheville Regional Airport Authority (reappoint Max Haner and Nian Avery)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Alcoholic Beverage Control Board. The terms of Max Haner and Nian Avery, as members on the Alcoholic Beverage Control Board, expire on November 13, 2021. The following individuals applied for the vacancies: Meaghan Austin, Jeff Spencer, Keaton Edwards, David Angelus, Gregory Hill, Bill Kopp, Harry Lanning, George Tsiros, Jeff Irvin, Johnnie Grant, Gene Bell, Patrick Fox, Amber Johnson, Tommy Tsiros, Tod Leaven, James Poole, Anne Dickens, Dee Williams and Elliott Smith. It was the consensus of the Boards & Commissions Committee to reappoint Max Haner and Nian Avery.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"no material signals","sq":22},{"d":"2021-11-09","mt":"regular","id":"V-B-2","ref":"RES 21-243","it":"appointment","t":"Resolution appointing a member (Andrew Garrard) as an Alternate to the Board of Adjustment","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Board of Adjustment. Sarah Leone Katzmark, Alternate on the Board of Adjustment, resigned, thus leaving an unexpired term until January 21, 2022. The following individuals applied for the vacancy: Michael Luciano, Andrew Garrard and Elliott Smith. At the request of the Commission, it was the consensus of the Boards & Commissions Committee to appoint Andrew Garrard.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":0,"mr":"no material signals","sq":23},{"d":"2021-11-09","mt":"regular","id":"V-B-3","ref":"RES 21-244","it":"appointment","t":"Resolution appointing a member (reappoint Joell Steininger, VA admin representative)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Homeless Initiative Advisory Committee. The term of Joell Steininger, as the VA administrative representative on the Homeless Initiative Advisory Committee, expired on November 1, 2021. In addition, Dale Davidson resigned, thus leaving an unexpired term until November 1, 2024. The following individuals applied for the vacancy: Sarah Rick, Angelique Brickner, Emily Kirchmeyer Louisa Shipnuck Jones, Barry Shoor, Sim Wilkes, Sydney Broadhead, Michael Fulbright, Joe Golson, Cheryl Antoncic, Kenny Hancock, Sherri Bagwell, William Snoody, Jimmi Lang, Andrew Garrard, Josh Houde and Patrick Carey. It was the consensus of the Boards & Commissions Committee to reappoint Dale Davidson and hold the other vacancy pending the outcome of committee planning that is underway and required to ensure the City’s compliance with provisions of Code of Federal Regulations.","c":"Housing","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1POnU7rAAp_3YQHajmFIb9fu0KtoJFFJy/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":24},{"d":"2021-12-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on November 9, 2021","desc":"B.  MOTION ADOPTING THE 2022-23 BUDGET CALENDAR  Background: - As a part of the Fiscal Year 2022-2023 Operating and Capital Budget development process staff is proposing the budget schedule. - - - - In addition to meeting the statutory requirement that City Council adopt a balanced budget before July 1, 2022, the FY23 budget process is intended to more clearly identify the links between service, program and project investments and community interests. Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources. As in prior years, the process will include community engagement and consultations with City Council beginning at a retreat and continuing through work sessions with a focus on - Integrating with ongoing public engagement efforts and previously identified priorities. - Reviewing key services to identify customer impact. The process culminates with the following actions as required by state law: - Formal presentation of the City Manager’s Proposed Budget on May 10, 2022. - A Public Hearing on the Proposed Budget on May 24, 2022. - Budget adoption on June 14, 2022.  Committee(s): - None Pro(s): - Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY23 budget. Con(s): - None. Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2021-12-14","mt":"regular","id":"II-B","ref":"","it":"motion","t":"Motion adopting the 2022-23 Budget Calendar","desc":"DAR  Background: - As a part of the Fiscal Year 2022-2023 Operating and Capital Budget development process staff is proposing the budget schedule. - - - - In addition to meeting the statutory requirement that City Council adopt a balanced budget before July 1, 2022, the FY23 budget process is intended to more clearly identify the links between service, program and project investments and community interests. Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources. As in prior years, the process will include community engagement and consultations with City Council beginning at a retreat and continuing through work sessions with a focus on - Integrating with ongoing public engagement efforts and previously identified priorities. - Reviewing key services to identify customer impact. The process culminates with the following actions as required by state law: - Formal presentation of the City Manager’s Proposed Budget on May 10, 2022. - A Public Hearing on the Proposed Budget on May 24, 2022. - Budget adoption on June 14, 2022.  Committee(s): - None Pro(s): - Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY23 budget. Con(s): - None. Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2021-12-14","mt":"regular","id":"II-C","ref":"RES 21-246","it":"resolution","t":"Resolution adopting the 2022 City Council meeting schedule","desc":"City Council will hold regular meetings beginning at 5:00 p.m. on the 2nd and 4th Tuesday of each month in the Council Chamber, located on the 2nd floor of City Hall. The following meetings are hereby canceled: Tuesday, July 12, 2022; Tuesday, August 9, 2022; Tuesday, November 22, 2022; and Tuesday, December 27, 2022.","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2021-12-14","mt":"regular","id":"II-D","ref":"RES 21-247","it":"resolution","t":"Resolution approving the 2021 Records Retention and Disposition Schedule for general and program records schedules for local government agencies","desc":"Background: - N.C. Gen. Stat. sec. 121-5 mandates that records defined under Chapter 132 may be disposed of only in accordance with an official retention schedule. - In an effort to promote good municipal records management, the N.C. Dept. of Natural & Cultural Resources (NCDNCR) has updated their 2012 schedule. - In addition to the 2021 General Records Schedule for Local Government Agencies Schedule, the NCDNCR has also created a new retention schedule called the 2021 Program Records Schedule for Local Government Agencies which contains specific functions of government at the county and municipal levels, in particular a standard for Law Enforcement records. - These schedules provide a list of records that may be destroyed after the specific retention periods without further approval from the City or the NCDNCR, provided, the governing body has authorized the records listed for destruction to be destroyed through its blanket approval of the Retention & Disposition Schedule. - The NCDNCR adopted the new schedule on October 1, 2021.  Committee(s): - None Pro(s): - Promotes municipal records management Con(s): - None Fiscal Impact: - None","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2021-12-14","mt":"regular","id":"II-E","ref":"RES 21-248","it":"resolution","t":"Resolution authorizing the City Manager to accept additional funds from the Shuttered Venue Operators Grant from the Small Business Association","desc":"Background: - - - - - - - The COVID Relief Bill of December 2020, in part, created the Shuttered Venue Operators Grant system, administered by the Small Business Administration. This system included a total of over $15 billion of available assistance funds to be awarded after approved application. On August 24, 2021, City staff initially applied for and were awarded a total of $1,627,336.57. The Harrah’s Cherokee Center - Asheville was invited to apply for additional funding in the second phase of grant funding. City staff applied for and has been awarded an additional grant with a value of $813,638.00 A total Phase 1 & 2 grant award value of $2,440,974.57 These funds will specifically be used to cover utility and salary costs incurred by the enterprise fund between March 1, 2020 and December 31, 2021  Committee(s): - None Pro(s): - Provides authorization for the City of Asheville to receive SVO Grant funding Con(s): - None. Fiscal Impact: - These grant funds will offset revenue losses at the Harrah’s Cherokee Center of Asheville (HCCA) in prior fiscal years, specifically as noted above, for salary and utility costs normally covered by HCCA operating revenue.","c":"Community Programs","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2021-12-14","mt":"regular","id":"II-F","ref":"RES 21-249","it":"resolution","t":"Resolution authorizing the City Manager to execute an agreement with T.P. Howard Plumbing Company Inc to demolish and replace existing large customer meter vaults","desc":"Background: - The current list of large customer meter vaults located within the water system planned for replacement include: Beaverdam Run Condos, Lucy S. Herring Elementary, (2) Woods Townhomes, Holiday Inn Smokey Park, and Day International. - This project will include the replacement of the existing vaults and meters with new infrastructure at these sites. - - - - - - - - - The existing installations have fulfilled their useful life. Given the condition of the equipment and design and installation constraints of these sites, the vaults are unsafe and present a hazard to City infrastructure, City staff, and private property due to impending failure. In the event the meters fail completely, the City would lose significant revenue. In 2020, Water Resources Operations began working in collaboration with engineering firm Cavanaugh and Associates, administrative management staff, and internal engineering staff to develop a plan to implement new installations at the noted sites. The outcome of this plan was the recommendation of a full replacement of the current meter vault applications. 0000000The recommended mechanism for installation was utilization of a third-party contract installer, procured through a formal bid process. Five firms submitted bids for this project: - T.P. Howard’s Plumbing Company, Inc Fairview, NC - $193,000.00 - Buckeye Bridge, LLC Canton, NC - $203,144.00 - Appalachian Site Work, Inc. Waynesville, NC - $412,297.00 - Patton Construction Group, Inc. Arden, NC - $261,215.00 - Chatham Civil Contracting, LLC Siler City, NC - $220,781.00 T.P. Howard’s Plumbing Company, Inc. was deemed the lowest responsive, responsible bidder. The bid was deemed qualified by acceptable minority business outreach efforts.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No Minority & Women-Owned Business Enterprise (MWBE) firms submitted bids.  Committee(s): - None Pro(s): - Sustains the integrity and reliability of the water system. - Progresses the City toward updating its aging infrastructure, which will ultimately result in higher confidence by customers and stakeholders. Con(s): - None Fiscal Impact: - The funding needed for the contractual agreement is currently allocated within the Water Resources Capital Improvement Project Fund in the Meter/Vault Repair budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2021-12-14","mt":"regular","id":"II-G","ref":"RES 21-250","it":"resolution","t":"Resolution authorizing the City Manager to sign a lease amendment with The Grind LLC for city-owned property located at 8 River Arts Place","desc":"Background: - On October 26, 2021, the City Council approved a lease agreement between the City of Asheville and The Grind, LLC to enable them to operate Black Wall Street Asheville out of this location. - The fair market value quoted to The Grind, LLC was $1,500 per month with an applied escalation rate of 2%. - The term is four years with one renewal of four years. - At the October 26 meeting, City Council directed staff to reduce the rent to $1 per year and prepare an amendment for Council’s approval.  Committee(s): - The Planning and Economic Development Committee recommended approval at their meeting on October 11, 2021. Pro(s): - The tenants’ program will act as an economic development engine for the River Arts District - Black owned businesses will have an opportunity to partner with Black Wall Street AVL and sell their products at this location. - The building will provide event space for cultural and educational events. Con(s): - Under the original terms of the lease the City would have received approximately $18,000 per year but under the revised terms the City will not receive this revenue. Fiscal Impact: - As noted above, the City will not be receiving fair market rent for the duration of the four year lease.","c":"Economic Development","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2021-12-14","mt":"regular","id":"II-H","ref":"RES 21-251","it":"resolution","t":"Resolution authorizing the sale of one 2015 Freightliner Knuckleboom and one 2005 Freightliner asphalt patch truck deemed surplus city property","desc":"Background: - The City’s Public Works Department identified a 2015 Freightliner Knuckleboom (used for pick up and hauling of debris) and a 2005 Freightliner Asphalt Patch Truck (used for patching asphalt roadways) as surplus personal property, with no anticipation of future utilization by the City. - The estimated wholesale value of the 2015 Freightliner Knuckleboom & 2005 Freightliner Asphalt Patch Truck is listed at approximately $30,000 or more each, depending on condition. - Bids will be solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale. Vendor Outreach Efforts: - None  Committee(s): - None Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price Con(s): - None Fiscal Impact: - The knuckleboom and the patch truck are fully depreciated and the General Fund will recognize the entire amount as revenue from the sale of the asset.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2021-12-14","mt":"regular","id":"II-I","ref":"RES 21-252 / ORD 4913","it":"resolution","t":"Resolution authorizing the Mayor to apply for and accept the 2022 BikeSafe Grant from the N.C. Governor's Highway Safety Program and budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2021-12-14","mt":"regular","id":"II-J","ref":"RES 21-253 / ORD 4914","it":"resolution","t":"Resolution authorizing the Mayor to apply for and accept the U.S. Dept. of Justice 2021 Edward Byrne Justice Grant and budget amendment","desc":"","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"contested vote","sq":13},{"d":"2021-12-14","mt":"regular","id":"II-K","ref":"RES 21-254 / ORD 4915","it":"resolution","t":"Resolution authorizing the City Manager to apply for and accept the 2021 Bulletproof Vest Grant from the U.S. Dept. of Justice and budget amendment","desc":"","c":"Budget & Finance","mo":"individual","mv":"Turner","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"contested vote","sq":14},{"d":"2021-12-14","mt":"regular","id":"II-L","ref":"RES 21-255","it":"resolution","t":"Resolution authorizing the Purchasing Director to purchase three new buses for the Asheville Rides Transit system","desc":"Background: - The City of Asheville has been approved by the Washington State Department of Enterprise to participate in the State’s Cooperative Purchasing Agreement for Transit Buses Master Contract No. 06719 for the purchase of buses from Gillig. - The North Carolina Department of Transportation Integrated Mobility Division has approved the City’s use of the Washington State Department of Enterprise Services Cooperative Purchasing Agreement to purchase the buses. - The City wishes to purchase a total of three (3) buses 30-ft. Gillig diesel buses at this time from the total number of bus assignments allotted to the City of Asheville by Washington State. - The City expects to receive these buses in 12-18 months. - Diesel buses are to be purchased due to the lack of alternative options at this time. - Appropriately sized electric buses are not currently being manufactured and Gillig does not have hybrid buses available for purchase at this time. - Funding to purchase the buses and associated accessories will be provided from two grants sources previously received by the City, including one received from the MPO in 2018 for the purpose of purchasing buses, and one from FTA (5339). - A sole source procurement through GenFare, SportWorks, and SEON is necessary to ensure that staff is able to purchase the transit accessories and features from the approved providers for the fareboxes, bike racks, and safety and security cameras. - The 20% required local match is already programmed in the City’s Adopted Capital Improvement Program (CIP).  Vendor Outreach Efforts: - N/A  Committee(s): - None. Pro(s): - This action will enable staff to purchase additional buses needed to continue to provide transit services. - This action ensures compliance with the Federal Transit Administration and the City of Asheville’s procurement policy. Con(s): - The City is required to provide the required 20% match, or approximately $329,838. Fiscal Impact: - Funding to purchase the buses and associated accessories will be provided from two grants sources previously received by the City, including one received from the MPO in 2018 for the purpose of purchasing buses, and one from FTA (5339). - The City will provide the required 20% ($329,838) matching funds. - The grant and the City match are already budgeted in the approved Capital Improvement Program (CIP). Suggested : - Motion to adopt a resolution authorizing the City Manager to purchase a total of three (3) new buses for the Asheville Rides Transit System including transit accessories and features totaling $1,649,192. This includes authorization to: 1. Execute purchase orders in the amount of $1,399,192 for three (3) 30-foot diesel Gillig buses utilizing the Washington State Department of Enterprise Services Transit Buses Master Agreement No. 06719; 2. Waive the bidding requirements per NCGS 143-129(g) allowing the City of Asheville to utilize Washington State Department of Enterprise Services Transit Buses Master Agreement No. 06719 to purchase three (3) Gillig diesel buses, assigned by the Washington State Department of Enterprise to the City of Asheville through its Cooperative Purchasing Agreement; 3. Execute purchase orders not to exceed $250,000 to purchase transit features and accessories in order to outfit the necessary equipment on buses in the Asheville Rides Transit System. This includes fareboxes, security cameras, and bike racks. 4. Adopt a resolution authorizing the City Manager to purchase the fareboxes, bike racks, safety, and security cameras using sole source procurement from GenFare, SportWorks, and SEON for installation in the new buses in Asheville Rides Transit (ART) fleet.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2021-12-14","mt":"regular","id":"II-M","ref":"RES 21-256 / RES 21-257 / ORD 4916","it":"resolution","t":"Resolutions authorizing the City Manager to enter into a Code Purple emergency shelter funding agreement with Buncombe County and a change order with ABCCM, and budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2021-12-14","mt":"regular","id":"II-N","ref":"RES 21-258","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with EPIC Recruiting to create recruiting media and market APD to recruit police applicants","desc":"Background: - The police department currently has 60 vacancies of the authorized 238 sworn officer positions. - Typical recruiting efforts include attending career events and conducting informational sessions at local job fairs and colleges and universities in the region. - Due to the COVID-19 pandemic, in-person recruitment events were canceled or limited due to health precautions. - This was also during the time the department saw an unprecedented number of resignations and is in the most need to promote the department and seek qualified applicants. - A contract with an experienced Police Recruiting Consultant will assist the department in reaching exceptional applicants, to include a more diverse recruiting pool, in a nationwide online recruiting campaign. - To recruit these exceptional applicants, a proven consultant with an identified strategy and marketing plan has been identified. - The consultant will help create recruiting videos and a website to highlight the City of Asheville as a great place to live and the police department as a great place to work. - EPIC Recruiting was the successful proposer and will provide the services for $225,000 which requires the approval of the City Council. - The Asheville Police Department has identified funding within its existing budget from one-time savings in the existing AXON contract, due to the return of surplus equipment to pay for this contract. - There will be no additional funding needed in the Police Department budget to implement this contract. - The contract duration is two years. - This proposer has a proven history in successfully recruiting police candidates for multiple cities across the country. - The proposer will bridge the gap between historical police recruiting techniques and current recruiting methods. - The proposer will create new recruiting media, set up and manage recruiting website, and provide analytics pertinent to driving the right candidates to the application site. - This firm will assist the department in attracting a diverse pool of applicants that is in alignment with what the community is requesting of its police department.  Committee(s): - None.  Pro(s): - The proposal provided by EPIC Productions of Phoenix, LLC Recruiting meets and exceeds the request made by the department. - The recruitment plan as laid out within the proposal will hopefully yield not only the required applicants but also provide feedback as to the success of the recruitment plan through the analytics provided by the contract and the company. Con(s): - None. Fiscal Impact: - As noted above, no additional funding is required. - Funding for the contract will come from the existing Police Department operational budget through one-time savings identified from the return of surplus equipment as part of an existing Axon contract. Patrick Conant encouraged City Council to ask more questions about what EPIC Recruiting will do to shift recruitment efforts. He expressed concern on how the contract is being funded with this new expense. It seems like the Police Department can always find money in their budget, suggesting that Council should provide a greater financial oversight of the Police Department’s allocated funds.","c":"Public Safety","mo":"individual","mv":"Smith","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"contested vote","sq":15},{"d":"2021-12-14","mt":"regular","id":"II-O","ref":"RES 21-259","it":"resolution","t":"Resolution authorizing the City Manager to execute contract renewals with Buncombe County for the Criminal Justice Information System/Centralized Data Entry interlocal agreement","desc":"Background: - The City of Asheville and Buncombe County previously entered into interlocal agreements regarding the provision of certain joint public safety-related services. - The Criminal Justice Information /Centralized Data Entry information system and the Identification (ID) Bureau are both operated as County services, and were created by a 2002 Interlocal Agreement between the City of Asheville and Buncombe County. - The CJIS agreement governs the operations of digital infrastructure and software that serves Police, Fire, EMS, the Buncombe County DA and the Buncombe County Sheriff. - While this agreement covers some of the continuing technical operations within the 911 center, it is not otherwise related to the 911 consolidation. - - - - - - The CDE agreement relates to centralized criminal data storage, lookup, and governance. Based on the interlocal agreements, the City is responsible for 45% of the cost of the Criminal Justice Information System/Centralized Data Entry program and for 50% of the cost of the County Identification (ID) Bureau program. Each year during the annual budget process the County provides the City with estimates for the City’s share of each program's cost. For fiscal year 2021-22, the County estimates that the City’s share of the CJIS/CDE costs will be $990,419 and the City’s share of the ID Bureau will be $516,743. The requested contract renewal will allow staff to encumber those amounts in the City’s financial system. The County bills the City quarterly based on actual expenses.  Pro(s): - Provides authorization for the City to formally encumber annual amounts to continue funding these agreements with Buncombe County. Con(s): - None Fiscal Impact: - The contract renewal expenditures noted above are already included in the fiscal year 2021-22 adopted General Fund budget.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2021-12-14","mt":"regular","id":"II-P","ref":"RES 21-260","it":"resolution","t":"Resolution authorizing the City Attorney's Office to condemn nine waterline easements along Patton Avenue","desc":"Background: - The City’s Water Resources Department intends to pursue a waterline replacement project along Patton Avenue in West Asheville. - The City has obtained easements from all but nine property owners whose properties would be impacted by the project. - All property owners were provided with offers of financial compensation for the needed easements, based on appraisals obtained from a North Carolina licensed appraiser. - This project will replace an existing 16-inch waterline with a new 24-inch transmission line, which was identified as a need in order to provide more transmision main redundancy and increase Water Resources’ capacity to the western portion of the water system. - - The existing waterlines along this section of Patton Ave are undersized for potential future growth along the corridor and for providing service to the western portion of the water system. While this Council action will allow the City to potentially commence condemnation actions in relation to the nine easements at issue, the City will make additional efforts to communicate with the property owners in an effort to acquire these easements by agreement, rather than through litigation.  Committee(s): - None Pro(s): - Will facilitate the completion of a needed waterline replacement project, and safeguard the project schedule. Con(s): - Will result in the commencement of eminent domain actions against nine property owners. Fiscal Impact: - The expected value of the needed easements is $378,400, which is included in the project budget for the subject project.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2021-12-14","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Motion to continue public hearing relative to amending the Unified Development Ordinance until February 8, 2022","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2021-12-14","mt":"regular","id":"IV-B","ref":"ORD 4917","it":"ordinance","t":"Ordinance amending Articles II and XVI of the UDO updating standards for the regulation of homestays (zoning text amendment)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to amend Articles II and XVI of the Unified Development Ordinance to update definitions and standards for homestays. This public hearing was advertised on January 1 and 8, 2021. On January 12, 2021, this public hearing was continued until March 23, 2021. On March 23, 2021. On May 11, 2021, this public hearing was continued until May 25, 2021. On May 25, 2021, this public hearing was continued until September 28, 2021. On September 28, 2021, this public hearing was continued to this date. Background: - The City of Asheville has had standards allowing residential homes to be used for transient lodging for over 15 years, originally known as “Bed & Breakfast Homestays”. - The original set of standards were very limiting. - In 2015 the homestay standards were updated to allow greater flexibility and opportunity for more households. - Enforcement challenges followed and revisions to these standards were completed in 2016 and 2018 in an effort to provide more clarity and improve the city’s ability to regulate and enforce the homestay standards. - - - - - - - - - The city currently has 725 active homestay permits and 50 active enforcement cases (as of December 2021). At two separate meetings in the summer of 2018, the Planning and Economic Development Committee (PED) heard from members of the Homestay Network (a community based organization of homestay permit holders) and city staff regarding the regulation and enforcement of homestays. The city’s new definition of “kitchen”, adopted January 2018, was at the center of the discussions. On June 10, 2019 the PED Committee provided policy direction to staff to move forward with a change to the definition of “kitchen” along with other minor amendments. The adoption of this change was delayed however and, in the months that followed, City staff continued to work with community representatives and council members on standards designed to address both community and staff concerns. The subject of homestays was revisited by the PED Committee in March and April of 2020 to explore three proposed changes that including: 1. Prohibiting the use of detached accessory structures for homestays; 2. Allowing homestays to have a kitchen; and, 3. Requiring non-resident property owners to be listed as co-hosts on a homestay application. The PED Committee provided clear direction in support of changes #1 and #3 but were not in agreement with respect to #2 for the changes related to kitchens in homestays. The draft ordinance is written to allow kitchens in homestays, which provides the greatest flexibility to move between short-term lodging and long-term living with the least amount of disruption. This is also the option recommended by the Planning & Zoning Commission.  Comprehensive Plan Consistency: - This proposal best aligns with the Living Asheville Comprehensive Plan theme of a Resilient Economy by addressing the city’s, “housing affordability challenges from a number of different angles, which include . . .creating more economic opportunities for wage growth and upward mobility” (p. 175). - Also, under strategies to increase and diversify the housing supply, the Plan describes the need to, “Develop a comprehensive study of all lodging types and their impact on the community in order to evaluate policy options related to these different uses. - In the interim, continue enforcement of illegal short-term vacation rentals” (p. 179).  Committee(s): - Planning and Economic Development Committee - June 2018, August 2018, June 2019, November 2020, March 2021 and April 2021. - Planning & Zoning Commission - December 2 (public hearing) and December 17 (vote), 2020. Approved unanimously, 6:0. Fiscal Impact: - No additional resources are being requested so no additional fiscal impact is anticipated. - Homestay and Short-term Vacation Rental enforcement remains the single largest focus area within zoning enforcement and includes contracting with a third party software vendor to adequately monitor rental activity; this practice continues to be recommended. Staff Recommendation: - Staff recommends approval of the zoning text amendment for the reasons stated above.  Ms. Tuch explained what is being considered is a zoning text amendment to the UDO updating the regulations for homestays including (1) prohibiting the use of accessory structures for homestays; (2) allowing full kitchens in homestays; and (3) requiring owners to be co-applicants. She provided some background, noting that homestays have been in place since 2006 (originally Bed & Breakfast Homestay). The City relaxed requirements and expanded options in 2015 as interest in and availability of online platforms grew. Standards were further refined in 2018 as part of a broader ordinance related to lodging - added definition of “kitchen.” Ongoing conversation has highlighted interest in revising the definition of kitchen, along with other changes to address enforcement and housing concerns. A dwelling unit means a series of rooms designed for independent, long-term living and which includes a separate bathroom, bedroom and kitchen. A homestay is a use that occurs within a dwelling unit and which can include up to two guest rooms that are used to provide overnight short-term lodging accommodations for compensation. A homestay is secondary to the main residential use of the home and the dwelling must be occupied by a full-time, long-term resident. She then explained the first amendment of prohibiting the use of accessory structures as a homestay. The second amendment will require property owners not living on the property to be a co-applicant on all homestay applications; and limit all applicants to only one homestay permit. And, the third amendment regarding the definition of kitchen is to simplify the existing definition and clarify that kitchens be permitted in homestays. The Planning & Economic Development Committee (PED) unanimously supported Amendments #1 (prohibiting the use of detached accessory structures) & #2 (requiring property owners to be co-applicants), but were not in agreement with regards to #3 (kitchens). The Planning & Zoning Commission unanimously supported all three amendments. Staff’s recommendation (1) consistent with the PED & the Planning & Zoning Commission’s recommendation, staff supports the proposed changes prohibiting the use of accessory structures as homestays (#1), and requiring property owners to be a co-applicant (#2); and (2) consistent with the Planning & Zoning Commission’s recommendation, staff also supports the proposed change to allow kitchens in homestays (#3). Ms. Tuch responded to various questions/comments from Council, some being, but are not limited to: how do we enforce requiring property owners not living on the property to be a co-applicant on all homestay applications; how successful are we with the collection of fines that are imposed; what happens if there is more than one property owner not living on the property; and are we going to grandfather in existing homestays. In response to Councilwoman Wisler regarding ownership of homestay permits, Ms. Tuch had no problem in amending language that no more than 5% (currently 30%) ownership in an LLC, corporation, trust or other legal entity shall be a sufficient ownership stake to constitute ownership for the purpose of the limitation of a homestay permit. Mayor Manheimer opened the public hearing at 5:40 p.m. From advanced live call-ins, three individuals spoke in opposition to the UDO amendment.  From advanced live call-ins, two individuals spoke in support of the UDO amendment. One individual felt that if Council votes to adopt this amendment, we should inventory the current affordable long-term rental properties and carefully monitor how many of those property owners apply for short term rental permits so we actually know the impact on affordable rental properties in Asheville. Mayor Maheimer closed the public hearing at 5:56 p.m. Councilwoman Kilgore, Roney and Turner were all concerned about the enforcement of these amendments. Councilwoman Roney was concerned that if we convince our neighbors that density of development on transit corridors is what we need, and we do, but we are not enforcing the short term rental aspect of it - then we are really just expanding lodging use into the neighborhoods. She did not support that. She hoped to revisit conversation around enforcement because that is going to take more work. She asked that we revisit this in 6 months or sooner to see the data around enforcement. Councilwoman Turner shared the concerns raised by some of the callers and shared concerns of ongoing enforcement issues, illegal units, absentee homeowners, neighbors being lost in neighborhoods, etc. In 2019 we had the highest percentage of our housing stock being used for short term use in the country. She hoped in the end that this becomes a win for the community. There are some truths to the fact that this might create some more housing stock, but whether or not it’s used long-term now or later is up for debate. She hoped this would not push housing prices up and hope that it creates more shared-housing opportunities. She was hopeful that this helps more people than it hurts. She was very concerned about displacement. Mayor Manheimer acknowledged that we are struggling on the enforcement side and even when Council allocated funding for additional staff we have not been able to keep up with everyone who violates the rules. We must continue to work on the enforcement side. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"contested vote","sq":17},{"d":"2021-12-14","mt":"regular","id":"IV-C-1","ref":"ORD 4918","it":"ordinance","t":"Ordinance extending the corporate limits for the voluntary annexation of 10.88 acres at 99999 Sweeten Creek Road","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to extend the corporate limits of the City of Asheville, North Carolina, by annexing a contiguous area of 10.88 acres of city-owned property located at 99999 Sweeten Creek Road in south Asheville. This public hearing was advertised on December 3, 2021. Background: - The City of Asheville purchased 10.88 acres located off of Sweeten Creek Rd. and identified in the Buncombe County tax records as PIN 9656-23-4325. - Acquiring this land will enable the City of Asheville to provide future parks and recreation facilities in a part of the city that is currently underserved with these facilities. - This property is located in Buncombe County but contiguous to the City of Asheville. - It is preferred that city owned property be located within the city’s jurisdiction; therefore, an annexation of the subject property is proposed. - Based on guidance from the North Carolina School of Government, a petition for annexation is not required for city owned property and, as such, a Certificate of Sufficiency is not required. - The property is described in the ordinance and petitioner’s Exhibit A, and qualifies for annexation by petition as set forth in the North Carolina General Statutes 160A-31 and NC General Assembly Session Law 2005-139. - Resolution 21-237 was adopted on November 9, 2021 setting the public hearing for December 14, 2021. - Pursuant to NCGS 160A-31, a public hearing must be held prior to adopting an ordinance for voluntary annexation. - Should the annexation be approved, there is a 60 day transition period during which the city must assign a zoning designation to the property. - A separate report recommending a zoning assignment of RS-4 has been submitted. - There is a separate but related council report addressing the assignment of zoning.  Committee(s): - None Pro(s): - Ensures that city owned property and city facilities are located within the city’s own jurisdiction, simplifying permitting for future work. Con(s): - None Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that it will: 1) support non-residential development that is compatible with surrounding neighborhoods and that can enhance opportunities for future residential infill (pp. 345-347), and  2) Promote access to well-maintained parks and open space for all (pp.74-75 & 212-213). Fiscal Impact: - None. Recommendation: - Staff recommends approval of the voluntary annexation request for the reasons stated above. PUBLIC HEARING TO ZONE 99999 SWEETEN CREEK ROAD TO RS-2 RESIDENTIAL LOW DENSITY DISTRICT AND LAND USE FUTURE MAP DESIGNATION TO PARKS/OPEN SPACE","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2021-12-14","mt":"regular","id":"IV-C-2","ref":"ORD 4919","it":"ordinance","t":"Ordinance to zone 99999 Sweeten Creek Road to RS-2 Residential Single-Family (initial zoning)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to zone 99999 Sweeten Creek Road to RS-2 Residential Single-Family Low Density District and Future Land Use Map designation to Parks/Open Space to a 10.88 acre parcel that is to be voluntarily annexed into the City of Asheville. This public hearing was advertised on December 3 and 10, 2021. Project Location and Contacts: - The voluntary annexation petition includes a10.88 acre parcel located at 99999 Sweeten Creek Rd. (PIN 9656-23-4325). - Owner/Petitioner: City of Asheville. Summary of Petition: - The City of Asheville acquired the subject property on September 27, 2021 for the purpose of expanding parks and recreation facilities in an area that is underserved by these facilities. - This property is located in Buncombe County but contiguous to the City of Asheville. - It is preferred that city owned property be located within the city’s jurisdiction; therefore, an annexation of the subject property is proposed. - Newly annexed property must be assigned a zoning designation within 60 days of annexation. - The subject property is currently zoned R3 in Buncombe County but is adjacent to city zoned RS-2 properties to the west. - Assigning a designation that is consistent with adjacent zoning ensures compatibility with surrounding properties. - Parks and recreation facilities are permitted in most zoning districts, including all residential zoning districts. - The Future Land Use map of the Living Asheville Comprehensive Plan includes a designation titled, “Parks / Open Space” which is intended to include a, “wide variety of different park facilities, active and passive open space, and greenways”. - There is a separate but related council report addressing the requested voluntary annexation. Comprehensive Plan Consistency: - This proposal is consistent with the Living Asheville Comprehensive Plan in that it will, 1) support orderly growth and development by assigning a zoning and land use designation that is compatible with surrounding properties (pp. 345-347); and,  2) promote access to well-maintained parks and open space for all (pp.74-75 & 212-213). Compatibility Analysis: - The purpose of the RS-2 zoning is to support low density, single-family development that stabilizes and protects the residential character but also notes that, “non single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted” (UDO Sec. 7-8-3.a). - To the north, the property is buffered by the Blue Ridge Parkway which is unzoned federal land. - To the south, the subject property is bounded by existing soccer fields currently zoned R2 in Buncombe County. - To the west, a 100 foot wide railroad right-of-way separates the subject property from an adjacent RS-2/RS-4 single-family residential community that is located within the City of Asheville jurisdiction. - To the east is a large (312 acre), undeveloped parcel zoned R-2, which allows single-family development with densities similar to those found in the city’s RS-2 and RS-4 zoning districts.  Committee(s): - Planning & Zoning Commission - November 3, 2021 (see recommendation) Pro(s): - Assigns a designation consistent with the surrounding zoning and uses. - Assigns a designation that allows parks and recreation facilities. Con(s): - None identified. Mayor Manheimer opened the public hearing at 6:16 p.m., and since there were no advanced live call-ins, she closed the public hearing at 6:16 p.m. Mayor Manheimer said that members of Council have previously received copies of the ordinances and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2021-12-14","mt":"regular","id":"IV-D","ref":"ORD 4920","it":"ordinance","t":"Ordinance to amend the Unified Development Ordinance (wording amendments to Chapter 7 regarding hotel development)","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to amend the Unified Development Ordinance for the purpose of updating standards related to hotel development. This public hearing was advertised on December 3 and 10, 2021. Background: - On February 23, 2021, the Asheville City Council adopted Ordinance No. 4855, “Ordinance Amending Chapter 7 of the Code of Ordinances of the City of Asheville to establish new standards for hotel development.” - The adoption of this ordinance marked the end of a 17 month long development moratorium on hotels. - Upon adoption of Ordinance No. 4855, the Asheville City Council requested that staff return in approximately 6 months to provide an update. - A report was presented on September 14, 2021, to the Asheville City Council providing an update on hotel development activity and observations regarding the review process and the application of the new hotel standards. - A number of code clarifications were recommended as part of the staff report to Council. - Council requested that staff return with a zoning text amendment addressing those clarifications. - Recommended code revisions include: - Change 1 - Revisions to definitions for large, small and extended stay hotels in order to define operational requirements and expectations for a hotel, as opposed to other forms of lodging; and to allow for more individualized regulation - Based on these operational features, extended stay hotels can only be large hotels - Change 2 - Clarification that off-street parking is required for hotels in the CBD - - Supports the current interpretation - Change 3 - Clarification that hotels under 100,000 square feet may be reviewed as a Level 1 or Level II (and not just Level IIs) - Change 4 - Clarify dimensions for storefronts to be consistent with CBD standards for liner buildings, and allow for greater flexibility. - Change 5 - Require that off-street parking requirements for hotels be satisfied on-site (no shared or remote parking options) Comprehensive Plan Consistency: - As with the previous hotel amendment, this proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including: - ‘A Livable Built Environment’ by encouraging responsible growth (p. 130) that promotes great architecture and urban design to enhance placemaking (p. 139) and - A ‘Resilient Economy’ by further implementing a comprehensive study of lodging facilities and their impact, and to develop new policies (pp. 178-9).  Committee(s): - A report to the Asheville City Council was provided on September 14, 2021. - This amendment was reviewed by the Planning & Zoning Commission on December 1, 2021 and was approved unanimously, 7:0. - The Downtown Commission also discussed the proposed amendment at their November 12, 2021 and expressed support with the recommendation that the text amendment be revised to require off-street parking to be provided on-site (disallowing shared or remote parking options). Pro(s): - Clarifies standards to better reflect current practices. - Further distinguishes hotel lodging uses for appropriate regulation that better offsets impacts. Con(s): - None identified. Fiscal Impact: - None She explained the following three definition changes: (1) Hotel, small means a commercial lodging establishment, under single management with on-site supervisory personnel, containing seven to 35 guest rooms offered to the general public for transient lodging accommodations and which may contain ancillary facilities or services such as restaurants, bars, coffee shops dining areas, exercise rooms, swimming pools, spas and meeting rooms. This definition shall not include extended stay hotels; (2) Hotel, large means a commercial lodging establishment, under single management with a dedicated lobby and on-site supervisory personnel present 24 hours a day, seven days a week, containing 36 or more guest rooms offered to the general public for transient lodging accommodations and which contains in-house staff and facilities for housekeeping. Large hotels may also contain ancillary facilities or services such as laundry, restaurants, bars, coffee shops dining areas, exercise rooms, swimming pools, spas and meeting rooms. This definition shall include extended stay hotels; and (3) Hotel, extended stay means a commercial lodging establishment, under single management commonly with on-site supervisory personnel, containing two or more individual units each providing accommodations for sleeping, sanitation and a kitchen and which may contain ancillary facilities or services such as restaurants, bars, coffee shops, exercise rooms, swimming pools, spas and meeting rooms. large hotel, under single management, containing 36 or more individual units or suites, each providing accommodations for sleeping, sanitation and a kitchen. Ms. Tuch said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment. In response to Councilwoman Kiglore, Ms. Tuch said that this amendment will only apply to new hotel applications moving forward. In response to Councilwoman Roney regarding Level I reviews, Ms. Tuch explained that the standards and code requirements are the same for Level I and Level II reviews, but the process is different. Level II reviews go through the Technical Review Committee, but Level I projects do not. She didn’t see any reason why we treated these smaller hotel projects any different than other small projects. Mayor Manheimer opened the public hearing at 6:27 p.m., and since there were no advanced live call-ins, she closed the public hearing at 6:27 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":20},{"d":"2021-12-14","mt":"regular","id":"IV-E-1","ref":"RES 21-261","it":"public_hearing","t":"Resolution adopting the Corridor Study on Hendersonville Road (with ADA compliance as identified need)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2021-12-14","mt":"regular","id":"IV-E-2","ref":"RES 21-262","it":"public_hearing","t":"Resolution adopting the Corridor Study on Tunnel Road (with ADA compliance as identified need)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2021-12-14","mt":"regular","id":"IV-E-3","ref":"RES 21-263","it":"public_hearing","t":"Resolution adopting the Corridor Study on Biltmore Avenue/McDowell Street (with ADA compliance as identified need)","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of resolutions adopting the Transportation Corridor Studies on Hendersonville Road; on Tunnel Road; and on Biltmore Avenue/McDowell Street as amendments to the Asheville in Motion Mobility Plan. These public hearings were advertised on October 1 and 8, 2021. On October 12, 2021, these public hearings were continued to November 9, 2021. On November 9, 2021, these public hearings were continued to this date. Background: - The French Broad River Metropolitan Planning Organization (MPO) is the recipient of federal transportation planning funds. - The MPO is staffed by the Land of Sky Regional Council. - - - - - - - - - - - - - In addition to regular transportation planning activities, the MPO recently funded three corridor studies in Asheville. The studies take an in-depth look at development trends, travel patterns and other plans and goals to evaluate and consider future multimodal transportation improvements. For all three studies, consultants were hired through a competitive process to conduct the work. Two of the studies, Hendersonville Road and Tunnel Road, were managed by MPO staff. The Biltmore Avenue/McDowell Street study was managed by City staff. All three studies had multiple public input opportunities through virtual public meetings, surveys, stakeholder meetings, and other outreach. North Carolina Department of Transportation (NCDOT) staff also participated in the development of all three studies, as the agency is responsible for operating and maintaining the corridors. Each study contains a range of recommended short and long-term projects aimed at: - supporting the City’s land-use objectives, - improving multimodal transportation, - improving safety, - calming traffic, - increasing connectivity, and - enhancing transit. The studies themselves do not commit the City in any way, financially or otherwise, to implement the recommendations contained within each study. The purpose of the studies is to provide a vision for: - “positive change” for each corridor, - explore potential transportation solutions and costs, and - to document public and stakeholder input. Adoption of the documents as amendments to the 2016 Asheville In Motion (AIM) Mobility Plan ensures that the AIM Plan remains a current and relevant living document. Adoption also ensures that these documents are referred to and incorporated into future corridor projects undertaken by NCDOT, as required by the NCDOT’s Complete Streets Policy, as well as ensuring that they are referenced for City CIP projects, and private-development applications. Links to corridor study reports: - Hendersonville Road - From Rock Hill Road to Airport Road - Tunnel Road and South Tunnel Road - From Beaucatcher Tunnel to Swannanoa River Road - Biltmore Avenue/McDowell Street - From Hilliard Ave. to All Souls Crescent  Pro(s): - Aligns with other policies and plans such as the Complete Streets Policy, Pedestrian Plan, Bicycle Plan, and the Living Asheville Comprehensive Plan. - Provides a vision and recommended improvements for each corridor to be considered as in planning future projects.  Con(s): - As planning-level studies, the recommendations for corridor improvements within the plans should be considered as guides for future projects and not considered as exact designs that will be implemented as shown. Fiscal Impact: - There are no fiscal impacts associated with these actions. - There are currently no funds programmed by any agency to implement the recommended improvements. Assistant Director of Transportation Jessica Morriss gave an overview of (1) partnership between Buncombe County, City of Asheville and the Metropolitan Planning Organization (MPO) (N.C. Dept. of Transportation was part of the steering committees as well); (2) each study provided multiple opportunities for public comment; (3) gives a starting point for a vision of “positive change” for each corridor; and (4) enables better documentation and involvement at an early stage - before major design and construction. Regarding Hendersonville Road and Tunnel Road, (1) managed by the MPO, in cooperation with the City and County; (2) both corridors were considered “high priorities” for improvements in the region; (3) County chose Hendersonville Road; and (4) City chose Tunnel Road. Regarding Biltmore Avenue and McDowell Street, (1) managed by the City; (2) funded by the City and the MPO; and (3) came about from several planned projects on the corridors that required further study. The purpose of the studies is to tie land use and transportation together. In addition, they document a vision for the future (1) corridor studies can help improve the planning process; (2) earlier understanding of needs and constraints; (3) earlier look at potential costs; and (4) aims to get the public involved earlier/create awareness. Regarding Hendersonville Road, the study area is 5.4 miles between Rock Hill Road and Sweeten Creek Road/Airport Road. It has 11,000+ residents and traffic volumes are 25k - 40k per day. Needs identified include (1) safety issues; (2) increasing congestion; (3) lack of connectivity; (4) lack of bike/pedestrian; (5) infrequent transit services; and (6) constrained corridor. Recommendations include (1) add a multi use path along the corridor; (2) increase transit frequency; (3) add a median to improve safety; (4) improve access management (reduce driveways); (5) improve intersections to reduce congestion; (6) minimize right-of-way needs; and (7) create more connectivity to disperse traffic. Regarding Tunnel Road, the study area is 1.75 miles between the tunnel and Swannanoa River Road. It has 240 residences with significant commercial and employment. The traffic volumes are 12k - 21k per day (decreasing). Needs identified include (1) safety issues; (2) some congestion; (3) lack of connectivity; (4) lack of bike/pedestrian; (5) constrained corridor; and (6) expected redevelopment. Recommendations include (1) road diet from Chunns Cove to South Tunnel Road to add multimodal and improve safety; (2) improve signal timing; (3) improve intersections to reduce congestion; (4) add roadway connections/create more of a grid; and (5) transition to more urban land uses. Regarding Biltmore Avenue and McDowell Street, the study area is 2.1 miles between College/Hilliard and Vanderbilt/All Souls Crescent; (2) Mission Hospital and medical offices; and (3) major employment and commercial (Biltmore Village). Needs identified include (1) safety issues; (2) some congestion; (3) lack of connectivity; (4) lack of bike/pedestrian; (5) constrained  corridor; and (6) must maintain hospital access. Recommendations include (1) consider corridors as a functioning pair; (2) rebalance lanes to continue hospital access but also be able to add multimodal; and (3) consider intersection improvements at major bottlenecks. In summary, the corridor studies set the stage for future infrastructure improvements. They allow the public to get involved earlier in the process. Adopting the studies as amendments to the Asheville in Motion Mobility Plan means (1) the N.C. Dept. of Transportation has to consider them in their planning; and (2) the City can refer to them when reviewing development applications. Adopting the studies does not commit the City or the N.C. Dept. of Transportation to any specific improvement, schedule, or funding contribution. When Councilwoman Wisler asked if the County’s Emergency Medical Services and the City’s emergency services have been consulted about the road diet suggested on McDowell & Biltmore Avenue, Ms. Morriss said that she would need to follow-up to see if they were a part of any of the public input; however, her recollection was that when road diets were discussed in general, public safety staff felt it would actually help with traffic flow as it would give additional room to maneuver as needed. Councilwoman Roney knows that we have a lot of attention in our community around bike and pedestrian facilities. We do not want to be at the top of the highest bike and pedestrian accident ratio in the state. She asked that in all plans that reference bike/pedestrian, that we include the addition of ADA compliance as an identified need. Ms. Morriss noted that any new facilities as part of the corridor studies, or any other project, is required to be ADA compliant. Mayor Manheimer opened the public hearings at 6:47 p.m. From advanced live call-ins, two individuals spoke in opposition of the Hendersonville Road corridor study and the Tunnel Road corridor study respectively, for several reasons, some being, but are not limited to: N.C. Dept. of Transportation invested millions on Hendersonville Road to increase traffic flow and the corridor study wants to reduce that flow; landscape islands will slow traffic and create more congestion; an unintended consequence is that if driveway cuts are changed, commercial tenants have the right to cancel their leases; and loan documents on commercial properties have language that if the site plan or access changes, they can call the note due; concern about emergency vehicle access if the road diet is instituted; and lack of communication with affected property owners on Tunnel Road. From advanced live call-ins, two individuals spoke in support of the three corridor studies, for several reasons, some being, but are not limited to: we need to utilize every tool we have to make our streets safer; and corridor plans will result in needed safety changes. Mayor Manheimer closed the public hearings at 6:57p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolutions and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":23},{"d":"2021-12-14","mt":"regular","id":"IV-F","ref":"","it":"public_hearing","t":"Motion to continue public hearing on amendment to conditional zoning at 511 Brevard Road (ORD 4702) until March 22, 2022","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":24},{"d":"2021-12-14","mt":"regular","id":"V-A-1","ref":"RES 21-264","it":"resolution","t":"Resolution to authorize a contract ratification assigning real estate contracts at 148-150 River Ford Parkway to Shangri-La Industries Inc. for permanent supportive housing","desc":"","c":"Housing","mo":"individual","mv":"Wisler","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"contested vote","sq":25},{"d":"2021-12-14","mt":"regular","id":"V-A-2","ref":"RES 21-265","it":"resolution","t":"Resolution to authorize the City Manager to execute a funding agreement with Step Up on Second Street Inc. for supportive services at 148-150 River Ford Parkway","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Kilgore","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"contested vote","sq":26},{"d":"2021-12-14","mt":"regular","id":"V-A-3","ref":"RES 21-266","it":"resolution","t":"Resolution to authorize contract amendments with Five P Mountain LLC and Sunrise Community for Recovery & Wellness for room nights and supportive services through March 31, 2022","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":0,"mr":"no material signals","sq":27},{"d":"2021-12-14","mt":"regular","id":"V-A-4","ref":"ORD 4921","it":"ordinance","t":"Budget amendment in the Special Revenue Fund from ARPA funding for the Step Up grant, Five P Mountain and Sunrise contract amendments","desc":"Director of Community & Economic Development Nikki Reid said that this is the consideration of the following actions: (1) Authorize a contract ratification to assign the real estate contracts for property on 148-150 River Ford Parkway to Shangri-La Industries, Inc. for the purposes of creating permanent supportive housing; (2) Authorize the City Manager to execute a  funding agreement with Step Up on Second Street, Inc. for the provision of supportive services for future residents of permanent supportive housing at 148-150 River Ford Parkway; (3) Authorize contract amendments with Five P Mountain, LLC and Sunrise Community for Recovery & Wellness for room nights and supportive services for current shelter participants extending the contract terms through March 31, 2022; and (4) Authorize a budget amendment in the Special Revenue Fund in the amount of $1,056,000 from American Rescue Plan (ARPA) funding to fund the grant agreement with Step Up on Second Street, Inc. for $500,000, the contract amendment with Five P Mountain, LLC for room nights until March 31, 2022 in the amount of $366,000 and the contract amendment with Sunrise Community for Recovery & Wellness for accompanying supportive services in the amount of $190,000. Background: - Earlier this year, the City entered into a contract to purchase real estate at 148 and 150 River Ford Parkway (aka the Ramada) for the purpose of creating an Emergency Shelter to serve the unsheltered homeless population. - The contract expires Dec 15, and the City must give notice to purchase or withdraw the offer. - Funding and community partners have requested a more extensive planning process in order to achieve long-term success in the development of a new emergency shelter. - Partners have also indicated the need for additional permanent supportive housing for homeless veterans and people who are chronically homeless, and the Ramada property is also a superior site for permanent supportive housing. - Staff has identified a path forward that seeks to provide an opportunity to accomplish multiple goals to include: - - - - - - Goal 1 - continue to work with funding partners and the community on a new consultant-led planning process for the development of an emergency shelter in a different location, yet to be determined - Goal 2 - pursue positive outcomes for 80 people currently sheltered at Ramada and continue that operation through March, using that time to work on housing solutions for each participant - Goal 3 - Transfer the Ramada purchase contracts to a private entity / non-profit partnership to re-purpose for permanent supportive housing instead of the shelter use  To implement Goal 2, the City will extend its existing contracts with Five P Mountain, LLC and Sunrise Community for Recovery & Wellness through March 31, 2021 and will seek partnership funding to share in these costs. To implement Goal 3, the City will assign its contractual rights to purchase the Ramada property to a private entity known as Shangri-La Industries, Inc. This firm uses purpose-driven, low-return, private sector financing to acquire and rehab hotels into housing units and secures project-based housing vouchers to cover the carrying costs and long-term capital maintenance. In exchange for this contract assignment, Shangri-La Industries will execute a deed restriction with the City of Asheville for a period of 50 years for permanent supportive housing. Their non-profit partner, Step Up on Second Street, Inc., provides on-site case management services for residents, including mental health services, counseling, substance use recovery support and linking to community resources. This for-profit / non-profit partnership is part of a national strategy to provide permanent supportive housing for individuals experiencing chronic homelessness and this experienced partnership has rolled out successful hotel conversions for permanent supportive housing in California. - - In this location at River Ford Parkway, the intent of the partnership is to provide 50+ units of permanent supportive housing to homeless veterans, and 50+ units of permanent supportive housing to chronically homeless individuals. Step Up on Second Street, Inc. has requested a one-time funding grant of $1.5M in ARPA funds, designed to meet the supportive services needs of residents for a three-year period, allowing Step Up to secure sustainable funding from other sources for ongoing resident service needs.  Committee(s): - None Pro(s): - - - - - Addresses public health and safety Prevents current shelter participants from returning to unsheltered homelessness Provides new pathway for shelter development Creates needed permanent supportive housing units Leverages new investment of private-sector resources and national expertise  Con(s): - None Fiscal Impact: - Allocates funds from the American Rescue Plan (ARPA) in the Special Revenue Fund in the amount of $556,000 for existing shelter operations through March 31, 2022, and $1,500,000 for the initial three years of supportive services for permanent supportive housing. - To date, the City has spent the following amounts of Affordable Housing Capital Improvement Program (CIP) funds on the real estate acquisition at Ramada - $44,500 in due diligence, including appraisals, environmental reviews, surveys, property inspections, etc. - $50,000 in earnest money - $35,000 in non-refundable deposits to the seller(s) - If the closing is successful, the City will be credited back its earnest money and deposits for a total amount of $85,000 from Shangri-La Industries, Inc. City Manager Campbell said the key takeaways from this presentation will be (1) The City of Asheville is committed to an Emergency Shelter as an essential addition to our homeless service system - Deeper, more inclusive planning and a long-term funding strategy are needed to ensure success; (2) Housing is the goal for all people experiencing homelessness, and additional Permanent Supportive Housing is also essential for a high-functioning homeless service system; and (3) The need is great in our community - We need every partner and new partners to help meet the need. Homeless Services System Performance Lead Emily Ball said that a retrospect of the non-congregate shelter at the Ramada is that since April 19, 2021: 116 people sheltered. Non-congregate shelters can safely serve people with complex needs; Growing national evidence that non-congregate, low-barrier shelters have stronger outcomes. City entered into a contract to purchase the Ramada to create an ongoing non-congregate shelter in May 2021. Published Request for Proposals (RFP) in August 2021 to identify Shelter Operator; identified  Sunrise Community for Recovery and Wellness as the top candidate based on population experience and proposed operation. Ms. Ball said that the emergency shelter planning update is that community and funding partners expressed concerns about cost and project configuration. The project cost is : $24.75M (acquisition, rehab, operations) Concerns about total cost and sustainability of ongoing operational costs (est. $2.5-$3M annually. City not able to bear $24.75M cost alone. Regarding a new opportunity for permanent supportive housing (1) Independent of shelter initiative at Ramada, City staff had been working with new partners to develop additional units of permanent supportive housing in Asheville (a) Permanent Supportive Housing (PSH) is a proven solution to chronic homelessness, providing long-term housing and supportive services; and (b) Additional units of PSH are needed in our community, alongside the units being created by local non-profits such as Homeward Bound (200+ people currently chronically homeless); and (2) Multiple benefits of Ramada location for long-term housing (e.g. proximity to bus line, groceries, employment opportunities, etc.). Economic & Community Development Director Nikki Reid said that the path forward is that we are at a crossroads with the Ramada property. Real estate contract expires Dec 15, must give notice to purchase or withdraw. The proposed path forward seeks to accomplish multiple goals: (1) Goal 1 - continue to work with funding partners and the community on a new consultant-led planning process for an emergency shelter; (2) Goal 2 - continue / wind-down shelter operations until March 31, 2022 while working on housing solutions for each participant; and (3) Goal 3 - hand off the Ramada to a private entity / non-profit partnership to re-purpose for Permanent Supportive Housing instead of the shelter use. Ms. Reid said that regarding Goal 1, which is long-term collaborative partnerships to move the needle on major issues in our region. Next steps for the Emergency Shelter initiative (1) Engage with partners in consultant-led planning process to develop and fund an Emergency Shelter project; (2) Future Emergency Shelter funding decisions made at a later date; and (3) New emergency shelter project configuration would include capital and operating costs developed with funding partners. Ms. Reid said regarding Goal 2, which is to continue / wind-down shelter operations until March 31, 2022 while working on housing solutions for each participant. Next steps includes transition current shelter operations to preserve stability for 80 occupants (1) 3 months of shelter and services: $556K; and (2) Partners willing to consider cost share, Regarding Goal 3, which is to hand off the Ramada to a private entity / non-profit partnership to re-purpose for Permanent Supportive Housing instead of the shelter use. Permanent Supportive Housing at Ramada (1) 50+ units of permanent affordable housing for homeless veterans; (2) 50+ units of permanent affordable housing for chronically homeless individuals; and (3) On-site wrap around services to support residents. Ms. Ball talked about how tenants will access these units and what that process will be. She said that part of the vision for this property is that housing vouchers will be attached to these units. There are particular HUD regulations that we will need to follow to comply with the use of those housing vouchers. Additionally, when we talk about ending homelessness with permanent housing, the way that we do that in homeless programs is that they use a process called coordinated entry. Coordinated entry means that we pool all of our homeless people, pool all of our housing resources and assess the housing needs of people who are homeless and then make the most appropriate match based on that particular household. They are prioritized by their vulnerability. At this point, there is not a way to identify exactly who would be eligible for these particular units because the full assessment process will need to be gone through. She  highlighted the coordinated entry evaluation we have recently done. We looked at our coordinated entry data over the past year specifically related to demographics and outcomes. In our point in time counts, in January 2021, 70% of people identified as homeless were white; 24% were Black or African American; 2% were American Indian, Alaska Native, or Indigenous; and 4% were multiple races. Those are the comparative numbers we used when we looked at the demographics of those who are houses through coordinated entry. Point in time count - the total homeless population is about 70% white - the percentage of people who are housed in coordinated entry in the past year is 68% who are white. Point in time count - 24% Black or African American - the percentage housed in coordinated entry is 28% who are Black or African American. Point in time count - 2% American Indian, Alaska Native, or Indigenous - the percentage housed in coordinated entry is 2%. And, point in time count - 4% in multiple races the percentage housed in coordinated entry is 2% in multiple races. The takeaway is that we were really specifically looking for disparities and outcomes in terms of who is housed in our community through the system that we have and we did not find those disparities when we compared that to our point in time count data. Ms. Reid said that partners include Shangri-La Industries, a for-profit developer and general contractor, who would purchase the hotel, renovate it into housing, and continue to own it; and Step Up on Second Street, a non-profit permanent supportive housing provider contracted by Shangri-La to operate the project and provide supportive services to residents. Funding model is (1) Private capital (Shangri-La) to purchase and renovate; (2) Federal housing vouchers to pay the ongoing rent, which covers operational costs; and (3) Local funding for Step Up to provide supportive services at $500k per year. The process is that Shangri-La would close on property early 2022 and begin renovations with a projected occupancy in late 2022. Next steps include (1) Assign real estate contract to purchase to Shangri-La; and (2) Seed funding of $1.5M in ARPA funds for supportive services for initial 3 years (Step Up to diversify funding after 3 years) Possible split with funding partners. Opportunities include (1) Strategically meet a critical community need for more Permanent Supportive Housing; (2) High return on public investment: One time City grant of $1.5M leverages $10M+ private capital to create community asset that ends homelessness for 100+ people; (3) Willing to attach a 50-year affordable housing deed restriction on renovated Ramada building (4) Separate land parcel that is currently undeveloped that is included in this transaction and while there are no plans for that property at this time, Shangri-La has also agreed to restrict that vacant parcel to a residential use as as to preserve housing opportunities for our entire community; (5) Shangri-La has agreed to reimburse the City for all of its due diligence costs ($104,500) for the Ramada acquisition; and (6) Replicable model and proven track record in other communities. She then reviewed a chart of funding implications from an emergency shelter at the Ramada - $24.75 Million vs. an emergency shelter transition with permanent supportive housing at Ramada - $2.056 Million. Ms. Reid and Ms. Ball responded to various questions/comments from Council, some being, but are not limited to: explanation of why permanent supportive housing projects can get voucher funding and shelters cannot; do the units have to be inspected for livability, other than just a non-congregate living type situation; Councilwoman Roney said that she appreciated the support to change to a housing use instead of a lodging use for this property. She was deeply concerned that we fumbled this emergency shelter funding. And in doing so, we have failed our neighbors experiencing homelessness that were temporarily housed in the Ramada Inn and we failed the residential and business neighborhoods in close proximity by not converting to a low barrier shelter already. So many neighbors are under the impression that it already is a low barrier shelter and that’s not  working. But it isn’t and that’s our fault. She will look back on this as a loss. Since we are losing this opportunity for an emergency shelter at this location, she is concerned that we also haven’t fully funded deeply affordable housing options that are on the table, and we are displacing encampments during the pandemic, which is a violation of CDC guidelines. She moved to fully fund the purchase of the property at 148-150 River Ford Parkway with the funding mix of ARPA funds, as well as bond funds and General Fund fund balance that is growing beyond our policy of 15% because we raised property taxes during the pandemic. Hearing no second, the motion died. Councilwoman Turner was also concerned, but she supported these actions with these partners. Mayor Manheimer was also supportive of moving forward to acquire a high access shelter with partners as soon as possible. She was very disappointed that it did not work out at this site at this time. To her knowledge, there is not a city in North Carolina that has yet brought online a high access shelter. We are trying to do something that is pretty innovative. Unfortunately when you are trying to figure this out, it doesn’t always work out. We all have spent a lot of time learning about the entire industry that we didn’t know a lot about. To her it is fundamental that we have a high access shelter so that we can partner with the County and their pilot program to have community paramedics that are out there doing emergency response and trying to help people who are experiencing everything from mental health issues to homelessness to substance abuse and have a place to be able to house people on an emergency basis. She applauded City staff on their hard work and efforts on this. She said that permanent supportive housing is an incredible need in Asheville. Councilwoman Roney said that the population currently at the Ramada Inn is in shelter because the City of Asheville was displacing encamped people in the past year. She is concerned about the potential barriers to shelter for those who have the most need in our community and how those barriers perpetuate the disparities we have. Because an equitable recovery was this Council’s key priority for ARPA funding, and she expects our community to hold us accountable in our outcomes, she asked, and Ms. Reid and Ms. Ball responded, what does the application process look like and what is the commitment to existing participants at the Ramada Inn now. Vice-Mayor Smith felt that permanent supportive housing is a better fit for our community. However, she was concerned about the total funding of $1.5 Million over three years. She suggested we commit to $500,000 of ARPA funds for the first year, which would free up $1 Million for locally based covid related response prevention, etc., and then identify funds from other source(s) for years 2 and 3. Councilwoman Mosley said that there were several provisions of this that we supported; however, she was concerned about the lack of transparency of this process; and equity. She understands that the City was not required to issue a Request for Proposals (RFP), but was not given a reason as to why we didn’t do one. Now we have ended up with proposed partners from out of state. She understood that we came up with these partners because staff reached out to them. To her, that seems like it was a “good old boy network.” She felt the process was not equitable. And, she was also concerned about giving ARPA funds to a for-profit entity based in California. After researching Shangri-La Industries, she saw they are not very diverse. Regarding equity, out of the 80 homeless at the Ramada Inn, only 9 are African American and that troubles her. She felt we are not reaching the neediest of the needy in our community and wondered how we get to serve the people who need it the most. Mr. Tod Lipka, President and CEO of Step Up on Second, said he couldn’t speak to Asheville, but his perspective is that the provider community in many cities has an inherent bias  built in because much of the providers are center-based and wait for individuals to come to them. People who are most disabled and have the least access are less able to navigate those bureaucratic boundaries. That is why Step Up is a community based organization. He has 350 employees and all of their service staff don’t sit in an office - they go out into the community to find those individuals. There is an assessment tool that they use that has some bias built in, but they really do advocate for an assessment tool that is going to look at some of the issues Councilwoman Mosley raised. In some communities they not only provide the services but the property management. They want to serve Asheville as a community in terms of what are your priorities and preferences. One community put in a criteria that they house only those people that have been homeless for a certain number of years in the permanent supportive housing units. The City could also outline some multi-criteria, because the vouchers will have some criteria, and the assessment tool will also have some criteria. The City can also have it’s own criteria. The City can also ask them to mirror, as best as possible without violating Fair Housing laws, that the demographics of the individuals who are housed in this building match the demographics of the homeless population. Sometimes people who need this life-saving housing die before the buildings are completed. So, they disrupt the system that is really built around all the investors, which is why it takes so long and costs so much. We are bringing a solution to you that is intended to radically change how quickly housing is developed and how much it costs to a jurisdiction. We are talking about a year or so to have this housing online and to have people housed - and a minimum cost to the City. At the request of Councilwoman Roney, Ms. Ball said that she would provide her with the demographic breakdown of Latinx community. Mayor Manheimer said that we will likely have received funds from the opioid settlement and that might be a source of funds for years 2 and 3. Ms. Reid also noted that we do have capacity in the Affordable Housing Bonds; however, City Attorney Branham noted that there are restrictions on bond money. In response to Councilwoman Wisler about the 3-year commitment by the City, Mr. Lipka said that the service funding will be required for an indefinite period of time. These housed individuals will need long-term support. The support will reduce over time but it will be pretty intense over the first number of years. We don’t see it as completely our responsibility to raise the money for the services after the 3 years. In fact, we thought 3 years as a minimum commitment for the City to make for us to consider this project, because the last thing they want is to provide a solution and then abandon people at some point because of the supportive services funding is no longer there. We would certainly partner with you on philanthropic, on government grants, etc. but the best cities have systemic funding that is ongoing for the supportive services. In response to Councilwoman Roney, Mr. Lipka said that they don’t like to take out units; however, they will make space for some community space. When Councilwoman Wisler asked if they have a model for emergency sheltering, Mr. Lipka said that they don’t do anything with shelters or short term housing. Shelter operations are not a solution. City Manager Campbell said that we could move forward with allocating $500,000 in ARPA funds and then identify $1 Million from other source(s). From advanced live call-ins, eight individuals spoke against the assignment of the purchase contract at 148-150 River Ford Parkway, along with the grant agreement with Step Up on Second Street, for various reasons, some being, but are not limited to: City’s mismanagement of the Ramada Inn; lack of transparency; Ramada Inn location is not a fit in the surrounding  community; this is an unorganized and unplanned project; current problems with drugs, needles, prostitution, theivery, physical assaults, etc.; need to find a new location for an emergency shelter; and need for more public engagement. From advanced live call-ins, four individuals spoke in support of the assignment and purchase at 148-150 River Ford Parkway, and the accompanying actions. Mayor Manheimer said that members of Council have been previously furnished with copies of the resolutions and ordinance and they will not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1SPEqdapnGIwAz6--gG8NUQn-gvhystdz/view?usp=sharing","mat":1,"mr":"contested vote","sq":28},{"d":"2022-01-11","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on December 14, 2021","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-01-11","mt":"regular","id":"II-B","ref":"RES 22-1","it":"resolution","t":"Resolution authorizing the City Manager to submit an application to the French Broad MPO to prepare a transportation connectivity and land use study for East Patton Avenue","desc":"Background: - The Planning Work Program (PWP) Grant of the FBRMPO funds planning and feasibility studies that can begin work in FY 2023; previously funded projects include the Transit Master Plan and the Biltmore/McDowell Corridor Study. - The Metropolitan Planning Organization issued a call for PWP applications from November 18 until December 23, 2021. - - - - - - Transportation and Planning staff propose to request funds for a comprehensive land use and transportation network plan for an approximately ½ mile wide corridor of Patton Avenue; starting from the eastern end of the Captain Bowen Bridge and ending at Pritchard Park. This project would use anticipated changes in land use and transportation as part of the upcoming I-26 Connector Project as the starting context for the plan; it would build on a significant number of plans and investments recognizing the significance of future development of this area, such as the 2018 Sam Schwartz Final EIS Technical Memorandum. City staff was unable to get the action on the agenda for the December 14, 2021 meeting due to the short time-frame between learning of the grant opportunity, identifying an eligible priority project, and the application deadline. Therefore, the requested action constitutes a request for retroactive approval. The FBRMPO has not set a budget amount for the program; the City’s requested amount of $350,000 reflects a scope of work that can be scaled down if that amount is not available. A 20% local match is required;the Planning and Urban Design and Transportation staff can work with Budget staff to consider the match as part of the FY22-23 budget process.  Committee(s): - Staff did not present this item for Planning and Economic Development Committee (PED) review due to the short time staff had to learn about and consider the call for projects. Pro(s): - Provides authorization for the City to receive grant funding to implement a strategy outlined in the city’s adopted Comprehensive Plan, Living Asheville; and implement Goal 20 of Council’s 2018 Strategic Priorities list. - Will help provide planning guidance for future capital improvements that may impact adjacent communities, including neighborhoods in lower income census tracts. Con(s): - None. Fiscal Impact: - If the grant is awarded, the City is required to provide 20% of the grant amount in matching funds (up to $70,000) in order to sign an agreement and accept the funds. - Matching funds are not currently part of the adopted budget, but as noted above would be included for consideration as part of the FY 22-23 budget process if the grant is awarded.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-01-11","mt":"regular","id":"II-C","ref":"RES 22-2","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Harper Corp. General Contractors","desc":"Background: - Design of the project began in August 2018, following approval of the GO Bond Referendum to provide additional indoor & outdoor recreation/community space and necessary support facilities for the Dr. Wesley Grant Sr. Center. - In September 2019, city council authorized an amendment to the Dr. Wesley Grant Sr. Center design contract to include a new outdoor pool facility to replace the failing Walton Street Pool. - Due to the unique nature of the recreation and outdoor pool facility, city staff prequalified nine general contractors based on their experience with similar projects according to NCGS 143-135.8. - Six bidders provided construction bids for this project on April 29, 2021. The lowest responsive and responsible bid was provided by Elford, Inc. with a bid of $5,863,360. - City council was presented with an update on the project and bid status at their June 8th, 2021 council meeting. - City staff planned to take to the following June 22, 2021 council meeting the recommendation for award to the low bidder, but due to an expressed concern from council regarding certain project elements and community engagement, the recommendation was not presented and the bids expired. - Additional community and council engagement followed in the fall of 2021, which resulted in confirmation that the previous project scope was appropriate and had sufficient community buy-in. - The project was re-bid on 12/09/2021 to the same pre-qualified general contractors. - Five bids were received and formally opened. - The resulting bids, including owner approved bid alternates, are listed below: Contractor Location Amount Harper General Contractors Asheville, NC Branch $ 6,785,356.00 H&M Constructors Asheville, NC $ 6,831,200.00 Elford, Inc. Charlotte, NC $ 6,835,400.00 Brantley Construction Weaverville, NC $ 7,929,509.00 Randolph & Sons Charlotte, NC non-responsive - Construction start is expected in Spring 2022, but due to the uncertainty in delivery and procurement for steel products on this project, the contractor will be provided an initial notice to proceed with steel shop drawing production. - Once dates are established for delivery of steel, the contractor will be provided with a notice to proceed for the remaining construction, which will include a 420 calendar day construction duration. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through multiple solicitation processes which include direct outreach to all ABI listed subcontractors, posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to HUB certified service providers for subcontracted services. - ABI subcontractors were targeted and invited to the pre-bid meeting to meet the prequalified General Contractors. - - - - Harper General Contractors supplied as a part of their bid all of the ABI outreach documentation as required. Although not a part of the award process, Harper General Contractors provided detailed documentation after bids were received of their outreach efforts and were able to inform us that an increase of their HUB subcontractor participation to 14%, or $958,990. This will include five HUB businesses and two black owned businesses (Hemon BIM for Building Information Modeling, and MS Lean for site demolition, hauling, and construction access roads). There are many smaller general services that will be needed throughout the project, and Harper intends to bid and contract those with local black owned businesses whenever possible.  Committee(s): - N/A Pro(s): - Allows construction to proceed on the GO Bond funded project to provide an expanded gymnasium and community pool to serve the Southside community. - Construction includes installation of a 110.7 KW photovoltaic system to be mounted on the roof of the new gym building which will generate upwards of 60 percent of the total buildings energy use. - 42% of the project costs will be spent locally in Western North Carolina. Con(s): - Construction schedule may be impacted by material and labor slowdowns due to the pandemic. - Costs have increased significantly since this project was first bid. Any additional delays will likely cause additional increases to the cost of the project. Fiscal Impact: - Funding for this contract already exists within the currently approved Capital Improvement Program as part of the 2016 GO Bond. Total amount of contract including alternates is $6,734,000.00 plus a contingency for possible change orders of $1,017,803.00","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-01-11","mt":"regular","id":"II-D","ref":"RES 21-3","it":"resolution","t":"Resolution authorizing the City Manager to sign an easement agreement with Ann Lowell to allow a sewer connection on city-owned property at 29 Oak Hill Drive","desc":"Background: - Owner of the property approached the Real Estate office requesting a sewer easement for a rental property. - The property is currently served by a septic system that is failing. - The property owner provided a map that showed that the connection is at the rear property line and the easement would consist of 150 square feet. - The only reasonably feasible way for the property owner to connect to the Metropolitan Sewer District’s line is across city property. - The owner has few feasible options for a sewer connection at this location. - The property is being land banked for affordable housing, but the development timetable is uncertain at this point. - The owner was asked to move the sewer connection line close to the adjacent property to impact the buildability of the City’s lot as little as possible. - Language will be added to the easement document to allow the city to move the connection in the future and the property owner will be required to share in the cost. - The owner of the property will compensate the City fair market value for the easement. - The Real Estate Office reviewed active listings in the area and the fair market value of this easement is $345.00.  Committee(s): - None. Pro(s): - Easement will allow the property owner to replace a failing septic system that is within City limits, thereby eliminating a potential public health hazard. - Property Owner will be paying market value for the easement. Con(s): - The sewer connection may have to be relocated at a later date and the owner will be required to participate in the expense. Fiscal Impact: - The fair market value of the easement in the amount of $345 will benefit the General Fund.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-01-11","mt":"regular","id":"II-E","ref":"ORD 4922","it":"ordinance","t":"Budget amendment from restricted and assigned fund balance for prior year contracts, purchase orders, and carry-over appropriations rolled forward to FY2021-22","desc":"Background: - As part of its ongoing operations, the City enters into various contracts and purchase order agreements throughout the fiscal year. - Budget funds are encumbered for the full amount of the expected purchase. - These contracts and purchase orders are often not fully completed and paid in one fiscal year. - North Carolina General Statutes provide authorization for local governments to reserve the unexpended portion of these prior year commitments and roll those budgets forward to the new fiscal year. - As a part of the FY 2020-21 annual audit, staff identified prior year commitments and carry-over appropriations to roll forward to FY 2021-22. - These dollar amounts were deducted from the unassigned fund balance amounts that were reported in the Annual Comprehensive Financial Report. - The technical budget amendment will provide authorization to officially appropriate these amounts in the FY 2021-22 budget for each of the City’s annual operating funds. - It is standard practice for staff to bring forward this technical budget amendment each year at the same City Council meeting in which the external auditors present the annual audit results.  Committee(s): - None Pro(s): - Provides budget authorization for prior year contracts, purchase orders, and other carry-over appropriations that rolled forward to FY 2021-22. Con(s): - None. Fiscal Impact: - There is no impact on unassigned/available fund balance in the City’s operating funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-01-11","mt":"regular","id":"II-F","ref":"RES 21-4","it":"resolution","t":"Resolution authorizing a sole source justification purchase of equipment and services from Carolina Recording Systems LLC for Eventide","desc":"Background: - On November 9, 2021, City Council approved Resolution No. 21-241, which authorizes the City and the County to enter into an agreement to consolidate 9-1-1 Services. - This requires the City of Asheville to interface the City’s radio system to the County's audio logging system. - Carolina Recording Systems is the dealer Buncombe County uses for their 9-1-1 audio logging system who is responsible for maintenance and warranty on their system. - This contract will provide the needed software license and components for them to interface our radio system to the County's logger. - This was generated in consultation with the City’s radio system manufacturer, Motorola Solutions. Vendor Outreach Efforts: - Sole source/standardization procurement allows for products to be purchased exclusively from one vendor in order to ensure the expansion of an existing system using proprietary components. - In using sole source/standardization procurement, there is no further outreach conducted because the items are purchased from a specific vendor. - Because the City is interfacing with the Buncombe County 9-1-1 system, items are being purchased from their existing audio logging supplier.  Committee(s): - None Pro(s): - This action supports the City’s goal to reimagine public safety by integrating the City’s radio system with the consolidated 9-1-1 system. Con(s): - Sole source procurements may reduce competitive pricing. Fiscal Impact: - The one-time cost of integration of $92,140, is already included in the adopted Police Department budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-01-11","mt":"regular","id":"II-G","ref":"RES 22-5","it":"resolution","t":"Resolution amending donation agreements with Asheville City Schools Foundation","desc":"Background: - In October 2020, and April 2021, the City Council approved two Donation Agreements providing funds to the Asheville City Schools Foundation for the establishment of two scholarships. - In October 2021, a lawsuit was filed against the City and others by WNC Citizens for Equality, Inc. challenging the legality of the donations. - While the City disputes the allegations of the lawsuit, the plaintiff has now agreed to resolve this matter if the donation agreements are amended with updated language. - These amendments will alter the eligibility requirements for the scholarships and add language prohibiting discrimination. - The amended language will be as follows: Paragraph 1 shall be amended to replace the second and third sentences of Paragraph 1 with the following sentences: “The first is for a scholarship to be awarded in perpetuity to high school students within Asheville City Schools, based on the following criteria: In addition to the criteria set forth for all ACSF scholarships, the scholarship will give preference to applicants whose household members, including parents and/or guardians have a high school education or less, these applicants representing “first generation” college students. Additionally preference will be given to applicants who are committed to pursuing a career in education. The second is for a scholarship fund for educators and staff of Asheville City Schools who are pursuing their next level of education and/or certification, with a preference for applicants who are or were “first generation” college students.” Paragraph 10 in each agreement shall be amended to add the following text: “ACSF shall be prohibited from discriminating based on any of the following characteristics of any applicant for award of the scholarships that are the subject of this Donation Agreement, whether the scholarship be for students of Asheville High School or employees of Asheville City Schools: race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familiar status, pregnancy, veteran status, religious belief or non-belief, age or disability.”  Committee(s): - None Pro(s): - Resolves a pending lawsuit with no financial liability for the City, and preserves the Asheville City Schools Foundation scholarships. Con(s): - None. Fiscal Impact: - None.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-01-11","mt":"regular","id":"IV-A","ref":"ORD 4923","it":"ordinance","t":"Ordinance to rezone approximately 128 acres along South Tunnel Road (phase II Urban Place Form District)","desc":"Urban Planner Vaidila Satvika said that this is the consideration of an ordinance to rezone approximately 128 acres of property from Regional Business District, River District, RM-16 Residential Multi-Family High Density District, and RS-4 Residential Single-Family Medium Density District to Urban Place Form District. This public hearing was advertised on October 15 and 22, 2021. On October 26, 2021, this public hearing was continued to this date. Project Location and Contacts: - The project sites are located along South Tunnel Road and summarized by the current zoning district on the right. - Owners: various Background: - This city-initiated petition aims to implement the Urban Centers initiative, which is a recommended growth strategy of Living - - - - - - - - - Asheville, the city’s long-range comprehensive plan. The request totals approximately 128 acres of property to be rezoned to Urban Place Form District. This petition is phase two of a two phase rezoning process that prioritizes the rezoning of those urban centers identified in the city’s Future Land Use Map (FLUM), which are located closest to the Central Business District and also on the high-frequency transit network. - City Council adopted the Urban Place Form District on September 28, 2021 along with the rezoning of phase I, which totalled approximately 122 acres of rezoned land. - The rezoning will allow for the built environment of these properties to transition over time so that they become more urban and walkable, and better aligned with the city’s long-term goals. The rezoning will lead to a more efficient use of land that encourages housing and incentivizes affordable housing along transit routes. Staff have prepared an equity analysis of the proposed rezoning using the Racial Equity Toolkit: An Opportunity to Operationalize Equity, as prepared by the Local and Regional Government Alliance on Race and Equity. Staff met with the Legacy Neighborhoods Coalition (LNC) six times between January and August 2021 to discuss neighborhood concerns around displacement, ongoing development and neighborhood involvement in the development process. This community work led staff to recommend removal of the Patton Avenue node from Phase II to allow more time to develop neighborhood stabilization strategies identified through application of the Equity Toolkit and balance the goals of addressing equity and community concerns with other city goals related to the built environment. Staff met with the management staff of the Asheville Mall to review the proposed rezoning and answer questions. The mall management is generally in support of the goals of the rezoning. It was made clear that the mall is for sale, however, so there is complete uncertainty in that regard.  Comprehensive Plan Consistency: - This proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including ‘A Livable Built Environment’ and ‘A Resilient Economy'. The following goals are applicable to this zoning amendment: - Encourage Responsible Growth; prioritize growth and development within designated growth areas - Increase Mixed-Use Development Along Transit Corridors - Promote Great Architecture & Urban Design to Enhance Placemaking - Make Streets More Walkable, Comfortable and Connected - Increase and Diversify Housing Supply; incentivize development that maximizes public benefit - Promote the Development and Availability of Affordable Housing and Workforce Housing; promote affordable housing policies via incentives such as bonus densities and building heights - The proposed rezoning aligns with the Future Land Use Map (FLUM) that is designated as Town Center in this area, which can be thought of as a more intensely developed Urban Center. Compatibility Analysis: - The proposed boundaries of the Urban Place Form District were derived from the Town Centers Land Use category of the Future Land Use Map adopted in the Living Asheville Comprehensive Plan. - - The Urban Place zoning district is deemed to be in alignment with the Town Center land use category. Compatibility is achieved by targeting existing commercial nodes with the ability to absorb additional density and mixed use development due to their location in areas with adequate infrastructure and along high frequency transit corridors.  Council Goal(s): - A Well-Planned and Livable Community Committees: - On January 14, 2019, the Planning and Zoning Commission unanimously supported staff’s revised process for the Urban Center initiative, which includes consideration of a new zoning district for the subject areas and additional community engagement. - On February 11, 2019, staff provided an update to the Planning and Economic Development Committee (PED) that clarified redevelopment within Urban Center locations is not permitted while the rezoning application is under consideration. - On September 5, 2019, an update was provided to the Affordable Housing Advisory Committee (AHAC) with input received regarding the incentive for affordable housing. - On January 13, 2020, an update was provided to PED that included proposed incentives for housing. Staff also shared neighborhood concerns relating to gentrification. - At the October 27, 2020 City Council work session on the hotel development regulations Council suggested that staff postpone the consideration of the Patton Avenue node from the project and allow the other areas to move forward and recommended that staff add the Asheville Mall node to the initiative as part of a Phase II rezoning effort that would include the Patton Avenue node. - On September 1, 2021, the Planning & Zoning Commission voted to approve Phase I of the initiative with a 6:1 vote. - On September 23, 2021, staff recommended to the City Council to remove the Patton Avenue node completely from Phase II of the Urban Centers Initiative. - On September 28, 2021, City Council adopted the Urban Place Form district and rezoned Phase I properties. - On October 6, 2021, the Planning & Zoning Commission voted to approve the rezoning of Phase II properties with a 6:1 vote. Pros: - - - - - Implements zoning regulations recommended in the comprehensive plan, Living Asheville Incentivizes the integration of market rate and affordable housing on large commercial parcels Form-based zoning regulations will create a more urban-style pattern of development. Transitions single-use commercial strips to walkable, mixed-use nodes along higher frequency transit corridors. Improves the efficiency of land that in time will help to improve the city’s tax base.  Cons: - Increases development cost due to added requirements for large projects (formalizing internal streets with sidewalks and, on larger projects, housing, etc). - Zoning changes that encourage redevelopment will increase property values over time that can increase neighboring property values. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Satvika said the key takeaways from this are (1) The Urban Place Form District is a zoning “tool” to help implement a growth strategy in the Living Asheville Comprehensive Plan; (2) With a population of almost 95,000, Asheville continues to grow and we need to better align new development with our transit system and other city infrastructure; (3) This alignment will further increase transit access and reduce carbon emissions; (4) Housing, including affordable housing, is an important element of this proposal; and (5) This is the second phase of the Urban Place Form District initiative (Council approved Phase 1 in September 2021). The Urban Centers goals from the Living Asheville recommends strengthening urban transit corridors and centers to (1) Accommodate a growing population and support job growth; (2) Integrate affordable housing closer to jobs; (3) Improve connectivity with walkability that supports transit; and (4) Support a healthy environment with quality urban design that improves tree canopy and urban open spaces. Benefits of the comprehensive plan growth strategy, which includes urban centers are (1) citywide transit usage increase; and (2) greenhouse gas emissions reduction. There are 11 proposed Urban Centers on the City’s Preferred Growth Scenario map and five Town Centers. The current rezoning focuses on one area that is composed of 128 acres of property around the Asheville Mall. Using maps, he showed the future land use map; current zoning and parcels affected; and existing and proposed zoning. In response to Mayor Manheimer, Mr. Satvika said that the K-Mart on Patton Avenue property has been removed from rezoning discussions to Urban Place Form District as City Council has not given staff further direction on pursuing that rezoning. He did note that there is an application from the owner of that property. Since that application is for a conditional zoning, it will come before City Council for review. Mayor Manheimer opened the public hearing at 7:06 p.m., and when no advanced callers signed up, she closed it at 7:06 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2022-01-11","mt":"regular","id":"IV-B","ref":"ORD 4924","it":"ordinance","t":"Ordinance to conditionally rezone 235 Sardis Road from Commercial Industrial District to Residential Expansion/Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally zone 235 Sardis Road from Commercial Industrial District to Residential  Expansion/Conditional Zone. This public hearing was advertised on December 31, 2021, and January 7, 2022. Project Location and Contacts: - The project site consists of a single parcel totalling 22.1 acres located at 235 Sardis Rd. (PIN 9627-01-8639) - Owner: VVS Investments LLC. Summary of Petition: - This petition is for the purpose of constructing 297 new multi-family residential units in six buildings, along with a clubhouse, 437 surface parking spaces, sidewalk and related site improvements. - Phase 1 includes buildings 1-4 and the clubhouse for a total of 192 units and 263 parking spaces; - Phase 2 includes buildings 5 & 6 for a total of 105 units and 174 parking spaces. - The property is currently zoned Commercial Industrial (CI) and the applicant is seeking a rezoning via conditional zoning to Residential Expansion - Conditional Zone (RES EXP-CZ) due to the number of residential units. - Five of the six buildings are proposed to be four stories with the sixth building identified as three stories. - The maximum height of the four story building is 52 feet and the maximum height of the three story building is 40 feet. - The clubhouse will be one story with a maximum height of 20 feet. - A single 0.80 acre parcel is proposed to be subdivided from the subject property and will have frontage on Sardis Rd. It is proposed that this small parcel will be excluded from the conditional rezoning. - An adjacent parcel, located at 233 Sardis Rd. is included for the purpose of providing additional access to the property and is not included in the conditional zoning. - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated Industrial/Manufacturing, which reserves land with good access to transportation systems to support the economic section for light industry and office or business incubators. - While Industrial/Manufacturing may include opportunities for housing for workers who may live amongst or adjacent to the industry or other businesses in the area, the property is adjacent to a large single-family neighborhood designated “Residential Neighborhood”. - A change to the FLUM is recommended. - The maximum density in the RES EXP district is 20 units/acre - the proposed project is designed at approximately 13.4 units/acre. - The applicant is proposing that 10% of the units (30 units total) be set aside as affordable to those earning at or below 80% AMI for a minimum period of 20 years. - A Land Use Incentive Grant (LUIG) is not being requested for this project. - Access to the property comes from Sardis Road through one of three potential access points. Two of the three access points are new driveways on Sardis Rd. while the third comes through an existing private road (Innovation Dr.) currently used by the Franklin School of Innovation, located to the west of the subject property. - Internal private roads are also proposed connecting the two phases to Sardis Rd. - Roads are proposed to be 25 feet wide with a 29 foot cross section. - A three foot bike lane is proposed within the 25 foot road width, leaving 22 feet of vehicular driving surface. - The Traffic Impact Study recommends some off-site improvements including: 1) adding a left-turn lane along the eastbound approach of Sardis Rd. at its intersection with Innovation Drive, as well as 2) signal timing modifications at the intersection of NC 112 and NC 191. - - - - - - - - - - - The nearest transit route is approximately 1.7 miles to the east on NC191. RES EXP requires 10 foot wide sidewalks throughout the site. This project proposes sidewalks that range in width from 6-10 feet and will be seeking a modification to this requirement for some sections through the conditional zoning. Walking paths are also proposed on the north end of the site along the creek. Hominy Creek borders the property to the north, and several tributaries to Hominy Creek are found on the property. Tributaries are piped and/or bridged for sections, as shown on the site plan(s). The applicant proposes to improve the existing tributaries by revegetating the aquatic buffers with native, riparian plants. Open space shall be required at a rate of 15% of the total parcel (148,500 s.f.) and will include walking trails. The project is classified as “suburban” under the tree canopy preservation (TCP) standards with a classification of “Class C”. The proposed plan will comply with TCP requirements. The project is seeking technical modifications to development standards through the conditional zoning process including: - Sidewalks less than 10’ in width for some sections.  Consistency with the Comprehensive Plan: - This project meets a number of key city goals in the Living Asheville Comprehensive Plan including: - Encourage Responsible Growth - by increasing the city’s housing supply and locating housing in areas close to jobs and schools - Increase and Diversify the Housing Supply - by providing contextually appropriate infill development that includes housing, especially affordable housing - Promote Access to Well-Maintained Parks and Open Space for All - by encouraging the preservation of green spaces and natural waterways, and by providing access to those natural areas Compatibility Analysis: - Portions of Sardis Rd. continue to be dominated by industrial, light industrial/commercial uses; however, the character of the area is changing to include more service businesses, community facilities, and residential neighborhoods. - Despite being zoned Commercial Industrial (CI) the bulk of the subject property lies between the Franklin School of Innovation, a 13.7 acre campus for grades 5-12 to the west, and a large single family residential neighborhood to the east. - Hominy Creek is located to the north of the subject property and will include 30’ aquatic stream buffers. - A portion of the subject property along Sardis Rd. is proposed to be subdivided and remain zoned CI to allow for future commercial development.  Committee(s): - Technical Review Committee (TRC) - August 2, 2021 - approved with conditions. - Planning & Zoning Commission (PZC) - December 1, 2021 - approved unanimously, 7:0. Staff Recommendation: - Staff recommends approval of the project, for the reasons stated above.  Ms. Tuch said that the multi-family apartment buildings, built in two phases: 297 residential units; Clubhouse + walking trails; 12 on-site garage/storage units; Hominy Creek to the north + jurisdictional streams; 3 vehicular access points; 437 surface parking spaces; 6-10’ wide sidewalks; 10% (or 30 units) dedicated to be affordable; and 0.80 acre parcel removed for future Commercial Industrial development. Phase I will consist of Buildings 1-4 + Clubhouse; 192 Units; and 263 parking spaces. Phase II will consist of Buildings 5-6; 105 units; 174 parking spaces; and 12 on-site garage/storage units. Conditions include technical modification (sidewalk width); 297 residential units, 10% affordable (will accept housing vouchers); walking trails, preservation of green space & streams/creeks; internal connections, multi-modal access; 2 year approval period; and compliance with Traffic Impact Analysis recommendations. Councilwoman Roney said that when she mapped this area to our existing transit options and our future Transit Master Plan recommendations for expansion, Enka-Candler and west extensions are meant to be Phase III. We are in Phase II of the master plan, but we haven’t been able to implement Phase II because of staffing limitations. We need more transit and must work with the County and partners for this to happen. In response to Councilwoman Roney, Damie Sesay, attorney for the developer, explained how they are working with the Housing Authority of the City of Asheville and Thrive Asheville to ensure that voucher holders are housed. Mayor Manheimer opened the public hearing at 7:19 p.m., and when no advanced callers signed up, she closed it at 7:19 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2022-01-11","mt":"regular","id":"IV-C","ref":"ORD 4925","it":"ordinance","t":"Ordinance to conditionally zone a portion of 990 Tunnel Road from RM-6 Residential Multi-Family Low Density to Office II District/Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally zone a portion of 990 Tunnel Road from RM-6 Residential Multi-Family Low Density District to Office II District/Conditional Zone. This public hearing was advertised on December 31, 2021, and January 7, 2022. Project Location and Contacts: - - The project site consists of a 0.99 acre portion of a larger 1.39 acre parcel located at 990 Tunnel Rd. (PIN 9668-07-8758) Owner: James Mills & John Laney Jr.  Summary of Petition: - This petition includes a single two-story professional office building to be used as a dental clinic, along with surface parking, sidewalk, landscaping and related site improvements. - The property is currently zoned Residential Multi-family, Low Density (RM-6) and is designated “Residential Neighborhood” on the city’s Future Land Use Map (FLUM). - A conditional rezoning of the project area, as well as a change in the FLUM, is required in order to allow for an office use. - The subject property is proposed to be subdivided with Lot 2 to remain residentially zoned and reserved for future residential development. - The rezoning and commercial development will be limited to Lot 1 which will meet all dimensional requirements for the proposed O2 zoning. - The maximum height of buildings in the O2 district is 40’. The proposed building will not exceed 40’ in height. - The maximum structure size of a single building in the O2 zoning district is 16,000 square feet (for a multi-storied building). The proposed building will not exceed 14,000 square feet. - 49% of the site will include impervious surfaces, falling under the maximum 80% allowed. - 40 surface parking spaces are proposed, meeting the minimum parking requirement of 1 space/350 square feet of office space. - Two handicap accessible spaces are required and provided. - The project area has road frontage on both Tunnel Rd. and Campground Rd. but access will be limited to a single driveway on Tunnel Rd. - The nearest bus stop is located approximately 330 feet to the east of the project entrance on Tunnel Rd. near the intersection of Tunnel Road and Maple Springs Road. - Landscape requirements apply, including street tree, street buffer, parking lot, and property line buffer (Type A) landscaping. - The proposed development is less than one acre and therefore, open space is not required. - An existing stream runs along the eastern property boundary and is protected with a 30’ aquatic stream buffer. - The project is classified as “suburban” under the tree canopy preservation standards with a classification of “Class C” with 0-40% existing canopy coverage. - The Tree Canopy Preservation requirement for this project is 20%. - The project is seeking several modifications including: - Retain the existing 5’ back of curb sidewalk on Tunnel Rd. - Relocate a portion of the required landscape buffer on the east side of the property (adjacent the stream buffer) away from the property line. Consistency with the Comprehensive Plan: - This project meets a number of key city goals in the Living Asheville Comprehensive Plan including: - Promote General Health and Wellness - by accommodating modern small-scale medical facilities … within every neighborhood. - Encourage Responsible Growth - by prioritizing development within designated growth areas. - Facilitate Real Estate Development that Maximizes Public Benefit - by supporting the development/redevelopment of sites that are underutilized.  Compatibility Analysis: - The subject property is located directly on Tunnel Rd. (US Hwy 70) and the proposed building is oriented towards this primary corridor with parking in front of the building, consistent with other highway corridor development. - The subject property is somewhat isolated and is separated from: - A large (18+ acre) school (Bell Elementary) to the east by a 40’ right-of-way for Maple Springs Rd.; - The backyards of residential properties to the south by a highway right-of-way for Tunnel Rd. (US 70) that ranges from 90-175’ wide; - Residential properties to the north by a 40’ wide right-of-way for Campground Rd. and a change in topography where the subject property sits 10-35’ lower than the residences; and, - Residences to the west by reserving a portion of the subject property that will remain residentially zoned that will help buffer the existing residences. - The UDO states that the purpose of the Office II zoning district includes serving as, “ . . . a transition between residential areas and commercial areas”. - In regards to potential land use conflicts, the proposed medical office is more compatible with the residential uses surrounding the project area, while consistent with the non-residential corridor development. - The proposed building is small in scale and consistent with both mid-sized multi-family and businesses on the corridor.  Committee(s): - Technical Review Committee (TRC) - November 15, 2021 - approved with conditions. - Planning & Zoning Commission (PZC) - December 1, 2021 - approved, 6:1. It was recommended by some commissioners that the existing bus stop be improved with a transit shelter but was not made a condition of approval. Staff Recommendation: - Staff recommends approval of the project, for the reasons stated above. Ms. Tuch said that project conditions include language to encourage compatibility with the residential character of the neighborhood; pitched or angled roof; prominent front entrance; exterior materials to be consistent with those found on residential structures in the area; minimum 20% glazing/fenestration on front facade; required articulation; and no or minimal tinting on windows (in discussion, subject to change). Conditions include maximum two-stories; maximum 14,000 s.f.; off-site sidewalk on Maple Springs Rd. (subject to Buncombe County School approval); sidewalk easement - Campground Road; building design standards; technical modifications (1) sidewalk width - Tunnel Road; (2) buffer location; and (3) buffer reduction (to be determined); and 2-year approval period. In response to Councilwoman Roney, Ms. Tuch said that they have received positive feedback from Buncombe County Schools to allow a sidewalk on Maple Springs Road be built; however, there is a condition that if they are unable to receive permission, that the developer will pay a fee-in-lieu of for a sidewalk along Campground Road. Mayor Manheimer opened the public hearing at 7:27 p.m., and when no advanced callers signed up, she closed it at 7:27 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2022-01-11","mt":"regular","id":"VI-A","ref":"","it":"motion","t":"Motion to support the City's participation in the NCDHHS Low Income Household Water Assistance Program (LIHWAP)","desc":"was created in - December 2021 after the State of North Carolina was awarded more than $38 million in federal funds to establish a new water assistance program for households affected by the COVID-19 pandemic. LIHWAP is a temporary emergency program that helps eligible households and families - afford water and wastewater services. The program provides a one-time payment for eligible low-income households directly to - the utility company. LIHWAP runs through September 2023 or until the funds run out. The NCDHHS announced the Low-Income Household Water Assistance Program will - expand to include all low-income households needing assistance in paying their water bill. - Buncombe County will be caring for applications for assistance through our community partner Eblen Charities. - Eblen Charities will qualify applicants and provide approved payments to the City of Asheville Utility Billing Accounts Payable Department. - The City of Asheville Water Resources Department has registered with NCDHHS to enable customers in need of assistance to be eligible to apply through the program.  Committee(s): - None Pro(s): - This program assists customers in need of assistance for uninterrupted water service.  Con(s): - None Fiscal Impact: - None expected although a small increase in water revenue is possible. Patrick Conant supported the City’s participation in this program; however, he asked that the City take a closer look at the City’s policies for water cutoffs. Mr. Melton responded to various questions/comments from Council, some being, but are not limited to: confirmation that this program does include sewer; confirmation that the City will have a water spike monitoring system in the future; explanation of the City’s payment assistance plans and our leak adjustment programs; confirmation that the City works with 14 charitable organizations that they refer people that need help with their water bills to those organizations; confirmation that the City’s goal is to keep water flowing to all our customers; and confirmation that the Water Services Department is an enterprise fund and by statute we must charge for those services, but we do have avenues for help and aid. City Manager Campbell said that we will do additional outreach through our Neighborhood Services Division, along with posting the other types of payment assistance programs that are available, along with other organizations that will help those in need. We will also coordinate with Buncombe County on any opportunities they have related to payment assistance.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2022-01-11","mt":"regular","id":"VI-B-1","ref":"RES 22-6","it":"appointment","t":"Resolution appointing a member (David Bartholomew) to the Affordable Housing Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Committee.  Amber Banks has resigned, thus leaving an unexpired term until September 1, 2022. The following individuals applied for the vacancy: Jessie Figueroa, Kyle Gilliland, Jeffrey Vanderlip, Kathleen Hasegawa, David Bartholomew, Andrew Garrard and Emily Axtman. The Affordable Housing Advisory Committee Board Chair recommended, and the Boards & Commissions Committee concurred, to appoint David Bartholomew.","c":"Housing","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2022-01-11","mt":"regular","id":"VI-B-2","ref":"RES 21-9","it":"appointment","t":"Resolution appointing a member (Michael Luciano, Alternate) to the Board of Adjustment","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Board of Adjustment. The term of Robert Carroll (Alternate member) expires on January 21, 2022. The individuals applied for the vacancy: Michael Luciano and Elliott Smith. Boards & Commissions Committee recommended appointing Michael Luciano as an Alternate member to the Board of Adjustment.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"no material signals","sq":12},{"d":"2022-01-11","mt":"regular","id":"VI-B-3","ref":"RES 22-7","it":"appointment","t":"Resolution appointing a member (John Pierce) to the Civic Center Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. Mitchell Eaton has resigned, thus leaving an unexpired term until June 30, 2024. The following individuals applied for the vacancy: Kim Oliver, Kevin King, Chad Evans, John Pierce and Todd Cash. The Civic Center Commission and staff recommended the appointment of John Pierce; therefore, it was the consensus of the Boards & Commissions Committee to appoint John Pierce.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"no material signals","sq":13},{"d":"2022-01-11","mt":"regular","id":"VI-B-4","ref":"RES 22-8","it":"appointment","t":"Resolution appointing members (reappoint Robin Raines and Guillermo Rodriguez) to the Downtown Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. The terms of Robin Raines, Franzi Charen, Dane Barrager and Guillermo Rodriguez expired on December 31, 2021. The following individuals applied for the vacancy: Tal Frankfurt, Douglas Buchalter, Clair Greear, Ricardo Siejo, Drew Fowler, Nicholas Dugan and Carl Thomas Hughes. The Downtown Commission and the Boards & Commissions Committee recommended reappointing Robin Raines and Guillermo Rodriguez; and appointing Tal Frankfurt and Ricardo Seijo.","c":"Economic Development","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":1,"mr":"policy category","sq":14},{"d":"2022-01-11","mt":"regular","id":"VI-B-5","ref":"RES 22-10","it":"appointment","t":"Resolution appointing a member (Derek Weekley) to the Metropolitan Sewerage District Board of Directors","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District Board of Directors. The term of Chris Pelly expires on January 19, 2022. The following individual applied for the vacancy: Derek Weekley. The Boards & Commissions Committee recommended appointing Derek Weekley.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"no material signals","sq":15},{"d":"2022-01-11","mt":"regular","id":"VI-B-6","ref":"RES 22-11","it":"appointment","t":"Resolution appointing a member (Kathryn Ancaya) to the Riverfront Redevelopment Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Riverfront Redevelopment Commission. The term of Jane Mathews expired on January 1, 2022.  The following individuals applied for the vacancy: Kathryn Ancaya, Douglas Buchalter, Daniel Ratner, Ben Williamson, Christopher Fundanish, Nicholas Dugan, Brian Loftus, Christina Booher, Aaron Ryba, Brian Cook and Ricardo Seigo. The Boards & Commissions Committee recommended appointing Kathryn Ancaya..","c":"Zoning & Land Use","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2022-01-11","mt":"regular","id":"VI-B-7","ref":"RES 22-12","it":"appointment","t":"Resolution appointing members (reappoint Anna Priest and Chris Pelrine; appoint Michael Totten) to the Sustainability Advisory Committee on Energy & the Environment","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainable Advisory Committee on Energy & the Environment (SACEE). The terms of Anna Priest, Keith McDade and Chris Pelrine, as members of SACEE, expired on December 31, 2021. The following individuals applied for the vacancy: Kathryn Ancaya, Kelsey Wood, Jerad Crave, Michael Totten and Cara Fiano. The SACEE Board Chair recommended and the Boards & Commissions Committee moved on a 2-1 vote in reappointing Anna Priest and Chris Pelrine and appointing Michael Totten.","c":"Environment & Sustainability","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"no material signals","sq":17},{"d":"2022-01-11","mt":"regular","id":"VI-B-8","ref":"RES 22-13","it":"appointment","t":"Resolution appointing members (reappoint Amy Smith) to the Urban Forestry Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Stephen Hendricks and Amy Smith as members of the Urban Forestry Commission, expired on December 31, 2021. The following individuals applied for the vacancy: Deborah Margaritov, Zoe Hoyle, Karen MacNeil and Nick Biemiller. At the recommendation of the Urban Forestry Commission, the Boards & Commissions Committee recommended reappointing Amy Smith and appointing Zoe Hoyle.","c":"Environment & Sustainability","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1UYKJSXso6KZP78npvDkiUN6O1C1lwpUw/view?usp=sharing","mat":0,"mr":"no material signals","sq":18},{"d":"2022-01-25","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on January 11, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-01-25","mt":"regular","id":"II-B","ref":"RES 22-14","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Motorola Solutions Inc. to extend the MACH Alert station alerting system","desc":"Background: - The Broadway Public Safety Station–a combined use facility comprising Fire Station 13, a police substation, an emergency operations center (EOC) and a community meeting room–is currently under construction. - The facility requires a station alerting system to provide visual and audible notification to fire and rescue personnel of incoming emergency response events. - Motorola’s Mach Alert System is the current station alerting system employed by the Asheville Fire Department. - Mach Alert has been approved as a sole source procurement via Resolution 21-37. - This contract will have a duration of 371 calendar days, completing by January 31, 2023  Vendor Outreach Efforts: - Not Applicable - Sole source procurement  Committee(s): - None Pro(s): - Maintains the standardization of a critical fire department system - This standardization results in cost savings in operations and maintenance Con(s): - Sole source procurement may reduce competitive pricing. Fiscal Impact: - Funding for this contract is already included in the adopted Capital Improvement Program (CIP) project budget.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-01-25","mt":"regular","id":"II-C","ref":"RES 22-15","it":"resolution","t":"Resolution approving the use of owner's preferred alternates for Lochinvar boiler systems for the Shiloh and Montford Community Centers","desc":"Background: - The Shiloh Community Center and the Montford Community Center HVAC modernization projects are in design and will soon be ready to bid. - The projects will require specific equipment or systems to be procured with bid specifications that will identify brand names known as preferred alternates. - These methods are in the best interest of the City for the reasons identified below: Owner’s Preferred Alternates: - NCGS 133-3, authorizes the listing of one or more preferred brand alternates in bid specifications to list a preferred brand alternate. - Specifications containing a preferred brand alternate must identify the performance standards that support the preference and must be approved in advance by the owner in an open meeting. - Any alternate approved by the owner shall be approved only where: - Preferred alternate will provide cost savings, maintain or improve the functioning of any process or system affected by the preferred item or items, or both, and - Justification identifying these criteria is made available in writing to the public. - The items listed below will be specified in the construction bid: - Lochinvar Boiler Systems-Shiloh Community Center and Montford Center - Currently installed at several City owned facilities. - Required to continue developing Building Construction Division’s operational and equipment standard objectives. - Boiler standardization results in reduced in-house labor costs and equipment downtime in the event of failure, while also lowering required part stock and allowing more accurately focused training of the maintenance staff. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Facility Maintenance Division functions and efficiency are enhanced and simplified when mechanical equipment is standardized across the City’s building portfolio. - As a bid alternate, City staff will be able to choose whether or not to accept. Con(s): - None Fiscal Impact: - No fiscal impact for this specific action. - Funding has already been approved for these capital projects.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-01-25","mt":"regular","id":"II-D","ref":"RES 22-16","it":"resolution","t":"Resolution authorizing the City Manager to execute an agreement with NCDOT for reimbursement to the city for curb and gutter work","desc":"Background: - The City’s Capital Projects Department is preparing to construct sidewalks along Patton Ave. between Druid Drive and Louisiana Avenue. - During the design process, a minimum quantity of concrete curb and gutter was identified as needed for the City’s sidewalk project. - As part of their plan review, NCDOT identified additional concrete curb and gutter they felt was needed within the project limits, and asked the City to install it as part of our project without compensation. - The City’s budget did not support this additional work. - Subsequently, NCDOT asked the City to install concrete curb and gutter as part of the City’s construction activities, and offered to reimburse the City for the curb and gutter installation. - This agreement is a result of that compensation offer. - NCDOT offered to compensate up to $90,000, and it’s expected that the City will ask for the entire amount. Vendor Outreach Efforts: - NA - Intergovernmental Agreement  Committee(s): - None Pro(s): - Will assist in stormwater transport, improving road conditions for traffic along a heavily-traveled roadway Con(s): - Additional construction time needed for curb and gutter installation will impact traffic and nearby properties Fiscal Impact: - There will be a negligible financial impact due to NCDOT reimbursing for the work and City staff needing to process construction records and inspect the work. - Construction timetables and project management will be impacted with the additional work, but this is considered negligible. - The budget for this project is already included in the adopted Capital Improvement Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-01-25","mt":"regular","id":"II-E","ref":"RES 22-17","it":"resolution","t":"Resolution authorizing the City Manager to apply to NCDOT for Section 5303 Metropolitan Planning Program annual funding","desc":"Background: - FTA Section 5303 Metropolitan Planning Program provides funding for transit planning activities, including personnel. - The City has historically applied for and received Section 5303 funding to supplement a portion of existing Transit Planning Division staff wages. - The City has historically received $60,000 (80%) from FTA, and the City and NCDOT have provided $7,500 each in matching funds (20%). - However, on January 4, 2022, the French Broad River Metropolitan Planning Organization notified the City of Asheville that the annual 5303 funding allocation to the Asheville Urbanized Area has increased and next fiscal year the City will receive additional funding. - The total Federal (80%) share from FTA for the 5303 allocations in FY 2022-23 to the City will increase from $60,000 to $223,082. - Accordingly, the State and Local (20%) share for each entity will also increase from $7,500 to $27,885 each. - The application deadline is January 28, 2022. - If for some reason the Council does not authorize the application on January 25, 2022, staff will withdraw it. - Upon approval, NCDOT will approve a two-year grant agreement with the City for FY 2022-23 and FY 2023-24. - If awarded, staff will budget the funding in upcoming Transit Operating Budgets.  Committee(s): - None Pro(s): - Supplements funding for multiple transit planning positions. - Enables the City of Asheville to leverage $223,082 in Federal funds and $27,885 in State funds to support the City’s transit planning activities. Con(s): - The City is responsible for half of the 20% local match, which is $27,885. Fiscal Impact: - The required local match in the amount of $27,885 will be included in upcoming Transit Operating Budgets.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-01-25","mt":"regular","id":"II-F","ref":"RES 21-18","it":"resolution","t":"Resolution authorizing the City Manager to enter into a lease agreement with DeWine Seeds-Silver Dollar Baseball LLC for city-owned property at 30 Buchanan Place","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as McCormick Field, since 1984 and leases the property for operation as a minor league baseball stadium. - The presence of a minor league baseball team is a positive contributor to quality of life for people and businesses within the City of Asheville. - The economic Impact of the team is very positive for local business and is expected to exceed $10 million annually. - The Tourists team also annually utilizes hundreds of local citizens as temporary seasonal workers. - Having the team downtown contributes to the continuing revitalization of the South Slope, providing numerous l walkable options for pre and post game food & beverage and retail customers for downtown businesses. - The most recent lease expired on December 31, 2021. - In lieu of lease payments, the DeWine organization will continue to provide substantial in-kind services to include the staffing of the stadium, the care and maintenance of the field and the day to day operations of McCormick Field. - The premises to be leased include the field, stadium, and front parking lot along Buchanan and McCormick, access will also be permitted for use of the storage area located near Mountainside Park. - The enclosed map shows the areas that are covered by the lease. - It should be noted that the lessee is prohibited from using the parking lot located off of Hunt Hill Place at Mountainside Park for operations and/or parking on game days. The one exception is that the area may be used to stage fireworks. - Major League Baseball has implemented a significant reorganization recently, the Asheville Tourists are now affiliated with the Houston Astros professional baseball team. - The proposed lease will cover up to a two year period. - A shorter term lease is proposed in order to align with new expected standards from Major League Baseball Professional Development League which take affect, April 2024. - Significant capital improvements will be required to meet new standards, staff will need this time to negotiate a long term (15 - 20 year) solution to capital maintenance at McCormick Field. Additionally this time will allow for creation of a more transparent game day operations plan relative to the impact on the surrounding neighborhoods.  Committee(s): - None Pro(s): - DeWine Seeds-Silver Dollar Baseball, LLC is committed to keeping minor league baseball in Asheville. - The presence of the Tourists team has a positive economic impact on the local economy  Con(s): - The City is not receiving fair market rent for the facility. - This lease should be renegotiated for a longer term when a long term plan for the facility & team is in place, prior to opening day, April 2024. Fiscal Impact: - DeWine Seeds-Silver Dollar LLC will pay the City $1 in annual lease payments, but as noted above, they will provide in-kind services to include staffing of the stadium and maintenance of the field and the day to day operations.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-01-25","mt":"regular","id":"II-G","ref":"RES 22-19","it":"resolution","t":"Resolution authorizing the City Manager to continue the vehicle rental contract with TLG Leasing Inc. until the sanitation fleet is stabilized","desc":"Background: - The Sanitation Division requires a reliable fleet to provide essential trash collection services to City residents. - The COVID-19 pandemic has made it difficult to acquire parts to repair Sanitation vehicles and has extended the time to build and purchase new sanitation trucks to greater than 1 year. - The Sanitation Division entered into a contract with TLG Leasing, Inc. in December 2020 to rent a trash collection truck due to truck shortage issues. - The Sanitation Division needs to continue utilizing the rental truck until the Sanitation fleet is stabilized through repair of current trucks or receipt of newly purchased vehicles. - Three (3) new trash collection trucks were ordered in September 2021, with an estimated arrival date of December 2022. Vendor Outreach Efforts: - Automated side-loading trash collection vehicles are highly specialized pieces of equipment and availability is extremely limited. - The current rental truck was sourced from a vendor that could provide the type of truck needed.  Committee(s): - None Pro(s): - Continuing this contract allows the Sanitation Division to continue to provide the core service of waste collection to the Asheville community. Con(s): - Spending this funding on a rental truck rather than investing in the capital purchase of a new truck is not ideal, but is the needed action to have a reliable fleet of Sanitation trucks to deliver core trash collection services. Fiscal Impact: - The cost to continue the automated side-loading vehicle rental is $8,999.03 per month. The rental truck will be used until the Sanitation Fleet is stabilized, either through repair of current vehicles or receipt of new vehicles with an estimated time of arrival of December 2022. - Funding for the rental will be paid from the current Sanitation Division budget for Fiscal Year 2021-22.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-01-25","mt":"regular","id":"II-H","ref":"RES 22-20","it":"resolution","t":"Resolution amending the 2022 City Council meeting schedule to add a virtual American Rescue Plan Act worksession on February 1, 2022","desc":"Patrick Conant requested that Cit Council allow the ARPA worksessions to receive public comment especially due to the large number of proposals and large amount of money available to be distributed.","c":"Community Programs","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-01-25","mt":"regular","id":"II-I","ref":"RES 22-21","it":"appointment","t":"Resolution reappointing Chris Pelley to the Metropolitan Sewerage District Board of Directors","desc":"On January 11, 2022, City Council appointed Derek Weekley to serve; however, Mr. Weekley was unable to accept the appointment.","c":"Boards & Appointments","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-01-25","mt":"regular","id":"IV-A","ref":"ORD 4926 / ORD 4927","it":"ordinance","t":"Ordinances amending Chapter 7 (Design Review Committee membership) and Chapter 2 Article III (Riverfront Redevelopment Commission roles) of the Code of Ordinances","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2022-01-25","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Motion to continue public hearing on conditional zoning of 343 and 357 W. Haywood Street until February 22, 2022","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2022-01-25","mt":"regular","id":"IV-C","ref":"ORD 4929","it":"ordinance","t":"Ordinance to amend the conditional zoning of property located at 324 Biltmore Avenue","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to amend the conditional zoning of property (Ordinance No. 4733) located at 324 Biltmore Avenue. This public hearing was advertised on January 14 and 21, 2022. Mayor Manheimer opened the public hearing at 6:02 p.m., and when no advanced callers signed up, she closed it at 6:02 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Mosley","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1XhkwpWd7t8CNQ4CALuSlQ4c3Do5EbmL5/view?usp=sharing","mat":1,"mr":"contested vote","sq":11},{"d":"2022-02-08","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on January 25, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-02-08","mt":"regular","id":"II-B","ref":"RES 22-22","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Encore Technology Group for design and installation of AV systems for the Emergency Operations Center","desc":"Background: - The Broadway Public Safety Station, currently under construction, includes a new Emergency Operations Center (EOC). - Requirements for the EOC include an integrated technology system of video displays, speaker systems, microphones, video conferencing equipment and the associated controls to manage the technology. - A Request for Proposal for system design and installation was issued on November 30, 2021. - Proposals were due January 5, 2022. Two proposals were received from: - Encore Technology Group – Easley, SC - Constant Technologies, Inc. – N. Kingstown, RI - The proposal submitted by Constant Technologies did not include the required documents as specified in the RFP, including the Asheville Business Inclusion Affidavit, and therefore was deemed non-responsive. - The Scoring Committee reviewed the proposal by Encore and conducted a follow-up interview. - The Committee included representatives from the IT Department, Asheville Fire Department and Capital Projects. - The Committee concluded that Encore is qualified and capable of performing the work. - This work will be coordinated with the overall Broadway Public Safety Station project. - Contract duration will be 12 months, through the end of building construction.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the City of Asheville list of certified MWBE businesses, the NC Historically Underutilized Business database and the NCDOT MWBE database for potential contractors. - Only one company from an identified disparity group was found in the ten county area and staff directly contacted that company. - The company did not submit a proposal. - No MWBE firms submitted bids with this prime contractor and all work will be self performed by the prime contractor.  Committee(s): - None  Pro(s): - The audio visual systems are necessary and critical to the function of the EOC, as they enable emergency personnel to stay informed, communicate and respond in real time. - For technology procurements the design and install method is cost effective and efficient.  Con(s): - None  Fiscal Impact: - Funding for this contract is already included in the previously approved capital project budget.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-02-08","mt":"regular","id":"II-C","ref":"RES 22-23","it":"resolution","t":"Resolution authorizing the City Manager to renew an agreement with Azteca Systems LLC for enterprise asset management system software license, maintenance, and support","desc":"Background: - Cityworks asset management software provides a platform for Water Resources and Public Works asset management, work orders, and reporting. - This software is utilized to track the use and costs of assets through preventative maintenance of assets. - It is used to track the costs of work performed by field personnel and allow for tracking of performance and reaction times in calls coming into customer service. - It also allows for a paperless workflow within departments and across departments using the system. - This is an annual software renewal to allow for continued use of Cityworks software. - It is highly integrated with the City’s GIS program and includes all major physical assets maintained by Water Resources and Public Works (water mains, valves, hydrants, streets, fleet vehicles, etc.). - One component added in 2021, the Citizen Engagement Application Programming Interface (API), allows for integration between Cityworks and the Asheville App. - This streamlines data entry, public notifications, and automates the creation of work orders and reports.  Vendor Outreach Efforts: - The City of Asheville conducted a competitive procurement process for an asset management software system for both Public Works and Water in 2016 and 2017. - There are a limited number of vendors providing enterprise asset management software, and after reviewing all available options, Azteca Cityworks was selected as the best overall value for the City of Asheville.  Committee(s): - None.  Pro(s): - More efficient management of Water Resources and Public Works physical assets and infrastructure. - Automation of work orders and reporting.  Con(s): - If continued funding for the future is not appropriated, it will have a significant negative impact on the ability of the Water Resources and Public Works departments to proactively manage and maintain critical infrastructure.  Fiscal Impact: - Funding for the total cost of this renewal, $72,450, is allocated in the Water Resources and Public Works departmental operating budgets.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-02-08","mt":"regular","id":"II-D","ref":"RES 22-24","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Responder Support Services LLC to continue behavioral health services for fire and police employees","desc":"Background: - Responder Support Services currently provides embedded behavioral health support to Fire and Police Departments four days per week for each department. - Embedded behavioral health support provides onsite individual behavioral health services by trained professionals to public safety employees as well as appropriate services following critical incidents. - The need by Fire and Police for behavioral health support has steadily increased over the past year. - Increased behavioral health support to Public Safety employees is critical to maintain the health and wellbeing of these employees in order to provide service to the community. - We are requesting an increase to the current contract by $120,000 for a total amount of $296,000 to provide ongoing embedded behavioral health support to Fire and Police Departments 4 days per week for each department.  Vendor Outreach Efforts: - Current vendor for embedded behavioral health support is Responder Support Services,","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-02-08","mt":"regular","id":"II-E","ref":"","it":"motion","t":"Motion amending the Fiscal Year 2022-23 Budget Calendar","desc":"Background: - On December 14, 2021, Council adopted the FY23 Budget Calendar. - Since that time, the City Council retreat has been scheduled for March 17 and 18, 2022. - Staff is proposing the following changes to the previously adopted schedule in order to allow for additional time to incorporate Council’s input from the retreat prior to presentation of the City Manager’s Proposed Budget: - Canceling a previously planned Council Budget Work Session on March 8, and scheduling an additional Work Session on April 26. - Presenting the City Manager’s Proposed Budget to City Council on May 24. - Holding a Public Hearing on the Proposed Budget on June 14. - Adopting the FY23 budget on June 28.  Committee(s): - None  Pro(s): - Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY23 budget. - Meets timing requirements under the NC Local Government Budget and Fiscal Control Act for presentation of the proposed budget and adoption of the annual budget.  Con(s): - None.  Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-02-08","mt":"regular","id":"II-F","ref":"RES 22-25","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with Mail Management Services LLC to increase the contract for postage and mail services","desc":"Background: - The City provides municipal services to more than 60,000 accounts, which primarily encompasses the following: water meters, business licenses, permits and general correspondence to residents and visitors. - The customer base is divided into multiple billing cycles and by general correspondence each month. - The City and Mail Management Services, LLC have been under contract since 2017 for postage and mail services. - Mail Management Services, LLC was selected through a Request for Proposals in 2017. - In the 2017-18 adopted budget, a total of $317,000 was appropriated across department accounts to provide city-wide postage and mail services. - At that time the allocation for Water Resources was $225,000. - The initial contract term was for one-year with the option upon approval by the City for up to four one-year renewals. - The contract contains a fixed cost for Mail Management Services, LLC. There is also a variable USPS postage cost. - At the time of the initial contract, the USPS postage cost per piece was $0.41. - The current USPS fee is $0.58. - In an effort to ensure that funds will be available for total services in Fiscal Year 2022, additional funds are requested for this contract in the amount of $50,000.  Vendor Outreach Efforts: - No additional outreach was conducted as this is an amendment for a current contract.  Committee(s): - None  Pro(s): - Allows performance of mandatory activity (mail services) necessary for the operation of municipal services including billing. - Facilitates key communication mechanism (written correspondence) to and from citizens, businesses, visitors and stakeholders. - Provides long-term cost containment while maintaining verifiable high level of service delivery.  Con(s): - None  Fiscal Impact: - $50,000, to be funded through the existing Water Resources Fund budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-02-08","mt":"regular","id":"II-G","ref":"RES 22-26","it":"resolution","t":"Resolution celebrating February 2022 as Black Legacy Month","desc":"Vice-Mayor Smith read the resolution celebrating February 2022 as Black Legacy Month. February 2022 is to be celebrated as Black Legacy Month, a time to celebrate the rich and diverse cultures of Black and African American people, to raise awareness about our shared history, to recognize the truth must come before reconciliation, and to acknowledge the important contributions that Black and African American people have made to our community and our nation. … Jonathan Wainscott hoped that during Black Legacy Month the City will recognize the lives of several other prominent African American Ashevillians. … Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-02-08","mt":"regular","id":"VI-A","ref":"ORD 4929","it":"ordinance","t":"First reading of ordinance granting a franchise agreement with Blue Ridge Rickshaw to operate a pedal bicycle taxi service within the City of Asheville","desc":"Assistant Director of Transportation Jessica Morriss said that this is the first reading of an ordinance granting a franchise agreement to Blue Ridge Rickshaw to operate a pedal bicycle taxi service within the City of Asheville. - Blue Ridge Rickshaw is requesting to operate a pedal bicycle taxi service within the City of Asheville. - The pedal bicycle taxi service is classified as a slow moving vehicle operation and as a result, it could have a minor impact on vehicular traffic flow. - The pedal bicycle taxi service is prohibited from operating on public streets where the posted speed limit is greater than thirty-five (35) miles per hour. - The hours of operation would be seven days per week between the hours of 7:00 am until 3:00 am. - The pedal bicycle taxi service may use up to a total of five vehicles; however, only one vehicle will be used initially. - Franchise agreements require two readings at City Council meetings with the first one scheduled for February 8, 2022 and the second one scheduled for February 22, 2022.  Committee(s): - Multi-Modal Transportation Commission - January 26, 2022 - Approved unanimously with a change in the speed limit requirement. - Public Safety Committee - January 25, 2022 - Approved unanimously  Fiscal Impact: - Franchise agreement fees are $365 per year  Councilwoman Roney thanked the Multimodal Transportation Commission for their recommendation to change the speed limit requirement.","c":"Transportation","mo":"individual","mv":"Roney","sec":"Smith","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":1,"mr":"contested vote","sq":7},{"d":"2022-02-08","mt":"regular","id":"VI-B","ref":"RES 22-27","it":"appointment","t":"Resolution appointing members (Amanda Benson-Bremseth and Michael Brown) to the Human Relations Commission","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"no material signals","sq":8},{"d":"2022-02-08","mt":"regular","id":"VI-C","ref":"RES 22-28","it":"appointment","t":"Resolution appointing members (Leanna Joyner and Bill Loftis) to the Multimodal Transportation Commission","desc":"","c":"Transportation","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":1,"mr":"policy category","sq":9},{"d":"2022-02-08","mt":"regular","id":"VI-D","ref":"RES 22-29","it":"appointment","t":"Resolution appointing a member (Lucious Wilson) to the Neighborhood Advisory Committee","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Ydelc9KVKLUkPVN3r19BUROG4eVlnGr-/view?usp=sharing","mat":0,"mr":"no material signals","sq":10},{"d":"2022-02-22","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on February 8, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-02-22","mt":"regular","id":"II-B","ref":"RES 22-30","it":"resolution","t":"Resolution authorizing the City Manager to sign a lease with Buncombe County for continued operation of Oakley Library at 749 Fairview Road","desc":"Background: - - - - - - - - - - - - - The City of Asheville owns a 0.88 acre parcel at 749 Fairview Road and several uses are contained within the site (PIN 9657-58-2870-00000). At this property, Buncombe County has operated the existing Oakley Library for many years based on a verbal agreement. Buncombe County has operated the Oakley Library at this location since 1964. The arrangement was authorized by a verbal agreement between the government entities in the early 1960’s. The land and the building are owned by the City of Asheville and house a community center on the lower level, Fire Station #9, public restrooms and a lobby in addition to the Library. There is a shared gravel parking lot on the ground level. The City’s Real Estate Division approached Buncombe County’s Director of Libraries in late 2020 asking that the tenant/landlord relationship be formalized with a lease. The terms of a lease include a five year term, joint use of the parking lot, use of shared restrooms and a yearly rent of $1.00. The County must operate the premises as a public lending library and maintain the interior of the premises, including plumbing, electrical and interior finishes. The City will continue to maintain the systems that service the entire complex, such as the roof, HVAC, exterior maintenance, etc. Utilities are metered separately and the City maintains the grounds. Library interior areas are maintained by the County. Any construction of improvements by the tenant must be approved by the City.  Committee(s): - None Pro(s): - Strengthens the City’s partnership with Buncombe County. - Preserves a beloved library in the Oakley Community. - Buncombe County will continue to maintain a portion of the building complex. Con(s): - City is not charging fair market rent because of the value this library brings to the community. Fiscal Impact: - City will be receiving one dollar per year from the leasing of this property.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-02-22","mt":"regular","id":"II-C","ref":"ORD 4930","it":"ordinance","t":"Budget amendment in the Water Resources Operating Fund to account for the refunding of the 2018 Water Revenue Bond Anticipation Note","desc":"Background: - In October, 2018, Council authorized the issuance of a Water Revenue Bond Anticipation Note (BAN) in an amount not to exceed $40 million to finance the City’s North Fork Dam improvement project. - In August, 2021, Council approved resolutions authorizing City staff to proceed with the issuance of long-term fixed rate Water Revenue Refunding Bonds to pay off the existing amount utilized on the BAN. - The Water Revenue Refunding Bonds were subsequently issued on September 30, 2021. - The Water Revenue Refunding Bonds had a very low total cost of issuance of around 2.1%, and were issued as Green Bonds under the category of sustainable water management which broadened the City’s investor base and promoted its environmentally-friendly values. - The funds generated from the issuance of the Refunding Bonds, which totaled $40.4 million, were used to pay off the existing bond anticipation note cost of debt issuance and so do not represent additional money available for City use. - The Fiscal Year (FY) 2021-22 budget did not include appropriations reflecting the funds generated from the issuance of the Refunding Bonds. - This technical amendment incorporates these appropriations into the budget in order to ensure that the Water Resources Operating Fund does not exceed the approved annual budget in the City’s annual financial reporting.  Committee(s): - None Pro(s): - Amends the FY 2021-22 Water Resources Operating Fund budget in order to ensure statutory budgetary compliance. Con(s): - None Fiscal Impact: - There is no net fiscal impact from this technical budget amendment. - It will amend the FY 2021-22 budget in the Water Resources Operating Fund to reflect the receipt of refunding proceeds from the bank and the subsequent payment to bondholders to pay off the prior debt issuances.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-02-22","mt":"regular","id":"II-D","ref":"ORD 4931 / ORD 4932 / RES 22-31","it":"ordinance","t":"Ordinances and resolution incorporating the City's Standard Specifications & Details Manual into the Code and UDO","desc":"","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-02-22","mt":"regular","id":"II-E","ref":"ORD 4933","it":"ordinance","t":"Budget amendment from Brad Stanback donation for bear-resistant trash carts","desc":"Background: - In December 2021, Sanitation Division staff was approached by Mr. Brad Stanback, District 9 Commissioner of the NC Wildlife Resources Commission, with the offer of a donation of $30,000 to support the purchase of additional bear-resistant trash carts. - The purchase of additional carts would allow more residents to rent the carts and shorten the waiting list for a cart. - This budget amendment allows the Sanitation Division to accept the donation from Mr. Stanback and appropriate the funding toward additional bear-resistant carts. - The bear cart vendor has provided a one-time discounted price quote of $250/cart for this donation budget, so the City will be able to purchase 112 carts. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Allows for the purchase of additional bear-resistant trash carts. - Shortens the waiting list of residents wishing to rent a bear-resistant trash cart. Con(s): - None Fiscal Impact: - $30,000 in additional revenue and expense authorization in the Sanitation Division of the General Fund.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-02-22","mt":"regular","id":"II-F","ref":"RES 22-32","it":"resolution","t":"Resolution amending the 2022 City Council meeting schedule to add an in-person worksession on open space standards on March 8, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-02-22","mt":"regular","id":"II-G","ref":"RES 22-33","it":"resolution","t":"Resolution authorizing the City Manager to execute a new services contract with FusionSite Asheville LLC (Griffin Waste Services) for rental and maintenance of portable toilets","desc":"Background: - Due to the COVID-19 pandemic and resulting closure of public and private buildings in March 2020, portable restrooms and handwashing stations were deployed for public use as an emergency response as per direction from the City-County Emergency Operations Center and City Manager's Office. - Griffin Waste Services in Asheville was an existing provider of services to City facilities prior to the pandemic and the only contractor identified in the region with the capacity to fulfill the services required. - As authorized by the City Manager, a contract was established with Griffin Waste Services in June 2020 for an amount not to exceed $89,000 for rental, routine cleaning, and daily maintenance of the units. - On September 8, 2020, City Council adopted resolution 20-157 authorizing the City Manager to execute an amended services contract with Griffin Waste Services increasing the total by $65,000, from $89,000 to $154,000, allowing the vendor to perform the work through December 2020. - An amended contract with Griffin Waste Services to increase the total by $45,000, from $154,000 to $199,000, allowed the vendor to perform the work through May 2021. - In May 2021, the City executed a bid seeking proposals to continue services through December 2021 and Griffin Waste Services was the only bidder. - On June 8, 2021, City Council adopted Resolution No. 21-104 authorizing the City Manager to execute a new services contract with Griffin Waste Services through December, 2021 at an amount not to exceed $90,000. - - - - - In November 2021, the City executed a bid seeking proposals to continue providing services from January 2022 through December 2022 and no bids were received. Using remaining funds previously authorized (not to exceed $90k), the contract with Griffin Waste Services was amended to continue through February 28, 2022. In January 2022, the City executed a re-bid and received one response from Griffin Waste Services. Services are currently provided at the following (3) locations: - NW Corner of College Street & Rankin Avenue - ABCCM Medical, 155 Livingston Street - ABCCM Sonrise, 1543 Patton Avenue Staff recommends moving forward with the proposal from Griffin Waste Services, establishing a new services contract from March 1, 2022, through December 31, 2022.  Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System, searched the HUB office for MWBEs in the relevant market area, and worked with the ABI Office to search for providers. - There is a small geographic area where it is reasonable for this work to be performed and the bid process only returned one response from Griffin Waste Services. - In the future when services are needed, staff will conduct the same process again to ensure that new MWBE businesses that have been established are provided the opportunity.  Committee(s): - None Pro(s): - Supports public health needs during a Pandemic at (currently) three locations: - Downtown, NW Corner of College Street & Rankin Avenue - ABCCM Medical, 155 Livingston Street - ABCCM Sonrise, 1543 Patton Avenue Con(s): - Some business owners have been unhappy with the location of the downtown facility. Fiscal Impact: - All previous contracts have utilized CARES Act or ARPA funding. - In order to preserve available ARPA funding for other projects, staff is recommending using funding from the Affordable Housing Capital Improvement Program (CIP) for this contract extension. - The Affordable Housing CIP project currently has an available budget of approximately $1.7M and is funded with pay-go cash from the General Fund, so the balance can be utilized for non-capital expenses such as this contract. - After funding this contract and the Step Up agreement that is also on Council’s agenda, approximately $636,000 will remain available in the Affordable Housing CIP project.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-02-22","mt":"regular","id":"II-H","ref":"ORD 4934","it":"ordinance","t":"Budget amendment in the City's Special Revenue Fund of $1 million to fully fund the agreement with Step Up on Second Street Inc.","desc":"Background: - At the December 14, 2021, meeting, City Council approved a resolution authorizing the City Manager to enter into an agreement with Step Up on Second Street, Inc. in the amount of $1.5M for the provision of three years of supportive services for future residents of permanent supportive housing at 148-150 River Ford Parkway. - Staff had proposed that American Rescue Plan (ARPA) funding be used to fully fund the three-year agreement with Step Up on Second Street, Inc. - City Council, however, asked that only $500,000 in ARPA funding be utilized toward the agreement, and that staff identify another funding source for the additional $1.0M needed for the agreement. - After reviewing funding options, staff is recommending that Council utilize $1.0M available in the Affordable Housing Capital Improvement Program (CIP) budget to fully fund the agreement. - A budget amendment is required to move the $1.0M in funding from the General Capital Projects Fund to the Special Revenue Fund where the $500,000 in ARPA funds is budgeted.  Committee(s): - None Pro(s): - Ensures full funding for the three years of the agreement with Step Up on Second Street, Inc.; - Consolidates the budget for the agreement in the City’s Special Revenue Fund in order to ensure statutory budgetary compliance. Con(s): - Reduces funding available for other affordable housing needs. Fiscal Impact: - There is no net fiscal impact from this budget amendment since the previously approved budget is simply being moved from one fund to another in order to ensure compliance with state statutes. - The Affordable Housing Capital Improvement Program (CIP) project currently has an available budget of approximately $1.7M. - This CIP project is funded with pay-go cash from the General Fund, so the balance can be utilized for non-capital expenses such as the agreement with Step Up on Second Street, Inc. - After funding this agreement, approximately $700,000 will remain available in the CIP project. Nina Tovish suggested when the City Council determines to hire outside consultants that part of their due diligence is to contact community organizations to gather input before making their recommendations. In response to Councilwoman Roney about use of other funds, Director of Community & Economic Development Nikki Reid said that bond funds are not available for this use. Councilwoman Mosley noted that she voted against the contract for this for-profit entity and will not support this budget amendment.","c":"Housing","mo":"individual","mv":"Turner","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":1,"mr":"contested vote","sq":7},{"d":"2022-02-22","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Conditional zoning request for property at 363 Hilliard Avenue from CBD to CBD Expansion-Conditional Zone","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"failed","ta":"2-5","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":1,"mr":"contested vote","sq":8},{"d":"2022-02-22","mt":"regular","id":"IV-C-1","ref":"RES 22-34","it":"resolution","t":"Resolution to grant $1.3 million and a $904,000 Housing Trust Fund loan to Haywood Street Community Development to construct 45 affordable rental homes at 343 & 357 West Haywood Street","desc":"Community & Economic Development Director Nikki Reid said that this is the consideration of a request by Haywood Street Community Development for $1.3M in funding to purchase land and a $904,000 Housing Trust Fund loan to construct 45 permanently affordable rental homes on property located at 343 & 357 West Haywood Street in the City of Asheville. Review: - Haywood Street Community Development has proposed the development of approximately 45 affordable apartments with the 5550 sq. ft. in community space on a 0.857 acre on a parcel located at 343 & 357 West Haywood Street. - Haywood Street Congregation is an urban ministry with its main headquarters located at 297 Haywood Street. - Core programs include weekly worship, a clothing closet, community garden, a free community lunch known as the Downtown Welcome Table, and Haywood Street Respite, which offers a safe place for adults experiencing homelessness to stay on a short term basis after being discharged from a hospital. - Haywood St. has formed a 501(c)3 non-profit, known as Haywood Street Community Development (HSCD), with the intention to provide permanent affordable housing to the most vulnerable members of the Asheville community. - HSCD is partnering with Ward Griffin of Grace Construction, a local development firm with over 80 years of development experience, and Austin Tyler with Dewey Property Advisors, to purchase, develop and construct the project. - While HSCD has been serving the homeless community for quite some time, this will be their first effort towards developing a permanent residential apartment project. - HSCD intends to construct its first development consisting of a single building with approximately 45-units, to be leased with permanent affordability deed restrictions as follows: - 23 units at 30% AMI for voucher holders, - 9 units at 60% AMI, and - 13 units affordable to households at 80% AMI. - City Council previously authorized a grant in the amount of $296,000 for due diligence and associated pursuit costs to HSCD for this project. Proposal: - HSCD’s total proposed project budget is $10,181,496, including due diligence and soft costs, with $7,356,102 estimated for construction. - HSCD seeks a grant of $1.3M for the purchase of 0.857 acres of land at 343 & 357 West Haywood Street in the WECAN neighborhood. - The land will be secured by a deed restriction for permanent affordable housing at the site. Should a project not come to fruition, HSCD must sell the site and repay the City the grant amount. - HSCD seeks a loan of $904,000 from the City’s Housing Trust Fund (HTF) under the following terms: - No interest and deferred payments for the first 10 years - Interest only at a rate of 1% for the next 10 years - - - - - - At year 20, the loan will either (1) convert to an amortizing loan, paying principal and interest, on a 30 year amortization at a 1% interest rate OR (2) the HTF principle will be repaid in full as part of a refinance of the total debt stack at the time HSCD has secured a grant from Buncombe County in the amount of $749,000 for the construction costs. HSCD has applied for $2M in funding from the Dogwood Health Trust. HSCD has a loan commitment of $4,121,624 from an area lender. HSCD is contributing $809,872 in equity to the project. If approved by the City Council, the transfer of the funding will be conditioned on the completion of further project due diligence, including confirmation that all zoning and necessary permits have been secured and that all financing commitments necessary to build and operate the project are in place.  Committee(s): - The Housing and Community Development (HCD) Committee reviewed and unanimously approved the proposal on February 15, 2022. Pro(s): - The project produces 45 apartment homes for individuals and families at or below 30, 60% and 80% AMI. - Strategic opportunity to invest in a partner offering deep affordability and a community of care in connection with Haywood Street’s core services. - The project is ideally located near many downtown employment opportunities, with good access to transit and essential services. - This project leverages partnership funding from both Buncombe County and Dogwood Health Trust (pending approval). - This project will be deed restricted to permanent affordability, ensuring a long-term supply of affordable rental units in Asheville at this location. Con(s): - The combined land and loan amount per unit is above the Housing Trust policies recommendation of $20,000 per unit. - Project requests a total 50 year amortization for the loan, which is an exception to the HTF policy that requires loans to be limited to 30 years. Fiscal Impact: - This action includes a $904,000 loan from the City’s Housing Trust Fund, and an allocation of $1.3M from the City’s Affordable Housing General Obligation (GO) Bond Land Banking program. - Both of these amounts are already included in the adopted budget so no budget amendment is required with this action. Ms. Reid said that the key takeaways is that (1) this is a strategic opportunity to invest in a partner offering deep affordability and a community of care in connection with Haywood Street’s core services; (2) the project is ideally located near many downtown employment opportunities, with good access to transit and essential services; (3) this project leverages partnership funding from both Buncombe County and Dogwood Health Trust (pending approval); and (4) this project will be deed restricted to permanent affordability, ensuring a long-term supply of affordable rental units in Asheville at this location. She then provided the following background (1) Haywood  Street Congregation formed a 501 (c) 3 non-profit, Haywood Street Community Development (HSCD), with the intention to provide permanent affordable housing to the most vulnerable members of the Asheville community; (3) Haywood Street is partnering with Ward Griffin of Grace Construction and Austin Tyler with Dewey Property Advisors to purchase, develop and construct the project; (3) this will be HSCD’s first effort towards developing a permanent residential apartment project; and (4) City Council previously authorized a grant in the amount of $296,000 for due diligence and associated pursuit costs to HSCD for this project. This is for an 0.857 acre parcel located at 343 and 257 West Haywood Street. The approximately 45 affordable units will consist of: 23 units at 30% AMI, 9 units at 60% AMI, 13 units at 80% AMI, and 5550 sq. ft. of community space. The proposed budget is $10,181,496 - estimated $7.4 Million for construction costs. She said the potential funding breakdown is City Affordable Housing Bond - $1.3 Million; City Housing Trust Fund loan - $904,000; Buncombe County grant - $749,000; and Dogwood Health Trust funds - $2 Million. HSCD has a loan commitment of $4,121,624 from an area lender. In addition, HSCD is contributing $809,872 in equity to the project. She said HSCD seeks a loan of $904,000 from the City’s Housing Trust Fund (HTF) under the following terms: (A) no interest and deferred payments for the first 10 years; (B) interest only at a rate of 1% for the next 10 years; and (C) at year 20, the loan will either (1) convert to an amortizing loan, paying principal and interest, on a 30-year amortization at a 1% interest rate, OR (2) the HTF principle will be repaid in full as part of a refinance of the total debt stack at the time. The total term of the loan is 50 years. HSCD is also seeking a grant of $1.3 Million for the purchase of 0.857 acres of land. The land will be secured by a deed restriction for permanent affordable housing at the site. Should a project not come to fruition, HSCD must sell the site and repay the City the grant amount. She said the City Council Housing & Community Development Committee endorsed this recommendation to City Council. There was discussion, initiated by Councilwoman Wisler, about the amount Buncombe County contributed to this project. Pastor Brian Combs, applicant, said that they are proposing 45 1, 2 and 3 bedroom apartments at the edge of downtown, which are all 100% affordable in perpetuity, with the land deed restricted. They have made nearly 200 contacts, along with 4 voluntary meetings on site and a transparency tracker online. They are finalizing a contract with the Givens Estate for property management, and they have partnered with Ward Griffin, a contractor and consultant. On the Haywood Street Congregation side, they have spent 12 years on the street listening to people who need housing the most. Equity is an essential issue to them. They are committed to prioritize the most disenfranchised and displaced people first. They will have an aggressive affirmative fair housing marketing plan by (1) advertising heavily with sister nonprofits; (2) leveraging with African American churches in the area; and (3) handing out applications. He urged City Council to support this project. There was a brief discussion, initiated by Councilwoman Kilgore, about how this project model differs from public housing models or other nonprofit organization models that build affordable housing. Councilwoman Roney supported this project because it is a step in the right direction.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2022-02-22","mt":"regular","id":"IV-C-2","ref":"ORD 4935","it":"ordinance","t":"Ordinance to conditionally zone property at 343 & 357 W. Haywood Street from Community Business I to Community Business II/Conditional Zone","desc":"Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally zone property located on 343 and 357 W. Haywood Street from Community Business I District to Community Business II District/Conditional Zone. This public hearing was advertised on January 14 and 21, 2022. On January 25, 2022, this public hearing was continued to this date. - - - - - Displacement and Healthy Communities of Opportunity for all residents in and around Opportunity Zones.” The Asheville City Council adopted Resolution No. 21-224 on October 26, 2021 committing to grant funding in the amount of $296,000 for due diligence related to this project. The Haywood Street Congregation (applicant) is requesting an additional 1.3 million to assist in the purchase of the property and a Housing Trust Fund loan of $904,000. Landscaping, open space and tree canopy preservation requirements will be satisfied. A pedestrian connection across W. Haywood St. is recommended at either Jefferson St. or Hilliard Ave., in order to allow residents to connect to the sidewalk that leads to transit stops at the intersection of Hilliard and Clingman Ave. The project is seeking a number of exceptions to technical compliance, including: - Density - applicant is requesting 52.3 units/acre (maximum density of 50 units/acre). - Structure size - applicant is requesting to construct a single building that is 51,000 square feet (maximum building square footage for a multi-story building is 45,000 square feet) - Building Height - applicant is requesting a height of 41’-9” (maximum height is 40 feet).  Plan Consistency: Living Asheville Comprehensive Plan - The proposed development supports a number of goals including encouraging responsible growth by providing infill development in targeted growth areas (p. 131) and by increasing the supply of housing, including affordable housing (pp. 179 & 183) in proximity to employment, transit and parks (pp. 246 & 251). - The Future Land Use map identifies the subject properties as “Downtown” which is described as “the urban mixed-use center of Asheville” and “to encourage high density residential development, which will complement other downtown uses and surrounding neighborhoods.” (p. 339). WECAN Citizens Master Plan - The WECAN plan (adopted in 2000) envisioned separating local traffic from interstate traffic by extending Patton Ave. as a city entryway boulevard with small to mid-scale multi-family along the boulevard. I-26 Connector Project - The I-26 Connector Project plans have evolved to include a pattern similar to what was first envisioned in the WECAN plan over 20 years ago, and proposes to separate local from interstate traffic along Patton Avenue. - These plans continue to evolve with final alignments and designs still to be confirmed. - It is anticipated that the final road design would be most appropriate for multi-story, mixed-use and multi-family development given the strategic location and goals to create an urban gateway boulevard leading into downtown. Compatibility Analysis: - The high density residential project is compatible with the small commercial services/offices located to the east and west of the property, and with the other multi-family and institutional uses to the south. - The property currently abuts controlled access right-of-way for Interstate-240 to the north; however, this portion of right-of-way is for the Patton Ave. exit (Exit 4B) which carries less traffic than the eastbound lanes of I-240. - Additionally, the site is separated topographically with the ground floor sitting  approximately 30-35’ above the grade of the Patton Ave. exit and will include landscape buffering between the building and the road, mitigating the effect of the interstate on residents.  Committee(s): - Technical Review Committee (TRC) - December 6, 2021 - approved with conditions. - Planning & Zoning Commission (PZC) - January 5, 2022 - recommends approval unanimously, 7:0. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Ms. Tuch reviewed the site plan of one building totalling 49,000 gross square feet: 4 stories; 41’-9” tall; 45 units, all affordable; 55 parking spaces (35 structured, 20 surface); 10’ wide sidewalk on West Haywood Street; and indoor and outdoor community space. She then showed the building elevations. She reviewed how the project complies the Living Asheville Comprehensive Plan (1) consistent with the Future Land Use map by providing high density residential development; (2) encourages responsible growth by providing infill development in targeted growth areas; (3) increase the supply of housing in proximity to employment, transit and parks; and (4) provides affordable housing options. It also complies with WECAN Citizen’s Master Plan by (1) small to mid-scale multi-family; (2) pedestrian improvements; and (3) affordable housing. Some of the conditions include (1) technical modifications (a) density: 52.3 units/acre; (b) building height: 41’-9”; and (c) structure size: 49,000 square feet; (2) mitigating conditions (a) location next to the I-240 interstate and compatibility with other visible buildings along the interstate (Harrah’s, Hyatt Place, Hotel Indigo, etc.); (b) architectural style that takes cues from the existing community; (c) consistent with mass/scale of other projects in the Downtown Future Land Use Map area; (d) pedestrian orientation with wide sidewalks; (e) structured parking with minimal surface parking; and (e) new pedestrian street crossing to transit; and (3) public benefits - 45 affordable housing units: permanently affordable; 13 or the 45 units (29%) at 60-80% AMI; 9 of the 45 units (20%) 30-60% AMI; and 23 of the 45 units (51%) will accept housing choice (HUD) vouchers. Mayor Manheimer opened the public hearing on the land acquisition, Housing Trust Fund loan and the conditional zoning and when no one spoke, she closed the public hearing at 6:37 p.m. Councilwoman Roney said that it would be great in projects like this in general, that if the community that is going to create a neighborhood here and live and celebrate together, had a hopefulness of one day cooperatively owning this space. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2022-02-22","mt":"regular","id":"V-A","ref":"ORD 4929","it":"ordinance","t":"Second and final reading of ordinance approving Blue Ridge Rickshaw to operate a pedi-cab transportation service","desc":"Mayor Manheimer said that this ordinance was adopted on first reading on February 8, 2022; however, due to state law, franchise agreements require two readings. When Mayor Manheimer asked for public comment, no one spoke.","c":"Community Programs","mo":"individual","mv":"Roney","sec":"Wisler","r":"failed","ta":"3-4","cf":"high","u":"https://drive.google.com/file/d/1apvJ9KWAas_oDbIL67-J7QCBb_Zzpn2C/view","mat":1,"mr":"contested vote","sq":11},{"d":"2022-03-08","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of minutes of 2/22/2022 regular meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-03-08","mt":"regular","id":"B","ref":"RES 22-35 / RES 22-36 / RES 22-37 / RES 22-38 / RES 22-39","it":"resolution","t":"Alcohol possession/consumption at 5 events (Green Man, Downtown After 5, Hemp Fest, HardLox, Symphony in the Park)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-03-08","mt":"regular","id":"C","ref":"RES 22-40","it":"resolution","t":"Construction contract with Patton Construction Group for Weaver Park Bridge","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-03-08","mt":"regular","id":"D","ref":"RES 22-41","it":"resolution","t":"Amend Tyler Technologies services contract (Tyler/Munis financial system)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-03-08","mt":"regular","id":"E","ref":"RES 22-42","it":"resolution","t":"Contract with Wilde Acre Inc. for mowing/maintenance of city parks","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-03-08","mt":"regular","id":"F","ref":"RES 22-43","it":"resolution","t":"Accept Haw Creek Community Association donation for Masters Park parking lot","desc":"Mayor Manheimer said that members of Council have been previously furnished with copies of the resolutions on the Consent Agenda and they would not be read.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-03-08","mt":"regular","id":"VI-A","ref":"ORD 4936","it":"ordinance","t":"Conditionally zone 363 Hilliard Ave et al. from CBD to CBD Expansion/Conditional Zone","desc":"City Attorney Branham explained that this project was originally considered by the Asheville City Council on February 22, 2022, and was denied. Pursuant to Rule 19(I) of the City Council Rules of Procedure, the City Council may newly consider a substantive vote taken at the same meeting or the next successive meeting. The applicant has asked for reconsideration of previous Council action on its rezoning application, and has made changes to the proposed conditions.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":1,"mr":"contested vote","sq":7},{"d":"2022-03-08","mt":"regular","id":"VI-A-recon","ref":"","it":"motion","t":"Reconsider conditional rezoning of 363 Hilliard Ave (per Rule 19(I))","desc":"City Attorney Branham explained that this project was originally considered by the Asheville City Council on February 22, 2022, and was denied. Pursuant to Rule 19(I) of the City Council Rules of Procedure, the City Council may newly consider a substantive vote taken at the same meeting or the next successive meeting. The applicant has asked for reconsideration of previous Council action on its rezoning application, and has made changes to the proposed conditions.","c":"Zoning & Land Use","mo":"procedural","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-03-08","mt":"regular","id":"VI-B1","ref":"RES 22-44","it":"appointment","t":"Appoint member to African American Heritage Commission (Wilberding)","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"no material signals","sq":8},{"d":"2022-03-08","mt":"regular","id":"VI-B2","ref":"RES 22-45","it":"appointment","t":"Move Sluder to electrical contractor seat, Board of Electrical Examiners; readvertise","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"no material signals","sq":9},{"d":"2022-03-08","mt":"regular","id":"VI-B3","ref":"RES 22-46","it":"appointment","t":"Appoint Housing Authority rep to Citizens-Police Advisory Committee (A. Smith)","desc":"","c":"Housing","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2022-03-08","mt":"regular","id":"VI-B4","ref":"RES 22-47","it":"appointment","t":"Appoint members to Design Review Committee (Hunter, Ancaya, Booher, Seijo)","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"no material signals","sq":11},{"d":"2022-03-08","mt":"regular","id":"VI-B5","ref":"RES 22-48","it":"appointment","t":"Appoint member to Historic Resources Commission (Jackson)","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":0,"mr":"no material signals","sq":12},{"d":"2022-03-08","mt":"regular","id":"VI-B6","ref":"RES 22-49","it":"appointment","t":"Appoint members to Reparations Commission (impact focus areas)","desc":"In summary, and by motion of Mayor Manheimer, the following individuals were appointed to the Reparations Commission: Dewana Little to the Criminal Justice impacted focus area; Dwight Mullen to the Economic Development impacted focus area; CiCi Weston to the Education impacted focus area; Tamarie Macon to the Health Care impacted focus area; and Joyce Harrison to the Housing impacted focus area. This motion was seconded by Councilwoman Wisler and carried unanimously. Mayor Manheimer then announced and Council confirmed the neighborhood choices.","c":"Economic Development","mo":"individual","mv":"Manheimer","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1cIE6QlYK6Xd4coy0bSqeC6N35Hcljwx7/view","mat":1,"mr":"policy category","sq":13},{"d":"2022-03-22","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on March 8, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-03-22","mt":"regular","id":"II-B","ref":"RES 22-50","it":"resolution","t":"Resolution authorizing the City Manager to ratify and amend the contract with Buncombe County for paratransit services for FY2022","desc":"Background: - The City contracts with Buncombe County to provide the City’s federally required Paratransit Services. - The contract cost for Fiscal Year 2022 (current year) is $1,214,698. - Funding to pay for the Paratransit Services contract was budgeted in the Transit Operations Fund for Fiscal Year 2022 when the City budget was approved. - This action revises the amount of the contract previously approved by the City Council in Resolution 21-187 on August 24, 2021. - This action is necessary due to a previous clerical error which incorrectly described the contractual funding requirement for Fiscal Year 2022 as $1,485,552.23.  Committee(s): - None. Pro(s): - Allows the City to pay Buncombe County for Paratransit Services rendered this fiscal year. Con(s): - None.  Fiscal Impact: - Funding for the contract was budgeted in the Transit Operations Fund for Fiscal Year 2022.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-03-22","mt":"regular","id":"II-C","ref":"","it":"motion","t":"Motion to continue resolution authorizing a license agreement with Charter Communications for the fiber optic swap at 166 Reservoir Road","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-03-22","mt":"regular","id":"II-D","ref":"RES 22-51","it":"resolution","t":"Resolution authorizing the City Manager to execute a lease agreement with First Baptist Church for employee parking at 5 Oak Street","desc":"Background: - To meet the growing need for City Hall employee parking, the City of Asheville leases parking spaces from the First Baptist Church at 5 Oak Street. - As more and more employees return to work at City Hall, there will still be a need for additional parking near the City Hall complex. - An initial lease agreement was signed in March of 2018 for one year and the City leased thirty parking spaces as a trial period to see if the spaces would be used by City employees. - When the City renewed it the following year, a decision was made to lease twenty spaces. - At this time, almost all of the leased spaces are in use by City employees and the City is interested in extending the lease for another 24 months. - The City wants to continue to lease 20 spaces instead of 30. - The City seeks an extension of the lease at a price of $50.00 per space. - With 20 spaces being leased, the monthly amount is $1,000 ($12,000 per year).  Committee(s): - None Pro(s): - This parking lot provides much needed extra parking for city employees. - The $50 fee is below market rate in the downtown area. - Because of the walk involved, the City has offered wellness points for employees using the parking spaces at the church.  Con(s): - The City is the tenant in this situation and this constitutes a regular financial obligation. Fiscal Impact: - The General Fund will be responsible for the rental amount of $12,000 per year under the terms of the lease.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-03-22","mt":"regular","id":"II-E","ref":"ORD 4937","it":"ordinance","t":"Budget amendment to appropriate dedicated capital maintenance payments from the Asheville Art Museum and the Wortham Center","desc":"Background: - In August 2014, the Asheville Art Museum (AAM) and the Wortham Center for the Performing Arts (WCPA) entered into separate lease agreements with the City of Asheville for portions of the facility known as Pack Place Center located at 2 South Pack Square. - As part of their lease agreements, AAM and WCPA make payments to the City of Asheville that are designated for capital maintenance at Pack Place Center. - To-date, the City has collected approximately $140,000 in capital maintenance payments from AAM and WCPA as part of their lease agreements. - AAM and WCPA have asked the City of Asheville to enter into a Memorandum of Agreement to commit funding to a project that will allow for improved access to their jointly shared basement space at a total estimated cost of $35,911.13. - AAM and WCPA will each pay 15% of the cost and they have requested that the City fund 70% of the cost. - Staff is recommending that Council appropriate capital maintenance revenue previously received from the lease agreements with AAM and WCPA to fund the City’s 70% share, or $25,138.  Committee(s): - None Pro(s): - Ensures funding for a mutually agreed upon improvement project at a City-owned facility; - Utilizes a dedicated funding source as opposed to General Fund dollars. Con(s): - Reduces funding available for other capital maintenance projects at the Pack Place Center.  Fiscal Impact: - As noted above, the City has already collected approximately $140,000 from AAM and WCPA over the life of their lease agreements; the budget amendment will be appropriating a portion of that funding.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-03-22","mt":"regular","id":"II-F","ref":"RES 22-52","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with Rubicon Global LLC for automatic vehicle location technology in sanitation","desc":"Background: - - - - - - - - RUBICONSmartCity is a suite of technology products and services designed to help city governments run municipal operations faster, smarter, and more effectively. Rubicon’s technology is installed in City Sanitation trucks, which helps the City of Asheville save money and provide more efficient solid waste services. The AVL (automatic vehicle location) technology includes ‘pods’ which provide data on vehicle health, vehicle location, and driver behavior; and in-vehicle tablets which provide drivers with route directions, show service confirmation at each stop, and enable drivers to report any issues they see in the field with the touch of a button. The Sanitation Division entered into an 18-month contract with Rubicon Global, LLC, in 2020 to provide fleet technology services and training to our staff. The contract term expires March 31, 2022, with options to amend and renew. Benefits of the technology include improved safety, reduced City liability, improved customer service, and opportunities to improve sustainability of City Sanitation operations. The Sanitation Division intends to amend and renew the contract for an additional 3 years. Amendments to the contract include the addition of technology devices (pods) for recently purchased vehicles, and a change from renting tablets to purchasing City-owned tablets for in-vehicle use.  Vendor Outreach Efforts: - Rubicon Global, LLC, provides a specialized service to the City of Asheville, and the contract is available on the HGACBuy cooperative contract.  Committee(s): - None  Pro(s): - Renewing this contract allows the Sanitation Division to continue to improve operations, safety, and service to the community. Con(s): - None Fiscal Impact: - The three (3) year contract has a cost of $178,970.40, plus a 10% contingency of $17,897.04 to allow for the ability to add or subtract devices and services as needed per HGACBuy costs listed in the contract. - The contract is paid on an annual basis from the Sanitation Division adopted operating budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-03-22","mt":"regular","id":"II-G","ref":"RES 22-53","it":"resolution","t":"Resolution authorizing the City Manager to enter into a construction contract with T.P. Howard's Plumbing Co. Inc. for the Patton Avenue water project","desc":"Background: - On January 13, 2022, the Water Resources Department (WRD) issued an advertisement for bids for WDP #2: Patton Avenue Water Distribution Project. - The scope of work for this project includes the installation of approximately 6,986 LF of 24-inch ductile iron pipe, 514 LF of 8-inch ductile iron pipe, a 24-inch water main trenchless crossing of New Leicester Highway, and other miscellaneous water system components including service connections and other appurtenances all located along Patton Avenue (US-19) between Hazel Mill Road and Haywood Road. - This proposed project has been determined to be a critical installation through a prioritization and master planning process and will increase the water system's reliability and service capacity by replacing existing smaller diameter water lines that have higher failure rates due to age and that limit water service capacity due to size. - In response to the advertisement for bids, the WRD received three (3) bids on February 24, 2022. Companies responding were: 1. T.P. Howard Plumbing Company, Inc.: Fairview, NC - $6,300,000.00 2. Buckeye Bridge, LLC: Canton, NC - $9,008,497.00 3. Morgan Contracting, Inc.: Knoxville, TN - $23,865,187.00 - Following a review of the bids by City staff and the project engineers,CDM Smith, T.P. Howard’s Plumbing Co. Inc. was selected as the lowest responsible, responsive bidder. - The Water Resources Department requests authorization to contract with T.P. Howard’s Plumbing Co. Inc. for the bid amount of $6,300,000.00 plus a 10% contingency in the amount of $630,000.00, for a total project budget in the amount of $6,930,000.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids as the prime contractor.  Committee(s): - Not applicable. Pro(s): - This project is aligned with the City's and the Water Resources Department's goal of continued investment and improvement of the City’s water system through capital improvement projects, in order to provide safe and reliable service. Con(s): - None. Fiscal Impact: - Funds needed for this construction agreement are already budgeted in the Small Waterline Replacement Projects within the Water Resources Capital Improvement Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-03-22","mt":"regular","id":"II-H","ref":"RES 22-54","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with True IP Solutions LLC for phone/call center system","desc":"Background: - The current phone system, serving all City departments, is at end-of-life. - This means that it is no longer supported by the vendor and could cause security and reliability issues. - The current system was installed over 15 years ago and lacks modern features. - Following the North Carolina Statutory IT exceptions RFP Process, the City published a Request for Proposals (RFP) seeking responses to our requirements for a replacement phone/call center system. Vendor Outreach Efforts: - Staff began the RFP process in January of 2021 (298-IT-PhoneFY21). - - - - This was posted to the State’s and the City’s bid sites. The Asheville Business Inclusion office shared the RFP with their network. Out of 26 proposals received, one identified as an MWBE vendor (Business Operational Concepts: Woman-Owned). After evaluating the proposals and scoring responses based on selection criteria, the RFP team selected TRUE IP SOLUTIONS, LLC.  Committee(s): - N/A Pro(s): - A hosted (“cloud-based”) phone system has enhanced features, including call-center features and remote working options. - Avoidance of over $200,000 of capital costs to upgrade the current phone system. - The operational costs of the new system are approximately ⅔ of the old system. - Aligns with City of Asheville IT Services strategic plan to utilize cloud-based systems where possible in order to improve features offered as well as the City’s security posture. Con(s): - N/A Fiscal Impact: - The 3-year contract is budgeted not to exceed $90,000 annually or $270,0000 for all three years. - The annual amount is already included in City departmental budgets based on the number of users. - The resolution would authorize the City Manager to execute the renewal options as stated in the contract after the initial three years.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-03-22","mt":"regular","id":"II-J","ref":"RES 22-56","it":"resolution","t":"Resolution authorizing the City Manager to apply for Locally Administered Project Program funds from the French Broad MPO for purchase of art buses and the Lexington Street Complete Streets project","desc":"Background: - In January 2022, the French Broad River Metropolitan Planning Organization (MPO) issued a call for Locally Administered Project Program projects as part of the Surface Transportation Block Grant Direct Attributable (STBG-DA) and the Transportation Alternative Project Program (TAPP-DA) program. - These federal funds are awarded on a competitive basis through a call for projects that are typically held every two years by the MPO. - The total available amount of funding in this grant cycle is $13,987,000, to be available in FY 2027-FY 2028. - Eligible uses of these funds include transportation capital facilities and buses and bus facilities. - Staff in Transportation and Capital Projects Departments reviewed existing CIP projects and current City transportation priorities to determine which projects most closely align with the requirements and criteria for the LAPP funding, as well as the timing of the LAPP funding. - The grant requires a minimum 20% local match. - Staff identified three potential projects to apply for (in no particular order): a. $2,000,000 (match = $400,000) - Asheville Rides Transit (ART) bus replacement purchases. In 2027 and 2028, approximately 10 existing ART buses are expected to be near the end of their useful life. While the funding requested will not fund the entirety of these replacements, it will support the continued investment in transit and reduce the impact on the Capital Fund. Matching funds for the purchases would need to be programmed in a future Capital Improvement Program. b. $6,500,000 (match = $1,300,000) - Livingston Street “Complete Street” Project. This project currently has a completed design, however, staff would like to revisit the project design and conduct additional community engagement to determine if changes in the design are desired. The grant funding would support additional engagement, redesign if necessary, and construction). Matching funds for this project would need to be programmed in a future Capital Improvement Program. c. $2,700,000 (match = $540,000) - Swannanoa River Greenway. This grant request is to add additional funds to the existing $3.6 million in transportation General Obligation (GO) bond funding already allocated to the project. The GO bond funds will be used to meet the match requirements, therefore no additional matching funds would need to be budgeted.  Committee(s): - N/A Pro(s): - These funding opportunities will allow us to proceed with existing transportation projects and to purchase more buses. Con(s): - - The City will be responsible for providing matching funds in the amount of $1,700,000: however, matching funds for the Swannanoa Greenway project are already accounted for via the GO bond program funds dedicated to the project. If awarded, grant funds would not be programmed and available until 2027 or 2028, which has an impact on project schedules but also assists with budget planning.  Fiscal Impact:: - The total 20% City match for this grant will be $2,240,000. As noted above, $1,700,000 of this match will need to be considered for funding in future capital budgets.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-03-22","mt":"regular","id":"II-K","ref":"RES 22-57","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Tarheel Paving & Asphalt for the FY2022 asphalt resurfacing project","desc":"Background: - The main scope of the project is the resurfacing of 15 streets for a total of 3.36 miles. - Also included will be repairs to the concrete sidewalk and ADA improvements. - The contract was advertised on February 3, 2022. and bids were opened on February 24, 2022. - The following bids were received: Tarheel Paving and Asphalt, Inc. of Hendersonville, NC $1,321,207.82 Bryant’s Land and Developments Industries, Inc. of Burnsville, NC $1,536,253.18 French Broad Paving, Inc. of Marshall, NC $1,645,100.00 Harrison Construction of Asheville, NC $2,315,559.65 - The contract is expected to be available on May 1, 2022, and the contractor has until December 15, 2022, to complete the work. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Only one company from an identified disparity group (Black American) was found in the ten-county area and staff directly contacted that company. - - - - The company did not bid as a prime, but is listed as a sub with one of the prime bidders. Two women-owned businesses were also directly contacted, but neither submitted a bid. Two MWBEs, one Black-owned and one woman-owned, will be operating as subcontractors on the project. Tarheel Paving anticipates expending 16.7 percent of the total dollar amount of the contract with these companies.  Committee(s): - None Pro(s): - The award of this contract will resurface 3.36 miles of City streets. Con(s): - This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed. Fiscal Impact: - Funding for this contract is already budgeted in the General Capital Projects Fund as part of the Capital Improvement Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-03-22","mt":"regular","id":"II-L","ref":"RES 22-58","it":"resolution","t":"Resolution of intent to close a right-of-way alley known as rear Clingman Avenue and setting a public hearing","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Delray Ventures has petitioned for this closure associated with the Avery Project located at 363 Hilliard. - The City Council held a public hearing for the Avery Project Conditional Zoning request at their February 22, 2022 meeting and denied the project. - The applicant revised the Conditional Zoning request and returned to City Council on March 8, 2022 and received approval.  Committee(s): - This closure request was recommended for approval by the Technical Review Committee on November 15, 2021 based on the Avery Project proposal, including the project’s site plan, pedestrian improvements, and proposed bike lane improvements. - The Multimodal Transportation Commission (MMTC) reviewed the ROW closure request on February 23, 2022, following the February 22 City Council meeting. - Due to the Council’s initial denial of the project’s Conditional Zoning, the MMTC denied the ROW closure. - Staff did not return to the MMTC following the Council’s March 8 approval. Pro(s): - Promotes sustainable high density infill growth that makes efficient use of existing resources. - The Avery Project will improve the existing bicycle facility on Hilliard Avenue along the project frontage, as well as make substantial improvements to pedestrian facilities on Hilliard and Clingman. - The project will provide a pedestrian easement within the ROW closure area to facilitate public pedestrian access. Con(s): - Closure of an existing alley eliminates future potential uses within the ROW closure area. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-03-22","mt":"regular","id":"II-M","ref":"RES 22-59","it":"resolution","t":"Resolution authorizing the City to sign an amended contract with Swim Club Management Group Inc. for management of City aquatic facilities","desc":"Background: - A Request for Proposals was advertised for interested companies to operate and maintain the three (3) City of Asheville pools and Splasheville interactive fountain for (1) year with an option to renew for an additional (2) years was issued in February 2021. - - - - - - Swim Club Management Group, Inc. was awarded the contract in March 2021 based on the qualifications, understanding of the scope of services, cost, availability, and the ability to provide all labor, materials, and supplies for the operations and management of the City’s aquatic facilities. The original contract amount had a not to exceed amount of $191,000 accounting for one season of management operations. The amended contract aligns the already approved terms of one year with 2 two-year renewal options with the cumulative not to exceed amount of $506,113, over the life of the contract. The amendment clarifies dates and times for pools and splash pad to be in operation and updates the terms and conditions in response to an increase in supply costs and staffing. There is a strong relationship between the City of Asheville and Swim Club Management Group, Inc. They were easy to work with during the 2021 operating season as there were many unknowns as to operating during COVID.  Committee(s): - None Pro(s): - Contracting with a professional aquatic facilities management company for operations and maintenance ensures community pools will be operated in a safe, efficient manner and eliminate the obstacles associated with retaining an adequate number of certified staff. - Reduces the seasonal hiring impacts on the Human Resources Department to recruit, hire and on-board temporary employees. - Community pool operations will be operated with the adequate number of certified staff for the pool season. Con(s): - None Fiscal Impact: - There is no additional fiscal impact. - Funds for the management contract will come from existing department funds allocated for pool operations.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2022-03-22","mt":"regular","id":"II-N","ref":"RES 22-55 / ORD 4938","it":"resolution","t":"Resolution authorizing an amended agreement with Buncombe County for additional Code Purple funding and related budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2022-03-22","mt":"regular","id":"II-O","ref":"RES 22-60","it":"resolution","t":"Resolution objecting to portions of the Nantahala and Pisgah National Forests decision notice on a new land management plan","desc":"Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2022-03-22","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the conditional zoning ordinance adopted October 9, 2018 (Ordinance No. 4569)","desc":"At the applicant’s request,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2022-03-22","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider conditional zoning of portions of property","desc":"At the applicant’s request,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2022-03-22","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider conditional zoning of property","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2022-03-22","mt":"regular","id":"VI-A","ref":"RES 22-61","it":"resolution","t":"Resolution regarding alterations to (resolution authorizing the City Manager re staff presentation of March 22, 2022)","desc":"Parks & Recreation Director D. Tyrell McGirt said that following further discussion with community and other user groups, staff recommends the adoption of a resolution authorizing the City Manager to move to Phase 2 of development of Memorial Stadium and that Phase 2 include a 6 lane competitive track as described in the attached exhibit, expansion of walking trail, as well as other improvements recommended by staff as described in the March 22, 2022 presentation. Background: - Phase 1 of a multi-phase project has been completed to make improvements to Memorial Stadium. - Work completed to date include: new turf, replacement and relocation of stormwater, new field drainage, cleaned concrete bleachers, construction of accessible ramps to concrete bleachers, constructed sidewalks at ends of field connecting pedestrian access to bleachers. - As staff progressed into implementation of Phase 2 of the project, interest was raised by the community and other user groups to look into expanding the proposed walking trail and consider the feasibility of adding a 400 meter 6-lane track into the design of Phase 2. - Staff met with community members on March 10, 2022 to present possible options for the walking trail and track as additions to Memorial Stadium and Mountainside Park. - Staff presented pros and cons of the options. - After further discussion with the community and other user groups and an internal assessment of the feasibility of adding the track, staff concluded the track could be added and recommends that Council consider adding it into the Phase 2 improvements for Memorial Stadium along with further enhancements that were originally planned including those to Mountainside Park.  Committee(s): - N/A Pro(s): - - - - - A 6 lane competitive track will provide a dedicated area for fitness walking and running. Provides opportunities for community running programs Allows hosting of track events Aligns seating with available parking capacity Responds to community expressed interests and needs  Con(s): - Reduces current seating capacity - Reduces flag football field capacity - Reduces soccer field size - Requires new restroom building - Impacts neighborhood with increased programming. Fiscal Impact: - Costs to cover entire recommended improvements is $4.4 million - Current available funding for this project is $1.0 million dollars which leaves a funding gap of $3.4 million dollars. - Staff will provide the Council with possible sources of funding at a future Council meeting. Parks & Recreation Director D. Tyrell McGirt outlined the key takeaways: (1) Phase I completed; (2) Phase 2 planned improvements; (3) Phase 2 walking trail and track options; and (4) recommendations and next steps. He said Phase 1 of a multi-phase project to enhance Memorial Stadium has been completed. As staff progressed into implementation of Phase 2 of the project, interest was expressed by the community and other user groups to look into expanding the proposed walking trail and consider the feasibility of adding a 400 meter 6-lane track into the Phase 2 design. After further discussion with the community and other user groups, and an internal assessment of the feasibility of adding the track, staff concluded the track could be added and recommends that Council consider including it along with the previously planned Phase 2 improvements at Memorial Stadium and Mountainside Park. The work completed in Phase I was new turf; replaced and relocated stormwater; new field drainage; concrete bleachers cleaned; accessible ramp for concrete bleachers; pedestrian access along ends of field; accessible ramp for concrete bleachers; and sidewalks along ends of the field connecting pedestrian access to bleachers. Phase II planned projects for the Mountain Side Park Playground include a walking trail; trike track, poured-in-place surfacing; swing replacement; bench and table seating; and shade trees. The Phase II planned projects for the new restroom and storage facility include demolition of current concession stand and restroom facilities; construct new combined restroom and storage facility; improve accessibility; security lighting; and scoreboard improvements. Regarding Phase 2 walking trail and track options, as staff progressed into implementation of Phase 2 of the multi-phase project, interest was raised by the community and other user groups to look into expanding the proposed walking trail and consider the feasibility of  adding a 400 meter 6-lane track into the Phase 2 design. Staff developed three possible options for the trail and the possible option of a 6-lane track and presented them at a community meeting that included both pros and cons of each option. He showed the two options for the walking trail. The track option is 6-lane competitive track; 400 meter; 18’ wide path (3’ per lane); rubber track surfacing; reduce largest turf field to 65 yards x 120 yards; replace existing restroom; replace western bleachers with concrete plaza to allow for temporary seating expansion; and modify existing stormwater pipes to accommodate track. After further discussion with the community and other user groups, and an internal assessment of the feasibility of adding the track, staff concluded the track could be added and recommends that Council consider including it along with the previously planned Phase 2 improvements at Memorial Stadium and Mountainside Park. The recommended track option includes 6-lane competitive track; rubber track surfacing; reduce largest turf field to 65 yards x 120 yards; replace existing restroom; replace western bleachers with concrete plaza to allow for temporary seating expansion; modify existing stormwater pipes to accommodate track; 10’-12’ side paved asphalt walking trail; and playground improvements - for a total estimated cost of $4.4 Million. Staff recommends City Council adopt a resolution authorizing the City Manager to identify funding for phase 2 of the Memorial Stadium improvements as recommended by staff, to enter into the design phase to include a 6-lane competitive track with dimensions as described in the exhibit attached to the resolution, and begin implementation of other staff recommendations as described in this staff presentation. If approved, staff will identify possible funding source(s) to address the funding gap. Staff will also develop a design and construction schedule. Mr. McGirt responded to various questions/comments from Council, some being, but are not limited to: requirements of use of bond funds; what was the original budget estimate for this work; how many people can the concrete stands hold; confirmation that no users will be displaced by this design, but with the new track, we will be able to offer a field and track program; what does the $4.4 Million include; with this new track, what does the programming look like for non-profits, schools, the neighborhood, etc.; confirmation that a parking plan is needed for Memorial Stadium; status of moving the Hunt Hill maintenance facility from its current location; update on the passive park adjacent to Carolina Day; update on the impact of football on the field; will there be an effort to install the new track between seasons, or will there be interruptions of other current users; who would be responsible for assembling temporary seats; has there been discussions with user groups about them providing their own off-site parking with shuttles; and possible use of Tourism Development Authority funding to close the gap needed on this project. Councilwoman Mosley provided background information on Memorial Stadium, noting that on March 6, 1998, a subject on the City Council agenda was the sale of Memorial Stadium to an independent purchaser. The reason for the proposal was to benefit a little league team from north Asheville. It looked like the City was considering the sale because Memorial Stadium was in such disrepair and it was estimated to get it up to par would be approximately $30 Million over 15 years. She outlined several comments from the meeting, i.e., over 495 children lived in public housing within walking distance of Memorial Stadium; Memorial Stadium is being used by the elderly for a safe place to exercise; Memorial Stadium should remain for historical value; Memorial Stadium is an excellent site to hold large community meetings; and need to hold the land for future generations. Ultimately, City Council at that time voted not to sell Memorial Stadium on a 4-3 vote. She hoped that the community will educate their children and grandchildren on the history of this property so hopefully the issue to sell will not come back up in another 20 years or so.  One individual noted that in 2019 a community input session was held at Stephens-Lee and the plan with the strongest support was for a field with no track. He felt that support should be honored. Five individuals spoke in support of the 6-lane track at Memorial Stadium. Councilwoman Kilgore was pleased that we are now going to enjoy a much improved area. She hoped that when it comes to programming the area, consideration will be given to what the African American community has been through and possibly allow them precedent over future programming of the area. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Transportation","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1fBKAyU0n6wPV5X4bo3dYF4fBuhNR3D9g/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":17},{"d":"2022-04-12","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the annual retreat (March 17-18, 2022), regular meeting (March 22, 2022), and special meeting (April 6, 2022)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-04-12","mt":"regular","id":"II-B","ref":"RES 22-62","it":"resolution","t":"Resolution authorizing the City Manager to sign a lease with Citizens Fuel for two dumpsters and a storage building on a City-owned parking lot at Biltmore Avenue","desc":"Background: - The City of Asheville owns a parking lot at 9999 Biltmore Avenue. - There are two dumpsters and one storage building situated on the parking lot immediately adjacent to the City’s Fueling Station. - Citizens Fuel (formerly Eblen) has been paying the City via the Public Works Department $270.00 per month in return for use of the space; however, there is no written agreement on file. - Public Works has indicated that there are no concerns with the dumpsters and storage building remaining on the property so long as Citizens Fuel remain current on their payments and carry appropriate insurance. - The Legal Department recommended a lease as the best mechanism to allow this use of City property. - The current rental rate of $270.00 per month will continue, but an annual escalation fee of 3% will be included in the lease, with a proposed term of three years. - The new lease allows the City to require Citizens Fuel to move the dumpsters and/or storage building or to remove them entirely with ninety days' notice.  Committee(s): - None Pro(s): - The City is receiving revenue from this site and it will increase by 3% every year. - The City can request that these facilities be moved or removed if the City changes its plans for the site.  Con(s): - The City will not be using the space for its own purposes. Fiscal Impact: - The City will be receiving $3,240 during the first year. - All income from this lease will be deposited in the General Fund.","c":"Transportation","mo":"consent_batch","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-04-12","mt":"regular","id":"II-C","ref":"RES 22-63","it":"resolution","t":"Resolution amending a contract with USS ISS Agency Inc. for new hire background investigations","desc":"Background: - APD entered into a contract on August 1, 2021 with USS ISS Agency, LLC in which they would supply new hire background investigation services for sworn and non-sworn vacancies. - All Police Officer candidates and civilian employees that work for the Asheville Police Department must pass a background investigation before they are hired. - APD is currently understaffed and we do not have sworn administrative staff available to complete these hiring functions especially given the large increase in volume of new personnel needing to be vetted for hire. - Since the execution of the contract, the vendor has completed 26 full, 3 partial, and 10 non-sworn background investigations as well as 2 polygraphs for a total of $59,574.40. - This leaves only $20,425.60 available for the next six invoicing periods. - APD is requesting approval from council to add funding to our existing contract with USS ISS Agency, LLC for new hire candidate background investigations which will bring the contract total up from $80,000 to $140,000. - APD will be using existing operating funds to increase the contract amount. - APD has requested additional funding for the Fiscal Year (FY) 2023 budget to cover these increased funding needs.  Committee(s): - Public Safety Committee - March 30, 2022 - carried unanimously to move forward Pro(s): - Ensures the ability to better protect the safety of the residents of Asheville and Buncombe County by allowing as many sworn staff as possible to be available for patrol duties. Con(s): - None  Fiscal Impact: - As noted above, no additional funding is required. - Funding for increasing the contract amount for FY22 will come from the existing Police Department operational budget.","c":"Public Safety","mo":"consent_batch","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-04-12","mt":"regular","id":"II-D","ref":"RES 22-64","it":"resolution","t":"Resolution authorizing the City Manager to sign a license agreement with DukeNet Communications LLC to continue operating fiber optic equipment at 166 Reservoir Road","desc":"Background: - The City owns two telecommunications towers on the property at 166 Reservoir Road and the City leases antenna space on the towers and ground space for related equipment. - The City of Asheville signed a license agreement with DukeNet Communications, LLC in 2012. - The agreement allowed DukeNet to install, operate and maintain fiber optic equipment at the site on Reservoir Road. - This allowed them to provide fiber optic communications between the two towers on the site. - As consideration for the license agreement, the City has the right to use twelve (12) designated dark fibers or unlit fibers along S. Charlotte Street to Reservoir Road. - This arrangement has allowed the City to create a no-cost link that will increase public safety network reliability for the City’s radio system. - This agreement is set to expire on June 11, 2022. - DukeNet has been purchased by Charter Communications, but will continue to operate under the same name. - Their agent approached the City with a request to extend the license agreement for another ten years. - IT has confirmed that they want the arrangement to be extended and they have approved the provisions of the license agreement.  Committee(s): - None Pro(s): - Maximize the value of the license agreement through access to DukeNet Communications, LLC’s fibers. - Maintains a link that contributes to the City of Asheville’s public safety radio reliability.  Con(s): - None Fiscal Impact: - Under the License Agreement, the City will not receive any revenue from DukeNet Communications, LLC; however, the City will be able to continue to receive the right to use twelve (12) designated dark or unlit fibers along S. Charlotte Street to Reservoir Road.","c":"Public Safety","mo":"consent_batch","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-04-12","mt":"regular","id":"II-E","ref":"RES 22-65","it":"resolution","t":"Resolution authorizing the City to apply for a U.S. DOJ Law Enforcement Mental Health and Wellness Act grant for a Wellness Coordinator position in the Asheville Police Department","desc":"Background: - In March of 2015, The President's Task Force on 21st Century Policing identified and confirmed in Pillar Six that Officer Wellness and Safety was an identified area of concern and should be addressed. - It stated, “a large proportion of officers' injuries and deaths are not a result of interaction with criminal offenders but the outcome of poor physical health due to poor nutrition, lack of exercise and lack of sleep and substance abuse”. - Also stated, “An officer whose capabilities, judgment, and behavior are adversely affected by poor physical or psychological health may not only be of little use to the community he or she serves but also a danger to it and to other officers”. - In June of 2021, the wellness committee within the police department reported a recommendation to create and maintain a wellness program managed by a Wellness Coordinator to address identified physical fitness and nutrition issues along with coordination of current mental health services in the Asheville Police Department. - To create and maintain a successful employee wellness program for police employees there must be a continuum of mental health and wellness strategies beginning at the hiring process and continuing through retirement. - The Asheville Police Department, along with the Asheville Fire Department and Human Resources, currently contracts with Responder Services. - Responder Services provides resilience training and provides support to include mental health services when recognized and appropriate. - A new Wellness Coordinator will provide the missing piece of physical wellness, fitness, nutrition, coordinated training on mental health, peer support and suicide prevention that is currently missing in the Asheville Police Department. - A new Wellness Coordinator will increase awareness of effective mental health and wellness strategies, peer support, family resources, suicide prevention, and other promising practices for wellness programs by coordinating regular training/rollcalls with Responder Services and other available City resources. - The new Wellness Coordinator will enhance officers' performance and reduce occupational injury; design and implement comprehensive exercise programs for employees following a health and fitness assessment; educate and provide counseling to maintain or improve employees’ physical performance and health; interpret health results for employees and counsel employees regarding their individual health risks; lead exercise sessions, and coordinate mandated and non-mandated training and development of training programs to support credentialing requirements. - Physically fit and mentally well officers are able to: demonstrate better de-escalation skills, have lower rates of worker’s compensation claims, build community relations more effectively, have lower suicide rates, have better decision-making skills and, exhibit more positive behaviors.  Committee(s): - None - The short window for grant applications does not allow time for formal committee review. Fiscal Impact: - Funding for supplies, equipment, and training will be requested in the grant application. - To maintain the position after the grant funding is exhausted the department will need to fund the position in future fiscal years.","c":"Public Safety","mo":"consent_batch","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-04-12","mt":"regular","id":"II-F","ref":"RES 22-66","it":"resolution","t":"Resolution amending the 2022 City Council meeting schedule to include an ARPA funding allocations worksession on April 25, 2022","desc":"Background: - In March of 2015, The President's Task Force on 21st Century Policing identified and confirmed in Pillar Six that Officer Wellness and Safety was an identified area of concern and should be addressed. - It stated, “a large proportion of officers' injuries and deaths are not a result of interaction with criminal offenders but the outcome of poor physical health due to poor nutrition, lack of exercise and lack of sleep and substance abuse”. - Also stated, “An officer whose capabilities, judgment, and behavior are adversely affected by poor physical or psychological health may not only be of little use to the community he or she serves but also a danger to it and to other officers”. - In June of 2021, the wellness committee within the police department reported a recommendation to create and maintain a wellness program managed by a Wellness Coordinator to address identified physical fitness and nutrition issues along with coordination of current mental health services in the Asheville Police Department. - To create and maintain a successful employee wellness program for police employees there must be a continuum of mental health and wellness strategies beginning at the hiring process and continuing through retirement. - The Asheville Police Department, along with the Asheville Fire Department and Human Resources, currently contracts with Responder Services. - Responder Services provides resilience training and provides support to include mental health services when recognized and appropriate. - A new Wellness Coordinator will provide the missing piece of physical wellness, fitness, nutrition, coordinated training on mental health, peer support and suicide prevention that is currently missing in the Asheville Police Department. - A new Wellness Coordinator will increase awareness of effective mental health and wellness strategies, peer support, family resources, suicide prevention, and other promising practices for wellness programs by coordinating regular training/rollcalls with Responder Services and other available City resources. - The new Wellness Coordinator will enhance officers' performance and reduce occupational injury; design and implement comprehensive exercise programs for employees following a health and fitness assessment; educate and provide counseling to maintain or improve employees’ physical performance and health; interpret health results for employees and counsel employees regarding their individual health risks; lead exercise sessions, and coordinate mandated and non-mandated training and development of training programs to support credentialing requirements. - Physically fit and mentally well officers are able to: demonstrate better de-escalation skills, have lower rates of worker’s compensation claims, build community relations more effectively, have lower suicide rates, have better decision-making skills and, exhibit more positive behaviors.  Committee(s): - None - The short window for grant applications does not allow time for formal committee review. Fiscal Impact: - Funding for supplies, equipment, and training will be requested in the grant application. - To maintain the position after the grant funding is exhausted the department will need to fund the position in future fiscal years.","c":"Public Safety","mo":"consent_batch","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-04-12","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider conditional zoning of multiple properties at 427 Broadway Street from Neighborhood Corridor District to Neighborhood Corridor District/Conditional Zone","desc":"At the petitioner’s request,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2022-04-12","mt":"regular","id":"remote-participation","ref":"","it":"motion","t":"Motion to allow Councilwoman Wisler to participate remotely due to illness","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gt8I9o8PiqDy5ZsF1mPmSt5rVz9dNkpP/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-04-26","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on April 12, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-04-26","mt":"regular","id":"II-B","ref":"RES 22-67","it":"resolution","t":"Resolution to accept a State Emergency Response Disaster Relief Fund grant from the Dept. of Public Safety for $1.2 million for the Sulphur Springs project","desc":"Background: - The “Current Operations Appropriations Act of 2021” also known as NC General Assembly Session Law 2021-180, House Bill 105 (S105v8), awarded a Directed Grant to the City of Asheville for the Sulphur Springs Stormwater Improvements Project in the amount of $1,200,000. - For the grant purpose, this project is also known as the West Sulphur Springs Drainage System Project. - The grant is administered by the North Carolina Department of Public Safety (NCDPS). - The agreement with the NCDPS shall be effective starting November 18, 2021 and shall terminate on June 30, 2023. - The appropriation shall be distributed on a quarterly basis from North Carolina General Fund for $300,000 over four consecutive quarters totaling $1,200,000. - As the recipient of the direct grant, the Stormwater Division will be required to submit quarterly project status reports that include employee, service and contract, goods, administration, and other expenses; along with a descriptive summary of how the funds were used including outcomes and specific deliverables. - Said direct grant funds are subject to being audited, inspected and monitored at any time by North Carolina Department of Public Safety (NCDPS) upon request. - City of Asheville Resolution 21-167 authorized the City Manager to execute a contract in the amount of $990,022.00 with Appalachian Site Work Inc. for the construction of the Sulphur Springs Stormwater Improvements Project. - The contingency amount is $198,004.20, for a total budget of $1,188,026.40. - This project will address significant drainage issues along Sulphur Springs Road that cause flooding in the roadway at the low point of the basin (the intersection with an unnamed tributary of Hominy Creek). - This project will install a new drainage system to address the roadway flooding and provide a system that can be expanded with future projects along the contributing side streets. - The minor culvert extension and associated stream stabilization at the inlet and outlet will address existing steep slopes at the roadway and provide a more sustainable stream bank at the outfall that will not be as prone to erosion. - Approximately 2,100 linear feet of new stormwater system will be installed inside the rights-of-way of Sulphur Springs Road, Covington Road, Clinton Road, and Belmont Avenue to improve drainage and reduce excessive stormwater on the roadway. - Sulphur Springs Road will be paved following the Stormwater Project as part of the resurfacing from the 2016 Transportation bond funding. - Paving of side street sections of the project is funded by the Stormwater Capital Fund. - This project is funded with 2016 General Obligation (GO) Bond funds and Stormwater Capital Funds. - The GO Bond contribution is $20,000.00 to replace existing stormwater infrastructure. - The Stormwater Capital Fund contribution is $1,168,026.40 to install new stormwater infrastructure. - Construction began on October 4, 2021, and is approximately 50% complete. - The anticipated completion date is September 30, 2022. Vendor Outreach Efforts: (Information below is from the original project outreach) - The City’s Goal Setting Committee set an annual aspirational goal for construction projects at 4.6% MBE participation, in alignment with the City’s Business Inclusion Policy. - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System, the City of Asheville website, the City of Asheville Twitter account, and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Stormwater staff also reached out to MWBE contractors that were identified through Yoruba Life, NCDOT HUB certified website, and The Color of Asheville directory. - Past contractors who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. - During the preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department. - Out of the four (4) bids received, none self-identified as a MWBE business owner. - All four (4) bidders indicated that they would be utilizing a MWBE sub-contractor (three woman-owned, one Black American-owned). - The lowest responsive, responsible bidder, Appalachian Sitework Inc., provided very thorough documentation on their outreach. - City of Asheville Business Inclusion Manager approved the good-faith effort by the contractor on August 2, 2021. - Appalachian Sitework submitted documentation that they would use JLS Company, which is a woman-owned business, for paving.  Committee(s): - None Pro(s): - Because the project is currently funded with Stormwater Capital funds and General Obligation Bond funds, the directed grant will allow previous funding to be used on other upcoming projects for the Stormwater Division. Con(s): - None Fiscal Impact: - Funding for this project was already budgeted in the General Obligation Bond Fund (2016 GO Bond Program) and the Stormwater Capital Fund. - With the acceptance of the directed grant, those originally budgeted funds can be applied to other much needed stormwater capital improvement projects.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-04-26","mt":"regular","id":"II-C","ref":"RES 22-68","it":"resolution","t":"Initial resolution authorizing the City Manager or Finance Director to pursue and negotiate financing","desc":"Background: - The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt Model since fiscal year 2013-14. - As a part of that multi-year financial model, the City routinely enters into short-term draw programs with financial institutions through the issuance of interim Limited Obligation Bonds (LOBs). - The short term draw programs provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing. - Staff is seeking Council approval of the initial resolution authorizing the installment financing and related issuance of 2022 Interim Limited Obligation Bonds (LOBs) in an amount not to exceed $42,000,000. - The projects covered under this debt issuance include a wide range of strategic capital goals the City wishes to meet in public safety, multi-modal transportation, economic development, quality of life, and facility maintenance. - Specific projects of note covered under this debt issuance include the Broadway Public Safety Station, a portion of the Dr. Wesley Grant/Southside Center project, City Hall elevator modernization, and the Nasty Branch and French Broad West greenways. - Staff is also seeking Council approval to set a Public Hearing on this debt issuance for May 10, 2022. - Approval of the final resolution is scheduled for Council’s May 24, 2022 meeting.  Pro(s): - Allows the City to move forward with the Capital Improvement Program (CIP) and Draw Program financing. Con(s): - None Fiscal Impact: - The interim LOBs draw program includes an amount not to exceed $42,000,000. - Approximately $13,300,000 will likely have already been expended and will be taken on the first draw at closing as a reimbursement to the City. - The City then expects to spend the remaining monies over a twenty-four-month period. - The City will then look to convert the program into a long-term fixed rate financing at or around July 2024. - The debt service payments for this financing are already included in the multi-year CIP/Debt Financial Model.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-04-26","mt":"regular","id":"II-D","ref":"RES 22-69","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with French Broad Paving","desc":"Background: - Parks and Recreation has made these improvements a priority and designated capital funds to build this project. - The park includes the reconstruction of the tennis and basketball courts, as well as the repavement of the parking lots. - Construction is estimated to start in early summer and be complete this fall. - Bids were received on April 5th, 2022 as follows: - BH Graning, Sylva, NC , Base bid of $303,833.98, Bid with Alternates: $464,640.24 - BAllen, Candler, NC, Base bid of $284,000, Bid with Alternates: $412,900. - French Broad Paving, Marshall, NC, Base bid of $180,000, Bid with Alternates: $287,800 - Base budget item: Reconstruction of the tennis courts. - Alternates include: Updating the basketball court with new paving, striping and goals and repaving both parking lots. - French Broad Paving was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - French Broad Paving is a women owned business and has indicated Appalachian Paving, a women owned business in Swannanoa, NC as a subcontractor.  Committee(s): - None Pro(s): - Planned updates are able to be completed. - These improvements will extend the life of existing amenities in the park. Con(s): - Construction will disrupt tennis activities at Weaver Park during construction. Fiscal Impact: - Funding for this contract is already included in the adopted Capital Improvement Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-04-26","mt":"regular","id":"II-E","ref":"RES 22-70","it":"resolution","t":"Resolution affirming personnel policy processes","desc":"Background: - Under the Asheville City Charter, the City Manager possesses sole authority to hire, remove, and supervise all City employees. - Under that authority, the City Manager may unilaterally adopt policies dealing with personnel matters such as retention and recruitment, discipline, ethics, vehicle use, and other subjects pertaining to employee administration. - The City Council may adopt ordinances pertaining to personnel matters (pay plans, non-discrimination ordinance, etc.) not exclusively falling under the City Manager’s authority. - In addition, per the Civil Service Act, the Civil Service Board may adopt substantive personnel rules subject to City Council approval. - In 1990 the City combined the then-existing City Manager adopted policies with the then existing-Civil Service Board rules and council-passed ordinances into a single personnel policy handbook. - Although it was not necessary to do so, the City Council authorized that action in a resolution (90-129), and also authorized changes when the handbook was amended because of changes to the Civil Service Board’s rules in 1999 (99-26). - The handbook is now largely obsolete due to updated personnel policies and the repeal of nearly all Civil Service Board rules. - Because Council authorized the handbook more than thirty years ago, it is appropriate that the City Council clarify and affirm the City Manager’s authority with respect to personnel policies. Pro(s): - Provide clarity to City staff regarding which policies are applicable. Con(s): - None Fiscal Impact: - None","c":"Community Programs","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-04-26","mt":"regular","id":"II-F","ref":"RES 22-71","it":"resolution","t":"Resolution amending the 2022 City Council meeting schedule to include a boards/commissions session","desc":"","c":"Boards & Appointments","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-04-26","mt":"regular","id":"II-G","ref":"RES 22-72 / RES 22-73 / RES 22-74","it":"resolution","t":"Resolutions authorizing the possession and consumption of alcoholic beverages and/or unfortified wine at city events","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-04-26","mt":"regular","id":"II-H","ref":"RES 22-75","it":"resolution","t":"Resolution authorizing the City Manager to amend the professional services contract","desc":"Background: - This project was listed on the Nov. 2016 Parks Bond Referendum. - Phase I improvements are nearing completion. - Phase II improvements were clearly defined by Asheville City Council on March 22, 2022. General scope items include: - New 6 lane, synthetic surface track (retaining wall required to accommodate maintenance road) - Remove and replace existing restroom building; Remove existing concession building. - Improvements to the existing playground - Install a new walking trail in Mountainside Park which transitions to a shared maintenance drive/walking trail connecting to the paved parking lot - Remove western metal bleachers. Explore options for temporary seating in this location. (Which may include the construction of a concrete pad.) - Excluded from the scope of Phase II are any physical improvements to the existing parking or work associated with relocating asset management from Hunt Hill. - The original request for qualifications (RFQ) was reviewed and awarded in 2018. - This RFQ (298-CPD-17-18-RFQ) envisioned improvements to the site with new and renewed recreational amenities. - It also included work taking place both at Memorial Stadium and in Mountainside Park. - This amendment meets the expectations of the original RFQ. - The Phase II design phase will last approximately 8 months. - Construction is anticipated to begin summer 2023 with 12 months of construction. - Estimated cost of the Phase II improvements is approximately $4.4M. - Staff will return to Council at a subsequent meeting for approval of the funding plan for the full project. Vendor Outreach Efforts: - This is an extension of the original contract.  Committee(s): - City Council reviewed and voted on 3/22/2022 to move forward with the Memorial park improvements. Pro(s): - Benefits of these park improvements include opportunities for hosting new track events, community health and fitness and responding to community needs and prior commitments. Con(s): - Removing and relocating turf and stormwater that was recently installed. Fiscal Impact: - As noted above, the total amount of the design contract is $294,690.00. - This contract will be funded from previously budgeted Memorial Stadium Capital Improvement Program funding.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-04-26","mt":"regular","id":"II-I","ref":"RES 22-76","it":"resolution","t":"Resolution authorizing the City to apply for N.C. Dept. of Environmental Quality grants","desc":"Background: - The Federal Clean Water Act Amendments of 1987 and the North Carolina Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction and studies of drinking water treatment works, and/or drinking water distribution systems. - Grants and/or State Revolving Funds that are approved by NCDEQ-DWI, can be used for the Water Resources Department projects which include Water Treatment Plant upgrades (design and construction), Lead Service Line Inventory, & Distribution System Projects. - Awarded funding will be utilized following the Water Resources Master Plan and new requirements from NCDEQ for Water Treatment Facilities. Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - The funds received will be grants or low interest loans with potential principal forgiveness. - Funds received will enable the Water Resources Department to move forward with needed projects and supplement capital expenditures. Con(s): - None Fiscal Impact: - Water Resources could receive up to $5 Million of ARPA funds for infrastructure improvements and up to $400,000 for planning and designing future projects. - Water Resources could receive up to $30,000,00 of State Revolving Funds low interest loans for water projects.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-04-26","mt":"regular","id":"II-J","ref":"RES 22-77 / ORD 4939","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Moore & Son Site Contractors for the Forest Hill/Caledonia Road stormwater improvement project; with budget amendment","desc":"","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-04-26","mt":"regular","id":"IV-A","ref":"RES 22-78","it":"public_hearing","t":"Public hearing to consider the permanent closing of a right-of-way alley known as Rear","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close a right-of-way alley known as Rear Clingman Avenue off the eastern side of Clingman Avenue. This public hearing was advertised on April 1, 8 15 and 22, 2022. Background: - City Council passed a resolution March 22, 2022 to set a public hearing for the proposed closure on April 26, 2022. - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - Delray Ventures has petitioned for this closure associated with the Avery Project located at 363 Hilliard. - The Avery Project was approved by the City Council at the March 8, 2022 meeting. - The City Council initially denied the project at their February 22 meeting. - This closure will not impede any future transportation connections nor does it conflict with any utility access. - Signs were placed at two locations along the right-of-way announcing the public hearing and potential closure.  Committee(s): - This closure request was recommended for approval by the Technical Review Committee on November 15, 2021 based on the Avery Project proposal, including the project’s site plan, pedestrian improvements, and proposed bike lane improvements. - The Multimodal Transportation Commission (MMTC) reviewed the ROW closure request on February 23, 2022, following the February 22 City Council meeting. - Due to the Council’s initial denial of the project’s Conditional Zoning, the MMTC denied the ROW Closure. - Staff did not return to the MMTC following the Council’s March 8 approval due to time constraints and the Council’s reversal on the Avery Project. Pro(s): - Promotes sustainable high density infill growth that makes efficient use of existing resources. Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure. Ms. Morriss said that Delray Ventures has petitioned for this closure. The existing alley is officially named Rear Clingman Avenue. Rear Clingman Avenue connects to the east side of Clingman Avenue and serves the adjacent properties; however, it does not connect through to Pearl Street. The length of the proposed closure is approximately 175 feet and the width is 20 feet. This closure request is associated with the Avery project to be located on the northeast corner of Clingman Avenue and Hillard Avenue at363 Hilliard. The City Council denied the conditional zoning request for the Avery project at their February 22 meeting. Subsequently, the applicant revised the proposal and returned to City Council on March 8. City Council then approved the conditional zoning request for the Avery proposal on March 8. She said Delray Ventures has proposed, as part of the Avery project, to improve the existing bicycle lane on Hillard Avenue along the project frontage. The existing bicycle lane on Hillard transitions from a separated lane to a shared bike/vehicle lane at Pearl Street and continues to Clingman. The applicant has proposed to widen the street slightly along its frontage to accommodate a full-width separated bike lane from Pearl Street to Clingman. The Technical Review Committee approved the right-of-way closure request based on the proposed project’s site plan, the project’s improvement of the bike lane on Hilliard, and the project’s proposed pedestrian amenities. The Multimodal Transportation Committee met on February 23 and recommended denial of the right-of-way request; however, this was due to City Council’s initial denial of the project on February 22. Staff did not return to the Multimodal Transportation Committee following City Council’s approval of the project on March 8 due to time constraints.  kim - they lacked information on the future project - they didn’t want to make any recommendations until they knew what the future project would be. Mayor Manheimer opened the public hearing at 5:21 p.m., and when no one spoke, she closed it at 5:21 p.m. Councilwoman Roney, as liaison to the MMTC, said that there are still lingering questions about City rights-of-way, i.e, what is the public benefit of the land and what is the City’s responsibility. She was pleased that our MMTC continues to provide their feedback on these closings. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2022-04-26","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider conditional zoning of 275 - continued to May 10, 2022","desc":"Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zoning 275 Deaverview Road from RM-16 Residential Multi-Family High Density District to Residential Expansion District/Conditional Zone. This public hearing was advertised on April 15 and 22, 2022. Project Location and Contacts: - The project site totals 20.69 acres located along Deaverview Rd (PIN 9628-46-1397). - Owner: Asheville Housing Authority Summary of Petition: - The property is currently zoned Residential Multi-family High Density (RM-16) and is designated “Residential Neighborhood” on the city’s Future Land Use (FLU) Map. A change in the FLU designation will not be required. - New building construction includes two 3-story buildings with 12 units each (identified as Buildings 1 and 2 on the site plans), and one 4-story building with 58 units and common amenity space (identified as Building 3 on the site plans) for a total of 82 dwelling units. - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion (RES EXP) district is required. - All the dwelling units will be affordable to households at 60% Area Median Income (AMI) or less, with some units available for households at 30% and 50% AMI. All units will also accept housing choice vouchers. - Building 1 consists of six 2-bedroom units and six 3-bedroom units. Building 2 consists of eight 3-bedroom units and four 4-bedroom units. And Building 3 consists of 48 1-bedroom units and 10 2-bedroom units. - The existing Deaverview Apartments Community Center and playground in the southeast corner of the site will be demolished to accommodate Building 3 and the parking lot to the north. - The existing driveway off of N. Bear Creek Rd will be shifted slightly north in order to serve the new and existing parking areas. - Maximum building height for multifamily buildings in the RES EXP district is 60’. The total building height of Buildings 1 and 2 in the southwest of the site is 32’ and the total building height of Building 3 in the southeast of the site is 42’-8”. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of the dwelling units are affordable at 80% AMI. The proposed 82 dwelling units will replace approximately half of the existing 160 units totals at Deaverview Apartments, resulting in a final unit density of 7.7 units/acre. - A total of 98 parking spaces are proposed, with 13 being handicap spaces. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 100/182. - The RES EXP district requires new 10 foot-wide sidewalks be constructed. The applicant is requesting a technical modification to install five foot-wide sidewalks with an eight foot-wide planting strip. The two segments in front of Buildings 1 & 2 and in front of Building 3 won’t connect until construction of the eventual second phase. - Front yard, rear yard, and side yard setbacks of 15 feet are proposed as is required in the RES EXP district. - Landscape requirements apply, including street tree, parking lot, building impact, property line buffer (Type A), and retaining wall screening. - The project is classified as “suburban” under the Tree Canopy Preservation standards and has a classification of “Class C”. The existing canopy coverage (2018) is 38%. - Open space shall be required at a rate of 15% of the total parcel. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 30.6%. - The project is seeking technical modifications to development standards through the conditional zoning process including: - Sidewalks less than 10 feet in width; - 98 (including handicap) parking spaces instead of the 100 minimum required. Comprehensive Plan Consistency: - The proposed development supports a number of goals including encouraging responsible growth by prioritizing greater densities of development overall, throughout the city as appropriate (p. 131), by increasing the supply of housing, including affordable housing (pp. 179 & 183) in proximity to schools, transit and parks (pp. 246 & 251), and by promoting the development and availability of affordable and workforce housing by redeveloping the public housing stock (p. 183). - The proposed development is compatible with the Future Land Use designation of “Residential Neighborhood” which is proposed, in part, that “residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of smallscale infill housing” (p. 346). Compatibility Analysis: - The small-to-medium density residential project is compatible with the: - Small-to-medium scale multifamily buildings located at the remainder of the Deaverview Apartments; - Medium-scale multi-family buildings, known as Westmore Apartments, found at the northern end of Westmore Dr; - Single-family houses located to the south and west of the project site; and, - Light-industrial and commercial uses, including warehousing and self-storage, located to the east of the project site.  Committee(s): - Technical Review Committee (TRC) - March 21, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - April 6, 2022 - approved, 4:0. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist explained the site plan of 3 buildings; 82 units; demolition of community center and playground; new driveway on Deaverview Road; shifted driveway on North Bear Creek Road; 98 parking spaces total; sidewalks 5’ wide with 8’ planting strip; and open space and tree preservation standards. The site plan for Buildings 1 and 2 will be: 3-story each; 12 units each; maximum height of 32’. Building 1 will be six 2-bedroom units and six 3-bedroom units. Building 2 will be eight 3-bedroom units and four 4-bedroom units. Building 3 will be 4-stories; 58 units; maximum height of 43’-8”; 2,000 square feet community amenity space; 48 one-bedroom units and 10 2-bedroom units. He then reviewed the building elevations. He then explained compliance with the Living Asheville Comprehensive Plan goals and the two different committee review processes. Highlighted technical modifications include (1) sidewalks less than 10 feet width; and (2) 98 (including handicap) parking spaces instead of the 100 maximum required. Other conditions include (1) all 82 units (100%) will be designated affordable for a minimum of 30 year to those earning an average of 60% Area Median Income, and will accept Housing Authority Housing Choice vouchers; and (2) 2,000 square feet of community amenity space will be provided in Building 3 in the southeast of the site. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Executive Director of the Housing Authority of the City of Asheville David Nash responded to several questions/comments raised by City Council regarding this conditional zoning, some being, but are not limited to: what is the transition plan for current residents in Deaverview; explanation of why the project is not conditioned to be affordable in perpetuity, noting that a funding request will be coming to Council on May 10 and a condition regarding that affordability could be made a part of the request; how many units are currently in Deaverview; will the new units be larger or smaller than the existing ones; how many units are proposed to be built with this conditional zoning; explanation why the sidewalks won’t be 10 feet; and why was this project not built as a purpose-built community. Because a funding request for Housing Trust Fund dollars will be reviewed by the City’s Housing & Community Development Committee on April 27 and then move to the full Council on May 10,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"continuance","sq":11},{"d":"2022-04-26","mt":"regular","id":"VI-A","ref":"ORD 4940","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2022-23 Fees & Charges Manual","desc":"Budget Manager Taylor Floyd said that this is the consideration of an ordinance establishing the fees and charges for Fiscal Year (FY) 2022-23. Background: - Fees and charges comprise approximately 30% of City-wide revenue and 8% of General Fund revenue. - The fee proposals summary provides detailed information for proposed fee adjustments submitted during this year’s annual budget process. - There are recommended changes to fee adjustments introduced after the Finance & Human Resource Committee consideration and vote: - Parks & Recreation: Reductions in deposits and fees for community center multi-purpose rooms are intended to increase affordability and access. Additionally there are minor increases in fees for the use of other facility amenities. - Development Services: Due a recent court ruling, more analysis needs to be performed regarding the assessment of homestay permit fees. Until that determination can be made, the change to the homestay permit fees are no longer included for consideration. - Notable changes that would impact City households are outlined below: - The Stormwater Utility fee has not been increased in the last two fiscal years. Additional revenue from this fee increase would be used to support additional staff resources and capital funding to ensure continued compliance with mandates. - The Solid Waste fee has not been increased in 6 years. Additional revenue from this fee increase would be used to support recycling and other waste diversion efforts, and increase efficiency and reliability of this service. - Staff is recommending adoption of year two of the multi-year rate adjustment plan for the Water Resources Fund, which is designed to recover revenue lost as a result of the elimination of the Water Capital Improvement Plan (CIP) fee in 2020. - Revenue from Water rate adjustments will allow the City to meet coverage ratios that debt rating agencies, such as Standard & Poor’s and Moody’s, use to evaluate the credit worthiness of the water system, which will be important as the Water department moves ahead with the upcoming meter replacement project. - Typical household impact of major fee changes: Fee Bi-Monthly Bill Increase Annual Increase Solid Waste $ 4.00 $ 24.00 Stormwater (Tier 2) $ 1.53 $ 9.18 Water (6 CCFs/month) $ 4.92 $ 29.52 Total $ 10.45 $ 62.70 - Other minor changes recommended for adoption include adjustments to fees and charges for: - Event application and facility usage fees - Development-related fees - Traffic control materials and services - Parking lots and meters - Water development fee - All recommended fee adjustments would become effective July 1, 2022. Committee(s): - Finance & Human Resources Committee - March 22, 2022 - unanimously recommended to move forward to full Council with the exception of changes to event application and Pack Square Park rental fees recommended with 2-1 vote, and Parks and Recreation fees which were not presented to the committee. - Water system development fees (which were unanimously recommended) will be coming to City Council for consideration at a later date due to statutorily required steps that require additional time to complete. Pros: - Provides an opportunity to recover the cost of services from those that directly utilize or benefit from the service where appropriate, reducing the financial burden of City services on taxpayers. - Provides additional revenue to help balance the FY 2022-23 budget. - Allows staff to begin communicating fee changes to citizens, customers, and stakeholders so they are aware of changes that will be implemented on July 1. Con: - An increase in the cost to utilize city services that may adversely impact low to moderate income households. Fiscal Impact: - Additional revenue for each proposal is shown in the Fee Proposals Summary. Mr. Floyd said that the following fees & charges were recommended by the Finance & Human Resources Commission on March 22 with a 3-0 vote - water; stormwater; solid waste; and minor changes to development, parking, code enforcement, and traffic control fees. Changes to the event application and the Pack Square Park rental fees were recommended with a 2-1 vote. Regarding the water fee recommendation (1) need to continue to recover revenue lost from capital fee in order to maintain credit rating and debt service coverage; (2) minimized burden on customers by spreading revenue recovery over time; and (3) staff is recommending an increase to both the volumetric charges and base charges for most customers. Regarding the stormwater fee recommendation and using a chart, he said (1) Asheville’s stormwater system has significant maintenance and capacity needs; (2) stormwater fee was last increased in Fiscal Year 2020; and (3) additional funding is needed to address existing needs, meet service expectations, and achieve stated goals. Regarding the sanitation fee recommendation (1) new investment in this core City service has been minimal for a number of years, the last fee increase was approved in Fiscal Year 2017; (2) it is challenging to maintain existing service levels without additional resources; and (3) staff is recommending a $2.00/month increase to the solid waste fee. Other recommended fee changes include (1) event application and facility usage; (2) development-related; (3) noise ordinance enforcement; (4) traffic control materials and services; (5) right-of-way closure; (6) hourly/flat rates for parking lots; and (7) daily use of metered parking. Changes since the Committee voted on March 22 include (1) water system development fees on a separate timeline statutorily required steps; (2) removed fee changes related to homestay permits due to recent court decision; and (3) Parks & Recreation facility rental changes (a) reduce fees charged for rental of community center spaces; and (b) add fee for gym floor covering and extending rental hours. In summary, the additional revenues from adopted fee changes will be  incorporated into the proposed budget. The adopted fee changes will be effective on July 1, 2022. There was discussion regarding the proposed fees and charges, with some of the following comments/questions being addressed: concern and justification that water residential rates are higher than commercial rates; request that information regarding the water fee increase be included in the water bills; explanation of the history of the water rates since removal of the water capital fee; and explanation of why the event application and Pack Square Park rental fees were not unanimously recommended for approval by the Finance & HR Committee. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":1,"mr":"contested vote","sq":12},{"d":"2022-04-26","mt":"regular","id":"VI-B","ref":"RES 22-79","it":"resolution","t":"Resolution to approve the City of Asheville 2022 Legislative Short Session Agenda","desc":"City Attorney Branham said that this is the consideration of adoption of the 2022 Short Session Legislative Agenda and direction to share with Asheville’s Local Delegation. Background: - The 2022 legislative short session of the North Carolina General Assembly will commence on May 18th of this year. - The deadline for filing local bills with the legislative drafting office is May 9th. - Historically, the City Council has adopted a legislative agenda to provide direction to our local delegation on those priorities for local or general legislation which the City wishes to pursue.  Committee(s): - Governance Committee - unanimously recommended to move forward to City Council Pro(s): - Provides direction to our local delegation on Council’s legislative priorities, and serves as a starting point for presentation of potential general and local acts which would benefit the City. Con(s): - None. Fiscal Impact: - None.  City Attorney Branham reviewed the requests: (1) Reform the Local Occupancy Tax Utilization - Support legislation to amend or reform Session Law 2015-128 to direct a more equitable distribution of funds collected, expand the allowable uses of the funds to benefit the community, and increase the spectrum of qualified TDA board membership to allow for broader and more representative community engagement. The City of Asheville would also request that consideration be given to amending the committee guidelines for occupancy tax expenditures such that a distribution of at least 50% of collected funds be dedicated towards addressing local needs such as infrastructure and equity concerns. Finally, the City of Asheville would specifically request that allowances for membership be provided for community members working in the arts and entertainment industry, tourism based service workers, and those owning and operating short term rental or homestay properties; (2) Oppose Legislation that Would Limit Reasonable Regulation of Short Term Vacation Rentals - Oppose legislation which would strip municipalities of the ability to reasonably regulate residential properties being utilized as short term vacation rentals; (3) Support for State and Local Reparations Efforts - Support legislation that would empower local governments, remove barriers, and provide funding to support reparations at the state and local level; (4) Support New Legislation and State Funding to Encourage Development of Affordable Housing - Support legislation that would create new or increased incentives and subsidies for the development of affordable housing, especially in the State’s largest metropolitan areas where this issue is most dire; (5) Authority to Conduct a Referendum on a 1/4 cent Sales Tax for Transit - Support legislation to provide authority for Asheville, or general legislation to empower cities throughout the State, to conduct a local referendum on the institution of a municipality specific quarter cent sales tax to fund public transit; (6) Support State Funding to Provide a Cost of Living Increase for members of the Local Governmental Employees’ Retirement System - Support legislation that would provide State level funding for a cost of living increase to members of the Local Governmental Employees’ Retirement System; and (7) Authority for Electronic Meetings - Support legislation to make clear authority for electronic meetings permanent and usable at the discretion of local governments. At the request of Councilwoman Kilgore, Mayor Manheimer said that the legislative request for authority to conduct a referendum on a ¼ cent sales tax for transit would be voted on separately. Councilwoman Kilgore felt that we need to expand transit into the County in order to make it effective and since Buncombe County already has that authority to put it to a referendum, we should work with them so that the tax would be distributed to all County residents, not just City of Asheville residents. Councilwoman Roney recommended the legislative request regarding authority to conduct a referendum on a 1/4 cent sales tax for transit be amended as follows: “Support legislation to provide authority for Asheville, or general legislation to empower cities throughout the State, to conduct a local referendum on the institution of a municipality specific quarter cent sales tax to fund public transit with specific exemptions for the purchase of groceries, gas, and prescription medications.” When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2022-04-26","mt":"regular","id":"VI-B-amend","ref":"RES 22-79","it":"motion","t":"Amendment to include request for authority to conduct a referendum on a 1/4 cent sales tax for transit","desc":"City Attorney Branham said that this is the consideration of adoption of the 2022 Short Session Legislative Agenda and direction to share with Asheville’s Local Delegation. Background: - The 2022 legislative short session of the North Carolina General Assembly will commence on May 18th of this year. - The deadline for filing local bills with the legislative drafting office is May 9th. - Historically, the City Council has adopted a legislative agenda to provide direction to our local delegation on those priorities for local or general legislation which the City wishes to pursue.  Committee(s): - Governance Committee - unanimously recommended to move forward to City Council Pro(s): - Provides direction to our local delegation on Council’s legislative priorities, and serves as a starting point for presentation of potential general and local acts which would benefit the City. Con(s): - None. Fiscal Impact: - None.  City Attorney Branham reviewed the requests: (1) Reform the Local Occupancy Tax Utilization - Support legislation to amend or reform Session Law 2015-128 to direct a more equitable distribution of funds collected, expand the allowable uses of the funds to benefit the community, and increase the spectrum of qualified TDA board membership to allow for broader and more representative community engagement. The City of Asheville would also request that consideration be given to amending the committee guidelines for occupancy tax expenditures such that a distribution of at least 50% of collected funds be dedicated towards addressing local needs such as infrastructure and equity concerns. Finally, the City of Asheville would specifically request that allowances for membership be provided for community members working in the arts and entertainment industry, tourism based service workers, and those owning and operating short term rental or homestay properties; (2) Oppose Legislation that Would Limit Reasonable Regulation of Short Term Vacation Rentals - Oppose legislation which would strip municipalities of the ability to reasonably regulate residential properties being utilized as short term vacation rentals; (3) Support for State and Local Reparations Efforts - Support legislation that would empower local governments, remove barriers, and provide funding to support reparations at the state and local level; (4) Support New Legislation and State Funding to Encourage Development of Affordable Housing - Support legislation that would create new or increased incentives and subsidies for the development of affordable housing, especially in the State’s largest metropolitan areas where this issue is most dire; (5) Authority to Conduct a Referendum on a 1/4 cent Sales Tax for Transit - Support legislation to provide authority for Asheville, or general legislation to empower cities throughout the State, to conduct a local referendum on the institution of a municipality specific quarter cent sales tax to fund public transit; (6) Support State Funding to Provide a Cost of Living Increase for members of the Local Governmental Employees’ Retirement System - Support legislation that would provide State level funding for a cost of living increase to members of the Local Governmental Employees’ Retirement System; and (7) Authority for Electronic Meetings - Support legislation to make clear authority for electronic meetings permanent and usable at the discretion of local governments. At the request of Councilwoman Kilgore, Mayor Manheimer said that the legislative request for authority to conduct a referendum on a ¼ cent sales tax for transit would be voted on separately. Councilwoman Kilgore felt that we need to expand transit into the County in order to make it effective and since Buncombe County already has that authority to put it to a referendum, we should work with them so that the tax would be distributed to all County residents, not just City of Asheville residents. Councilwoman Roney recommended the legislative request regarding authority to conduct a referendum on a 1/4 cent sales tax for transit be amended as follows: “Support legislation to provide authority for Asheville, or general legislation to empower cities throughout the State, to conduct a local referendum on the institution of a municipality specific quarter cent sales tax to fund public transit with specific exemptions for the purchase of groceries, gas, and prescription medications.” When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Roney","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":1,"mr":"contested vote","sq":14},{"d":"2022-04-26","mt":"regular","id":"VI-C","ref":"RES 22-80","it":"resolution","t":"Resolution to amend the assignment of the real estate contracts for 148-150 River Ford Parkway to Shangri-La Industries","desc":"Director of Economic Development Nikki Reid said that this is the consideration of a resolution to amend the assignment of the real estate contracts for property on 148-150 River Ford Parkway to Shangri-La Industries, Inc. by waiving the reimbursement of $79,500 in due diligence costs for the purposes of creating permanent supportive housing. Background: - Last year, the City entered into a contract to purchase real estate at 148 and 150 River Ford Parkway, however the City did not move forward with the purchase. - Alternatively, on December 14, 2021 City Council authorized the assignment of its contract to purchase the property to ShangriLa Industries, Inc. (ShangriLa). - ShangriLa, in partnership with Step Up, Inc., plans to purchase the property and renovate the hotel for permanent supportive housing for 100+ chronically homeless individuals and veterans. - After consulting with the U.S. Department of Housing and Urban Development (HUD), it is now clear that a full federal Environmental Assessment is needed prior to a real estate transaction of the property, which has resulted in a 90 day delay in the real estate closing. - ShangriLa has, therefore, asked for a 90 day extension from the property owners, which is costing them $250,000 in additional earnest money and a daily rate of $2,500 in lost revenue for the hotel. - ShangriLa has also shared that increasing construction costs are impacting their financial model for the renovations. - ShangriLa has inquired if the City would be able to help mitigate these additional costs. - To assist, the City has the ability to waive reimbursements from the closing in the amount of $79,500 that ShangriLa had previously agreed to pay to the City in December as part of the assignment. - These expenses represent the City’s sunk costs that were spent to secure and perform its due diligence on the Ramada property, prior to the involvement of ShangriLa. - These expenses include option fees paid to the seller that were applicable to the purchase price and fees paid for surveys, Phase One environmental, property inspections and appraisals. - The reimbursements were to be paid at the real estate closing and waiving this requirement will enable cost savings that will ultimately assist in finalizing the extension for the real estate closing.  Committee(s): - None Pro(s): - Creates needed permanent supportive housing units - Leverages new investment of private-sector resources and national expertise Con(s): - None Fiscal Impact: - The City will forgo reimbursements of due diligence and pursuit costs that were spent from the Affordable Housing Capital Improvement Program (CIP) funds on the real estate acquisition at Ramada - $44,500 in due diligence, including appraisals, environmental reviews, surveys, property inspections, etc. - $35,000 in non-refundable deposits to the seller There was considerable discussion surrounding the disappointment of the majority of Council regarding this waiver of the reimbursement request. Ms. Reid explained that these costs were sunk costs for due diligence associated with the City's initial intent to acquire the property and that a reimbursement was not expected until ShangriLa offered to pay the costs as part of the contract assignment. Given the current need and extra costs for an extension to the closing date, the City's ability to waive the reimbursement can support the need for permanent supportive units in our community. Jonathan Wainscott was opposed to this action and hoped we are sending a message that the City does not negotiate in these ways. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":1,"mr":"contested vote","sq":15},{"d":"2022-04-26","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":16},{"d":"2022-04-26","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jMyQ7AfjP9MYGbc_jNupo7va6Rtyl-j3/view?usp=sharing","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2022-05-10","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the worksession held April 25, 2022 and the regular meeting held April 26, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-05-10","mt":"regular","id":"II-B","ref":"RES 22-81","it":"resolution","t":"Resolution supporting the N.C. Dept. of Transportation in funding, designing, and constructing pedestrian improvements at the I-240/Charlotte Street","desc":"Background: - Project HL-0012 is currently listed in the NCDOT 2020-2029 State Transportation Improvement Program (STIP) at a total estimated construction cost of $1,238,000. - The scope of work includes pedestrian signals, crosswalks, and a right-turn lane along the eastbound off-ramp. - The project is currently funded with Federal and State funds totaling $1,400,000. - Additional funds in the amount of $400,000 are needed to deliver the project as scoped. - The NCDOT proposes to use the High Impact Low Cost program (State funds) for the additional funds. - Any project that uses High Impact Low Cost program funds and exceeds a total project cost of $250,000 requires a resolution of support from the appropriate local government entity.  Committee(s): - Multi Modal Transportation Commission - April 27, 2022 - Approved unanimously Pro(s): - Provides much needed pedestrian improvements (pedestrian signals and crosswalks) at two busy intersections. - Provides a right-turn lane along the eastbound off-ramp to minimize traffic backup on the interstate. - The increase does not affect funding for any other local projects. Con(s): - None Fiscal Impact: - There is no fiscal impact to the city.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-05-10","mt":"regular","id":"II-C","ref":"RES 22-82","it":"resolution","t":"Resolution authorizing a contract amendment with S&S Management Group (d/b/a GuardOne Security) for security guards at city parking facilities","desc":"Background: - The City awarded a three-year contract to S & S Management Group, LLC (dba GuardOne Security) in 2018 as a result of a competitive bid (298-002 2019 PS) for security services at City of Asheville parking facilities; the contract provided for up to three one-year-each renewal periods. - The last (third) renewal of the subject contract will expire on June 30, 2022. - As of mid-April 2022, all approved City of Asheville Security Guard positions are vacant; the Contractor has provided additional security services beyond what was originally anticipated (hours/week) to offset the vacancies. - Parking Services aims to release a competitive bid for security services at City of Asheville parking facilities in late April 2022, with the anticipated start date for an awarded Contractor to be July 1, 2022. - Parking Services is also currently recruiting for several vacant positions, including Security Guards. - The requested contract extension and increased contract value will allow the City to maintain appropriate security services in the event that (1) a new contract is awarded and  the selected vendor may be unable to begin services on July 1, 2022, and/or (2) that existing Parking Services positions remain vacant for a period of time - both of these scenarios are possible given current economic conditions. Vendor Outreach Efforts: - No new efforts. - The existing contract with S & S Management Group, LLC (dba GuardOne Security) was issued in 2018 as the result of a competitive advertisement and selection process.  Committee(s): - None Pro(s): - This action will allow continuity of security services within City of Asheville parking facilities. Con(s): - Failure to take this action will risk a lack of security services within City of Asheville parking facilities. Fiscal Impact: - Funding for this contract amendment is included in the adopted Parking Services Fund Budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-05-10","mt":"regular","id":"II-D","ref":"RES 22-83 / RES 22-84","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with Wooten Company for the Wall Street and Rankin Avenue garage elevator","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-05-10","mt":"regular","id":"II-E","ref":"RES 22-85","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with J. Bartholomew","desc":"Background: - Magnolia playground, originally installed in the late 1990’s, has surpassed the normal longevity of equipment and is currently in need of replacement. - The park is located at 51 Magnolia Ave in the Five Points area. - This project replaces the existing equipment, trike track, basketball court, provides new lighting, new site furnishings and creates a new accessible neighborhood entry. - Construction is estimated to begin in June and last until fall. - Base bids received on April 14th, 2022 - J. Bartholomew Construction, Hendersonville, $193,550 - Patton Construction Group, Inc. of Asheville, $243,250 - Moore & Son Site Contractors of Mill River, $523,323 - Alternates include replacing asphalt with concrete and colored concrete are all accepted for an additional $6,400, for a total of $199,950 construction costs. - J Bartholomew was the lowest responsive, responsible bidder Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor.  Committee(s): - None Pro(s): - New equipment and safety surfacing will provide a safer play environment. - Revamping the park will reduce maintenance of failing elements Con(s): - The playground will be closed during construction. Fiscal Impact: - Funding for this contract is already included in the adopted Capital Improvement Program (CIP).","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-05-10","mt":"regular","id":"II-F","ref":"RES 22-86 / ORD 4941","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Artisan Concrete Services (d/b/a Artisan Skateparks) for the Asheville skatepark; with budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-05-10","mt":"regular","id":"II-G","ref":"RES 22-87","it":"resolution","t":"Resolution authorizing the Mayor to execute a contract with PBMares, LLP, for auditing city accounts for fiscal year ending June 30, 2022","desc":"Background: - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission. - Staff recommends retaining the services of PBMares, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2022. - The estimated cost for fiscal year 2021-2022 audit includes a base fee of $103,080, which covers 900 hours of audit work; and a $150 per audit hourly fee for each hour over 900 hours up to a maximum total of 25% of the base fee ($25,770), for a maximum total fee of $128,850. - The previous years’ fees, which only included base fees, were as follows: - 2020-2021: $100,640 - 2019-2020: $98,200 - 2018-2019: $95,760 - Execution of this contract complies with the Audit Policy portion of City Council’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the fifth consecutive year of contracting with the same auditors so staff will be conducting a competitive bid process in the upcoming fiscal year prior to the next audit. Vendor Outreach Efforts: - No competitive bid process was conducted this year. Council Goal: - Financially Resilient City Committee:: - No prior Committee approval. - Final audit results are presented annually to the Audit Committee. Pro: - Contracting with PBMares, LLP aligns with City Council’s financial policy and will help ensure the timely and successful completion of the annual audit. Con(s): - None Fiscal Impact: - The maximum total fee amount of $128,850 for the annual audit is budgeted in the Internal Audit operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-05-10","mt":"regular","id":"II-H","ref":"RES 22-88","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with Passport Labs, Inc. for new enforcement tools","desc":"Background: - In March 2021, the City of Asheville entered into a contract with Passport Labs, Inc., in the amount of $89,000.00 to provide parking enforcement management services; - The contract was entered into via a contract for goods and services as issued by the National Cooperative Purchasing Alliance (NCPA); - Purchases made via the NCPA are exempt from the Asheville Business Inclusion (ABI) Policy; - The cooperative agreement was competitively advertised and awarded to Passport Labs, Inc.; - Passport Labs has provided these services to the City continuously to-date, and the recommended contract renewal/amendment will allow the City to utilize several new enforcement tools, including license plate based enforcement of time-limited spaces, and a Web-based parking permit management platform. - This contract is not related to the contract with Flash Parking for the parking access and revenue control systems (PARCS) within City-operated parking garages. Vendor Outreach Efforts: - No new efforts. - The existing contract with Passport Labs, Inc. was issued in March of 2021 as a result of a competitive nationwide advertisement and selection process.  Committee(s): - None Pro(s): - This action will allow continuity of parking enforcement services within the City of Asheville. Con(s): - Failure to take this action means that continuity of existing parking enforcement services cannot be provided. Fiscal Impact: - The funding source for this contract amendment is included in the Parking Services Division’s Enterprise Operating Budget; the first year of the renewal is expected to cost $141,000.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-05-10","mt":"regular","id":"II-I","ref":"RES 22-89","it":"resolution","t":"Resolution authorizing the sale of three backhoes and one street sweeper deemed surplus city personal property","desc":"Background: - The City’s Water Maintenance Department identified three (3) John Deere Backhoes as surplus personal property, with no anticipation of future utilization by the City. - The City’s Stormwater Division identified one (1) 2005 Freightliner Street Sweeper as surplus personal property, with no anticipation of future utilization by the City. - The 2009 John Deere 410J Backhoe sold for $36,500 on April 18, 2022. - The 2002 John Deere 410G Backhoe, 2006 John Deere 410G Backhoe, and 2005 Freightliner Street Sweeper are expected to sell for more than $30,000. - Each of these assets have reached the end of their useful life based on age and maintenance needs. - Equipment and vehicles that exceed their economic lifespan increase downtime and operational costs, and decrease productivity and resale value. - While these assets have reached the end of their usable life, there are parts and components that have value and can be salvaged and/or repurposed. - All bids are solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale. Vendor Outreach Efforts: - Not Applicable  Committee(s): - None Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price Con(s): - None Fiscal Impact: - The only fiscal impact will be the revenue collected from the sale - The Water Resources Fund and the Stormwater Fund will recognize the revenue from the sale of their respective assets.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-05-10","mt":"regular","id":"II-J","ref":"RES 22-90","it":"resolution","t":"Resolution authorizing the City Manager to execute construction and associated cost amendments with Weaver Cooke Construction","desc":"2,360,000.00 in order to complete the construction of Asheville City Hall Elevator Modernization project. Background: - On August 25, 2020, City Council authorized the City Manager to enter into a Design-Build contract with Weaver Cooke Construction and to execute any associated cost amendments up to a total of $2,304,831.00. - The historic elevators are 94 years old Historic City Hall Elevators have been an identified priority project for many years. - The elevators are manually operated, and are the main transportation for staff and the public in City Hall. - The elevators had on-going mechanical issues which made them difficult and expensive to maintain. - The elevators did not meet current safety standards. - Historic qualities will be preserved in the execution of the improvements. - Per City Council Resolution No. 17-09, City Hall is noted as a Landmark historic structure, with specific references to the elevators. - The Historic Resource Commission has issued a Certificate of Appropriateness for this as a Major Work project. - The Design-Build delivery method was approved by the City Manager in January 2020 per the requirements of NC G.S. 143-128.1A and City Council Resolution No. 16-45. - The project began in the summer of 2021 and is 70% complete. - Elevator #1 is expected to return to service by late May 2022, fully restored & modernized. - Work has proven more complex than anticipated due to the age of the building, and equipment, and further complicated by recent supply chain and related logistical issues. - The additional funding is required to cover costs for additional unforeseen expenses, and for additional historic preservation items. - This amendment increases the City Manager’s authority to a revised total of $2,360,000.00. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The Design-Build delivery method allows the City to accept bids from subcontractors other than the lowest bid. - MWBE participation is anticipated to be $119,221.00, or 5.04% which exceeds the City’s goal of 4.6% for construction.  Committee(s): - None Pro(s): - The amendment allows for the completion of the project. Con(s): - None  Fiscal Impact: - Funding for this contract and any cost amendments up to a total of $2,360,000.00 is already included in the project budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-05-10","mt":"regular","id":"II-K","ref":"RES 22-91 / ORD 4942","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Dogwood Health Trust to accept funding for a contract with a homeless services consultant; with budget amendment","desc":"","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-05-10","mt":"regular","id":"IV-B","ref":"ORD 4943","it":"public_hearing","t":"Public hearing to conditionally zone 21 & 99999 Governors View Rd","desc":"Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 21 & 99999 Governor’s View Road from River District to Residential Expansion/Conditional Zone. This public hearing was advertised on April 26 and May 6, 2022. … 25.6 units/acre. - The project proposes access via two new vehicular driveways from Governors View Rd. - A total of 73 parking spaces are proposed, which is more than the minimum required number of 70 total spaces (1 per unit). - The RES EXP district requires new 10 foot-wide sidewalks be constructed. - The project proposes 5’-wide sidewalks with a 10’-wide planting strip along Governors View and Swannanoa River Roads. Internal sidewalks throughout the site will be 5’-wide, with the exception of the sidewalk in front of the building’s main entrance and the connection to Governors View Rd, which will be 10’-wide. - The existing bus stop along the property’s frontage on Swannanoa River Rd will be relocated less than 200’ to the west. - A new shelter and wheelchair landing pad will also be constructed. - A walkway from the building will be constructed and connect to the sidewalk and bus stop. - Front yard, rear yard, and side yard setbacks of 15 feet are proposed as is required in the RES EXP district. - Landscape requirements apply, including street tree, parking lot, building impact, property line, and retaining wall screening. - The required street trees along Swannanoa River Road will be located to the east of the building, due to the presence of the existing 30’-wide MSD sewer easement along the frontage of Swannanoa River Road. - This easement prevents placement of street trees between the road frontage and the retaining wall. - The project is classified as “multi-family urban” under the Tree Canopy Preservation standards and has a classification of “Class B”. - The Project is requesting a technical modification from the required 15% new tree canopy to 4% new tree canopy. - The proposed 4% new tree canopy is the maximum amount of planting possible on the site due to other landscaping requirements and the presence of underground utilities and utility easements. - Open space shall be required at a rate of 500 s.f. per unit (35,000 s.f. total) with at least one 7,000 s.f. area that provides a park or plaza-type features. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 50.5% - The project is seeking technical modifications to development standards through the conditional zoning process including: - 5’-wide sidewalks instead of the required 10’-wide standard. - 10’ sidewalks are provided for an accessible route from the building frontage to Governors View Rd. - A reduction in Tree Canopy Preservation area from 15% to 4%. - No bike lanes into the development. - Relocation of required street trees along Swannanoa River Road to the east of the building, due to the presence of the existing MSD sewer easement along the frontage of Swannanoa River Road. Comprehensive Plan Consistency: - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan including encouraging responsible growth by prioritizing greater densities of development overall, throughout the city as appropriate, by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks, and by eliminating gaps in the city-wide sidewalk network and especially where sidewalks tie in to greenways.. - The proposed development is compatible with the Future Land Use designation of “Urban Corridor” which is described, in part, as “Over time urban corridors could see infill  redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”. Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land uses, including: - Suburban commercial uses and light industrial uses to the east and west of the site, as well as to the south across the Swannanoa River; - The single-family residential to the north of the site, which will be buffered by the proposed street trees and parking lot; and, - The existing and proposed segments of the Swannanoa Greenway, which will be connected to the project with existing and proposed sidewalks.  Committee(s): - Technical Review Committee (TRC) - March 7, 2022 - approved with conditions. - Design Review Committee (DRC) - April 21, 2022 - approved unanimously (Vote: 7-0) with the following conditions: 1) That the building design articulate the heights of the proposed materials; 2) That the building design articulate the heights of the roof elements; and, 3) That the building design break up the massing of the east elevation. - Planning & Zoning Commission (PZC) - May 4, 2022 - approved (Vote: 5-1) with the following conditions: 1) That the applicant work with NCDOT and the City’s Transportation Department to seek if improvements can be made to the visibility of existing crosswalks and the timing of the pedestrian crossing phase at the intersection of Swannanoa River Rd and Bleachery Blvd; 2) That the applicant work with the Design Review Committee through informal review(s) to further improve the design of the building; and, 3) That the required Tree Canopy Preservation be reduced from 15% to 4% and waiving the fee in lieu. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Urban Planner Will Palmquist reviewed the site plan: new 4-story multi-family building; 70 affordable senior-living units; two new driveways on Governor’s View Road; 73 parking spaces total; sidewalks being 5’-wide with 10’-wide planting strip on franges - 5’ to 10’-wide internal; improved bus stop to shelter on Swannanoa River Road; landscaping and open space standards; and tree canopy preservation technical modification (15% to 4%). He reviewed the building elevations, along with the building perspective. He explained how the project complies with the Living Asheville Comprehensive Plan, along with the three committee review processes and their approvals with recommendations. He highlighted the technical modifications (1) 5’-wide sidewalks instead of the required 10’ standard - 10’ sidewalks are provided for an accessible route from the building frontage to Governor’s View Road; (2) a reduction in Tree Canopy Preservation area from 15% to 4%; (3) no bike lanes in the development; and (4) relocation of required street trees along Swannanoa River Road to the east of the building. Other project conditions include (1) all 70 units (100%) will be designated affordable for a minimum of 30 years to those earning an average of 60% Area Median Income, and will accept Housing Choice vouchers; (2) that the applicant work with the N.C. Dept. of Transportation and the City’s Transportation Department to seek if improvements can be made to the visibility of existing crosswalks and the timing of the pedestrian crossing phase at the intersection of Swannanoa River Road and Bleachery Boulevard; and (3) that the applicant work with the Design Review Committee through informal review(s) to further improve the design of the building. Staff concurs  with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Discussion was held, with several questions/comments being responded to by Mr. Palmquist. Some questions/comments being, but are not limited to: is there a difference between requiring street trees, parking lot trees and the Tree Canopy Preservation; reason for the Tree Canopy Preservation reduction request from 15% to 4% and waiving the fee in lieu; is the 5’ wide sidewalks Americans with Disabilities Act compliant; suggestion that if developers meet certain criteria (less than established criteria now) that only a review on a staff level be required; no bike lanes planned now, but we need to think about the future; and was there any conversation about only waiving half of the fee in lieu. Councilwoman Roney supported a commercial and residential community benefits table (similar to the hotel benefits table) that would help us reach for a renewable energy plan for these units, along with other benefits, so that developers know what to expect and not have to come through this process. Councilwoman Turner suggested a community benefits table for conditional zoning. Mayor Manheimer outlined the challenge of more trees on the site. Councilwoman Roney would support this conditional zoning because we deeply need affordable housing, but she suggested we have a plan for renewable energy sources in developments. Mayor Manheimer opened the public hearing at 6:44 p.m., and when no one spoke, she closed the public hearing at 6:44 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2022-05-10","mt":"regular","id":"IV-C","ref":"ORD 4944","it":"public_hearing","t":"Public hearing to consider conditional zoning of 275 Deaverview Rd","desc":"Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zoning 275 Deaverview Road from RM-16 Residential Multi-Family High Density District to Residential Expansion District/Conditional Zone. This public hearing was advertised on April 15 and 22, 2022. On April 26, 2022, this public hearing was continued to this date.  Project Location and Contacts: - The project site totals 20.69 acres located along Deaverview Rd (PIN 9628-46-1397). - Owner: Asheville Housing Authority Summary of Petition: - The property is currently zoned Residential Multi-family High Density (RM-16) and is designated “Residential Neighborhood” on the city’s Future Land Use (FLU) Map. A change in the FLU designation will not be required. - New building construction includes two 3-story buildings with 12 units each (identified as Buildings 1 and 2 on the site plans), and one 4-story building with 58 units and common amenity space (identified as Building 3 on the site plans) for a total of 82 dwelling units. - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion (RES EXP) district is required. - All 82 units (100%) will be designated affordable in perpetuity. - All 82 units (100%) will be designated affordable to those earning an average of 60% Area Median Income (AMI). The owner may choose to do income averaging which often ranges from 30% AMI to 80% AMI, but averaging 60% AMI or less. All units will also accept housing code vouchers. - Building 1 consists of six 2-bedroom units and six 3-bedroom units. Building 2 consists of eight 3-bedroom units and four 4-bedroom units. And Building 3 consists of 48 1-bedroom units and 10 2-bedroom units. - The existing Deaverview Apartments Community Center and playground in the southeast corner of the site will be demolished to accommodate Building 3 and the parking lot to the north. - The existing driveway off of N. Bear Creek Rd will be shifted slightly north in order to serve the new and existing parking areas. - Maximum building height for multifamily buildings in the RES EXP district is 60’. The total building height of Buildings 1 and 2 in the southwest of the site is 32’ and the total building height of Building 3 in the southeast of the site is 42’-8”. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of the dwelling units are affordable at 80% AMI. The proposed 82 dwelling units will replace approximately half of the existing 160 units totals at Deaverview Apartments, resulting in a final unit density of 7.7 units/acre. - A total of 98 parking spaces are proposed, with 13 being handicap spaces. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 100/182. - The RES EXP district requires new 10 foot-wide sidewalks be constructed. The applicant is requesting a technical modification to install five foot-wide sidewalks with an eight foot-wide planting strip. The two segments in front of Buildings 1 & 2 and in front of Building 3 won’t connect until construction of the eventual second phase. - Front yard, rear yard, and side yard setbacks of 15 feet are proposed as is required in the RES EXP district. - Landscape requirements apply, including street tree, parking lot, building impact, property line buffer (Type A), and retaining wall screening. - The project is classified as “suburban” under the Tree Canopy Preservation standards and has a classification of “Class C”. The existing canopy coverage (2018) is 38%. - Open space shall be required at a rate of 15% of the total parcel. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 30.6%. - The project is seeking technical modifications to development standards through the conditional zoning process including: - Sidewalks less than 10 feet in width; - 98 (including handicap) parking spaces instead of the 100 minimum required.  Comprehensive Plan Consistency: - The proposed development supports a number of goals including encouraging responsible growth by prioritizing greater densities of development overall, throughout the city as appropriate, by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks, and by promoting the development and availability of affordable and workforce housing by redeveloping the public housing stock. - The proposed development is compatible with the Future Land Use designation of “Residential Neighborhood” which is proposed, in part, that “residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of smallscale infill housing”. Compatibility Analysis: - The small-to-medium density residential project is compatible with the: - Small-to-medium scale multifamily buildings located at the remainder of the Deaverview Apartments; - Medium-scale multi-family buildings, known as Westmore Apartments, found at the northern end of Westmore Dr; - Single-family houses located to the south and west of the project site; and, - Light-industrial and commercial uses, including warehousing and self-storage, located to the east of the project site.  Committee(s): - Technical Review Committee (TRC) - March 21, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - April 6, 2022 - approved, 4:0. - City Council - April 26, 2022 - Public Hearing Continued until May 10, 2022 Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist explained the site plan of 3 buildings; 82 units; demolition of community center and playground; new driveway on Deaverview Road; shifted driveway on North Bear Creek Road; 98 parking spaces total; sidewalks 5’ wide with 8’ planting strip; and open space and tree preservation standards. The site plan for Buildings 1 and 2 will be: 3-story each; 12 units each; maximum height of 32’. Building 1 will be six 2-bedroom units and six 3-bedroom units. Building 2 will be eight 3-bedroom units and four 4-bedroom units. Building 3 will be 4-stories; 58 units; maximum height of 43’-8”; 2,000 square feet community amenity space; 48 one-bedroom units and 10 2-bedroom units. He then reviewed the building perspective. He explained compliance with the Living Asheville Comprehensive Plan goals and the two different committee review processes. Highlighted technical modifications include (1) sidewalks less than 10 feet width; and (2) 98 (including handicap) parking spaces instead of the 100 maximum required. Other conditions include (1) all 82 units (100%) will be designated affordable in perpetuity to those earning an average of 60% Area Median Income, and will accept Housing Authority Housing Choice vouchers; and (2) 2,000 square feet of community amenity space will be provided in Building 3 in the southeast of the site. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. In response to Councilwoman Roney, Mr. Palmquist explained the Housing Authority’s transition plan for current residents.  Councilwoman Roney mentioned her ongoing desire to see more renewable energy sources in developments. Mayor Manheimer opened the public hearing at 6:52 p.m., and when no one spoke, she closed it at 6:52 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2022-05-10","mt":"regular","id":"VI-A-ord","ref":"ORD 4945","it":"ordinance","t":"Budget amendment from American Rescue Plan Act funding to set up budgets for awards","desc":"ARPA Project Manager Kim Marmon-Saxe said that this is the consideration of approving a resolution authorizing the City Manager to execute agreements for the fulfillment of the American Rescue Plan Act funding recommendations; and a budget amendment in the City’s Special Revenue Fund in the amount of $11,723,257 from ARPA Funding to set up budgets for the awards. Background: - As part of the American Rescue Plan Act that was signed into law in March 2021, the City of Asheville was allocated $26.2 million designated as Coronavirus State and Local Fiscal Recovery Funds. - The U.S. Treasury Department is managing the distribution and oversight of these funds, and it is the City’s responsibility to make sure we adhere to their guidelines. - The City outlined guiding principles informed by previous community engagement efforts to identify funding categories to maximize the community impact of these grant funds. - City staff led a robust evaluation and scoring process based on city council approved categories and criteria, and Treasury designated allowable expenses. - The Request for Proposal (RFP) process, community questions and comments, staff evaluation process and feedback from the City Council led to the recommendations for funding.  Committee(s): - Full City Council work session 4/25/22 Pro(s): - The ARPA local government funding is a unique opportunity to make significant investments in addressing disparate impacts of the COVID-19 pandemic and to build future resilience of our communities in an equitable way. - At every stage of this process the City of Asheville has focused on ensuring successful outcomes, from initial selection of categories to development of the RFP to the evaluation process and discussion that led to this resolution. - Maintaining a focus on successful outcomes continues into the implementation phase. The influx of funds will undoubtedly benefit the community and aid in the recovery from the budgetary, economic, and financial impacts of the pandemic. - Allows the City to focus on partnerships in the community, along with capacity building, support and networking to build towards a collaborative future. Con(s): - None Fiscal Impact: - No City General Fund funding or other City-sourced funding is included in this budget amendment. - As noted in the tables below, the City has previously budgeted $8,386,212 in ARPA funding. - After approval of this budget amendment in the amount of $11,723,257, the City will have budgeted $20,109,469 in ARPA funding; unbudgeted ARPA funding will total $6,184,384. Proposal Title Organization Name Recommended Funding COA Inclusive and Accessible Government City of Asheville CAPE $514,120 Community Engagement for Equitable Response Young Men’s Institute Cultural Center (YMICC) $800,000 Southside Kitchen We Give A Share, Inc $90,000 Homeless Services Program Eliada Homes, Inc. $473,050 Litter & Cleanliness Program City of Asheville $500,000 HELP2Day Eagle Market Streets Development Corporation $143,128 Mobile Meals Expansion Food Connection Inc $221,676 Domestic Violence Intervention Program SPARC Foundation $153,483 Increasing Access to Affordable Housing Thrive Asheville $135,000 Modernization & upgrade Downtown restrooms City of Asheville $650,000  Emergency Shelter for Domestic Violence Survivors Helpmate $2,000,000 Mountain Community Capital Fund Expansion Mountain BizCapital, Inc. dba Mountain BizWorks $1,293,000 Continuum of Victims' Services The Mediation Center $900,000 Permanent Supportive Housing Expansion Project Homeward Bound of Western North Carolina $999,900 Equity & Resiliency Thru Affordable Homeownership Asheville Area Habitat for Humanity $600,000 Clean-Energy Upgrades for Low-Income Housing Green Built Alliance $250,000 Transformation Village Housing for Women & Children ABCCM $999,900 Housing & Income Stability Pisgah Legal Services $1,000,000 18 Total $ of initial recommended funding $11,723,257 Ms. Marmon-Saxe said the key takeaways are (1) the requested funding far exceeded the amount allocated to the City; (2) federal guidelines have been updated and are continuing to be interpreted; (3) robust evaluation and scoring process based on council approved categories and criteria; and (4) staff evaluation process and feedback from city council led to the recommendations. She then reviewed the timeline from January 6, 2022 to May 10, 2022. She said following up-to-date guidance from the Treasury, State, legal, management and staff, the proposed resolution is to fund $11,723,257 as eligible and allowable use of ARPA funds following the City’s guiding principles. The recommendation for $6 Million for revenue replacement funds (hold funds) for upcoming potential projects that have been previously discussed. The remaining funds for future awards from this Request for Proposals/other ARPA uses is $184,384. She said the next steps will be: (1) The City of Asheville is a sub-recipient of the ARPA monies and the successful RFP applicants in this resolution will become partners with COA to help achieve successful outcomes; (2) Subrecipient/partner contracts issue schedule created. Project structure and relationships set up and kick off meeting scheduled; (3) The sub recipients/partners information and progress will be monitored and added to the City of Asheville's quarterly reporting to the Treasury; and (4) The exacting reporting standards must be adhered to and provides an opportunity for collaboration, capacity building and learning together. In response to Councilwoman Turner, City Attorney Branham said that even though there may be additional revisions to the rules, the Treasury has allowed grants made under prior rules to stand. Ms. Marmon-Saxe responded to Councilwoman Roney when we asked how we are layering in our non-discrimination ordinance into our contracting for equity and inclusion. Ms. Marmon-Saxe also explained how staff will work with applicants to make sure that they are meeting their obligations. Councilwoman Roney acknowledged the many proposals not being funded for various reasons, and for transparency and accountability, she asked that staff post all the documents used to help Council make their decisions, noting that everyone understands that as new regulations were received, changes needed to be made.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and ordinance and they would not be read.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2022-05-10","mt":"regular","id":"VI-A-res","ref":"RES 22-92","it":"resolution","t":"Resolution authorizing the City Manager to execute agreements for the fulfillment of the American Rescue Plan Act funding recommendations","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"no material signals","sq":13},{"d":"2022-05-10","mt":"regular","id":"VI-B","ref":"RES 22-93","it":"resolution","t":"Resolution approving a request by the Housing Authority of the City of Asheville for GO affordable housing bond funds for the Deaverview Apartment project (as amended)","desc":"Urban Planner Sasha Vrtunski said that this is the consideration of a resolution authorizing the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville (HACA) in the amount of $1.2 million from General Obligation (GO) Affordable Housing Bond funds. Background: - The Reimagining Deaverview - Phase I will build 82 new affordable mixed-income housing units serving families earning between 10% and 80% of Area Median Income (AMI). - The majority of units will serve those below 60% AMI, and when averaged, incomes for the project will be below 60% AMI. - These units will replace 82 of the existing 160 units at Deaverview, but will allow residents who want to stay in the Deaverview community to move once and not experience any displacement during construction. - The total project cost is estimated at approximately $16.45 Million, and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.465 million. The developer fee for this project is within the limits set by NCHFA. - The Housing Authority originally requested $1.2 Million for the project, but has asked the City to raise that amount to $1.465 Million to cover the gap in funding. - 42 of the 82 units will continue to have deep subsidies, serving families below 50% of AMI. - HACA’s current families have an average income of just over $10,000 or 20% of AMI. - The City’s full funding of $1.2 million will fund eligible project costs including such costs as demolition of the community building, site work, infrastructure and construction at 275 Deaverview Road. - Though not a requirement of the City funding, requirements for HUD Davis Bacon (appropriate local prevailing wages from the US Department of Labor) & Section 3 (to the greatest extent possible, the developer will provide training, employment, contracting and other economic opportunities to low- and very low-income persons) will be followed in this redevelopment. - This funding is similar to past City/County/Housing Authority partnerships. - As a precedent, the City had previously partnered with the Housing Authority and Buncombe County on funding for Maple Crest at Lee Walker Heights. - The City utilized CIP, Fund Balance, and Affordable Housing Bond to facilitate a grant of funds. - This recommendation is similar to that situation in that it is a grant, and does not utilize the Housing Trust Fund. - The Housing Authority is seeking a grant of funds from both the City and the County to support their 9% tax credit application. Request - HACA has requested that the City’s funds be structured as a grant to HACA, which HACA will invest in the project consistent with Low Income Housing Tax Credit requirements. - City staff agrees based on the following: - City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal. - City funding is contingent on Buncombe County also agreeing to provide a grant of $935,286. - City funding is contingent upon HACA putting in $1.2M from their reserve fund. - $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit (which aligns with the subsidy level typically approved for the City’s HTF loans). - Per HACA, this project will provide affordability in perpetuity as is consistent with the Housing Authority’s mission. - The mission of the HACA is to provide safe, quality, and affordable housing, to expand available resources, and to collaborate with the community to create opportunities for resident self-reliance and economic independence. - HACA often houses our most vulnerable and hardest to house residents, and have been fulfilling this mission since 1940. - Given the low subsidy per unit to assist our very-low AMI residents and families, a guarantee of perpetual affordability, the importance of this neighborhood redevelopment and the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Committee(s): - Housing and Community Development Committee (HCD) - April 27, 2022 - approved 3-0.  Pro(s): - This funding supports 82 new affordable and replacement units that will be permanently affordable, a subsidy of $14,634 per unit, which represents a comparatively high value for the City subsidy given the target incomes being served by this development. - The development of these units will allow 82 households to move into new units without being displaced during construction (no demolition of existing units until there are new units available). - Aligns with the purpose of GO Housing Bonds in making progress on Affordable Housing Bond Projects. - The redevelopment of Deaverview Apartments, when considered in the context of the larger Deaverview area as a whole, will generate affordable mixed-income housing. - City funds will be used to fill the gap on a Low Income Housing Tax Credit (LIHTC) proposal and without these funds, the project would not be possible. - This redevelopment aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental housing affordable to 60% AMI and below. - While the funding is structured as a grant, draw requests, after the initial disbursement, will only be disbursed when sufficient work has been completed and verified by the City. Con(s): - None Fiscal Impact: - Approval of this request would reduce the existing balance of approximately $7.4M in available Affordable Housing bond funds to a remaining estimated balance of $6.2 Million. Ms. Vrtunski said that the Housing Authority is requesting $1.2 Million for Reimagining Deaverview Phase I from Affordable Housing Bond funds. Buncombe County has granted $935,826 towards the project. HACA is now requesting $1.465 Million to fill the gap in funding. Staff is recommending $1.2 Million for this project. The City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal. The City funding is also contingent on Buncombe County also contributing a grant to HACA. The $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit which aligns with subsidy level typically approved for the City’s Housing Trust Fund loans. This funding is similar to past City - County - Housing Authority partnerships i.e Maple Crest at Lee Walker Heights. Regarding the background, (1) The Reimagining Deaverview - Phase I will build 82 new affordable mixed-income units serving families earning between 10% and 80% of Area Median Income (AMI), withhhh incomes averaging below 60% AMI; (2) 51% of the units will serve those with incomes under 50% AMI; (3) These units will replace 82 of the existing 160 units at Deaverview; (4) Residents who want to stay in the Deaverview community can move into new units and not experience any displacement during construction; and (5) The total project cost is estimated at approximately $16.45 Million and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.2 million. The bedroom mix is 48 one bedroom units; 16 two bedroom units; 14 three bedroom units; and 4 four bedroom units. The AMI mix is 21 units - 30% AMI and below; 21 units - 50% AMI and below; and 40 units - 60% AMI and below. Given the low subsidy per unit to assist our very-low AMI families, a guarantee of affordability in perpetuity, the importance of the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Staff recommends approval of a motion that the Asheville City Council authorize the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville in the amount of $1.2 million according to the terms and conditions herein. Funding is contingent on the award of the 9% tax credits. Executive Director of the Housing Authority David Nash responded to various questions/comments from Council, some being, but are not limited to: are the residents aware that you may not be awarded the funds this year; what type of situation are the current Deaverview resident living in; confirmation that none of the housing developments currently have  central air conditioning; and confirmation of installation of a solar installation system for long-term renewability purposes on the rooftops.","c":"Housing","mo":"individual","mv":"Smith","sec":"Mosley","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":1,"mr":"contested vote","sq":16},{"d":"2022-05-10","mt":"regular","id":"VI-B-amend","ref":"RES 22-93","it":"motion","t":"Amendment to the motion approving HACA request for $1.465 million in GO affordable housing bond funds for the Deaverview Apartment project","desc":"Urban Planner Sasha Vrtunski said that this is the consideration of a resolution authorizing the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville (HACA) in the amount of $1.2 million from General Obligation (GO) Affordable Housing Bond funds. Background: - The Reimagining Deaverview - Phase I will build 82 new affordable mixed-income housing units serving families earning between 10% and 80% of Area Median Income (AMI). - The majority of units will serve those below 60% AMI, and when averaged, incomes for the project will be below 60% AMI. - These units will replace 82 of the existing 160 units at Deaverview, but will allow residents who want to stay in the Deaverview community to move once and not experience any displacement during construction. - The total project cost is estimated at approximately $16.45 Million, and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.465 million. The developer fee for this project is within the limits set by NCHFA. - The Housing Authority originally requested $1.2 Million for the project, but has asked the City to raise that amount to $1.465 Million to cover the gap in funding. - 42 of the 82 units will continue to have deep subsidies, serving families below 50% of AMI. - HACA’s current families have an average income of just over $10,000 or 20% of AMI. - The City’s full funding of $1.2 million will fund eligible project costs including such costs as demolition of the community building, site work, infrastructure and construction at 275 Deaverview Road. - Though not a requirement of the City funding, requirements for HUD Davis Bacon (appropriate local prevailing wages from the US Department of Labor) & Section 3 (to the greatest extent possible, the developer will provide training, employment, contracting and other economic opportunities to low- and very low-income persons) will be followed in this redevelopment. - This funding is similar to past City/County/Housing Authority partnerships. - As a precedent, the City had previously partnered with the Housing Authority and Buncombe County on funding for Maple Crest at Lee Walker Heights. - The City utilized CIP, Fund Balance, and Affordable Housing Bond to facilitate a grant of funds. - This recommendation is similar to that situation in that it is a grant, and does not utilize the Housing Trust Fund. - The Housing Authority is seeking a grant of funds from both the City and the County to support their 9% tax credit application. Request - HACA has requested that the City’s funds be structured as a grant to HACA, which HACA will invest in the project consistent with Low Income Housing Tax Credit requirements. - City staff agrees based on the following: - City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal. - City funding is contingent on Buncombe County also agreeing to provide a grant of $935,286. - City funding is contingent upon HACA putting in $1.2M from their reserve fund. - $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit (which aligns with the subsidy level typically approved for the City’s HTF loans). - Per HACA, this project will provide affordability in perpetuity as is consistent with the Housing Authority’s mission. - The mission of the HACA is to provide safe, quality, and affordable housing, to expand available resources, and to collaborate with the community to create opportunities for resident self-reliance and economic independence. - HACA often houses our most vulnerable and hardest to house residents, and have been fulfilling this mission since 1940. - Given the low subsidy per unit to assist our very-low AMI residents and families, a guarantee of perpetual affordability, the importance of this neighborhood redevelopment and the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Committee(s): - Housing and Community Development Committee (HCD) - April 27, 2022 - approved 3-0.  Pro(s): - This funding supports 82 new affordable and replacement units that will be permanently affordable, a subsidy of $14,634 per unit, which represents a comparatively high value for the City subsidy given the target incomes being served by this development. - The development of these units will allow 82 households to move into new units without being displaced during construction (no demolition of existing units until there are new units available). - Aligns with the purpose of GO Housing Bonds in making progress on Affordable Housing Bond Projects. - The redevelopment of Deaverview Apartments, when considered in the context of the larger Deaverview area as a whole, will generate affordable mixed-income housing. - City funds will be used to fill the gap on a Low Income Housing Tax Credit (LIHTC) proposal and without these funds, the project would not be possible. - This redevelopment aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental housing affordable to 60% AMI and below. - While the funding is structured as a grant, draw requests, after the initial disbursement, will only be disbursed when sufficient work has been completed and verified by the City. Con(s): - None Fiscal Impact: - Approval of this request would reduce the existing balance of approximately $7.4M in available Affordable Housing bond funds to a remaining estimated balance of $6.2 Million. Ms. Vrtunski said that the Housing Authority is requesting $1.2 Million for Reimagining Deaverview Phase I from Affordable Housing Bond funds. Buncombe County has granted $935,826 towards the project. HACA is now requesting $1.465 Million to fill the gap in funding. Staff is recommending $1.2 Million for this project. The City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal. The City funding is also contingent on Buncombe County also contributing a grant to HACA. The $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit which aligns with subsidy level typically approved for the City’s Housing Trust Fund loans. This funding is similar to past City - County - Housing Authority partnerships i.e Maple Crest at Lee Walker Heights. Regarding the background, (1) The Reimagining Deaverview - Phase I will build 82 new affordable mixed-income units serving families earning between 10% and 80% of Area Median Income (AMI), withhhh incomes averaging below 60% AMI; (2) 51% of the units will serve those with incomes under 50% AMI; (3) These units will replace 82 of the existing 160 units at Deaverview; (4) Residents who want to stay in the Deaverview community can move into new units and not experience any displacement during construction; and (5) The total project cost is estimated at approximately $16.45 Million and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.2 million. The bedroom mix is 48 one bedroom units; 16 two bedroom units; 14 three bedroom units; and 4 four bedroom units. The AMI mix is 21 units - 30% AMI and below; 21 units - 50% AMI and below; and 40 units - 60% AMI and below. Given the low subsidy per unit to assist our very-low AMI families, a guarantee of affordability in perpetuity, the importance of the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Staff recommends approval of a motion that the Asheville City Council authorize the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville in the amount of $1.2 million according to the terms and conditions herein. Funding is contingent on the award of the 9% tax credits. Executive Director of the Housing Authority David Nash responded to various questions/comments from Council, some being, but are not limited to: are the residents aware that you may not be awarded the funds this year; what type of situation are the current Deaverview resident living in; confirmation that none of the housing developments currently have  central air conditioning; and confirmation of installation of a solar installation system for long-term renewability purposes on the rooftops.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Smith","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":1,"mr":"contested vote","sq":15},{"d":"2022-05-10","mt":"regular","id":"VI-C","ref":"RES 22-94","it":"appointment","t":"Resolution appointing Emily Axtman as a member of the Affordable Housing Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Commission. Zakiya Bell-Rogers resigned as a member of the Affordable Housing Advisory Commission, thus leaving an unexpired term until September 1, 2023. The following individuals applied for the vacancy: Andrew Garrard, Emily Axtman, Jessica Phelan, Doug Brown, Evan Quirk-Garvan and Nnweyne Smith. The Chair of the Affordable Housing Advisory Commission recommended Nweyna Smith; however, after discussion, the Boards & Commissions Committee recommended Emily Axtman.","c":"Housing","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2022-05-10","mt":"regular","id":"VI-D","ref":"RES 22-95","it":"appointment","t":"Resolution appointing Garrett Twiss to the journeyman seat on the Board of Electrical Examiners","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Board of Electrical Examiners. Rick Sluder (journeyman) has moved from the journeyman seat to the electrical contractor seat, thus, leaving an unexpired term until July 1, 2024, for the journeyman seat. The following individuals applied for the vacancy: Jonathan Dale Knox, Jeffrey Branks (not eligible for journeyman seat) and Garrett Twiss. The staff liaison for the Board of Electrical Examiners, and the Boards & Commissions Committee, recommended appointing Garrett Twiss.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":18},{"d":"2022-05-10","mt":"regular","id":"VI-E","ref":"RES 22-96","it":"appointment","t":"Resolution appointing Chad Evans as a member of the Civic Center Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. Nicole Lee resigned as a member of the Civic Center Commission, thus leaving an unexpired term until June 30, 2023. The following individuals applied for the vacancy: Kim Oliver, Kevin King, Chad Evans, Todd Cash and Todd Dunnuck.  The Chair and staff of the Civic Center Commission recommend Chad Evans, Todd Cash or Todd Dunnuck. The Boards & Commissions Committee recommended the appointment of Chad Evans.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"no material signals","sq":19},{"d":"2022-05-10","mt":"regular","id":"VI-F","ref":"RES 22-97","it":"appointment","t":"Resolution appointing Nnweyna Smith and Ashley Wilberding as members of the commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Ivan Melchor and Alex Nava have resigned as a member of the Human Relations Commission, thus leaving two unexpired terms until June 1, 2022. In addition, Michael Brown has resigned, thus leaving an unexpired term until June 1, 2023. Alfred Green was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2022. Also, Emma Worthy was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2023. The following individuals applied for the vacancy: Edie Weichert, Ashley Wilberding, Bethany Duke and Nnweyna Smith. The Chair of the Human Relations Commission recommended appointing Edie Weichert, Ashley Wilderding, Bethany Duke and Nnweyna Smith. The staff liaison recommended appointing Ashley Wilberding, Bethany Duke and Nnweyna Smith. After discussion, the Boards & Commissions Committee recommended appointing Nnweyna Smith, Ashley Wilberding, and re-advertising for the other three seats.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"no material signals","sq":20},{"d":"2022-05-10","mt":"regular","id":"VI-G","ref":"RES 22-98","it":"appointment","t":"Resolution appointing Karl Knight as a member of the Neighborhood Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Neighborhood Advisory Committee. Juan Pablo Chalarca (28801 representative) has resigned as a member of the Neighborhood Advisory Committee, thus leaving an unexpired term until July 1, 2024. The following individuals applied for the vacancy: Tracy Fagan Brown, Michael L. Fulbright, Dane Barrager, Jaik Smith and Karl Knight. The Boards & Commissions Committee recommended appointing Karl Knight.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mU6ulfuR7T4L-M-HhsjWfwpNitEDK1fl/view?usp=sharing","mat":0,"mr":"no material signals","sq":21},{"d":"2022-05-24","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held May 10, 2022","desc":"Background: - The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt  Model since fiscal year 2013-14. - As a part of that multi-year financial model, the City routinely enters into short-term draw  programs with financial institutions through the issuance of interim Limited Obligation  Bonds (LOBs). - The short term draw programs provide cash to reimburse the City for capital expenses  prior to the issuance of long term fixed rate financing. - Staff is seeking Council approval of the resolution authorizing the installment financing  and related issuance of 2022 Interim Limited Obligation Bonds (LOBs) in an amount not  to exceed $42,000,000. - Staff received proposals from six financial institutions and is seeking Council approval to  complete the LOBs financing with Wells Fargo. - The projects covered under this debt issuance include a wide range of strategic capital  goals the City wishes to meet in public safety, multi-modal transportation, economic  development, quality of life, and facility maintenance. - Specific projects of note covered under this debt issuance include the Broadway Public  Safety Station, a portion of the Dr. Wesley Grant/Southside Center project, City Hall  elevator modernization, and the Nasty Branch and French Broad West greenways. - City Council held a public hearing on the 2022 Interim LOBs on May 10, 2022.  Pro(s): - Allows the City to move forward with the Capital Improvement Program (CIP) and Draw  Program financing.  Con(s): - None  Fiscal Impact: - The interim LOBs draw program includes an amount not to exceed $42,000,000.  Approximately $13,300,000 will likely have already been expended and will be taken on  the first draw at closing as a reimbursement to the City. The City then expects to spend  the remaining monies over a twenty-four-month period. The City will then look to convert  the program into a long-term fixed rate financing at or around July 2024. The debt service  payments for this financing are already included in the multi-year CIP/Debt Financial  Model.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-05-24","mt":"regular","id":"II-B","ref":"RES 22-99","it":"resolution","t":"Resolution authorizing the City Manager or Finance Director to pursue financing on behalf of the City","desc":"Background: - The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt  Model since fiscal year 2013-14. - As a part of that multi-year financial model, the City routinely enters into short-term draw  programs with financial institutions through the issuance of interim Limited Obligation  Bonds (LOBs). - The short term draw programs provide cash to reimburse the City for capital expenses  prior to the issuance of long term fixed rate financing. - Staff is seeking Council approval of the resolution authorizing the installment financing  and related issuance of 2022 Interim Limited Obligation Bonds (LOBs) in an amount not  to exceed $42,000,000. - Staff received proposals from six financial institutions and is seeking Council approval to  complete the LOBs financing with Wells Fargo. - The projects covered under this debt issuance include a wide range of strategic capital  goals the City wishes to meet in public safety, multi-modal transportation, economic  development, quality of life, and facility maintenance. - Specific projects of note covered under this debt issuance include the Broadway Public  Safety Station, a portion of the Dr. Wesley Grant/Southside Center project, City Hall  elevator modernization, and the Nasty Branch and French Broad West greenways. - City Council held a public hearing on the 2022 Interim LOBs on May 10, 2022.  Pro(s): - Allows the City to move forward with the Capital Improvement Program (CIP) and Draw  Program financing.  Con(s): - None  Fiscal Impact: - The interim LOBs draw program includes an amount not to exceed $42,000,000.  Approximately $13,300,000 will likely have already been expended and will be taken on  the first draw at closing as a reimbursement to the City. The City then expects to spend  the remaining monies over a twenty-four-month period. The City will then look to convert  the program into a long-term fixed rate financing at or around July 2024. The debt service  payments for this financing are already included in the multi-year CIP/Debt Financial  Model.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-05-24","mt":"regular","id":"II-C","ref":"RES 22-100","it":"resolution","t":"Resolution authorizing the City Manager to send a funding commitment letter to the N.C. Dept. of Transportation","desc":"Background: - Project I-2513 is currently listed in the NCDOT 2020-2029 State Transportation  Improvement Program (STIP) at a total estimated project cost of $1,348,880,000. - Project I-2413 is commonly referred to as the I-26 connector project beginning at I-40 and  ending at US 19-23 near Broadway Street for a total length of 4.7 miles. - The scope of work includes constructing a multi-lane freeway partly on new location. - Project I-2513AC from a point north of I-40 to a point south of SR 3548 (Haywood Road)  is the first section to be constructed with the right-of-way phase beginning during August  2022 and the construction phase beginning during February 2024. - In order to maintain the project schedule, NCDOT needs a funding letter of commitment  from the city by June 2022. - According to State law, the reimbursement procedure begins on the date the construction  phase begins and the city has a period of not less than three years to reimburse NCDOT  the agreed upon costs (interest free). Based on this information, the Legal Department  has confirmed that a budget amendment is not needed at this time. - The funding letter of commitment is needed to proceed with finalizing the design phase. - City Council appointed an Aesthetics Committee in 2018 to advise the city regarding  recommendations for aesthetic improvements to the I-26 Connector project. - The Aesthetics Committee has worked faithfully and diligently during the past four years  in reviewing and suggesting various aesthetic treatments that would enhance the overall  experience of the I-26 Connector corridor for all users. - For purposes of this report, a city betterment is defined as a bicycle, pedestrian, or public  transportation improvement that exceeds NCDOT’s standard improvements and an  aesthetic treatment is defined as any treatment including aesthetic materials,  landscaping, and lighting that exceeds NCDOT’s standard treatments.  Committee(s): - Multi Modal Transportation Commission - April 27, 2022 - Approved unanimously  Pro(s): - Enhances the overall experience of the I-26 corridor for all users. - Enhances the pedestrian and bicycle experience along the multi-use transportation paths  and sidewalks along the side streets.  Con(s): - Cost sharing fiscal impact to the city.  Fiscal Impact: - The anticipated total cost to the city is $657,304 and is itemized as follows:  1. City betterments - $320,100 (currently planned in the five-year capital  improvement program (CIP) budget).  2. Aesthetic treatments - $337,204 (not programmed at this time).","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-05-24","mt":"regular","id":"II-D","ref":"RES 22-101","it":"resolution","t":"Resolution authorizing a lease agreement with Reed Creek Greenway Plaza for a parking lot at Cauble & Broadway","desc":"Background: - The City of Asheville owns a vacant parcel at Broadway and Cauble Streets,  9649-14-2727-00000 that was acquired from NCDOT in March 2000 after the completion  of improvements to Broadway Street. - RCGP, LLC owns four tracts of land on Broadway Avenue (9649-14-2559-00000,  9649-14-3514-00000, 9649-14-3483-00000 & 9649-14-3592-00000) where it proposes to  build a mixed use development at 427 Broadway that will include residential dwelling  units. - RCGP, LLC has agreed to reserve 20% of the units as affordable housing units. - RCPG, LLC has proposed to the City that they build at their sole cost and expense a  paved parking lot on the City parcel with plans approved by the City. - The cost of the construction is estimated to be $168,525. - In return for the completed parking lot, RCGP, LLC would receive rent credit and the right  to use half of the 26 parking spaces on an exclusive basis. - The other half of the parking spaces will be non-exclusive, for use by the public (such as  people using the adjacent Reed Creek greenway) - As per the proposed lease agreement, the City would agree to provide a rent credit  based on the construction amount. - The Real Estate Office estimates the rental value of the parking spaces is $60 per  parking space for a total of $18,720 per year. - Given the fact that the parking lot is non-exclusive and meant to be shared for parking  access to the Reed Creek Greenway, the estimated annual lease rate is reduced to  $9,360. - Based on a preliminary cost of $168,525, the developer’s rent credit allows for a lease for  parking for approximately fifteen (15) years. - After construction is completed, the rent credit amount will be adjusted. - The City intends to structure this term as an initial 5 year term, with the option to extend  the lease for another two 5 year periods at the sole discretion of the City. - Should the City decide not to grant the renewal options, the rent credit shall be forfeited  and no monies will be owed by the City to RCGP. - NC State Law requires that any lease over 10 years must be handled through the upset  bid process. - If the City Council approves the following resolution, the City Clerk will be directed to  publish an advertisement for upset bids for a period of 10 days, in which any interested  party may upset the current bid to perform $168,525 worth of parking lot improvements to  the property in lieu of rent payments and in exchange for non-exclusive use of the  parking spaces, with rental abatement/credit calculated at the current fair market value  ($9,360.00 per year), plus a 2% escalation rate per year, for an initial five year term, with  the option to renew for an additional two five year periods at the sole discretion of the City  of Asheville. - The statutes require that a qualifying bid must increase the current offer by 10% of the  first $1,000 and 5% of the remainder. - As set forth in the resolution, if no qualifying upset bids are received, then the City  Council agrees to further authorize the City Manager to execute the lease agreement with  RCGP, LLC.  Committee(s): - None  Pro(s): - RCGP, LLC will be constructing a new parking lot, together with a landscaped buffer  along the creek, at their sole expense. - The parking will support the adjacent new residential complex developed by RCGP,LLC  which will have 20% of its units reserved for affordable housing at 60% AMI. - Available parking in the lot will offset pressure on street parking in the adjacent  neighborhood. - Parking will be available for users of the Reed Creek Greenway and the general public.  Con(s): - City residents and users of the Reed Creek Greenway will not have exclusive use of the  newly constructed parking lot. - The property cannot be used for an alternative purpose for at least 5 years.  Fiscal Impact: - No funds are changing hands as part of this agreement.","c":"Housing","mo":"individual","mv":"Turner","sec":"","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2022-05-24","mt":"regular","id":"II-E","ref":"RES 22-102","it":"resolution","t":"Resolution accepting the flood mitigation actions report which is part of the repetitive loss area analysis","desc":"Background: - The City of Asheville joined the Community Rating System (CRS) program, a program  through the Federal Emergency Management Agency (FEMA), and administered by the  Insurance Services Office (ISO) in 2014. As required by the CRS program, a Repetitive  Loss Area Analysis (RLAA) was prepared in 2014 by Brown and Caldwell to supplement  the Buncombe-Madison Regional All Hazards Mitigation Plan. - CRS provides lower insurance premiums under the National Flood Insurance Program.  The premium reduction is in the form of a CRS Class. - The classes are obtained by actions that are above and beyond the requirements of the  National Flood Insurance Program administered by FEMA. Currently, the citizens of  Asheville receive a 10 percent reduction in their flood insurance premiums through  participation in the CRS program. - In order to maintain the current status in the CRS program, staff is required to provide to  council the annual report of the Flood Mitigation Actions Items that were part of the RLAA  report from Brown and Caldwell adopted by Council on December 10, 2013. - Highlighted in the report, staff from multiple departments continue to work together,  looking for ways to reduce flooding and damage from floods. - We do this through community outreach from the City website, social media, flyers, and  events, working with the Army Corps of Engineers and other partners on flood mitigation  opportunities, and working with developers and property owners on ways to protect their  properties from flooding.  Vendor Outreach Efforts: - Not Applicable.  Committee(s): - None  Pro(s): - The citizens of Asheville will continue to receive a 10% reduction on their flood insurance. - Provides a higher level of protection through the current flood ordinance, improving  resilience. - Promotes public education of the dangers of flooding and the Special Flood Hazard  Areas.  Con(s): - Considerable amount of staff time is necessary to maintain these requirements, and  improve our program.  Fiscal Impact: - There is no additional fiscal impact to continuing the efforts necessary for the CRS  program, staff time is currently programmed into the annual operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-05-24","mt":"regular","id":"II-F","ref":"RES 22-103","it":"resolution","t":"Resolution authorizing the City Manager to renew the agreement with Motorola Inc.","desc":"Background: - In February 2018, the City adopted a maintenance agreement with Motorola Solutions to  provide maintenance on the City's radio communication systems. - Funding for the agreement is appropriated annually in the City budget process. - The initial term of the agreement ran from December 1, 2017, to June 30, 2022. - The agreement also includes an option to renew for an additional 60 months (five years). - This new renewal will extend the agreement for 5 years. July 1, 2022 to June 30, 2027 in  accordance with the current terms of the agreement, and add additional funds to the  agreement in order to cover costs associated with the agreement.  Vendor Outreach Efforts: - Motorola is on the NC State Contract 725G. - No additional vendor outreach was completed as this will be a pre-negotiated extension  of the current agreement.  Committee(s): - N/A  Pro(s): - The primary benefit of this agreement is to keep the City's radio system reliable and  operational for public safety officers. - By keeping the radio system in optimal condition, the City is also able to provide  communication services to several outside agencies, thereby improving interagency  communications - advancing partnerships to improve critical services and infrastructure. - These partnerships also help the City recoup some of its investment in the system  infrastructure through fees collected for use of the system by partner agencies.  Con(s): - None  Fiscal Impact: - Year One of this renewal is $395,459 and is included in the Proposed FY23 Budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-05-24","mt":"regular","id":"II-G","ref":"RES 22-104 / RES 22-105 / RES 22-106","it":"resolution","t":"Resolutions authorizing the possession and consumption of alcoholic beverages and/or unfortified wine at city events","desc":"Background: - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified  wine on the public streets and on property owned, occupied or controlled by the City and  to regulate or prohibit the possession of malt beverages and unfortified wine on public  streets, alleys or parking lots which are temporarily closed to regular traffic for special  events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that  statutory authority; and that ordinance, codified as Section 11-11 in the Code of  Ordinances of the City of Asheville, provides that the City Council may adopt a resolution  making other provisions for the possession of malt beverages and/or unfortified wine at a  special event or community festival. - The following organizations have requested that City Council permit them to serve beer  and/or unfortified wine at their events and allow for consumption at the events: - Black Wall Street AVL for Grindfest to occur at 81 Riverside Drive on May 28 and  30, 2022, from 9:00 a.m. - 9:00 p.m., and May 29, 2022, from 10:00 a.m. - 9:00  p.m. - YMI Cultural Center for the Juneteenth Celebration, to occur at Pack Square  Park on June 18, 2022, from 10:00 a.m. - 10:00 p.m. - Asheville Running Collective for Asheville Half Marathon & 10K, to occur at Pack  Square Park on August 27, 2022, from 7:00 a.m - 11:30 a.m. - Alcohol boundaries are defined for each request as per the accompanying event site  maps.  Committee(s): - None  Pro(s): - Allows fundraising opportunities for the sponsoring nonprofit organizations  Con(s): - None  Fiscal Impact: - None","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-05-24","mt":"regular","id":"II-H","ref":"RES 22-107","it":"resolution","t":"Resolution transferring an emergency vehicle to Buncombe County Emergency Services","desc":"Background: - Currently the Fire Department maintains and operates two specialized emergency  vehicles in partnership with Buncombe County Emergency Management. - A mass casualty transport bus and a service truck utilized in extended fire cause  determination investigations. - Both vehicles are used infrequently by the Fire Department. - The Medic Bus was purchased through a Memo of Agreement with NC Department of  Crime Control and Public Safety, Emergency Management Division in 2009. - The vehicle was jointly operated by the Fire Department and Buncombe EMS. - The vehicle has been a regional emergency response asset for the western part of North  Carolina. - The vehicle will now be operated solely by Buncombe EMS, but will remain a regional  response asset. - The Arson Task Force service truck was purchased through fundraising efforts in the late  1990s by staff from the Fire Department, Buncombe County Fire Marshal’s Office, and  District Attorney’s Office. - The service truck will be utilized by Buncombe County EM for the local Urban Search and  Rescue Task Force, which the Fire Department supports. - The city has maintained both vehicles since purchase. - Both response vehicles have depreciated all resale value. - Per N.C. Gen. Stat. § 160A-280, cities may donate personal property that the City  Council deems surplus, obsolete, or unused to other governmental agencies.  Committee(s): - Public Safety Committee  Pro(s): - Provides for extending the useful life of both vehicles. - Reduces maintenance costs to the City for vehicles. - Both vehicles will remain regional resources that could be used during events within the  City of Asheville.  Con(s): - None  Fiscal Impact: - None other than a slight reduction in maintenance costs in the Fire Department budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-05-24","mt":"regular","id":"II-I","ref":"RES 22-108","it":"resolution","t":"Resolution supporting the N.C. Dept. of Transportation in funding, designing, and constructing improvements","desc":"Background: - Project U-5837 is currently listed in the NCDOT 2020-2029 State Transportation  Improvement Program (STIP) to upgrade the roadway and address bicycle and  pedestrian needs at a total estimated construction cost of $1,900,000; however the  project has been delayed with a construction date beyond FY 2029. - Therefore, the NCDOT has applied for a Surface Transportation Block Grant (STBG) in  the amount of $825,000 including the local match through the French Broad River MPO  for a project to provide pedestrian improvements. - The scope of work includes sidewalks, ADA compliant curb ramps, pedestrian signals,  and crosswalks.  Committee(s): - Multi Modal Transportation Commission - April 27, 2022 - Approved unanimously  Pro(s): - Provides much needed pedestrian improvements (sidewalks, ADA compliant curb ramps,  pedestrian signals, and crosswalks) along a section of Riceville Road.  Con(s): - None  Fiscal Impact: - There is no fiscal impact to the city for the construction of the project. - However, the city would be responsible for the maintenance of the sidewalk once  constructed through the Public Works Department’s annual operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-05-24","mt":"regular","id":"II-J","ref":"ORD 4946","it":"ordinance","t":"Budget amendment from Harrah's Cherokee Center - Asheville operating revenue to increase Harrah's fund budget","desc":"Background: - The HCCA event load in Fiscal Year 2021-2022 has been significantly higher than initially  forecasted during last year’s budget process prior to the reopening of large scale events  post-COVID. - HCCA Revenues are expected to total $1.2 Million more than budgeted. - HCCA Expenses are expected to potentially total $470,000 more than budgeted. - Concessions, ticketing and other show related revenues will cover all additional  expenses; therefore, no additional transfer from the General Fund is required at this time. - HCCA has 42 dates booked in May and June to conclude the fiscal year.  Committee(s): - None  Pro(s): - Provides sufficient budget authorization for anticipated expenditures in the HCCA Fund  without increasing the General Fund transfer.  Con(s): - None  Fiscal Impact: - This budget amendment is funded with HCCA operating revenues that will exceed  original budget estimates. - Therefore, there is no expected impact to the City’s General Fund budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-05-24","mt":"regular","id":"II-K","ref":"RES 22-109","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Pepsi Cola Bottling","desc":"Background: - After a competitive bid process, in December 2020 staff executed a six year sponsorship  agreement with Pepsi Bottling Company of Hickory, NC. - Pepsi provides equipment for the HCCA at an in kind value of $119,500, in kind  marketing & product support and up to $10,000 in cash annually. - Pepsi provides fair product purchase rates, with locked in maximum increases for the  duration of the contract. - In exchange the HCCA exclusively sells Pepsi products at concession stands within the  facility. - This includes carbonated beverages, water and sports drinks. - Annual product purchase for resale budget is $75,000 - Average profit margin on Pepsi products sold at the HCCA is 85%.  Committee(s): - None  Pro(s): - Guaranteed purchase rates for the HCCA Food & Beverage department - Pepsi is a North Carolina based company  Con(s): - None.  Fiscal Impact: - Annual expense not to exceed $80,000 from the HCCA enterprise budget. No impact to  the HCCA General Fund Subsidy as purchases are offset by product sale revenues.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-05-24","mt":"regular","id":"II-L","ref":"RES 22-110","it":"resolution","t":"Resolution authorizing the City Manager to apply to the Federal Transit Administration for funding","desc":"THE FISCAL YEAR 2022 5339 (b) GRANT FOR BUSES AND BUS FACILITIES  COMPETITIVE PROGRAM AND 5339 (e) GRANT FOR LOW OR NO  EMISSION VEHICLE GRANT PROGRAM, AND IF SUCCESSFUL, TO  ACCEPT THE FUNDS AND SIGN ALL NECESSARY AGREEMENTS  Background: - Each year, the FTA publishes Notice of Funding for competitive grants including the Bus  and Bus Facilities Program and Low or No Emissions Grant Program to provide capital  assistance to transit systems to purchase buses, related equipment, associated bus  accessories and infrastructure, and related bus transportation facilities. - Grant applications are due May 31, 2022. - The match requirement for the City is 15%. - The Transportation Department anticipates applying for six (6) hybrid Gillig buses and six  (6) replacement electric batteries for three (3) of our existing hybrid buses (two batteries  per bus). - One application will be submitted for both grants. - FTA will only award one of the grants, if any. - The estimated price per hybrid bus is $800,000. - The estimated price per battery pack (two batteries per pack) is $83,000. - The total estimated grant request is $5,049,000. - This would require a $757,350 match from the City, which is programmed in the Transit  Capital Fund.  Committee(s): - None  Pro(s): - Potential funding sources for six (6) hybrid Gillig buses and six (6) replacement electric  batteries for three (3) of our existing hybrid buses needed to maintain and expand the  current transit fleet necessary for Asheville Rides Transit (ART) services.  Con(s): - A $757,350 local match is required from the City if a grant is awarded.  Fiscal Impact: - As noted above, the $757,350 local match required from the City is programmed in the  Transit Capital Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2022-05-24","mt":"regular","id":"II-M","ref":"RES 22-111","it":"resolution","t":"Resolution setting a public hearing on June 28, 2022 to consider closing a right-of-way east of","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a  negative impact to the public interest and whether the closure would impede access to  parcels, utilities, and other public infrastructure. - Beverly Cozort, owner of 907 Old Fairview Road has petitioned for this closure. - Ms. Cozort owns the property at 907 Old Fairview Road and wishes to close the  unopened right of way behind her parcel in order allow her neighbor at 24 Wilmington to  subdivide and add the eastern half of her parcel to Ms. Cozort’s. - The Technical Review Committee reviewed the closure request and recommended  approval at their April 18, 2022 meeting. - The Multimodal Transportation Commission reviewed the closure request and  recommended approval at their April 27, 2022 meeting. - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right of way.  Committee(s): - Technical Review Committee - April 18, 2022 - unanimously recommended approval. - Multimodal Transportation Committee - April 22, 2022 - unanimously recommended  approval.  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.  Con(s): - None  Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2022-05-24","mt":"regular","id":"II-N","ref":"RES 22-112","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Labor","desc":"Background: - This contract has been in place since October 20, 2021, for temporary staffing on as  needed basis for the Harrah’s Cherokee Center. - The contract is a service contract. - Labor Finders supplies temporary staffing on an as needed basis during the event  season for the HCCA. - HCCA currently has five vacant positions (50% of total operations crew,) temporary  staffing provided by Labor Finders fills the gap.  Vendor Outreach Efforts: - When initially contracted, staff followed the city’s Asheville Business Inclusion (ABI)  process and Labor Finders was selected. - They were the lowest, most responsive bidder; however, they are not minority owned.  Committee(s): - None  Pro(s): - Creates the ability to fully staff events at the facility through the end of the fiscal year.  Con(s): - Temporary Staffing through agencies is more expensive than City Employees.  Fiscal Impact: - Funds are budgeted within the Harrah’s Cherokee Center’s contracted services account  ($20,000).","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2022-05-24","mt":"regular","id":"IV-A","ref":"ORD 4947","it":"public_hearing","t":"Public hearing to adopt the Water Resources Department fees and charges","desc":"Assistant Water Resources Director Leslie Carreiro said that this is the consideration of an ordinance to adopt the Water Resources Department updated development fees analysis for Fiscal Year 2022-23 fees and charges. This public hearing was advertised on May 13, 2022  Background: - System development fees are one-time charges imposed on new development to fund  costs of capital improvements necessitated by and attributable to such new development  or to recoup costs of existing facilities. - North Carolina General Statute 162A Article 8 (“Article 8”) provides for the uniform  authority to implement system development fees for public water systems in North  Carolina, and was enacted by the North Carolina General Assembly on July 20, 2017. - System development fees must be adopted in accordance with the conditions and  limitations of “Article 8.” - Raftelis Financial Consultants, Inc. (RFC) completed the required analysis, which  conforms to the conditions set forth in “Article 8.” - To conform to N.C.G.S. 162A-209, the analysis must be posted on the City’s website for  not less than forty-five (45) days and furnish a means to submit written comments prior to  considering adoption. - The analysis was posted on March 29, 2022 and met the 45-day requirement on May 16,  2022.  Committee(s): - Finance and HR Committee - March 22, 2022 - unanimously recommended to move to  City Council.  Pro(s): - Provides an opportunity to recover the cost of services from those that directly utilize the  water system. - Allows the Water Resources Department to remain current with appropriate fees  Con(s): - None  Fiscal Impact: - The updated fees will bring in an estimated $1.7M in additional revenue annually. - Revenue from water system development fees is accounted for in a capital reserve fund  and subject to the restricted uses approved in NC General Statutes - Chapter 162A  Article 8.   Mayor Manheimer confirmed that this is only a one-time fee paid by the developer to tap into our water system.   Mayor Manheimer opened the public hearing at 6:35 p.m., and when no one spoke, she closed it at 6:35 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Utilities & Infrastructure","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2022-05-24","mt":"regular","id":"IV-B-cz","ref":"ORD 4948","it":"ordinance","t":"Conditional zoning request for six properties (Reed Creek Mixed Use Development)","desc":"Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone multiple properties located at 427 Broadway from Neighborhood Corridor District to Neighborhood Corridor District/Conditional Zone.This public hearing was advertised on March 11 and 18, 2022. On March 22, 2022, the applicant requested this public hearing be continued to April 12, 2022. On April 12, 2022, the applicant requested this public hearing be continued to this date.  Project Location and Contacts: - The project site totals 1.53 acres and is located at 421, 425, 427, and 99999 (x 3)    \f Broadway St. (PINs 9649-14-2559, 3514, 3592, 3483, 4359, and 4386). - Owners: Reed Creek Greenway Plaza LLC. - Applicant: Suzanne Godsey, RLA  Summary of Petition: - The existing site consists of a surface parking lot and a single story commercial building. - The subject properties are currently zoned NCD; however, the applicant is seeking a  zoning change to NCD-CZ for the purpose of modifying some basic development  standards including: spacing between entrances, building square footage, height, side  setback and property line buffer. - The project site includes 6 parcels, totalling 1.5 acres. - The northwest portion of the site is a former brownfield area that does not allow  residential development. - The proposed project is a mixed-use development that will be constructed in two phases: - Phase I consists of Building “A”, a new 4-to-5-story residential multi-family  building with 49 dwelling units, along with the existing one-story commercial  building (labeled Building “B”) and 46 surface parking spaces with sidewalk,  walkway, and other site improvements - Phase II consists of Building “C”, a new two-story commercial building placed at  the corner of Broadway and Cauble Streets, along with surrounding sidewalk,  walkway and outdoor gathering areas. - Phase II will share parking with Phase I. - New construction includes Building “A” which is 45,000 square feet and 44’-6” tall and  Building “C” which is proposed to be not more than 7,400 square feet. - The final height of Building “C” is not yet determined but will not exceed 40 feet. - Building “A” will also include indoor community/co-working space in addition to a bike  storage room and individual storage closets for units. - Building “B” is an existing one-story commercial building that will remain unchanged in  height and size but will include the addition of a cantilevered deck at the rear of the  building. - A minimum of 37 off-street parking spaces is required and satisfied through the  construction of a 46-space, surface parking lot. - The minimum number of parking spaces required is estimated at 74 spaces but can be  reduced by 50% for projects located in the NCD. - The applicant is partnering with the City of Asheville on a stand-alone parking lot located  across Cauble St. to the north. - Reed Creek and its associated stream buffer crosses the site along the western property  boundary (behind buildings) - the Reed Creek Greenway is located on the south side of  the creek, off the subject property. - A 10 foot wide sidewalk along Broadway St. is proposed and a six-foot wide sidewalk is  proposed along Cauble St. and will connect to an existing sidewalk connection leading to  the greenway. - A required neighborhood meeting was conducted on December 29, 2021 using remote  meeting technology. - Four of the six properties included in the site area are designated “Traditional Corridor”  on the city’s Future Land Use (FLU) map and will not need to be re-classified. - The two parcels furthest south are designated “Parks/Open Space” and must be changed  to match the other four parcels. - Affordable housing is included in the Project:  a. A minimum of 25 percent of the total number of units (12 units) will be designated  affordable for a minimum period of 30 years;  b. 10 of the affordable units will be affordable to those earning at or below 60% of Area  Median Income (AMI);    \f c. 2 of the affordable units will be affordable to those earning at or below 80% of the  Area Median Income (AMI);  d. 5 units (50% of the 60% AMI units) will accept HACA Housing Choice vouchers.  e. The rent and income limits will follow the Affordable Housing Standards determined  annually by the City of Asheville Community Development Department.  f. An Affordable Housing Deed Restriction will be provided by the City and will be filed  and recorded by the property owner in the Buncombe County Register of Deeds prior  to the project receiving final zoning permit. - Landscape requirements apply, including street tree, parking lot, street buffer, building  impact, and property line buffer (Type B). - The NCD requires certain “Design and operational standards” including 45% ground level  fenestration; pedestrian entrances every 45 feet, street facing orientation, and  architectural detailing and/or articulation to break up facades over 45 feet in length. - This project meets some of those standards but is seeking modifications for others (see  final bullet below). - There is no transit service on Broadway St. Bus lines are located a half mile to the east  on Merrimon Ave. and 0.3 miles to the west on Montford Ave. - Maximum density in the NCD is 35 units/acre - the proposed density is 32 units/acre. - Open space shall be required at a rate of five percent of the total parcel (3,332 square  feet) but is reduced by 25 percent (2,499 square feet) due to the project area being  adjacent to a public park (Reed Creek Greenway). - The project is classified as “urban” under the tree canopy preservation standards with a  classification of “Class B” with 15 percent of total tree canopy required. - The project satisfies this requirement through preserving a number of existing trees. - Certain intensity bonuses are permitted in the NCD through the Community Incentive  Table. - The project is seeking bonuses for:  1) Square footage greater than 24,000 square feet in exchange for 25 percent of  the units being 700 square feet or less; and,  2) Height greater than three stories/45 feet tall in exchange for an increased  setback of 40 feet when adjacent to residentially zoned property. - The project is seeking modifications through the conditional zoning process including:  - Spacing of pedestrian entrances greater than 45 feet apart (one entrance for 149  linear feet);  - A side setback ranging from 16 to 23 feet; and,  - 10 foot wide vegetated buffer (with no fence).  Comprehensive Plan Consistency: - The proposed development supports a number of goals including encouraging  responsible growth by: - providing mixed-use infill development in targeted growth areas and - increasing the supply of housing, including affordable housing in proximity to  schools, transit and parks.  Compatibility Analysis: - The moderate-high density residential and commercial project is compatible with the:  - Small-mid scale commercial retail and service businesses along the corridor;  - Other multi-family developments along the corridor; and,  - Open space/recreation areas around the Reed Creek Greenway. - The mixed use project is consistent with the Future Land Use map designation of  “Traditional Corridor”, which calls for buildings to be placed close to the street and  enhanced with wide sidewalks and multi-modal access, a broad range of uses, higher  residential densities, and parking located to the side or rear of buildings.    \f Committee(s): - Technical Review Committee (TRC) - February 21, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - March 2, 2022 - approved unanimously, 6:0.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Palmquist said that there will be three buildings in two phases (separate project for stand alone parking lot). He reviewed the site plan for Phase 1 - Building A + site improvements - (1) Building “A” - 4 to 5 stories; 45,000 square feet; 44-6” tall; 49 units, 20% (10 units) affordable; and setback/buffer reductions; (2) Building “B” - renovation of existing one-story building; and deck expansion; (3) 46 parking spaces (50% reduction); and (4) 10’ wide sidewalk on (portion of) Broadway Street. The site plan for Phase 2 - (1) Building “C” - 2-3 stories; maximum height of 40’; 7400 square free maximum; and proposed office use; and (2) 6’ sidewalk on Broadway and Cauble Streets. He then reviewed building elevations and showed a building perspective. He explained how the proposed project complies with the Living Asheville Comprehensive Plan. He then highlighted three technical modifications: (1) 16-23’ side setback; (2) Reducing the property line buffer to 10’ without a fence; and (3) A single front entrance.   Mr. Palmquist noted that a technical modification has been requested by the applicant earlier today. He explained the landscape buffer on the western side of the site. Such modification request is a reduction in the required Type B buffer along the western property boundary to (1) no evergreen trees; (2) 10 large deciduous trees; and (3) 10 small deciduous trees. He has consulted with City Attorney Branham and he advises that basically Council can approve the project with that modification now. However, staff is recommending that it go back to the Planning & Zoning Commission for reconsideration with this new condition as this modification was not discussed by them. He did note that staff would most likely recommend the project with this additional condition.   Mr. Palmquist said other project conditions are (1) Consistent with density/mass/scale of other projects in the NCD; (2) Architectural detailing that breaks up facade; (3) Pedestrian orientation w/ wide sidewalks; (4) Preservation of stream buffer; (5) 49 residential units, 25% affordable for 30 years (a) 10 units at or below 60% AMI; (b) 2 units at or below 80% AMI; and (c) 5 units (50% of the 60% AMI units) will accept HACA Housing Choice vouchers; (6) Community/co-working space; and (7) Indoor bike room and storage closets for residents. He said that City staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.   City Attorney Branham said that there is no specific trigger when something is remanded back to the Planning & Zoning Commission, but in these types of rezonings, a recommendation is sought before that body. He said that Council has the authority to approve the project now, without going back to the Planning & Zoning Commission if it so chooses.   Ms. Sesay responded to Councilwoman Roney when she asked if trees could be added in the parking lot area.   At 7:23 p.m., Mayor Manheimer opened the combined public hearing, and when no one spoke, she closed it at 7:23 p.m.    \f Mayor Manheimer said that members of Council have been previously furnished with copies of the resolution and ordinance and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":1,"mr":"contested vote","sq":17},{"d":"2022-05-24","mt":"regular","id":"IV-B-luig","ref":"RES 22-113","it":"resolution","t":"Public hearing to consider a Land Use Incentive Grant for Reed Creek Greenway Plaza / 421 Broadway Street","desc":"Mayor Manheimer said that there will be two individual presentations; however, only one public hearing. Two votes will be required.   Urban Planner Sasha Vrtunski said that this is the consideration of a resolution approving a land use incentive grant for Reed Creek Greenway Plaza LLC for the Reed Creek Mixed Use Development Project at 421 Broadway Street. This public hearing was advertised on May 13, 2022.  Review: - Reed Creek Greenway Plaza LLC has applied for a Land Use Incentive Grant (LUIG) for  their development at 421 Broadway Street per the LUIG policy adopted by City Council  and amended on June 22, 2021. - This project includes one parcel that the city acquired in 2000 for affordable housing, and  a second parcel that the city acquired from DOT for the developer with the agreement  that it would be used for affordable housing. - Both parcels were sold to the applicant for fair market value with the condition that the  project include 20% of the units affordable to households at 60 % AMI or less. There is a  deed restriction already in place for those parcels. - If approved, the LUIG agreement will include additional benefits from the developer  beyond the existing deed restrictions, and include more parcels of land that are not  currently restricted. - The development consists of 49 apartments and commercial space. For the purposes of  this LUIG application, Reed Creek Greenway Plaza LLC is only asking for a LUIG for the  residential building of the larger project. - Housing represents 100% of all rentable square footage. - Of the 49 residential units, 10 rental apartments (20%) will be affordable, serving  individuals earning at or below 60% of the Area Median Income (AMI) for a minimum of  30 years, 2 units (5%) will be affordable, serving individuals earning at or below 80% of  the Area Median Income (AMI) for a minimum of 30 years . - The residential portion of the project encompasses .39 acres of land bound by Broadway  Street, with the current PIN numbers below that will be consolidated into one parcel.  These are the PINS of the land used for the residential portion of the project. - 9649-14-3592 ○ 9649-14-4386 - 9649-14-3483 ○ 9649-14-4359 - The developer estimates a total development cost of approximately $9.15M - Estimated Tax Value of the property is $9.15M post-completion. - This is currently the same as the construction value. - Staff expects the taxable value to be lower than this amount after completion. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of  Asheville for households earning at or below 80% of the Area Median Income  (AMI). - The affordable units will be affordable to and leased to income-eligible  households for at least 20 years. - The proposed development is located inside the city limits. - The proposed development provides residents convenient access to jobs,  schools, and services. - The proposed development is over the 70% residential threshold in use based  on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive a total  score of 105 points (see Proposal below). - Per the policy, this will equal 21 years of grants in the amount of the City Property Taxes  payable on the residential portion of the Reed Creek Greenway Plaza Development.  Proposal: - Affordable Rental Housing - The proposed project will provide a total of twelve (12) affordable units: 10  apartments (20%) will be affordable, serving individuals earning at or below 60%  of the Area Median Income (AMI), 2 units (5%) will be affordable, serving  individuals earning at or below 80% of the Area Median Income (AMI). Six of  the units (50% of the affordable units) will accept rental assistance (20 points). - All 12 units will be affordable for a minimum of 30 years (10 points). - Under this category, the project qualifies for 30 points. - Low Income - 20% of the units will be affordable, serving individuals earning at or below 60%  of the Area Median Income (AMI). - Under this category, the project qualifies for 10 points. - Rental Assistance - The proposed project will accept five (5) Housing Choice Vouchers / Rental  Assistance in the community, and possibly consider more. - The project will also house one person from the Homeless by Name list. - Under this category, the project qualifies for 15 points. - Superior locational efficiency - The proposed project is located within 1 mile from a job or urban center, and  within a .5 mile from a Transportation Amenity. - Under this category, the project qualifies for 10 points. - Brownfield Redevelopment - The proposed project includes land that is designated as a Brownfield. - Under this category, the project qualifies for 10 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star  Certification, Green Building certification and to installing solar panels. - Under this category, the project qualifies for 30 points. - Universal Design - The building will include Universal Design in 20% of the units. - Under this category, the project qualifies for 10 points.l - Staff has scored the project with 105 points, which qualifies the project for twenty-one  (21) years of Land Use Incentive Grant.  Committee(s): - Housing & Community Development Committee - May 17, 2022 - approved 3-0. - Finance Committee - May 24, 2002 - The Finance Committee will review the application the same day as the City  Council.    \fPro(s): - The proposed project will provide 12 affordable rental housing units. Ten units to  individuals earning 60% or less of area median income and two units earning 80% or less  of area median income; - The proposed project will have an affordability period of thirty (30) years; - The project will include energy efficiency, green building and solar panels; - The proposed project addresses the pressing need for affordable one-person housing  units (studios). - The proposed project should have a significant economic impact. - Construction wages and material purchases will positively affect the local and regional  economy; - The 12 affordable units are located at the edge of Montford (walkability score of 61  -somewhat walkable, bike score of 58 - bikeable, some bike infrastructure) and provide  shopping options for individuals who fall within the 80% AMI incomes. - Reed Creek Greenway Plaza will communicate with the Asheville Housing Authority and  others that they are accepting Housing Choice Vouchers and Rental Assistance as the  development prepares to come online.  Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change  as it moves towards development.  Fiscal Impact: - The vacant parcels where the building will be built has an estimated current tax value of  $259,000 and pays city property taxes of approximately $1043 annually. - Under the estimated tax value of $9.15M post-completion, the annual city property tax will  be approximately $36,893. - The difference is $35,850 which would be granted to the property owner annually after  payment for 21 years. - For 21 years and 10 affordable units at or below 60% AMI and 2 affordable units at or  below 80% AMI, the city will grant back a total of $752,850 over the 21 years of the LUIG  which equals $62,737 per unit of subsidy which is lower than the estimate of up to  $80,000 in subsidy for 80% AMI homes as noted in Council Work Sessions and a subsidy  cap noted in the LUIG Policy. - After year 21, the City will receive the approximate $36,893 annually in city tax revenue  (depending on future property tax increases, etc.). Please note the City will still receive  property taxes of approximately $1043 per year in years 1 - 21. - The City sets aside a budget annually for Land Use Incentive Grants.   Ms. Vrtunski outlined the following key takeaways: (1) LUIG application for 421 Broadway Street, rental apartments; (2) Project committing 10 units (20%) to be affordable for 30 years at 60% AMI or below. Two units (5%) will be affordable for 30 years at 80% AMI or below; (3) The project is on a site that is difficult to develop, and the city originally purchased one of the parcels for affordable housing; (4) The project is also bringing other benefits including rental assistance, solar panels and Universal design; and (5) Project qualifies for 21 years of taxes paid. The project encompasses 1.53 acres of land bound by Broadway Street and Cauble Street on the edge of the Montford neighborhood. The proposed development consists of a 49 unit apartment building and 2 commercial buildings. The LUIG will only be for Building A which has the 49 apartments. Housing represents 100% of all rentable square footage. The project is located at the edge of Montford - just east of the Reed Creek Greenway - total site area 1.53 acres - and residential portion of the project is approximately .39 acre. She then briefly reviewed the site plan and unit mix as 10 Studios - all affordable; 35 One Bedroom units; and 4 Two Bedroom units. Regarding the project background, (1) Of the 49 residential units, 10 rental apartments (20%) will be affordable, serving individuals and families earning at or below 60% of the Area Median   \fIncome (AMI) for a minimum of 30 years; (2) Also 2 units (5%) will be affordable serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 30 years; and (3) The developer estimates a total development cost of approximately $9.15M. The point summary was as follows: (1) 20% of units affordable at 60% AMI for 30 years - (20 +10 = 30 points); (2) 10% Rental Assistance (10 points); (3) Housing someone from the Homeless By Name list (5 points); (4) Location (10 points): - 1 mile from a job or urban center and .5 mile from a transit amenity; (5) Brownfield Redevelopment (10 points); (6) Energy Efficiency, Green Building & Solar panels / Energy Star (5+10 +15 = 30 points); and (7) Universal Design- 20% of units (10 points). Total Points: 105 points = 21 years of tax grant benefit. LUIG specifics are (1) The vacant parcels where the building will be built has an estimated current tax value of $259,000 and pays city property taxes of approximately $1043 annually; (2) Under the estimated tax value of $9.15M post-completion, the annual city property tax will be approximately $36,893; (3) The difference is $35,850 which would be granted to the property owner annually for 21 years; (4) The total grant would be $752,850 (over 21 years) which equals $62,737 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes, which is consistent with adopted policy; and (5) After year 21, the City will receive the approximate $36,893 annually in city tax revenue (depending on future property tax increases, etc.). She reviewed the Council committee results. Staff recommends approval of a motion to recommend that City Council approve the Land Use Incentive Grant application for Reed Creek Greenway Plaza project/421 Broadway Street. The LUIG application will also be reviewed by the Finance Committee in May. Review by City Council will be on May 24 at the same meeting as the Conditional Zoning hearing.   Councilwoman Wisler was happy with this project; however, she feels like the City is incentivizing the developer to adhere to their deed restrictions, which they agreed to. She proposed the total point summary should be adjusted to 95 points, not 105 points, for 19 (not 21) years of tax credit benefits.   In response to Councilwoman Roney, the applicant’s attorney Damie Sesay spoke to the details of energy efficiency, green building and solar panels. She noted that they will provide solar panels for all common areas; however, not individual units.   Ms. Sesay responded to Councilwoman Wisler’s concern and urged Council to consider the totality of what this development is offering.   PUBLIC HEARING TO CONSIDER CONDITIONAL ZONING OF  MULTIPLE PROPERTIES LOCATED AT 427 BROADWAY STREET FROM  NEIGHBORHOOD CORRIDOR DISTRICT TO NEIGHBORHOOD CORRIDOR  DISTRICT/CONDITIONAL ZONE   ORDINANCE NO. 4948- ORDINANCE TO CONDITIONALLY ZONE MULTIPLE  PROPERTIES LOCATED AT 427 BROADWAY STREET FROM  NEIGHBORHOOD CORRIDOR DISTRICT TO NEIGHBORHOOD CORRIDOR  DISTRICT/CONDITIONAL ZONE   Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone multiple properties located at 427 Broadway from Neighborhood Corridor District to Neighborhood Corridor District/Conditional Zone.This public hearing was advertised on March 11 and 18, 2022. On March 22, 2022, the applicant requested this public hearing be continued to April 12, 2022. On April 12, 2022, the applicant requested this public hearing be continued to this date.  Project Location and Contacts: - The project site totals 1.53 acres and is located at 421, 425, 427, and 99999 (x 3)    \f Broadway St. (PINs 9649-14-2559, 3514, 3592, 3483, 4359, and 4386). - Owners: Reed Creek Greenway Plaza LLC. - Applicant: Suzanne Godsey, RLA  Summary of Petition: - The existing site consists of a surface parking lot and a single story commercial building. - The subject properties are currently zoned NCD; however, the applicant is seeking a  zoning change to NCD-CZ for the purpose of modifying some basic development  standards including: spacing between entrances, building square footage, height, side  setback and property line buffer. - The project site includes 6 parcels, totalling 1.5 acres. - The northwest portion of the site is a former brownfield area that does not allow  residential development. - The proposed project is a mixed-use development that will be constructed in two phases: - Phase I consists of Building “A”, a new 4-to-5-story residential multi-family  building with 49 dwelling units, along with the existing one-story commercial  building (labeled Building “B”) and 46 surface parking spaces with sidewalk,  walkway, and other site improvements - Phase II consists of Building “C”, a new two-story commercial building placed at  the corner of Broadway and Cauble Streets, along with surrounding sidewalk,  walkway and outdoor gathering areas. - Phase II will share parking with Phase I. - New construction includes Building “A” which is 45,000 square feet and 44’-6” tall and  Building “C” which is proposed to be not more than 7,400 square feet. - The final height of Building “C” is not yet determined but will not exceed 40 feet. - Building “A” will also include indoor community/co-working space in addition to a bike  storage room and individual storage closets for units. - Building “B” is an existing one-story commercial building that will remain unchanged in  height and size but will include the addition of a cantilevered deck at the rear of the  building. - A minimum of 37 off-street parking spaces is required and satisfied through the  construction of a 46-space, surface parking lot. - The minimum number of parking spaces required is estimated at 74 spaces but can be  reduced by 50% for projects located in the NCD. - The applicant is partnering with the City of Asheville on a stand-alone parking lot located  across Cauble St. to the north. - Reed Creek and its associated stream buffer crosses the site along the western property  boundary (behind buildings) - the Reed Creek Greenway is located on the south side of  the creek, off the subject property. - A 10 foot wide sidewalk along Broadway St. is proposed and a six-foot wide sidewalk is  proposed along Cauble St. and will connect to an existing sidewalk connection leading to  the greenway. - A required neighborhood meeting was conducted on December 29, 2021 using remote  meeting technology. - Four of the six properties included in the site area are designated “Traditional Corridor”  on the city’s Future Land Use (FLU) map and will not need to be re-classified. - The two parcels furthest south are designated “Parks/Open Space” and must be changed  to match the other four parcels. - Affordable housing is included in the Project:  a. A minimum of 25 percent of the total number of units (12 units) will be designated  affordable for a minimum period of 30 years;  b. 10 of the affordable units will be affordable to those earning at or below 60% of Area  Median Income (AMI);    \f c. 2 of the affordable units will be affordable to those earning at or below 80% of the  Area Median Income (AMI);  d. 5 units (50% of the 60% AMI units) will accept HACA Housing Choice vouchers.  e. The rent and income limits will follow the Affordable Housing Standards determined  annually by the City of Asheville Community Development Department.  f. An Affordable Housing Deed Restriction will be provided by the City and will be filed  and recorded by the property owner in the Buncombe County Register of Deeds prior  to the project receiving final zoning permit. - Landscape requirements apply, including street tree, parking lot, street buffer, building  impact, and property line buffer (Type B). - The NCD requires certain “Design and operational standards” including 45% ground level  fenestration; pedestrian entrances every 45 feet, street facing orientation, and  architectural detailing and/or articulation to break up facades over 45 feet in length. - This project meets some of those standards but is seeking modifications for others (see  final bullet below). - There is no transit service on Broadway St. Bus lines are located a half mile to the east  on Merrimon Ave. and 0.3 miles to the west on Montford Ave. - Maximum density in the NCD is 35 units/acre - the proposed density is 32 units/acre. - Open space shall be required at a rate of five percent of the total parcel (3,332 square  feet) but is reduced by 25 percent (2,499 square feet) due to the project area being  adjacent to a public park (Reed Creek Greenway). - The project is classified as “urban” under the tree canopy preservation standards with a  classification of “Class B” with 15 percent of total tree canopy required. - The project satisfies this requirement through preserving a number of existing trees. - Certain intensity bonuses are permitted in the NCD through the Community Incentive  Table. - The project is seeking bonuses for:  1) Square footage greater than 24,000 square feet in exchange for 25 percent of  the units being 700 square feet or less; and,  2) Height greater than three stories/45 feet tall in exchange for an increased  setback of 40 feet when adjacent to residentially zoned property. - The project is seeking modifications through the conditional zoning process including:  - Spacing of pedestrian entrances greater than 45 feet apart (one entrance for 149  linear feet);  - A side setback ranging from 16 to 23 feet; and,  - 10 foot wide vegetated buffer (with no fence).  Comprehensive Plan Consistency: - The proposed development supports a number of goals including encouraging  responsible growth by: - providing mixed-use infill development in targeted growth areas and - increasing the supply of housing, including affordable housing in proximity to  schools, transit and parks.  Compatibility Analysis: - The moderate-high density residential and commercial project is compatible with the:  - Small-mid scale commercial retail and service businesses along the corridor;  - Other multi-family developments along the corridor; and,  - Open space/recreation areas around the Reed Creek Greenway. - The mixed use project is consistent with the Future Land Use map designation of  “Traditional Corridor”, which calls for buildings to be placed close to the street and  enhanced with wide sidewalks and multi-modal access, a broad range of uses, higher  residential densities, and parking located to the side or rear of buildings.    \f Committee(s): - Technical Review Committee (TRC) - February 21, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - March 2, 2022 - approved unanimously, 6:0.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Palmquist said that there will be three buildings in two phases (separate project for stand alone parking lot). He reviewed the site plan for Phase 1 - Building A + site improvements - (1) Building “A” - 4 to 5 stories; 45,000 square feet; 44-6” tall; 49 units, 20% (10 units) affordable; and setback/buffer reductions; (2) Building “B” - renovation of existing one-story building; and deck expansion; (3) 46 parking spaces (50% reduction); and (4) 10’ wide sidewalk on (portion of) Broadway Street. The site plan for Phase 2 - (1) Building “C” - 2-3 stories; maximum height of 40’; 7400 square free maximum; and proposed office use; and (2) 6’ sidewalk on Broadway and Cauble Streets. He then reviewed building elevations and showed a building perspective. He explained how the proposed project complies with the Living Asheville Comprehensive Plan. He then highlighted three technical modifications: (1) 16-23’ side setback; (2) Reducing the property line buffer to 10’ without a fence; and (3) A single front entrance.   Mr. Palmquist noted that a technical modification has been requested by the applicant earlier today. He explained the landscape buffer on the western side of the site. Such modification request is a reduction in the required Type B buffer along the western property boundary to (1) no evergreen trees; (2) 10 large deciduous trees; and (3) 10 small deciduous trees. He has consulted with City Attorney Branham and he advises that basically Council can approve the project with that modification now. However, staff is recommending that it go back to the Planning & Zoning Commission for reconsideration with this new condition as this modification was not discussed by them. He did note that staff would most likely recommend the project with this additional condition.   Mr. Palmquist said other project conditions are (1) Consistent with density/mass/scale of other projects in the NCD; (2) Architectural detailing that breaks up facade; (3) Pedestrian orientation w/ wide sidewalks; (4) Preservation of stream buffer; (5) 49 residential units, 25% affordable for 30 years (a) 10 units at or below 60% AMI; (b) 2 units at or below 80% AMI; and (c) 5 units (50% of the 60% AMI units) will accept HACA Housing Choice vouchers; (6) Community/co-working space; and (7) Indoor bike room and storage closets for residents. He said that City staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.   City Attorney Branham said that there is no specific trigger when something is remanded back to the Planning & Zoning Commission, but in these types of rezonings, a recommendation is sought before that body. He said that Council has the authority to approve the project now, without going back to the Planning & Zoning Commission if it so chooses.   Ms. Sesay responded to Councilwoman Roney when she asked if trees could be added in the parking lot area.   At 7:23 p.m., Mayor Manheimer opened the combined public hearing, and when no one spoke, she closed it at 7:23 p.m.    \f Mayor Manheimer said that members of Council have been previously furnished with copies of the resolution and ordinance and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Roney","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":1,"mr":"contested vote","sq":16},{"d":"2022-05-24","mt":"regular","id":"IV-C","ref":"ORD 4949","it":"public_hearing","t":"Public hearing to consider conditional zoning of 1001 Patton Ave","desc":"Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zoning 1001 Patton Avenue from Highway Business District to Commercial Expansion/Conditional Zone. This public hearing was advertised on May 13 and 20, 2022.  Project Location and Contacts: - The project site consists of a 17.47 acre parcel located at 1001 Patton Avenue (PIN  9638-28-5358). - Owner: Ingles Patton Avenue Exchange LLC  Summary of Petition: - The property is currently zoned Highway Business (HB) and is designated “Urban  Center” on the city’s Future Land Use (FLU) Map. - The project area includes 17.47 acres located at 1001 Patton Ave and is identified in the  Buncombe County land records as PIN 9638-28-5358. - Due to the size of the project (over 100,000 square feet), the application is to  conditionally rezone the subject property from Highway Business (HB) to Commercial  Expansion - Conditional Zone (COM EXP - CZ). - The project consists of a demolition and redevelopment of a vacant “Big Kmart” store,  parking lot, and other vacant retail uses. - New construction includes a series of one-story buildings that total five retail spaces,  including an Ingles supermarket, and a “Gas Express” fueling station with a 220 square  foot building. - The total square footage of new construction is 149,754 square feet. - The Ingles store and Retail #3 are attached and have a consistent floor plane. - Retail #1 and Retail #2 are attached with a floor plane that is at an angle and slightly  setback to the main Ingles building. - Retail #4 is in a separate building at the front of the site. - Access to the site is provided by three existing curb-cuts: one at Patton Avenue, one at  Hawkins Lane, and one at N. Louisiana Avenue. - The project proposes a pharmacy drive-thru at the front of the main Ingles building. - The maximum height of buildings allowed in the COM EXP district is 80 feet. The  maximum height of the proposed buildings vary from 18’-8” to 43’-8”. - The COM EXP district requires that parking lots be located to the side or rear of all  buildings fronting the primary street, and are encouraged to be placed to the side or rear  of all buildings located along the internal access routes. - The project is proposing the parking lots to be located in front of the Ingles grocery store  and Retail 1, 2, and 3. - A total of 421 parking spaces are proposed, 15 of which are handicap spaces, which is  less than the min/max (428/749 spaces) required parking for the project. - A total of 22 bicycle parking spaces is provided, which is the minimum required based on  the number of automobile parking spaces being provided. - Patton Avenue supports high frequency transit service. The nearest bus stop is located  less than 200 feet west of the main entrance near the intersection with Louisiana Avenue,  with a second stop located approximately 1/4 mile east near the intersection with Florida  Avenue. - Additional transit service is along N. Louisiana Avenue. - The project proposes to improve the two bus stops located on N. Louisiana Avenue  adjacent to the project site to bus shelters to the standard city specifications. - The improvement of the bus stop on the west side of N. Louisiana Avenue is subject to  that property owner’s granting of an easement. - The minimum front setback of 35 feet and rear setback of 25 feet are met. No side  setbacks apply. - The maximum impervious surface requirement is 80%; this project proposes a max  impervious surface amount of about 64%. - The COM EXP district requires sidewalks along frontages to be 10 feet-wide and  sidewalks within the development to be 8 feet-wide. - The project will include an 8-foot wide sidewalk with 5-foot wide planting strips along  Patton Ave, and a minimum 5-foot wide sidewalk along Hawkins Ln. - No new sidewalk will be constructed on N. Louisiana Avenue though a fee-in-lieu  payment will be required. - A sidewalk already exists on the west side of N. Louisiana Avenue. - Sidewalks within the development will vary between 5 feet-wide and 6 feet-wide, with the  exception of the sidewalk on the north side of the main east-to-west access drive which  will be 10 feet-wide. - The COM EXP district requires fenestration along the building facade(s) facing the  primary access corridor, for a minimum of 40 percent of the ground floor horizontal  dimension, which the proposed project complies with. - The COM EXP district requires that all buildings shall include a well-defined operable  entrance at regular intervals not exceeding 75 feet on each primary facade to encourage  access by pedestrians. - The Ingles store and retail spaces number 1, 2, and 3 are proposed with entrances in   \f excess of 75 foot intervals. - Street tree, property line buffer and building impact landscape requirements are required  and satisfied as proposed. - Open space shall be required at a rate of 15% of the total parcel, and is proposed at  17.6%. - The subject property is classified as “Urban” under the tree canopy preservation  standards with a classification of “Class B” resulting in a 10% tree canopy requirement.  This requirement is met with existing tree canopy located in the northeast of the site. - The project is seeking technical modifications to development standards through the  conditional zoning process including:  - Eight foot-wide sidewalk with a five foot-wide planting strip along Patton Ave, and  a minimum five foot-wide sidewalk along Hawkins Ln. No new sidewalk will be  constructed on N. Louisiana Avenue.  - Sidewalks within the development will vary between five-feet wide and six-feet  wide, with the exception of the sidewalk on the north side of the main  east-to-west access drive which will be ten feet-wide.  - Parking lots to be located to the front of the buildings fronting the primary street.  - Loading berths limited to two for the Ingles Market and one per each future  development onsite that is over 20,000 square feet.  - Three driveways into the site, each from a separate roadway.  - 421 total parking spaces instead of the required 428 spaces.  - Building entrance spacing in excess of the required 75-foot distance.  - No bike lanes into the development.  Consistency with the Comprehensive Plan: - The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan including by: - supporting the development/redevelopment of sites that are underutilized, - establishing accessible and well-connected commercial nodes, and - eliminating gaps in the city-wide sidewalk network while prioritizing construction  in underserved communities that have no sidewalks. - The proposed development is partly compatible with the Future Land Use designation of  “Urban Center”, which is described, in part that, “...while they may currently be the  location of commercial and office uses, the future focus of urban centers will be  mixed-use development including higher density residential development providing a  wide range of multifamily housing types”. - The subject property was originally included in the city’s proposal to rezone several  nodes along commercial corridors, such as Patton Avenue, into the new Urban Place  Form District as recommended by Living Asheville. - However, city staff removed the subject property from rezoning consideration due to  concerns from adjacent neighborhoods about future increased property values and the  potential impacts of displacement in their neighborhoods.  Compatibility Analysis: - The proposed project is located directly on Patton Avenue (US Hwy 19/23) between N.  Louisiana Avenue and Hawkins Lane, and is compatible with the suburban-style  commercial development in the immediate vicinity, as well as the residential  neighborhood to the north due to the vegetated area in the north of the project site which  serves as a buffer. - The city has received a letter of support for the project from the Emma Neighborhood  Council/PODER Emma, which is located to the north of the subject property.  Council Goal(s): - The council goal of A Well-Planned and Livable Community is most applicable.   \fCommittee(s): - Technical Review Committee (TRC) - January 10, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - May 4, 2022 - approved (Vote: 5-1) with the  following conditions: 1) That the bus shelters proposed at N. Louisiana Avenue be  relocated internally to the site if agreed to by the City’s Transportation Department; and,  2) That the applicant engage with the neighboring community to identify local businesses  that meet community needs and could be located within the new development.   Staff Recommendation: - Staff recommends approval of the project, for the reasons stated above.   Mr. Palmquist showed several maps associated with the project. Regarding the site plan, (1) demolition and redevelopment of vacant Kmart; (2) total 150,000 square feet of commercial; (3) Ingles Grocery Store, four retail spaces, and gas fueling; (4) 421 parking spaces total; (5) 3 driveway access points; (6) sidewalks 8’-wide and 5’-wide planting strip along Patton Avenue, 5’-wide along Hawkins Lane, no sidewalk along North Louisiana Avenue, varying internal widths of 5’-wide to 10’-wide; (7) improved two bus stops to shelters on North Louisiana Avenue; and (8) landscaping, open space, tree canopy preservation standards. He showed several building elevations, along with how the project complies with the Living Asheville Comprehensive Plan (partly). He then reviewed the review process noting at on May 4, 2022, the Planning & Zoning Commission approved the project on a 5-1 vote, with the following two conditions: (1) That the bus shelters proposed at North Louisiana Avenue be relocated internally to the site if agreed to by the City’s Transportation Department; and (2) That the applicant engage with the neighboring community to identify local businesses that meet community needs and could be located within the new development. He then highlighted the following conditions: (1) Two electric vehicle charging stations will be installed; (2) The two bus stops located on N. Louisiana Avenue adjacent to the Project will be improved to bus shelters to the standard city specifications. The improvement of the bus stop on the west side of N. Louisiana Avenue is subject to that property owner’s granting of an easement; and (3) That the applicant engage with the neighboring community to identify local businesses that meet community needs and could be located within the new development. Technical modifications consist of (1) 8’-wide sidewalk with a 5’-wide planting strip along Patton Ave, and a minimum 5’-wide sidewalk along Hawkins Ln. No new sidewalk will be constructed on N. Louisiana Avenue; (2) Sidewalks within the development will vary between 5’-wide and 6’-wide, with the exception of the sidewalk on the north side of the main east-to-west access drive which will be 10’-wide; (3) Parking lots to be located to the front of the buildings fronting the primary street; (4) Loading berths limited to two for the Ingles Market and one per each future development onsite that is over 20,000 square feet; (5) Three driveways into the site, each from a separate roadway; (6) 421 total parking spaces instead of the required 428 spaces; (7) Building entrance spacing in excess of the required 75-foot distance; and (8) No bike lanes into the development. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.   When Councilwoman Turner asked about the project partly being consistent with the Future Land Use Map (Urban Place), Mr. Palmquist said that it means that the Urban Place District included housing, and this project does not.   In response to Councilwoman Wisler, Mr. Palmquist said that Highway Business District is an older model of commercial development that is slowly being phased out; however, it is still a current zoning district in the Unified Development Ordinance.   Councilwoman Roney said that some of the things she has heard from the Legacy Neighborhoods around gentrification or anti-displacement measures are opportunities to invest in    \flong-term safety strategies, which includes investment in pre-K, investment in community gardens, investment in community land trust and investment in equitable public services. Those are still opportunities that we have to invest in community health, well-being, sustainability and resilience. We have a long way to go as partners in the region, like coordinating between the City and the County.   Mr. Palmquist responded to Councilwoman Wisler when she questioned if the positives of this project outweigh the negatives, noting that she was disappointed with the lack of creativity by the developer.   Mayor Manheimer opened the public hearing at 7:48 p.m.   Rocio Alviter, representative of the Emma Neighborhood Council, spoke in full support of the Ingles request for conditional zoning on the previous K-Mart site on Patton Avenue. They believe that affordable housing, small local businesses, intergenerational community ties, and resilient community infrastructure in their neighborhood must have the opportunity to be protected and stabilized before being put at such a risk of the Urban Center development pressure. Ingles has been extremely communicative and accessible throughout this process. Their services as a grocery store, as well as other retail businesses that will be brought to the area are vital to our community. They have requested the opportunity to give input on their community priorities for the future tenants of the retail spaces on the property, to advocate for businesses that will meet the needs of the surrounding community, and in good faith trust that Ingles will be a collaborative partner in the process.   Mayor Manheimer closed the public hearing at 7:57 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2022-05-24","mt":"regular","id":"VI-A","ref":"RES 22-114","it":"resolution","t":"Resolution authorizing the City Manager to apply for and receive grant funds from the Buncombe County Tourism Development Authority","desc":"Urban Design and Place Strategies Manager Stephanie Dahl said that this is the consideration of adoption of resolution authorizing the City Manager to apply for Tourism Product Development Fund (TPDF) grants and receive awarded funds up to the amount of $7,867,000 for the following capital projects: 1) Municipal Golf Course, 2) Swannanoa Greenway, 3) WNC Nature Center Farm and Butterfly Experience, and 4) Coxe Avenue Green Street.    \fBackground: - The Buncombe County Tourism Authority provides grants for projects that support  tourism in Buncombe County. - This is an excellent source of funding to supplement municipal projects. - The City has a developed list of capital projects, many of which not only improve the  quality of life for residents but they also support tourism and thus are eligible for TPDF  funding. - The following four projects have been identified as candidates for this year’s funding  request and are listed in priority order.   1. Asheville Municipal Golf Course Improvements - $1,000,000 requested - Revitalization of a historic Donald Ross designed golf course - First integrated golf course in the south which hosts the longest running  Black owned/operated professional tournament in the Country - Improvements needed include stormwater infrastructure, water  collection, tee box upgrades, green and sand trap improvements - Improvements will help to restore the original course design and will  include historic/educational markers.   2. Swannanoa Greenway Phase One - $2,300,000 requested - First phase of a 7.5 mile greenway that will connect with the Wilma  Dykeman (RADTIP) greenway - This project is nearly shovel ready. The funds will be used to make up a  funding gap. - If awarded, the TDA funds will allow the City to complete the whole  project on one timeline, rather than breaking it into two projects in order  to wait for more funds. - This section of greenway will connect the intersections of Glendale Ave  and Thompson St. to the existing greenway at Bleachery Rd. - The Swannanoa River Greenway is an important greenway for our City;  but also the greenway plans for the County, the region and the state.   3. WNC Nature Center Gateway to the Southern Appalachians Enhancement -  $567,000 - This exhibit will help to improve the gateway experience at the Nature  Center and continues the renewal of the facility. - Improvements will help to develop space that will accommodate large  events and gatherings. This will help this facility to become more  marketable as a regional attraction. - Previous improvements to the facility, which have been funded in part,  using TPDF funding have resulted in immediate and sustained increases  in attendance.   4. Coxe Avenue Green Street - This is the full infrastructure reconstruction of Coxe Ave from north of the  Transit Center to where Coxe Ave meets Southside Ave. - The project will support public art, entertainment, and local businesses. - Pedestrian and bicycle safety are also important considerations for this  corridor and will be incorporated into the design and construction. - Infrastructure improvements are also a key piece of this project. While  replacing and restoring deteriorated infrastructure is necessary, modern  green infrastructure solutions will also be included, making this project a  show piece. - Additions to the African American Heritage trail are also planned for this  project.  Vendor Outreach Efforts: - This is a request for grant funding. Although outreach is not applicable for the funding  request, efforts will be made to be inclusive in the design and construction of these  projects.  Committee(s): - N/A  Pro(s): - The use of grant funds allows the City to complete more projects with its limited  resources - These funds help the City to complete some much needed projects - These funds utilize a source of revenue that is generated from the hotel and occupancy  tax which is only available to the City of Asheville through this program.  Con(s): - Focusing the funding request on these projects prevents other projects from receiving  funding  Fiscal Impact: - TPDF grants require one-for-one matching funds be provided by the City in order to  qualify for grant awards. - This requirement is met for the individual projects in the following way: - Municipal Golf Course - funding match is included in the Proposed FY23 Capital  Budget - Swannanoa River Greenway - matched with currently budgeted General  Obligation Bond (GO) funds - WNC Nature Center - matched with a combination of City capital funds that are  already budgeted and funds from friends of the Nature Center - Coxe Avenue Green Street - matched with a combination of capital funds that are  already planned and MPO funding   Ms. Dahl said that the key takeaways from this presentation are: (1) Eligible projects based on current legislation; (2) interdepartmental evaluation group; (3) Created and followed a process to select eligible projects; and (4) prioritized selected projects for recommendation.   Regarding the Buncombe County occupancy tax, (1) Buncombe County levies a 6% tax on “the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the county that is subject to sales tax imposed by the State.”’ (2) “This tax is in addition to any State or local sales tax. This tax does not apply to accommodations furnished by nonprofit charitable, educational, or religious organizations when furnished in furtherance of their nonprofit purpose.” Any accommodation that collects sales tax must also collect occupancy tax. This includes short term rentals; (3) Three-fourths of the funds may be used only to further the development of travel, tourism, and conventions in the county through state, national, and international advertising and promotion.”; and (4) The   \flimitation on state, national and international advertising and promotion has been consistently interpreted as excluding local advertising and promotion. Regarding the Tourism Product Development Fund (TPDF), (1) “TDA shall create a Tourism Product Development Fund and, in order to further economic development in the county, shall credit the remainder of the funds to the TPDF.” ; and (2) “The purpose of the fund shall be to provide financial assistance for major tourism projects in order to significantly increase patronage of lodging facilities in Buncombe County.”   Regarding the current legislation and potential legislative changes, (1) Existing legislation requires 75% of total revenue to be invested in marketing and promotion and 25% to be invested in tourism-related projects; (2) The $15 million projected to be available in the Fund has been collected under existing legislation. Legally it must be used according to those legislative guidelines; (3) Reports say the hospitality community is supportive of and advocating for a change to the Buncombe County occupancy tax legislation in the current short session which began in Raleigh on May 18; (4) Split of funding dedicated to marketing vs community projects could move from 75%-25% to 66%-33%; and (5) Broadening of usage of 25% (or 33%) split to maintenance for projects could broaden in type and scope. The TPDF fund balance available as of latest financials - $11.1 Million; and the TPDF fund balance projected to be available by Fiscal Year end (June 2022) is $15.1 Million. He then reviewed the TPDF 2022 cycle timeline. TPDF core criteria is (1) Funding must be for capital investments only; (2) Project must demonstrate that it will create substantial new and incremental overnight lodging in Buncombe County; and (3) Restricted to nonprofit organizations including municipal partners - *Additional Criteria considered to assess if projects are in alignment with the BCTDA’s strategic pillars. TPDF strategic pillars are (1) Deliver Balanced Recovery & Sustainable Growth; (2) Encourage Safe & Responsible Travel; (3) Engage & Invite More Diverse Audiences; and (4) Promote & support Asheville’s Creative Spirit.   The City project selection criteria used were (1) deliver balanced recovery and sustainable growth; (2) encourage safe and responsible travel; (3) engage and invite more diverse audiences; and (4) promote and support Asheville’s creative spirit.   Director of Community & Regional Entertainment Facilities Chris Corl said that regarding the Municipal Golf Course, (1) Donald Ross designed course; (2) First Public Golf Course in NC; (3) First Integrated Course in the SouthEast; (4) Home of the Skyview Tournament; (5) Last remaining ‘affordable’ public fee course in Asheville; (6) Significant stormwater repairs needed - assessed & estimated in 2020 @ $2.2M; (7) Water retention & irrigation; (8) Tree adjustments; and (9) Bunkers, fairways & green repairs *where required due to stormwater repairs*. A survey of the Municipal Golf Course resulted in (1) 68% - Course is in terrible or poor condition; (2) Current Fees - Fair; (3) Support increase - If & when improvements are made; (4) 77% - feel COA should invest $1M or more; and (5) 90% - support thinning of trees at direction of design team. The TPDF Requested amount - up to $2,000,000 ; City of Asheville - $1,000,000; New Operator - up to $1,000,000; and Estimated overall project budget is $2 - $4,000,000.   Regarding the Swannanoa River Greenway, this project will be shovel ready by 10/2022. The TPDF funding would allow the City to build the whole project seamlessly without breaking it into two projects: (1) Maximize cost efficiencies; (2) Minimize environmental impacts to area; and (3) Minimize impacts to businesses in project area. The Swannanoa River Greenway Corridor is 7.5 miles long. There are two active projects for greenway opportunities. The Swannanoa River Greenway is an essential part of Asheville’s Greenway Network but also an important corridor in: (1) Buncombe County’s Master Plan; (2) The WIlma Dykeman RIverWay Plan; (3) The Regional Trail Plan (aka Hellbender Trail); and (4) The Fonta Flora State Trail. This project is the first phase of a very important greenway for the City, the County, the Region and the State. TPDF Requested amount - $2,300,000; Current budget - $3,835,819; Current budget is 100% GO Bond Funds; and Total estimated project cost - $6,135,819.   \f Regarding WNC Nature Center, he showed a chart of their attendance since 2009. TPDF Requested amount - $ 567,000; Friends of the Nature Center - committed - $150,000; City of Asheville $ 480,000; and Estimated overall project cost - $ 1,197,000.   Ms. Dahl said that regarding the Coxe Avenue Complete Street Program, (1) Transform Coxe Ave in Accordance with the Community-Developed South Slope Vision Plan; (2) Design from Patton Ave to Southside Ave; (3) Construction - Based on Available Construction Funds; (4) Approximately .6 miles; (5) Bike/Pedestrian Safety & ADA concerns; (6) Public Space Capacity/Connectivity; (7) Failing Stormwater Infrastructure/Impact on Southside Neighborhood; (8) Climate Related Threats; (9) Safer Places for Pedestrians, Arts, Commerce, History and Culture; (10) Bike Lanes; (11) Stormwater Improvements Benefitting Neighbors Downstream; (12) Green Infrastructure; and (13) Increased Tree Canopy. TPDF Requested amount - $3,000,000; City of Asheville - $2,365,000; NCDOT Grant - $9,460,000; and Estimated overall project budget - $14,825,000.   The total TPDF grant amount requested is as follows:   1. Municipal Golf Course $2,000,000  2. Swannanoa Greenway $2,300,000  3. WNC Nature Center $567,000  4. Coxe Avenue $3,000,000   Total request: $7,867,000   Mr. Corl and Ms. Dahl responded to various questions/comments from Council.   When Mayor Manheimer asked for public comments, none were received.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2022-05-24","mt":"regular","id":"VI-B","ref":"RES 22-115","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with the N.C. Dept. of Transportation regarding its 4-3 lane conversion","desc":"Transportation Director Ken Putnam said that this is the consideration of a resolution authorizing the City Manager to enter into an agreement with the N.C. Dept. of Transportation regarding its 4-3 lane conversion of Merrimon Avenue between W.T. Weaver Boulevard and Midland Road.    \f  Background: - As requested in Resolution #18-37 that was approved by City Council on February 13,  2018, City staff and NCDOT staff have been working together to develop alternatives for  Merrimon Avenue that would accommodate all users and that would align with city goals  and adopted plans. - Through an” express design” process (Project # H191814) conducted by NCDOT, three  alternatives were developed including a 4/3 lane conversion alternative from SR 2230  (Beaverdam Road) to I-240. - When NCDOT programmed a maintenance project to resurface US 25 (Merrimon  Avenue, Broadway Street, Biltmore Avenue) from Midland Road to US 25 (Southside  Avenue), City staff sent a letter dated August 26, 2019 requesting NCDOT to work with  the City to explore the potential for implementing a 4/3 lane conversion on Merrimon as  part of the resurfacing project. - An engineering consulting firm, contracted by the NCDOT, prepared a Capacity Analysis  Report dated June 2021 to analyze the 4/3 lane conversion alternative developed in the  “express design.” - The Capacity Analysis Report indicated that a 4/3 lane conversion could be implemented  between Midland Road and WT Weaver while maintaining acceptable levels of traffic  congestion and reducing vehicle crashes. - In December 2021, the NCDOT and the City decided to seek public input on the  proposed 4/3 lane conversion. - A public meeting was held on February 28, 2022 and a public survey was open between  February 23 and March 23. - Over 300 people attended the public meeting and more than 3,000 surveys were  completed. Results of the survey indicated that 59% of the respondents support a 4/3  lane conversion. - Based on the results of the Capacity Analysis Report, the public meeting, and the survey,  NCDOT and City staff have agreed to move forward with a 4/3 lane conversion along US  25 (Merrimon Avenue) from Midland Road to WT Weaver Blvd and to partner on the  implementation. - The resurfacing project has a total estimated cost of $2,500,000 and is anticipated to be  completed by December 31, 2022. - The NCDOT has requested that the City contribute $275,000 toward the project to cover  the cost for adjusting traffic signal heads at each of the existing signalized intersections  between Midland and WT Weaver. - Although NCDOT and City staff fully expect the 4/3 lane conversion to be successful, the  proposed construction and maintenance agreement includes a clause that establishes  the criteria and conditions for which the 4/3 lane conversion would be evaluated if various  safety issues occur, and if removal of the 4/3 lane conversion would be considered. - If the removal clause is exercised, the City would be responsible for the appropriate traffic  signal adjustments and pavement markings up to a maximum cost of $300,000. - The NCDOT will be responsible for all maintenance activities, including the street  sweeping as a part of their ongoing maintenance activities. - If the City would like the street sweeping activities to be performed more frequently, the  City would be responsible.  Pro(s): - Expected to decrease crashes - Expected to reduce vehicle speeds - Aligns with the city’s complete streets goals (multi modal users) - Leverages funding associated with the planned NCDOT resurfacing project  Con(s): - Peak hour congestion (rush hour AM and PM) is expected to slightly increase delay and  travel time - Transit vehicles could cause congestion (traffic backup) when loading and unloading  passengers - Community disagreement on whether or not to implement the project  Fiscal Impact: - The cost to the City is estimated to be $275,000. - Funding for this cost is not included in the current adopted budget. - A Capital Improvement Program (CIP) request for Fiscal Year (FY) 2023 is being  prepared, and will be considered along with other CIP requests as part of preparing the  Manager’s Recommended FY 2023 Budget. - After an appropriate time frame, if the 4/3 conversion is to be reversed, the maximum  cost to the City is estimated to be $300,000.   Transportation Director Ken Putnam provided the following key takeaways: (1) the NCDOT has programmed a project to resurface Merrimon Avenue during calendar year 2022 at a total anticipated cost of $2.5 Million; (2) the proposed project includes converting a section of Merrimon Avenue between Midland Road and W.T. Weaver Boulevard from 4 lanes to 3 lanes (4/3 lane conversion); (3) the purpose of the project is to improve safety and provide options for all multimodal users; (4) align with the City’s and NCDOT’s complete streets goals to accommodate multimodal users; (5) the City’s cost share to implement the 4/3 lane conversion is $375,000; (6) the requested action is to approve an agreement between the City and NCDOT; and (7) although the City and NCDOT staff fully expect the 4/3 lane conversion to be successful, the agreement includes a removal clause that establishes the criteria and conditions to evaluate if safety issues occur. He then provided the following background information: (1) City and NCDOT staff have been discussing the possibility of converting Merrimon Avenue from 4 lanes to 3 lanes (4/3 lane conversion project) since 2018 as requested by Resolution No. 18-37; (2) the NCDOT adopted a complete streets policy during August of 2019; (3) when the resurfacing project was programmed in 2019, City staff asked NCDOT to explore the potential of implementing the 4/3 lane conversion as part of the resurfacing project; (4) during December 2021, City and NCDOT staff initiated a public input process; (5) the public meeting was held on February 28, 2022 (300+ attendees); (6) a public survey was open for 30 days (3,000+ surveys completed; (7) 59% of the survey respondents supported a 4/3 lane conversion; (8) City and NCDOT staff agreed to move forward with a 4/3 lane conversion as a partnership opportunity; (9) the 4/3 lane conversion would begin at Midland Road and end at W.T. Weaver Boulevard; and (10) although City and NCDOT staff fully expect the 4/3 lane conversion to be successful, the agreement includes a removal clause that establishes the criteria and conditions to evaluate if safety issues occur. Project goals consisted of (1) expected to decrease crashes; (2) expected to reduce vehicle speeds; (3) aligns with the City’s and NCDOT’s complete streets goals (multimodal users); and (4) leverage funding associated with the planned NCDOT resurfacing project. Other concerns include (1) peak hour congestion (rush hour AM and PM) is expected to    \fslightly increase delay and travel time; (2) transit vehicles could cause congestion (traffic backup) when loading and unloading passengers; and (3) community disagreement on whether or not to implement the project. He reviewed the Charlotte Street outcomes (1) crashes have decreased by 59%; and (2) vehicle speeds have decreased by 3%. Regarding emergency vehicle response times, (1) The Asheville Fire Department does not anticipate any negative impacts to response times based on research and its experience with Charlotte Street; (2) due to current limited resources, the Asheville Police Department (APD) initially expressed concerns about response times for service calls but are now comfortable with the proposed project due to the potential for the street to be converted back to four lanes if safety issues occur; and (3) the APD will closely monitor response times after project completion. He said the agreement (1) includes construction and maintenance responsibilities; (2) a removal clause; (3) includes total project cost and cost-sharing amounts; and (4) NCDOT and City staff will meet on a quarterly basis following implementation to review safety and operations data including response time data provided by the APD to assess impacts of the 4/3 lane conversion. The fiscal impact to the City is $275,000 (Fiscal Year 2023); and a maximum of $300,000 if removal clause is exercised (Fiscal Year 2025). Regarding maintenance, the NCDOT will be responsible for all maintenance activities including street sweeping per standard maintenance cycles. The City would be responsible to perform more frequent street sweeping activities. The staff recommendation is to approve an agreement between the City and NCDOT to convert Merrimon Avenue from 4 lanes down to 3 lanes from Midland Road to W.T. Weaver Boulevard as a part of a resurfacing project.   In response to Councilwoman Wisler, Mr. Putnam explained that it will be the portion of Merrimon Avenue from W.T. Weaver Boulevard to Midland Road (the most southern part of Midland Road where it connects to Merrimon Avenue).   Councilwoman Kilgore stated several of the following concerns: it may cost the City more than $275,000 since that is only the anticipated cost to the City for traffic signal changes; the addresses are not available for the 4,000 participants in the survey to determine if they were local or not; public safety issue when you introduce bicycles in a high traffic area; not fair to use traffic comparison of Charlotte Street with Merrimon Avenue as study was done in 2016 and the traffic patterns are so different and heavier traffic now; about six bus stops on Merrimon and people will not wait for the bus to move, but get into the center lane to pass the bus; increase in actual travel minutes; should wait until I-26 is completed so we can judge how the traffic is affected; not sure how many municipalities have agreements with the NCDOT that have removal clauses; crash history for this portion of Merrimon Avenue; bottleneck when the lane conversion occurs; and community meeting in February was not soliciting public comment, but only showed what the project would look like.   Mayor Manheimer spoke in support of this 4/3 lane conversion for several reasons, some being, but are not limited to: the section to be a 4/3 conversion does have a similar count to Charlotte Street; commute time is only 2-3 minutes longer; emergency vehicles use the center lane on Charlotte Street; this conversion is a safety issue, especially for bicyclists; number of accidents on Merrimon Avenue is very high compared to similar roads in North Carolina; we have a duty to make this road safer for our community; excited that NCDOT has completed their Complete Streets Policy; the City has done other road diets with more in the pipeline; just continuing to widen roads is not compatible with a growing city; business owners realize this lane conversion is good for business; and NCDOT engineers feel this lane conversion can work.   Councilwoman Wisler said that she asked the Metropolitan Planning Organization about the removal clause and they identified at least two other municipalities that have that provision in their agreement.   Councilwoman Turner questioned if people are allowed to use the turn lanes in order to pass a bus or another stopped vehicle in the travel lane.   \f Mr. Mark Gibbs, PE - NCDOT Western Deputy Chief Engineer (Divisions 7 & 9-14), responded to various questions from Council, some being, but are not limited to: what is the travel time expectations for this section of lane conversion on Merrimon Avenue; and provided background information on how the 2018 NCDOT design was for 5 lanes, and now it is a conversion to 3 lanes.   Councilwoman Roney said that if we are going to get serious about reducing our fatal crashes, this is the opportunity to do it. The Pedestrian & Bike Task Force, along with the Multimodal Transportation Commission, unanimously supported this conversion, and felt it should also extend to Chestnut Street for safety reasons.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Transportation","mo":"individual","mv":"Roney","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":1,"mr":"contested vote","sq":20},{"d":"2022-05-24","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session (disclosure; economic development; real property acquisition)","desc":"","c":"Economic Development","mo":"procedural","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":21},{"d":"2022-05-24","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Kilgore","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":22},{"d":"2022-05-24","mt":"regular","id":"remote","ref":"","it":"motion","t":"Motion to allow Vice-Mayor Smith to participate remotely due to illness","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1K1aa8ZnMacXf_QYUtBnB1EP-dpKNez9u/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-06-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held May 24, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-06-14","mt":"regular","id":"II-B","ref":"RES 22-116","it":"resolution","t":"Resolution authorizing the City Manager to execute a lease agreement with East Asheville","desc":"Background: - The recreation area known as the Charlie Bullman Park is owned by the East Asheville Youth Activities Booster Club (East Asheville). - In 2011, the City of Asheville entered into a lease agreement with East Asheville for property located at New Haw Creek Road and Bell Road. - The property and existing site improvements have been used exclusively for recreational purposes. - The park is needed for recreational programming activities serving East Asheville. - This lease is beneficial to the Parks and Recreation Department because it allows the department to support youth recreation sports, specifically baseball, softball and t-ball. - The most recent lease expired in August 2021, and the City approached East Asheville expressing interest in renewing the lease for an additional 2 (two) years at the current rate of $1.00 per year. - East Asheville is agreeable to an extension of the lease for another 2 years. - Existing terms of the lease will continue, such as the City’s commitment to maintain the facilities, make any necessary repairs, and cover all utility costs. Council Goal(s) - A Well Planned and Livable Community Pro(s): - City utilizes the facility for nominal rent. - City is free to make any improvements it deems appropriate. Con(s): - The City is responsible for maintaining the facility during the term of the lease. Fiscal Impact: - The lease commits the City to costs to maintain the facility. - Parks and Recreation staff, however, negotiate with local leagues relative to the provisions of a Memorandum of Understanding (MOU). - This MOU specifies and limits the City’s obligation to issues such as field readiness for play.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-06-14","mt":"regular","id":"II-C","ref":"RES 22-117","it":"resolution","t":"Resolution directing the City Attorney to formally intervene in the N.C. Utilities Commission docket","desc":"Vendor Outreach Efforts: - Not applicable  Committee(s): - None Pro(s): - Supports Resolution 17-104 Encouraging a State Goal of 100% Renewable Energy by 2050 - Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal - Supports Resolution 20-25 Declaration of a Climate Emergency - Action prioritized in Moving to 100% Renewable Energy Roadmap Con(s): - This will consume staff time to file the petition to intervene, draft comments, and monitor the docket Fiscal Impact: - None anticipated","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-06-14","mt":"regular","id":"II-D","ref":"RES 22-118","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Pyatt Heating & Air","desc":"Background: - The existing chiller and chilled water pump at Public Works Building A is at the end of its expected useful life and is in need of replacement. - A request for bids was advertised May 5, 2022, and bids were received June 1, 2022. - The following five (5) bids were received: Base Bid Bid Alternate 01 - Pyatt Heating and Air of Marion, NC $139,430.00 $ 3,922.00 - Nor-Well Company, Inc. of Elizabethton, TN $148,900.00 $ 9,800.00 - Renfrow Brothers, Inc. of Spartanburg, SC $150,532.00 $ 7,728.00 - Haynes Industrial of Asheville, NC $160,877.00 $ 5,778.00 - Smyre Refrigeration of Claremont, NC $525,656.00 $59,574.00 - Pyatt Heating and Air of Marion, NC was determined to be the lowest responsive and responsible bidder, including the selected Bid Alternate #01. - Due to long product lead times for mechanical equipment, the project duration is estimated at 297 consecutive calendar days. Vendor Outreach Efforts: - Staff performed outreach to minority owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Owned Business Enterprise (MWBE) service providers for subcontracted services. - Dover Insulation of Marion, NC–a WBE enterprise–will be subcontracted for this project.  Committee(s): - None Pro(s): - This project will provide effective and reliable cooling to the Public Works building, for the comfort, health and safety of the building occupants. - The new chiller will be more efficient than the existing equipment. Con(s): - None. Fiscal Impact: - The funding for this contract is already included in the Fiscal Year 2022 adopted operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-06-14","mt":"regular","id":"II-E","ref":"RES 22-119","it":"resolution","t":"Resolution authorizing the City Manager to execute contract amendments","desc":"Background: - On August 25, 2020, the City Council authorized the City Manager to enter into a Design-Build contract with Weaver Cooke Construction and to execute any associated cost amendments up to a total of $2,304,831.00. - The elevator’s historic qualities will be preserved in the execution of the improvements. - Per City Council Resolution No. 17-09, City Hall is noted as a landmark historic structure, with specific references to the elevators. - The Historic Resource Commission has issued a Certificate of Appropriateness for the City Hall Elevator Modernization Project as a major work project. - The Design-Build delivery method was approved by the City Manager in January 2020 per the requirements of N.C. Gen. Stat. sec. 143-128.1A and City Council Resolution No. 16-45. - On May 14, 2022, Council passed an amendment to authorize additional funds for a total of $2,360,000.00. - Later in the month, the elevator inspector was at City Hall for a review of elevator #1, which passed inspection, and started operations on May 24. - Elevator #3, the City’s last manually operated elevator, was decommissioned on the same day. - During the elevator inspection, the inspector noted the need for additional fire rated walls in the elevator machine room on the 9th floor of City Hall. - This work will be challenging due to the tight spacing of equipment and the age and design of the existing 94 year old elevator shaft. - While elevators #1 and #2 are allowed to operate, the City must comply with the new requirements in order to complete the project. - The requested funds will be added to the contract, and will incorporate sufficient contingency to address fire rating requirements as well as accommodate other potential new requirements. - This amendment increases the City Manager’s authority by an additional $130,000.00 to a revised total of $2,490,000.00. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - MWBE participation is anticipated to be $119,221.00, or 5.04% which exceeds the City’s goal of 4.6% for construction.  Committee(s): - None Pro(s): - The amendment allows for the completion of the project. Con(s): - None Fiscal Impact: - Funding for this contract and any cost amendments up to a total of $2,490,000.00 is already included in the project budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-06-14","mt":"regular","id":"II-F","ref":"RES 22-120","it":"resolution","t":"Resolution authorizing the City Manager to execute an agreement with SEPI Engineering & Construction","desc":"Background: - The project includes installation of sidewalk, pedestrian signal crossings, wheelchair ramps, and bus pads along NC 280 Airport Road from US 25 Hendersonville Road to the southernmost entrance to Walmart. - The area identified for the project has large pedestrian use and there is no sidewalk available or gaps missing between sections. - The area identified will improve mobility options and help to ensure that the City of Asheville remains compliant with current City standards and the Americans with Disabilities Act (ADA). Vendor Outreach Efforts: - The Request for Qualifications (RFQ) was advertised on November 17, 2021. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System, direct contact of firms on City, Historically Underutilized Business (HUB), and Department of Transportation (DOT) Minority & Women-Owned Business Enterprise (MWBE) lists, and requiring prime contractors to reach out to service providers for subcontracted services. - Design firms / Engineers that submitted included the following: - DRMP, Inc. (subconsultant GSC Geotechnical, is a Small Professional Service Firm (SPSF)) - Mattern & Craig, Engineers & Surveyors - Parrish & Partners of North Carolina, PLLC (subconsultant New South Associates Cultural & Natural Resources, is SPSF) - SEPI Engineering & Construction, Inc. (MWBE found on HUB) - TGS Engineers (subconsultant GSC Geotechnical, is SPSF) - Threadcraft Engineering, Inc. (MWBE found on City list) - Vaughn & Melton Consulting Engineers (subconsultant Froehling & Robertson Geotechnical, is MWBE) - Wood Environment & Infrastructure Solutions, Inc. (subconsultant, Site Design Studios, is MWBE / subconsultant, Cole Surveying and Design, is SPSF) - The highest-rated company, SEPI Engineering & Construction, Inc. of Raleigh, NC with offices in Asheville, NC, is a MWBE.  Committee(s): - None Pro(s): - Design of sidewalk that will meet City and National ADA standards. - Improve mobility and safety on city streets. - This action also aligns with the 2036 City Council Vision in that it will make “getting around Asheville easy” (Transportation and Accessibility). Con(s): - Construction will be disruptive to adjacent residences and businesses. Fiscal Impact: - Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-06-14","mt":"regular","id":"II-G","ref":"RES 22-121 / RES 22-122","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Creech & Associates","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-06-14","mt":"regular","id":"II-H","ref":"RES 22-123","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Haynes Industrial","desc":"Background: - This project includes the modernization of boilers at the Shiloh Community Center as well as a transition from boilers to a rooftop package unit for heat and added air conditioning for the gymnasium. - The Shiloh Community Center currently has HVAC equipment many years beyond its intended useful life, which has led to the system constantly failing, causing higher maintenance costs. - A rebid was advertised on April 13th, 2022. - The City received and opened 3 bids on May 5th, 2022. - The names of the contractors and bid amounts (with selected alternates) are listed below: - Haynes Industrial (M.B. Haynes Corp.), Asheville, NC $477,359.00 - Bolton Construction & Services of WNC, Inc., Asheville, NC $492,330.00 - J. Bartholomew Construction, LLC., Hendersonville, NC $519,844.00 - Haynes Industrial, a Division of MB Haynes Corporation, was the lowest responsible responsive bidder with selected alternates. - Through negotiations, the proposed construction fee was reduced to $440,172.00. - The primary construction contract will be valued at $425,727.00. - A secondary service contract valued at $15,250.00 will be awarded via alternate means outside of this primary agreement. - This project will start immediately with a target substantial completion in Winter 2022 or within 60 days from the date of equipment delivery. - Due to Covid-19 related shortages, equipment delivery times may affect the project completion date. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes, which include posting on the State’s Interactive Purchasing System, direct outreach, and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE General Contractors or Subcontractors submitted bids for this solicitation.  Committee(s): - None Pro(s): - This project works towards sustainability objectives by decreasing reliance on fossil fuels through electrification, which will make use of the newly installed solar PV system. (The solar PV system was oversized in anticipation of this project.) - The new modernized modular boiler system will have enormous efficiency improvements as well as added redundancy in the event of failure during below freezing temperatures, making repair times less critical. - The new systems will allow for remote monitoring, which allows facility maintenance staff the ability to review system conditions without having to physically visit the site, reducing employee expenses and freeing up staff resources. Con(s): - Because of material and contractor labor shortages the construction cost is significantly higher than estimates.  Fiscal Impact: - Funding for this contract is included in the current Adopted Capital Improvement Program budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-06-14","mt":"regular","id":"II-I","ref":"RES 22-124","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Terracon","desc":"Background: - The Municipal Building, which houses Fire and Police Headquarters at 100 Court Plaza in Downtown Asheville, is in need of essential structural repairs and exterior renovations to the building facade and roof. - A Request for Qualifications (RFQ) was advertised on October 22, 2021, for Architectural and Engineering Professional Services. - The services requested in the RFQ included a pre-design building investigation and scope assessment; solar feasibility study; and architectural renovation design. - Responses were due November 18, 2021. - The City received five Statements of Qualifications from the consultants listed below: - Atlas Engineering, Inc.-- Raleigh, NC - NOVA Engineering and Environmental, Inc. –Charlotte, NC office - Tarchitects– Raleigh, NC - Terracon Consultants, Inc.-- Charlotte, NC office - WGI, Inc. – Charlotte, NC Office - A committee consisting of representatives from the Asheville Fire Department, Asheville Police Department, and Capital Projects Department carefully evaluated the submissions. - Terracon received the highest score. - On February 21, 2022 the City Manager executed a contract with Terracon Consultants Inc., in the amount of $33,200 for the initial building investigation and scope assessment phase of engineering. - On May 25, 2022 the City Manager executed Amendment No. 1 in the amount of $55,800 authorizing additional structural investigation. - This additional work was based on the findings from the initial investigation. - The total revised contract value including Amendment 1 is $89,000. - This Amendment No. 2 in the amount of $15,000 will authorize additional investigation and testing of the building exterior and roof. - This additional work is based on the findings from the initial investigation. - The total revised contract value including Amendment 2 is $104,000. - The original contract duration for the preliminary investigation was four months through June 21, 2022. This Amendment No. 2 will add 45 days for the additional services, for a revised completion date of August 5, 2022. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through the Request for Qualifications solicitation process which included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Terracon Consultants, Inc. is subcontracting with Sud Associates, P.A. of Asheville, NC, which is a Minority-Owned Enterprise.  Committee(s): - None Pro(s): - This amendment will allow the project scope to be fully defined so that the engineering of the construction documents can proceed. Con(s): - The services provided under this contract are likely to identify costly repairs to the Municipal Building. - Addressing these needs will require most of the funding allocated to facility maintenance over the five year Capital Improvement Program (CIP), limiting the capacity to address maintenance needs at other facilities. Fiscal Impact: - Funding for this contract and any cost amendments up to a total of value of $220,000 is already included in the capital project budget within the adopted Capital Improvement Program (CIP).","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-06-14","mt":"regular","id":"II-J","ref":"RES 22-125 / ORD 4950","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with the McAdams Company; with budget amendment for Pack Square","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-06-14","mt":"regular","id":"II-K","ref":"RES 22-126","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Blanchard, Miller","desc":"Background: - Approval of the contract will allow the city’s lobbyist to continue providing legislative services. - The current contract will expire on June 30, 2022. - The City’s lobbyist provides valuable services through advocating the City’s legislative agenda, lobbying against bills which would be harmful to the City, and providing general counsel to the City and its elected officials on matters dealing with the State legislature.. - In order to maintain these services, it is necessary to initiate a new contract by July 1, 2022. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - Provide continued legislative services in the General Assembly Con(s): - None Fiscal Impact: - The previous contract for these services included a monthly rate of $6,000, but has not been adjusted in many years. - The proposed contract will increase the payment to $7,000 per month, a rate still below other cities contracting for similar services. - Funding for the contract is included in the General Fund Budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2022-06-14","mt":"regular","id":"II-L","ref":"RES 22-127","it":"resolution","t":"Resolution authorizing the City Manager to execute an addendum to the 2019 tax collections agreement","desc":"Background: - Buncombe County has billed and collected City property taxes, including the City’s fee charged for motor vehicles licenses, for many years. - In 2019, Buncombe County and the City of Asheville entered into an updated agreement for the County to continue billing and collecting property taxes under a revised fee structure. - The 2019 agreement provided for a three-year extension of the agreement and delegated approval of that extension to the City and County Managers. - Approval of the three-year extension by the Managers has occurred and will become effective on July 1, 2022. - As a part of the extension, the County has requested a change in the method that electronic funds are deposited with the City. - Historically funds have been deposited in the City’s North Carolina Capital Management Trust (NCCMT) account. - The County, for efficiency reasons, has requested that funds be deposited into the City’s main operating account instead of into the NCCMT account, which follows the County’s normal process for issuing payments. - The City Finance Department supports this change and requests Council approval of the Addendum. - The Buncombe County Board of Commissioners approved the Addendum at their June 7, 2022,meeting.  Pro(s): - Allows the City to continue receiving tax revenue proceeds from the County utilizing an efficient and mutually agreed upon electronic funds deposit method. Con(s): - None Fiscal Impact: - There is no direct fiscal impact to approving this Addendum. - Under the terms of the agreement, the City will pay the County a flat fee of $877,666 in fiscal year 2023 for tax collection services. - The fee for these services increases annually with an automatic annual escalation rate of 2.5% for each successive fiscal year of the agreement","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2022-06-14","mt":"regular","id":"II-M","ref":"RES 22-128","it":"resolution","t":"Resolution authorizing the City Manager to extend a general services agreement","desc":"Background: - The City of Asheville’s Water Resources - Water Production Division operates three water treatment plants (WTPs) to produce clean, safe drinking water for people in The City of Asheville, Buncombe and Henderson Counties. - Each of these plants remove impurities and residuals as part of the treatment process. - These residuals (sludge) are stored in lagoons on site at each facility and are removed on a yearly basis to provide room and storage capacity to allow for water production. - Each of these systems are permitted and regulated through the National Pollution Discharge Elimination System (NPDES), and are subject to those requirements. - In 2019, the City of Asheville Water Resources - Water Production Division issued a RFP for the Water Treatment Plant Sludge Removal Project to provide removal of water treatment residuals from the Mills River, North Fork and William DeBruhl WTPs. - This contract was a three year contract. - Due to unforeseen circumstances, the first year of removal was conducted in 2020 and year two was delayed until 2021. - Year three has not been conducted and the current contract will end in June 2022 if not extended. - Due to Tropical Storm Fred, which impacted Western North Carolina on August 16 through 17, each of the treatment plants have accumulated excess solids and are in need of immediate removal. - The extension of this contract to complete year three will allow this removal and provide adequate time to bid and establish a new multi year contract for future removals of treatment residuals. Vendor Outreach Efforts: - The original contract was established after issuance of a Request for Proposals and a competitive process to establish the most capable vendor to perform residuals removal from the City of Ashevile’s Water Resources - Water Production Division water treatment plants. - The City of Asheville entered into a general services agreement with Bio-Nomic Services, Inc. on August 13, 2019 for the removal of Water Treatment Plant Residuals for the three Water Resources - Water Production water treatment plants. - Bio-Nomic Services, Inc. has provided residuals removal services for the City of Asheville’s Water Resources - Water Production Division and have proven to be capable of performing all contracted services.  Committee(s): - None Pro(s): - Allow all water treatment plants to continue to operate as designed and for each plant to continue to produce high quality drinking water. - Remove residuals to provide storage for treatment residuals for the next year, - Reduce the risk of compliance violations. Con(s): - None Fiscal Impact: - Funding for this repair is currently allocated within the Water Resources - Water Production Operating Budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2022-06-14","mt":"regular","id":"II-N","ref":"ORD 4951","it":"ordinance","t":"First reading of ordinance authorizing assignment of the franchise agreement between the City and the Education and Research Consortium","desc":"Background: - The Asheville City Council previously authorized the granting of franchises to install telecommunications facilities within the City of Asheville’s right-of-ways. - As a result, the City and the Education and Research Consortium of the Western Carolinas, LLC (“ERC”) entered into a telecommunications franchise in 2004 (Ordinance No. 3127), and amended in 2012 (Ordinance No. 4124). - This agreement provides fiber optic capability to the City of Asheville in lieu of franchise fees for the use of City right of way. - ERC wishes to transfer this responsibility to a separate entity and requires consent of the City for the assignment. - Assigning this agreement will allow the City to continue utilizing the fiber optic capability, and allow ERC to fully transfer ownership to a new entity, ERC Broadband, LLC. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - Allows the City to continue receiving broadband services without interruption or changes to the existing terms of its franchise agreement. Con(s): - None noted. Fiscal Impact: - None. However, consenting to the assignment will allow the City to avoid the cost of installing its own fiber infrastructure, estimated at a cost of more than $4.9 million in 2012.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2022-06-14","mt":"regular","id":"IV-A","ref":"RES 22-129","it":"public_hearing","t":"Public hearing to consider a Land Use Incentive Grant for Hilliard Flats LLC at 217 Hilliard Avenue","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a request to approve a land use incentive grant for Hilliard Flats LLC for development on 217 Hilliard Avenue. This public hearing was advertised on June 3, 2022. Review: - Hilliard Flats LLC has applied for a Land Use Incentive Grant (LUIG) for their development at 217 Hilliard Avenue per the LUIG policy adopted by City Council and amended on June 22, 2021. - The development consists of 80 micro housing units and community space. - For the purposes of this LUIG application, Hilliard Flats LLC is only asking for a LUIG on parcels containing the +/- 80 residential units of housing. - Micro units each have a sink, area for a microwave or other small appliances. - There is a full kitchen and a lounge for shared use on each floor. - Housing represents 100% of all rentable square footage. - Of the +/- 80 residential units, 16 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years. - The project encompasses 0.187 acres of land bound by Hilliard Avenue in Downtown Asheville, with the current pin number below that will be subdivided into two parcels, one with the existing house on Grove Street. - 9648-29-6171 - The developer estimates a total development cost of approximately $7.2M. - Estimated Tax Value of the property is $7.2M post-completion. This is currently the same as the construction value. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of Asheville for households earning at or below 80% of the Area Median Income (AMI). - The affordable units will be affordable to and leased to income-eligible households for at least 20 years. - The proposed development is located inside the city limits. - The proposed development provides residents convenient access to jobs, schools, and services. - The proposed development is over the 70% residential threshold in use based on square footage not to include a parking structure if applicable. - The LUIG policy requires that the grant be approved by Council before zoning approval. - This project received zoning approval last fall at the Planning and Zoning Commission. - As no building permits have been issued, staff believe the project falls within the intent of the policy. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive a total score of 105 points. Proposal: - Affordable Rental Housing - The proposed project will provide sixteen (16) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI, with 8 (50% of the affordable units) accepting rental assistance, for an affordability period of twenty (20) years. - Under this category, the project qualifies for 20 points. - Rental Assistance - The proposed project will accept 8 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more. - Under this category, the project qualifies for 10 points. - Superior locational efficiency - The proposed project is located within the Central Business District, 0.25 mile of a 1⁄2 hour transit stop served by an existing or future sidewalk, within 1 mile from a job or urban center, and within a 0.5 mile from a Transportation Amenity. - Under this category, the project qualifies for 50 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star Certification. - Under this category, the project qualifies for 5 points. - Staff has scored the project with 105 points, which qualifies the project for twenty-one (21) years of Land Use Incentive Grant.  Committee(s): - Housing & Community Development Committee - April 27, 2022 - approved 2-1. - Finance Committee - May 24, 2022 - approved 3-0. Pro(s): - The proposed project will provide 16 affordable rental housing units to households earning 80% or less of area median income; - The proposed project will have an affordability period of twenty (20) years; - The proposed project addresses the pressing need for affordable one-person housing units. - The proposed project should have a significant economic impact. - Construction wages and material purchases will positively affect the local and regional economy; - The 16 affordable units are located in Downtown Asheville (walkability score of 89 - very walkable, bike score of 69 - bikeable, some bike infrastructure) and provide downtown employment & shopping options for individuals and families who fall within the 80% AMI incomes. - Hilliard Flats LLC will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers and Rental Assistance as the development prepares to come online. Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development. Fiscal Impact: - The parcel will be subdivided and the vacant piece where the building will be built has an estimated current tax value of $195,404 and pays city property taxes of approximately $787 annually. - Under the estimated tax value of $7.2M post-completion, the annual city property tax will be approximately $29,016. - The difference is $28,228 which would be granted to the property owner annually after payment for 21 years. - For 21 years and 16 affordable units at or below 80% AMI, the city will grant back a total of $592,790 over the 21 years of the LUIG which equals $37,049 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in Council Work Sessions and a subsidy cap noted in the LUIG Policy. - After year 21, the City will receive the approximate $29,016 annually in city tax revenue (depending on future property tax increases, etc.). - Please note the City will still receive property taxes of approximately $787 per year in years 1 - 21. - The City sets aside a budget annually for Land Use Incentive Grants. Ms. Vrtunski said that the key takeaways for this project is (1) LUIG application for 217 Hilliard Avenue micro housing; (2) Project committing 16 units (20%) to be affordable for 20 years at 80% or below; (3) Project qualifies for 21 years of taxes paid; (4) Project has already been approved by Planning & Zoning, and will need a waiver for receiving a LUIG before zoning approval; and (5) The project has not received a zoning permit yet. The project background is (1) The development consists of 80 micro housing units and community space. For the purposes of this LUIG application, Hilliard Flats LLC is only asking for a LUIG on parcels containing the +/- 80 residential units of housing; (2) Housing represents 100% of all rentable square footage; (3) Of the +/- 80 residential units, 16 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years; (4) The project encompasses .187 acres of land bound by Hilliard Avenue in Downtown Asheville; and (5) The developer estimates a total development cost of approximately $7.2M. The taxable value after construction will likely be lower which would result in a lower yearly grant. The point summary is as follows: (1) 20% of units affordable at 80% AMI (20 points); (2) 10% Rental Assistance (5 points); (3) Location: (a) Within the Central Business District (30 points); (b) Within .25 mile of a ½ hour transit stop; (c) 1 mile from a job or urban center; and (d) .5 mile from a transit amenity; (4) Energy Efficiency / Energy Star (5 points); (5) Energy Efficiency / Green Built homes (10 points); and (6) Universal Design- 20% of units (10 points) - Total Points: 105 points = 21 years of grant. The LUIG specifics include (1) The parcel will be subdivided and the vacant piece where the building will be built has an estimated current tax value of $195,404 and pays city property taxes of approximately $787 annually; (2) Under the estimated tax value of $7.2M post-completion, the annual city property tax will be approximately $29,016; (3) The difference is $28,228 which would be granted to the property owner annually after payment for 21 years; (4) For 21 years and 16 affordable units at or below 80% AMI, the city will grant back a total of $592,790 over the 21 years of the LUIG which equals $37,049 per unit of subsidy which is lower than the $80,000 subsidy cap noted in the LUIG Policy; and (5) After year 21, the City will receive the approximate $29,016 annually in city tax revenue (depending on future property tax increases, etc.). She explained the existing conditions - noting the historic house will remain; and a new 0.18 acre lot will be created. She reviewed some site and floor plans. She said that the Housing and Community Development Committee reviewed this LUIG request at their April 27 meeting and voted 2-1 in favor of approval. The Finance Committee reviewed the request at their May 24 meeting and voted 3-0 in favor of the approval. Staff recommends approval of the Land Use Incentive Grant application for Hilliard Flats LLC at 217 Hilliard Avenue. Vice-Mayor Smith said that based on the housing need in that community, she didn’t feel this meets the affordability level. With another development coming in across the street on Hilliard (about 300 units), she questioned how does new development affect the homeowners in the southside community, and what it does to their property values. Mayor Manheimer said that Buncombe County is still working on how to address disparity by neighborhoods; and City Manager Campbell said that the City and County have programs that help low and moderate income people with property taxes. Councilwoman Turner noted that while 16 of the units will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years, eight will also accept Housing Code vouchers.  Mr. David Moritz, developer, was excited to bring workforce housing to asheville to address affordable housing. His partner has built 10 of these models in other cities and they feel this will be an asset to Asheville and the downtown community. In response to Councilwoman Kilgore, Mr. Moritz explained the shared amenities and said the units would run around $1,000/month with utilities included. Councilwoman Roney, who appreciated their commitment to the Energy Star Certification, asked if they had any plans for future investments of solar or renewable energy options. Mr. Moritz said that they are looking at solar; however, they have not committed to that yet. He noted that they have other things like one electric meter that allows them to be a bit more sustainable. In response to Mayor Manheimer, Mr. Moritz said that even though there is a home in the property they purchased, that land will not be included in this project. He noted though that they have agreed to extend and build a full sidewalk along that section of the street. When Councilwoman Turner asked about the project timeline, Mr. Moritz said they would like to break ground this summer, with construction being about 12-18 months. Mayor Manheimer opened the public hearing at 5:38 p.m. Nina Tovish felt that the number of affordable units should be larger, that they all accept Housing Code vouchers, there be a longer affordability period; and lower the AMI. Mayor Manheimer closed the public hearing at 5:42 p.m. When Councilwoman Mosley asked if there has been any discussion with the developer about increasing the number of affordable units and/or the level of affordability to 60% AMI, Mr. Moritz responded that this is their best attempt to bring reasonably priced housing to downtown Asheville. With construction costs increasing, the project is tight and what they propose is all they can do. He agreed that when development occurs it shouldn’t be at the detriment of the neighborhood, but they are just trying to bring workforce housing to downtown Asheville. In response to Councilwoman Roney, City Attorney Branham said that these units would not be eligible to be short-term rentals and to do so would be a zoning violation. Vice-Mayor Smith acknowledged that the developer meets all the requirements for the LUIG policy; however, we need to consider the location of the project. We must have developers consider the community that they will be building in and their income base. Since she didn’t feel these concerns were addressed, she could not support this project. Councilwoman Wisler noted that we are not approving the project at this time because it falls within the guidelines for staff approval. The only reason this is before City Council is because of the LUIG grant request. If we don’t approve the grant, the developer can move forward with no affordability. Ms. Vrtunski clarified that, if approved, the developer would get 21 years of taxes paid, but he keeps the units affordable for 20. Councilwoman Roney hoped that we can work on a better policy to reflect our values. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":1,"mr":"contested vote","sq":15},{"d":"2022-06-14","mt":"regular","id":"VI-A-1","ref":"RES 22-130","it":"appointment","t":"Resolution appointing Diamond Sloan Couch as a member of the African American Heritage Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. The term of Beverly Miller will expire on July 1, 2022. The following individuals applied for the vacancy: Valeria Watson, Sherree Lucas and Diamond Sloan Couch. Staff of the African American Heritage Commission recommended, and the Boards & Commissions Committee concur, to appoint Diamond Sloan Couch.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"no material signals","sq":16},{"d":"2022-06-14","mt":"regular","id":"VI-A-2","ref":"RES 22-131","it":"appointment","t":"Resolution reappointing Brad Galbraith as a member of the Airport Authority","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Airport Authority. The term of Brad Galbraith will expire on June 30, 2022. The following individual applied for the vacancy: David Smith The staff of the Airport Authority recommended, and the Boards & Commissions Committee concur, to reappoint Brad Galbraith.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"no material signals","sq":17},{"d":"2022-06-14","mt":"regular","id":"VI-A-3","ref":"RES 22-132","it":"appointment","t":"Resolution reappointing Joel Storrow as a member of the commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville-Buncombe Air Quality Board. The term of Joel Storrow will expire on July 1, 2022. The following individual applied for the vacancy: Elyse Marder The staff of the Asheville-Buncombe Air Quality Board recommended, and the Boards & Commissions Committee concur, to reappoint Joel Storrow.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"no material signals","sq":18},{"d":"2022-06-14","mt":"regular","id":"VI-A-4","ref":"RES 22-133","it":"appointment","t":"Resolution reappointing Yvonne Cook-Riley as a member of the Civic Center Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. The term of Yvonne Cook-Riley will expire on June 30, 2022. The following individuals applied for the vacancy: Kim Oliver, Kevin King, Todd Cash and Todd Dunnuck.  The staff liaison of the Civic Center Commission recommended, and the Boards & Commissions Committee concurred, to reappoint Yvonne Cook-Riley.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"no material signals","sq":19},{"d":"2022-06-14","mt":"regular","id":"VI-A-5","ref":"RES 22-134","it":"appointment","t":"Resolution reappointing Sara Groce to a three-year term","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Historic Resources Commission. Georgene Falcon resigned as a member of the Historic Resources Commission, thus leaving an unexpired term until July 1, 2024. In addition the terms of James Vaughn and Sara Groce expire on July 1, 2022. No one applied for the vacancies. The staff of the Historic Resources Commission recommend, and the Boards & Commissions Committee concur, to reappoint Sara Groce and to readvertise for the other two vacant seats.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"no material signals","sq":20},{"d":"2022-06-14","mt":"regular","id":"VI-A-6","ref":"RES 22-135","it":"appointment","t":"Resolution appointing Jessica Supik as a member of the Homeless Initiative Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Homeless Initiative Advisory Committee. Dale Davidson has resigned, thus leaving an unexpired term until November 1, 2024. The following individuals applied for the vacancy: Angelique Brickner, Emily Kirchmeyer, Louisa Shipnuck Jones, Barry Shoor, Sim Wilkes, Sydney Brodhead, Michael l. Fulbright, Jo Golson, Cheryl Antoncic, Kenny Hancock, Sherri M. Bagwell, William Snoddy, Jimmi Lang, Andrew Garrard, Josh Houde and Jessica Suplik. The Homeless Initiative Advisory Committee Nominating Committee recommended appointing Jessica Supik; and the Boards & Commissions Committee concurred in that recommendation.","c":"Housing","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2022-06-14","mt":"regular","id":"VI-A-7","ref":"RES 22-136","it":"appointment","t":"Resolution appointing Alma Adams and Christopher Boyd to the commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Michael Brown has resigned, thus leaving an unexpired term until June 1, 2023. Alfred Green was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2022. Also, Emma Worthy was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2023. In addition, the terms of Brandon Oliver, Tiffany D’Bellott and Harvey Dean Harold expired on June 1, 2022. The following individuals applied for the vacancy: Edie Weichert, Bethany Duke, Christopher Isaac Boyd, Diamond Sloan Couch and Alma G. Adams. The staff of the Human Relations Commission recommend, and the Boards & Commissions Committee concur, to (1) reappoint Brandon Oliver and Harvey Dean Harold; (2) appoint Alma Adams and Christopher Isaac Boyd; and (3) readvertise for other two vacant seats.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"no material signals","sq":22},{"d":"2022-06-14","mt":"regular","id":"VI-A-8","ref":"RES 22-137","it":"appointment","t":"Resolution reappointing Randy Warren (bike/ped interest) as a member","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. The term of Randy Warren (bike/ped interest) expires on July 1, 2022. The following individuals applied for the vacancy: Joseph Chesler and Elyse Marder. The Chair of the Multimodal Transportation Commission recommended, and the Boards & Commissions Committee concur, to reappoint Randy Warren.","c":"Transportation","mo":"individual","mv":"Smith","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":1,"mr":"policy category","sq":23},{"d":"2022-06-14","mt":"regular","id":"VI-A-9","ref":"RES 22-138","it":"appointment","t":"Resolution reappointing Elizabeth Likis-Werle (at-large representative)","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The terms of Greta Buch and Elizabeth Likis-Werle (both at-large representatives) expire on July 1, 2022. The following individuals applied for the vacancy: Dane Barrager, Tracy Fagan Brown, Michael L. Fulbright, Elyse Marder and Jaik Smith. The Boards & Commissions Committee recommended to reappoint Elizabeth Likis-Werle and appoint Elyse Marder.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"no material signals","sq":24},{"d":"2022-06-14","mt":"regular","id":"remote","ref":"","it":"motion","t":"Motion to allow Councilwoman Mosley to participate remotely due to illness","desc":"","c":"Administrative","mo":"procedural","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1ss_zXwYy67WCtvGMPOKb5PwGOsEiWcnh/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-06-28","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held June 14, 2022","desc":"Background: - The Asheville City Council previously authorized the granting of franchises to install telecommunications facilities within the City of Asheville’s right-of-ways. - As a result, the City and the Education and Research Consortium of the Western Carolinas, LLC (“ERC”) entered into a telecommunications franchise in 2004 (Ordinance No. 3127), and amended in 2012 (Ordinance No. 4124). - This agreement provides fiber optic capability to the City of Asheville in lieu of franchise fees for the use of City right of way. - ERC wishes to transfer this responsibility to a separate entity and requires consent of the City for the assignment. - Assigning this agreement will allow the City to continue utilizing the fiber optic capability, and allow ERC to fully transfer ownership to a new entity, ERC Broadband, LLC. - Because this is an assignment to a franchise agreement, two readings are required. - The ordinance was adopted on its first reading on June 14, 2022. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - Allows the City to continue receiving broadband services without interruption or changes to the existing terms of its franchise agreement. Con(s): - None noted. Fiscal Impact: - None. However, consenting to the assignment will allow the City to avoid the cost of installing its own fiber infrastructure, estimated at a cost of more than $4.9 million in 2012.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-06-28","mt":"regular","id":"II-B","ref":"ORD 4951","it":"ordinance","t":"Second and final reading of ordinance authorizing assignment of the franchise agreement","desc":"Background: - The Asheville City Council previously authorized the granting of franchises to install telecommunications facilities within the City of Asheville’s right-of-ways. - As a result, the City and the Education and Research Consortium of the Western Carolinas, LLC (“ERC”) entered into a telecommunications franchise in 2004 (Ordinance No. 3127), and amended in 2012 (Ordinance No. 4124). - This agreement provides fiber optic capability to the City of Asheville in lieu of franchise fees for the use of City right of way. - ERC wishes to transfer this responsibility to a separate entity and requires consent of the City for the assignment. - Assigning this agreement will allow the City to continue utilizing the fiber optic capability, and allow ERC to fully transfer ownership to a new entity, ERC Broadband, LLC. - Because this is an assignment to a franchise agreement, two readings are required. - The ordinance was adopted on its first reading on June 14, 2022. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - Allows the City to continue receiving broadband services without interruption or changes to the existing terms of its franchise agreement. Con(s): - None noted. Fiscal Impact: - None. However, consenting to the assignment will allow the City to avoid the cost of installing its own fiber infrastructure, estimated at a cost of more than $4.9 million in 2012.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-06-28","mt":"regular","id":"II-C","ref":"RES 22-139 / RES 22-140","it":"resolution","t":"Resolutions authorizing the possession and consumption of alcoholic beverages and/or unfortified wine at city events","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-06-28","mt":"regular","id":"II-D","ref":"RES 22-141","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Mail Management","desc":"Background: - The Fiscal Year (FY) 2022-23 annual cost for this contract to provide for citywide postage and mail services is $408,000 across all departments. - Allocations include $85,000 in General Services/Facility Operations, $300,000 in Water Resources, and $23,000 in Public Works/Stormwater. - The City provides municipal services to more than 60,000 accounts, which primarily encompasses the following: water meters, business licenses, permits, and general correspondence to residents and visitors. - The customer base is divided into multiple billing cycles and by general information correspondence each month. - In response to a Request for Proposals, the following firms submitted proposals: - Mail Management Services (Asheville, NC) and - Williamsburg Mailing Systems (Maryville, TN) - The initial contract term is proposed for one year, with the option upon approval by the City for up to four one-year renewals, for a maximum potential duration of five years not to exceed $2,040,000.00. - The multi-year contract is subject to the annual appropriation process. - If the adopted budget for any given fiscal year does not include an appropriation for the service, the City shall have the right to terminate the contract. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Williamsburg Mail Services is a Woman-owned firm. - The proposal submitted by Mail Management Services demonstrated that the firm and its staff have excellent qualifications and experience directly related to the services being procured. - Although WMS gained points with slightly lower costs on key charges/fees, Mail Management Services scored higher on the remaining factors with very high service levels and verified performance. - Scoring by the review team indicated the submission from Mail Management Services as the highest-rated proposal.  Committee(s): - None Pro(s): - Allows performance of a mandatory activity (mail service) necessary for the operation of municipal services, including billing; - Facilitates key communication mechanism (written correspondence) to & from citizens, businesses, visitors, and other stakeholders; and - Provides long-term cost containment while maintaining a verifiable high level of service delivery. Con(s): - None  Fiscal Impact: - Funding is included in the City’s FY 2022-23 budget for mail management services in both the General Fund and Enterprise Funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-06-28","mt":"regular","id":"II-E","ref":"RES 22-142","it":"resolution","t":"Resolution setting a public hearing on July 26, 2022 to consider closing an unopened right-of-way","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Delray Ventures has petitioned for this closure associated with the Avery Project located at 363 Hilliard. - The City Council approved the Conditional Zoning request for the Avery Project on March 8, 2022. - Another unopened right-of-way known as Rear Clingman Avenue associated with the Avery was previously closed by the City Council on April 26, 2022. - The right-of-way under this request was not requested to be closed at that time because both staff and the applicant did not believe it to be necessary, however the applicant’s title company, as well as the NCDEQ, which is providing Brownfield remediation funding, have indicated that it does in fact need to be closed. - The Technical Review Committee (TRC) did not review this specific closure request due to time constraints; however, the overall project has been reviewed by TRC multiple times and the right-of-way was discussed as part of that process.  Committee(s): - Multimodal Transportation Committee - June 22, 2022 - unanimously recommended approval of the request. Pro(s): - Promotes sustainable high density infill growth that makes efficient use of existing resources.  Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-06-28","mt":"regular","id":"II-F","ref":"RES 22-143","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Raftelis Financial","desc":"Background: - This project is for professional services to be rendered to lead, facilitate, and implement a stormwater utility fee study that assesses our current stormwater program and future needs to determine the appropriate level of service and fee assessment while also incorporating public engagement and input. - This is a multiphase project which will include (1) review of the City’s current programs, (2) identify future needs, (3) provide recommendations, and (4) implementation. - While the Stormwater Utility Fund fees were raised by approximately five percent every year from 2015 to 2019, stormwater utility rates were not increased in the Fiscal Year (FY) 2020-21 or FY 2021-22 budget years in order to mitigate the economic effects of the COVID-19 pandemic on the Asheville community. - Increased runoff peak flows and volumes produced by more intense storm events due to climate change, more impervious surface from increased densities in land development, and the complexity of development in this area have dramatically accelerated stormwater management issues, including the need to apply additional measures to improve the water quality within our watersheds. - Construction project costs due to supply chain issues and inflation as well as additional stormwater needs across the City continue to surpass existing resources. - The Stormwater Program should have the appropriate balance among the many relevant stormwater issues that face the City and provide services that are commensurate with a level the community can afford and support. - To begin addressing these issues and provide some additional revenue until a comprehensive fee study can be completed, fee increases of 15% were approved by the Finance & Human Resources Committee and City Council in spring 2022 to take effect beginning in FY 2022-23. - The Request for Qualifications was advertised on October 15, 2021, and responses were due by November 22, 2021. - Four responses to the RFQ were received: Raftelis Financial Consultants, Inc. of Charlotte, NC Wildlands Engineering, Inc. of Charlotte, NC  Wood Environment & Infrastructure Solutions, Inc. of Atlanta, GA Willdan Financial Services, Inc. of Temecula, CA - Raftelis received the highest score from the scoring committee. - The scoring committee consisted of representatives from the Public Works Department and Stormwater Division, Finance Department, Equity and Inclusion Department, and Office of Sustainability. - Staff have been in negotiations with Raftelis regarding the project's final scope and cost. Vendor Outreach Efforts: - Professional Services must be selected through a qualifications-based selection process, in which minority- and women-owned business enterprise (MWBE) participation cannot be used as a scoring factor. - The City’s Goal Setting Committee has set an annual aspirational goal for professional services at 24.6% MWBE participation, in alignment with the City’s Business Inclusion Policy. - Past firms who have shown interest in performing on City of Asheville projects were informed about the project’s advertisement. - During preparation for advertising this project, the RFQ was shared with the Business Inclusion Manager in the Community & Economic Development Department. - Staff also performed outreach to minority- and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and the City of Asheville website, as well as encouraging prime firms to reach out to minority- and women-owned business enterprise (MWBE) service providers for subcontracted services. - Staff reviewed the City’s List of Certified Businesses, NC Historically Underutilized Business, and NCDOT MWBE databases for potential firms. - Eleven MWBEs were directly contacted regarding the RFQ; none of these companies submitted a response. - Out of the four submissions received, none of the prime firms self-identified as a MWBE business owner. - Two firms indicated that they would be utilizing a MWBE subcontractor and one firm indicated that they would seek to utilize MWBEs for subconsultant services should additional services be needed. - One of the subcontractors on the selected team is a minority woman-owned business.  Committee(s): - Presentations were made to the Finance and Human Resources Committee on January 25 and March 22, 2022, regarding stormwater services and potential fee increases where this project was introduced. - The Committee heard the stormwater presentations and on March 22, 2022, unanimously recommended to move forward to full Council. Pro(s): - The selected firm will perform a review of the City’s current stormwater program as well as future stormwater needs, and will determine the appropriate level of service and fee assessment linking existing and future needs, financing, and policies. - This study will also provide recommendations for potential funding scenarios based on public engagement and input. - Successful completion of the project will assist in ensuring the proper level of investment in the program and efficient use of funding so that core service delivery is consistently provided to the community. - With outside professional analysis of the stormwater program, we will be able to determine how our program compares to those in similar municipalities. Con(s): - Although the study is necessary to inform direction and growth of the program, costs associated with the study could otherwise be used to fund stormwater system improvements. Fiscal Impact: - Funding for this project is already budgeted in the Stormwater Operating Fund for Fiscal Year 2022-23.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-06-28","mt":"regular","id":"II-G","ref":"RES 22-144 / ORD 4952","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Dogwood Health Trust; with budget amendment for a grant","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-06-28","mt":"regular","id":"II-H","ref":"RES 22-145","it":"resolution","t":"Resolution amending a contract with Responder Support Services LLC for embedded behavioral health services","desc":"Background: - Responder Support Services currently provides embedded (on-site) behavioral health support to Fire and Police Departments four days per week for each department which is an increase from two days per week under the original scope of the contract. - Behavioral support providers hold office hours on site in the City of Asheville Municipal Building for employees during regular business hours allowing access while on duty. - Unique behavioral health services provided to police and fire employees only include: - One-on-one sessions available onsite with trained behavioral health providers. - Coordination of the City of Asheville Peer Response Network. - Provide appropriate services following critical incidents, acute stressors, or debilitating cumulative stress. - Implement a workforce resiliency plan for work-related stressors and symptoms/issues. - The need by Fire and Police for behavioral health support has steadily increased since implementation of the contract. - Ongoing uninterrupted behavioral health support to Public Safety employees is critical in maintaining the health and well-being of these employees and ensuring ongoing service delivery to the community. - We are requesting to initiate the final one-year renewal to the term of the contract and to increase the contract amount by $100,000 for a total contract of $396,000 to provide ongoing embedded behavioral health support to Fire and Police Departments 4 days per week for each department. Vendor Outreach Efforts: - Current vendor for embedded behavioral health support is Responder Support Services,","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-06-28","mt":"regular","id":"II-I","ref":"RES 22-146","it":"resolution","t":"Resolution authorizing the City Manager to amend the existing contract with McLaughlin","desc":"Background: - McLaughlin Young Group (MYgroup) serves as the City of Asheville employee assistance network providing employees with an Employee Assistance Program (EAP). - EAP services include, but are not limited to, assistance with emotional, family, marital, alcohol, drug, financial, legal, and other personal issues. - City of Asheville employees and their families have access to network resources at no cost. - Assistance is available twenty-four hours a day, seven days a week. MYgroup offers face-to-face, video, and telephonic counseling sessions. - Licensed clinicians take all calls for assistance and can provide in-the-moment support. - In 2021, the City increased access to behavioral health support to Public Safety employees to maintain the health and well-being of these employees. - The City issued a Request for Proposals for these services. - To ensure a thorough process, an extension of up to three months to the term of the contract is requested. Vendor Outreach Efforts: - Current vendor for the employee assistance program is McLaughlin Young Group. - This vendor provides specialized support for employees and their families as well as public safety employees. - Outreach efforts were performed by posting the Request for Proposals on the State’s Interactive Purchasing System.  Pro(s): - Continued behavioral health support for employees and their families - Support for public safety employees dealing with trauma on a daily basis - Known provider who specializes in supporting employees and their families Con(s): - None Fiscal Impact: - There is no direct fiscal impact to this Council action. - The cost of three months of service is up to $6,000 and sufficient funds are available in the budget to pay for this service.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-06-28","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the conditional zoning ordinance adopted October 9, 2018 - continued to September 13, 2022","desc":"At the applicant’s request,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"continuance","sq":9},{"d":"2022-06-28","mt":"regular","id":"IV-B","ref":"ORD 4953","it":"public_hearing","t":"Public hearing to consider the conditional zoning of 3124/3130","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 3124/3130 Sweeten Creek Road from RM-16 Residential Multi-Family High Density District to Residential Expansion District/Conditional Zone. This public hearing was advertised on June 17 and 24, 2022. Project Location and Contacts: - The project site totals 7.68 acres located along Sweeten Creek Rd (PINs 9655-33-2749 and 9655-33-0929). - Owners: Thomas Chapman JR Family Trust; Alfred Berlin & Melanie Berlin Summary of Petition: - The property is currently zoned Residential Multi-Family High Density District (RM-16) and is designated “Residential Neighborhood” on the city’s Future Land Use (FLU) Map. A change in the FLU designation will not be required. - New building construction includes three, four-story multifamily buildings with 77 affordable dwelling units. - Other site improvements include a clubhouse, off-street parking, a playground and walking trails. - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion (RES EXP) district is required. - All the dwelling units will be affordable to households at various income ranges. All units will accept housing choice vouchers. - 20 units will be affordable to those earning at or below 30% Area Median Income (AMI). - 8 units will be affordable to those earning at or below 50% Area Median Income (AMI). - 23 units will be affordable to those earning at or below 60% Area Median Income (AMI). - 26 units will be affordable to those earning at or below 80% Area Median Income (AMI). - The project is located in a steep slope area and therefore the development is clustered within the front half of the site, leaving the rear half of the site mostly undistributed. - 2.7 acres are located in a Zone A steep slope area (between 2,220’ and 2,349’ in elevation), with an average natural slope of 21.1%. - 5.0 acres are located in a Zone B steep slope area (above 2,350’ in elevation), with an average natural slope of 20.8%. - Front yard, rear yard and side yard setbacks of 15 feet are required in the RES EXP district, with which the proposed project is compliant. - Access to the site will be provided by a new driveway on Sweeten Creek Rd located at the southern end of the project site. - A total of 135 parking spaces are proposed, with 10 being handicap spaces and 18 being compact spaces. Based on the number of bedrooms and dwelling units the minimum/maximum number of required parking spaces is 117/194 for the RES EXP district. - Landscape requirements apply, including street tree, street buffer, property line buffer, building impact, retaining wall and parking lot landscaping. - The project has a 15% tree canopy requirement, as it is classified as “suburban” and has a classification of “Class C”, with an existing canopy coverage (2018) of 100%. This requirement is met with the preservation of existing tree canopy. - Open space shall be required at a rate of 15% of the total parcel, totaling 50,181 square feet, with at least one area being 7,700 square feet and having park or plaza-like features. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 28.9%. Technical Modifications - The project is seeking modifications through the conditional zoning process including: - The maximum residential density in steep slope areas for Zone A and Zone B, with an average natural slope between 20% and 24%, is 11.1 units/acre and 5.6 units/acre, respectively. Due to the project preserving more than 60% of the Zone B area, there is a 60% density bonus over the base Zone B residential unit allowance. - For the project site this results in a maximum of 73 total units allowed, including: - 25 units in Zone A; and, - 48 units in Zone B - The project is seeking a technical modification to allow 77 total units (73  total units allowed by-right), including: - 39 units in Zone A (25 units allowed by-right); and, - 38 units in Zone B - The maximum height of principal structures in steep slope areas is two stories (max 30 feet) on the uphill side of the structure and three stories (max 40 feet) on the downhill side of the structure. The project is seeking the following technical modifications for the number of building stories in excess of the maximum allowed in steep slope areas and total building height: - Building 1 - Proposed at three stories on the uphill side and four stories on the downhill side. - Building 2 - Proposed at two stories on the uphill side and four stories on the downhill side. - Building 3 - Proposed at three stories on the uphill side and four stories on the downhill side. - Build heights in excess of the maximum allowed in steep slope areas (30 feet on the uphill side and 40 feet on the downhill side, as measured from the existing grade to the midpoint of the peak and eave for structures with pitched roofs), but not to exceed 50 feet. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary access corridor and internally throughout the site. The applicant is requesting a technical modification to install a six foot-wide sidewalk with a planting strip averaging 19 feet in width along Sweeten Creek Rd and six foot-wide sidewalks throughout the site. - Sweeten Creek Rd is maintained by NCDOT and there are plans to widen the roadway, which would likely demolish this portion of new sidewalk. - The RES EXP district requires a “Type A” landscape buffer where the subject property is adjacent to any other residentially zoned property. A reduction of 90 linear feet of this landscape buffer is proposed to allow for vehicular access to a neighboring single-family house. - No bike lanes are proposed into the development. Comprehensive Plan Consistency: - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan including encouraging responsible growth by prioritizing greater densities of development overall, throughout the city as appropriate, by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks, and by utilizing creative design solutions which minimize impacts to the natural environment such as natural open space and steep topography. - The proposed development is compatible with the Future Land Use designation of “Residential Neighborhood” which is proposed, in part, that “residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of small scale infill housing”. Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land uses, including: - Multi-family residential developments to the north (Pine Ridge Apartments) and the south (Kensington Place Apartments). - Suburban commercial uses to the west of the site along Sweeten Creek Rd and Hendersonville Rd.  Committee(s): - Technical Review Committee (TRC) - April 18, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - June 1, 2022 - approved (Vote 6:0) with the following conditions: 1) That the number of bedrooms per dwelling unit be listed in the Exhibit E - Project Conditions; 2) That the landscape requirements for steep slope areas be met to the maximum extent feasible; and 3) That the building heights, as defined for steep slope areas, be allowed to exceed the maximum height. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above and finds that the affordable housing being proposed offsets the technical modifications requested for additional unit density and building height. Mr. Palmquist reviewed the existing and proposed zoning, along with the aerial imagery and future land use map. He then reviewed the master site plan of (1) Three new, four-story multi-family buildings and clubhouse; (2) 77 affordable housing units; (3) New driveway on Sweeten Creek Road; (4) 135 parking spaces total; (5) Sidewalks: 6’-wide with 19’-wide planting strip on Sweeten Creek Road, 6’-wide internal sidewalks; (6) Landscaping and Open Space Standards; and (7) Tree Canopy Preservation standards met on-site. He briefly explained the grading plan, along with showing the building elevations. The project is (1) Consistent with the Future Land Use map (“Residential Neighborhood”) by providing residential uses and a diversity in housing type; and (2) Supports a number of goals in the Living Asheville Comprehensive Plan: (a) Prioritizes greater densities of development overall; (b) Increases the supply of affordable housing in proximity to transit, schools and parks; and (c) Utilizes creative design solutions which minimize impacts to the natural environment such as natural open space and steep topography. The Technical Review Committee (TRC) - April 18, 2022, approved the project with conditions. The Planning & Zoning Commission (PZC) - June 1, 2022, approved the project with conditions (Vote: 6:0): (1) that the number of bedrooms per dwelling unit be listed in the Exhibit E - Project Conditions; (2) That the landscape requirements for steep slope areas be met to the maximum extent feasible; and (3) hat the building heights, as defined for steep slope areas, be allowed to exceed the maximum height. Conditions include (1) All 77 units (100%) will be designated affordable for a minimum of 30 years: (a) 20 units will be designated affordable to those earning at or below 30% AMI; (b) 8 units will be designated affordable to those earning at or below 50% AMI; (c) 23 units will be designated affordable to those earning at or below 60% AMI; and (d) 26 units will be designated affordable to those earning at or below 80% AMI; and (2) All 77 units (100%) will accept HACA Housing Choice vouchers. Technical modifications include (1) 6’-wide sidewalks instead of the required 10’-wide standard; (2) No bike lanes into the development; (3) Reduction of the Type A landscape buffer of 90 linear feet to allow access to adjacent property; (4) Residential density in excess of the maximum allowed in steep slope areas: (a) 77 total units proposed (73 total units allowed by-right); and (b) 39 units proposed in the “Zone A” steep slope area (25 units allowed by-right); (5) Building stories in excess of the maximum allowed in steep slope areas: 2 stories on uphill side and 3 stories on the downhill side allowed by-right, and 2-3 stories on uphill side and 4 stories on downhill side proposed; and (6) Build heights in excess of the maximum allowed in steep slope areas (30 feet on the uphill side and 40 feet on the downhill side, as measured from the existing grade to the midpoint of the peak and eave for structures with pitched roofs), but not to exceed 50 feet. Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. At 5:25 p.m., Mayor Manheimer opened the public hearing.  Two individuals from Kensington Place Apartments expressed concern of the already congested traffic on Sweeten Creek Road with no plans for the expansion of the road; the building height variance; and the need to leave ample forested areas between apartment communities to serve as sound buffers and wildlife corridors. At 5:30 p.m., Mayor Manheimer closed the public hearing. Councilwoman Wisler noted that the N.C. Dept. of Transportation has taken the widening of Sweeten Creek Road off their State Transportation Improvement Program list due to a lack of funding. Mr. Palmquist responded to the concerns, noting that other projects have recently made some improvements to the intersection on Mills Gap Road; explained where the buffering on the east of the site will remain undisturbed and what type of vegetation would be planted in buffer area on the west of the site; and the 5-8 feet height variance. Councilwoman Roney said that in the absence of a community benefits table for conditional zoning, did staff discuss with the developer about any solar or renewable energy for this development. Mr. Palmquist replied that they did not. Councilwoman Turner was pleased with all the different funding sources that this developer has been able to compile for this 100% affordable housing project. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2022-06-28","mt":"regular","id":"IV-C","ref":"RES 22-147","it":"public_hearing","t":"Public hearing to consider the permanent closing of a right-of-way east of Wilmington Road and south of 907 Old Fairview Road","desc":"Transportation Director Ken Putnam said that this is the consideration of a resolution to permanently close a right-of-way east of Wilmington Road and south of 907 Old Fairview Road. This public hearing was advertised on June 3, 10, 17 and 24, 2022. Background: - City Council passed a resolution May 24, 2022 to set a public hearing for the proposed closure on June 28, 2022. - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - Beverly Cozort, owner of 907 Old Fairview Road has petitioned for this closure. - Ms. Cozort owns the property at 907 Old Fairview Road and wishes to close the unopened right of way behind her parcel in order to allow her neighbor at 24 Wilmington to subdivide and add the eastern half of her parcel to Ms. Cozort’s. - The Technical Review Committee reviewed the closure request and recommended approval at their April 18, 2022 meeting. - The Multimodal Transportation Commission reviewed the closure request and recommended approval at their April 27, 2022 meeting. - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right of way. - Signs were placed at two locations along the right-of-way announcing the public hearing and potential closure.  Committee(s): - The Technical Review Committee reviewed the closure request and recommended approval at their April 18, 2022 meeting. - The Multimodal Transportation Commission reviewed the closure request and recommended approval at their April 27, 2022 meeting. Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure. Mr. Putnam said the Beverly Cozort, property owner, has petitioned for this closure. Ms. Cozort owns the property at 907 Old Fairview Road and wishes to close the unopened right-of-way behind her parcel in order allow her neighbor at 24 Wilmington to subdivide and add the eastern half of her parcel to Ms. Cozort’s. The length of the proposed closure is approximately 128 ft and the width is 12 ft. The Technical Review Committee met on April 18, 2022, and their recommendation was to approve the closure. The Multimodal Transportation Committee met on April 27, 2022, and their recommendation was to approve the closure. There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. Mayor Manheimer opened the public hearing at 5:44 p.m., and when no one spoke, she closed it at 5:44 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2022-06-28","mt":"regular","id":"IV-D","ref":"RES 22-148","it":"public_hearing","t":"Public hearing to solicit comments for the Community Development; resolution authorizing submission","desc":"Community Development Program Manager Jonathan Jones said that this is a public hearing and consideration of a resolution authorizing submission of the 2022-2023 Annual Action Plan for Community Development Block Grants (CDBG) and HOME Investment Partnerships Program (HOME) to the U.S. Department of Housing and Urban Development along with Annual Action Plan Amendments for years 2016-2017, 2019-2020, 2020-2021, and 2021-2022 that include prior year resources to be rolled forward into 2022-2023 CDBG and HOME projects and authorizing the City Manager to sign all necessary documents to this effect. This public hearing was advertised on June 17 and 24, 2022. Background: - The City of Asheville is an entitlement community and participating jurisdiction with the US Department of Housing and Urban Development (HUD) and receives formula funding through the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). - The City receives these allocations annually through a federal formula allocation process. - CDBG funds support housing and community development activities within the City of Asheville. HOME funds support affordable housing activities within the four-county Asheville Regional Housing Consortium region including Buncombe, Madison, Transylvania and Henderson counties. - All funded activities must meet the goals and priorities as outlined in the City’s Five Year Consolidated Plan 2020-2025 - On May 13, 2022, HUD released the 22-23 formula allocation for CDBG and HOME. - The City was awarded $1,028,896 in CDBG funding and $1,411,582 in HOME funding. - In addition, $335,960 in CDBG prior-year resources and $318,250 in HOME prior-year resources have been rolled forward into the funding available for the 2022-2023 Annual Action Plan funding allocations. - Staff have incorporated pre-award costs into the existing policies and procedures in order to facilitate timely reimbursement to the City’s partner agencies and to ensure compliance with HUD’s timeliness requirements for CDBG funding.  Committee(s): - Housing and Community Development Committee - March 24, 2022 - recommended to Council with a 2-1 vote. Councilwoman Turner and Vice-Mayor Smith voted for, Councilwoman Mosley - against. - Housing and Community Development Committee- May 17, 2022 - recommended to Council with a unanimous vote in favor of updated funding recommendations - Asheville Regional Housing Consortium Board - March 23, 2022 - updated recommendation to Council, unanimous vote in favor of funding recommendations - Asheville Regional Housing Consortium Board May 25, 2022 - updated recommendation to Council with a unanimous vote in favor of updated funding recommendations Pro(s): - Approval of the Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing, jobs and impact in our moderate and low income communities. Con(s): - It is not always possible to fund all of the applications received, and many agencies funded will receive less than the amounts requested. Fiscal Impact: - The Annual Action Plan is fully funded from federal CDBG and HOME entitlement grants, unspent funds from prior-year allocations, and estimated program income. - Staff costs to administer the program are paid from federal sources - The 2022-2023 budgets for both the CDBG and HOME programs will be included in the annual budget ordinance adopted by the City Council. Mayor Manheimer opened the public hearing at 5:47 p.m., and when no one spoke, she closed it at 5:47 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2022-06-28","mt":"regular","id":"VI-A-budget","ref":"ORD 4954","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2022-23 Annual Operating Budget","desc":"","c":"Budget & Finance","mo":"individual","mv":"Wisler","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2022-06-28","mt":"regular","id":"VI-A-ed","ref":"ORD 4955","it":"ordinance","t":"Fiscal Year 2022-23 budget amendment to fund the City's contribution to nonprofits (Economic Development Commission)","desc":"","c":"Economic Development","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2022-06-28","mt":"regular","id":"VI-A-recuse1","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from voting on the budget amendment (Economic Development Coalition)","desc":"","c":"Economic Development","mo":"procedural","mv":"Wisler","sec":"Mosley","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2022-06-28","mt":"regular","id":"VI-A-recuse2","ref":"","it":"motion","t":"Motion to recuse Councilwoman Turner from voting on the budget amendment (Sports Commission)","desc":"","c":"Budget & Finance","mo":"procedural","mv":"Wisler","sec":"Mosley","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2022-06-28","mt":"regular","id":"VI-A-sports","ref":"ORD 4956","it":"ordinance","t":"Fiscal Year 2022-23 budget amendment to fund the City's contribution to nonprofits (Sports Commission)","desc":"Mayor Manheimer said that the public hearing on the budget was held on June 14, 2022, and no further public comment will be accepted. “Staff Report: Consideration of (1) Adoption of an ordinance adopting the Fiscal Year 2022-23 Annual Budget; (2) Motion to recuse Mayor Manheimer from voting on the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Economic Development Coalition); (3) Adoption of a Fiscal Year 2022-23 budget amendment in the amount of $100,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Economic Development Coalition); (4) Motion to recuse Councilwoman Turner from voting on the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Sports Commission); and (5) Adoption of a Fiscal Year 2022-23 budget amendment in the amount of $45,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Sports Commission). Background: - The Fiscal Year (FY) 2022-23 Proposed Annual Operating Budget was presented to City Council on May 24, 2022. - In accordance with the North Carolina Local Government Budget and Fiscal Control Act, a summary of the Proposed Budget along with a notice of the Public Hearing was published on June 3, 2022. - The Proposed Budget, which totals $217.6 million dollars: is a balanced and fiscally responsible spending plan that: - Recommends no change in the current property tax rate; - Continues funding core community services in a time of rising costs and provides additional investments that align with Council priorities, - Funds employee compensation adjustments that reflect inflation in the labor market and local cost of living increases; - Strategically utilizes fund balance and American Rescue Plan (ARPA) funding to advance Council’s priorities and balance the budget. - City Council conducted a Public Hearing on the Proposed Budget on June 14, 2022. - Speakers at the Public Hearing expressed support for several items already included in the Proposed Budget, such as: - The recommended living wage increase for City employees; - The inclusion of an Urban Forester position in the revised Proposed Budget; and - Funding for the relocation of the Parks and Recreation maintenance facility. - Several speakers also raised concerns about the amount of funding included in the proposed Police Department’s budget. - The following changes to the Proposed Budget that was presented on May 24, 2022 are included in the budget ordinance that Council is considering tonight: - Increase the FY 2022-23 budget for Reparations from $365,000 to $500,000. - In addition, in future fiscal years staff will plan on budgeting Reparations similar to how the current annual funding is handled for the Housing Trust Fund (also $500,000). - Specifically, staff will include at least $500,000 for Reparations in future base budgets, subject to financial feasibility and eventual final budget approval by City Council; - Adjust the compensation plan for FY 2022-23 to include an additional increase in January 2023 to bring the City’s minimum annual full-time salary to $36,816 (for 40-hour per week employee) and make associated compression adjustments; - Add an Urban Forester position in FY 2022-23 to enhance staff capacity and professional expertise to implement the Tree Canopy Protection Ordinance Amendment (e.g., development project review, field implementation), disburse fee-in-lieu funds, provide cross-departmental coordination, and effectively engage community partners. - In order to keep the FY 2022-23 General Fund Budget balanced staff is proposing the following revenue adjustments: - Fund the $135,000 increase in the Reparations budget by making minor adjustments to several small revenues based on updated trend data. - Utilize an additional $408,000 in American Rescue Plan (ARPA) funding to support the January 2023 salary adjustments ($300,000) and the addition of the Urban Forester position ($108,000). - Staff also made revisions totaling approximately $190,000 in Enterprise Fund budgets associated with the additional January 2023 salary adjustments. - Under N.C. Session Law 2021-191 (S.B. 473), councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated, effective January 1, 2022. - In accordance with this law, funding that was included in the Proposed Budget for the Economic Development Coalition and the Sports Commission has been moved to City Manager’s Contingency. - City Council must take separate actions via the budget amendments to allocate funding to the Economic Development Coalition and the Sports Commission.  Committee(s): - N/A Pro(s): - Ensures City’s compliance with North Carolina General Statutes that require local governments to adopt a balanced budget ordinance by July 1 of each year. - General Fund and Enterprise Fund budgets are balanced for ongoing operating expenses, and all essential City services are continued. Con(s): - The revised Proposed Budget recommendations includes an additional $408,000 allocation from ARPA American Rescue Plan (ARPA) funding. Fiscal Impact: - As noted above, the FY 2022-23 General Fund budget is balanced and recommends no change to the current property tax rate of $0.403 per $100 of assessed valuation.” City Manager Campbell said that we are at a pivotal point in the budget process which is, she hoped, the adoption of the City of Asheville’s operating and capital budget for the next fiscal year, which begins on July 1, 2022, and runs through June 30, 2023. On May 24, 2022, when the Manager’s budget was first presented, this proposed budget is a balanced and fiscally  responsible spending plan. She hoped the adjustments presented at the June 14, 2022, meeting to the proposed budget are consistent with and support both the Council and community priorities. She thanked the Mayor and Council for their time, energy, passion, guidance and advocacy in helping staff develop this proposed budget. She also acknowledged and thanked City of Asheville employees that were involved in developing this budget, but especially staff in our Finance Department, including Finance Director Tony McDowell and staff in the Budget Division, including Budget Manager Taylor Floyd, Heather Curry and Abigail Riley. Finance Director Tony McDowell said that under N.C. Session Law 2021-191 (S.B. 473), councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated, effective January 1, 2022. In accordance with this law, funding that was included in the Proposed Budget for the Economic Development Coalition and the Sports Commission has been moved to City Manager’s Contingency. City Council must take separate actions via budget amendments to allocate funding to the Economic Development Coalition and the Sports Commission. Mayor Manheimer said that this Fiscal Year 2022-23 budget, which totals $216.9 Million, contains no change to the current property tax rate of $0.403 per $100 of assessed valuation. We have included in this budget a $500,000 allocation for reparations, with an ongoing annual allocation of $500,000 in future budgets. We are also looking to see if that should change to a percentage of the budget. Buncombe County’s budget includes $2.0 Million for reparations, including payments received through the new Community Benefits Table. We have an increase in pay for City employees with a minimum of $17/hour starting July 1, 2022 and on January 1, 2023, a minimum of $17.70/hour. There will be a 5% increase if hired on or before December 31, 2021, or a 2.5% increase if hired after that date. We have also added some new positions - an urban forester, GIS specialist, and a houseless strategy project specialist. In addition, we have some new software, sanitation and waste reduction program funding, emergency preparedness planning, and a disparity study (which is required to support minority contracting). Along the front of reimaging public safety, the City and the County consolidated the 911 call center which establishes an important foundation to provide emergency response that better fits the needs of the community, integrating the county’s community paramedic program into the first responder protocol. The City also funded additional training for firefighter EMTs to handle opioid overdose related calls. In addition to the City’s many housing initiatives, this budget (1) funds a missing middle housing study, to identify regulatory and policy barriers to building missing middle housing, such as townhomes, accessory dwelling units, duplexes and triplexes - the study will, for example, look at specific ordinance amendments needed to facilitate the growth of missing middle housing; and (2) continue to fund the City’s participation in the Buncombe County Homeowner Grant Program, to provide property tax relief for income qualified homeowners. In addition, in this next year we will strategize and prioritize how to spend the remaining $8.5 Million in funding from the $25 Million 2016 General Obligation Bond Program for affordable housing. There are some great projects utilizing city-owned land in the pipeline and we will need to continue to move those forward. The Council has made several large funding allocations toward permanent supportive housing, domestic violence victim shelter and Code Purple shelter funding. Some other items to highlight in the budget are (1) funding to reallocate the parks maintenance operations from Hunt Hill Place/East End Valley Street neighborhood; (2) complement funding earmarked for the enhancement of Memorial Stadium to include a new track; and (3) continue and expand after school programs at community centers and schools. Councilwoman Roney expressed gratitude for the urban forester position, which the Urban Forestry Commission has advocated for the last four years. She also thanked the Reparations Commission for their recommendation that the reparations funding allocation be a percentage of the budget, which City Council will discuss. She will not be supporting the budget because she remains committed to affordability and to public safety and she has concerns about  “how” we’re doing the budget. We are not doing a living wage yet, but delaying it until January 1, which is when the living wage is anticipated to go up as well. She felt we are backing out of our commitment to expand transit funding. We do have to shore up our core service first, but we need to expand and not back out of transit. Transit can’t wait. We have a lot of work to do on public safety and she hears a lot of conversations about partners who are already doing the work but they need funding and space. These programs are not conceptual, but are actually happening in our community and we could make a big difference in public safety in our community if we were to fund and get behind our partners. Then it’s the “how” we do it. For her, using the ARPA funds perpetuates a scarcity narrative and she already has a deep concern about backing out of the commitments that we’ve made to addressing the need for an emergency shelter, but also how do we get these budget commitments we made this year in the budget next year when we don’t have ARPA funds. City Manager Campbell responded to Councilwoman Mosley regarding the City’s commitment to address compression. Councilwoman Wisler said that creating the budget is the hardest and most important thing that a Council member does. She said that this Council has spent more time and energy with more passion around the budget adoption than she has seen since her service on Council. Mayor Manheimer said that members of Council have previously received a copy of the Fiscal Year 2022-23 annual operating ordinance and budget amendments and they would not be read.","c":"Housing","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2022-06-28","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":18},{"d":"2022-06-28","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yvY8XgYhytb1KZS4jyx5HCLg82mQljDO/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":19},{"d":"2022-07-26","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held June 28, 2022","desc":"Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its 167 ABC boards to get annual approval of board travel policies from their appointing authorities. Section g (2) of 18B-700 states, “The local board shall annually provide the appointing authority’s written confirmation of such approval…”. The ABC Board approved the current policy on January 26, 2016. In 2021, the ABC Board incorporated all the elements to changes in the City’s Travel Policy, and we made no changes to the current policy. The ABC Board formally requests the City of Asheville’s written confirmation of the Asheville Board of Alcoholic Control Travel Policy.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-07-26","mt":"regular","id":"II-B","ref":"","it":"motion","t":"Motion approving the Board of Alcoholic Beverage Control's travel policy adopted January 26, 2016","desc":"Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its 167 ABC boards to get annual approval of board travel policies from their appointing authorities. Section g (2) of 18B-700 states, “The local board shall annually provide the appointing authority’s written confirmation of such approval…”. The ABC Board approved the current policy on January 26, 2016. In 2021, the ABC Board incorporated all the elements to changes in the City’s Travel Policy, and we made no changes to the current policy. The ABC Board formally requests the City of Asheville’s written confirmation of the Asheville Board of Alcoholic Control Travel Policy.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-07-26","mt":"regular","id":"II-C","ref":"RES 22-149","it":"resolution","t":"Resolution authorizing the City Manager to partner on a grant application to the Dept. of","desc":"Background: - The Renewables Advancing Community Energy Resilience (RACER) grant focuses on the research, development and demonstration of equitable and resilient clean energy technologies. - The objective is to increase community energy resilience to power disruptions caused by extreme weather events. - To accomplish RACER’s objective, this grant focuses on three topic areas: 1) innovative community-based energy resilience planning, 2) automation strategies for rapid energy restoration, and 3) innovative solutions to increase the resilience and hardening of PV power plants. - The North Carolina Clean Technology Center of NC State University (NCCTC) is the lead applicant for this grant application and will do the majority of the grant implementation work, if awarded. - NCCTC will use grant funds to lead in the development of a playbook for Emergency Managers and their communities to assess and implement enhanced energy resilience to mitigate the effects of energy loss during a disaster. - The playbook will be the product of a collaboration with a team that includes local and state government, university based researchers, community organizations, and others. - The City of Asheville was one of three local governments in the state invited to participate in the grant application. The other local governments participating in the grant are the City of Wilmington and Halifax County. - The primary objectives of this project are to 1) understand existing emergency management protocols as they relate to extreme event preparedness and recovery, 2) collect data required to establish and evaluate community energy resilience, 3) provide information on the City’s prioritization of critical infrastructure for extreme events, 4) provide input and identify sites where enhanced energy resilience would be most beneficial, and 5) develop a playbook for building energy resilience in local communities. - Work associated with the grant will be a collaborative effort between Emergency Management staff in the Asheville Fire Department and the Sustainability Department. - This is a two year grant, if awarded, work will tentatively begin February 2023. Vendor Outreach Efforts: - Not applicable  Committee(s): - None Pro(s): - Supports Council’s FY2022-2023 Neighborhood Resilience and Improve and Expand Core Services Strategic Priorities - This effort would complement Council’s recently approved funding for the Emergency Preparedness Study proposed to start this year as well as the Climate Justice Initiative - Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal - Supports Resolution 20-25 Declaration of a Climate Emergency Con(s): - None identified Fiscal Impact: - No match is required from the City. - The grant application is for a period of 2 years and a total of $1,000,000. - If awarded, the anticipated amount awarded to the City of Asheville is expected to receive $61,500.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-07-26","mt":"regular","id":"II-D","ref":"RES 22-150","it":"resolution","t":"Resolution authorizing the donation of fitness equipment to Asheville High School","desc":"Background: - The Asheville Police Department has purchased new gym equipment to replace current equipment in the Municipal Building. - The newly purchased equipment should be arriving in September or October of 2022. - The equipment includes 3 treadmills, 2 cardio bikes, a stair climb machine, weight machines, free weights, kettlebells, weight lifting benches, a heavy punching bag, and some metal racks that bolt to the floor. - The equipment is well used but still functioning. - Donation is approximately $25,000 worth of equipment - Asheville High School has expressed a need and interest in the used equipment. - Asheville High School desires to take all the equipment, including the cardio equipment.  Committee(s): - None Pro(s): - Develop and grow relationships with the Asheville High School staff and students. Con(s): - None Fiscal Impact: - Donating will incur no additional fees. - New equipment has already been purchased.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-07-26","mt":"regular","id":"II-E","ref":"RES 22-151","it":"resolution","t":"Resolution authorizing the City Manager to execute a maintenance agreement with the N.C. DOT","desc":"Background: - As a part of NCDOT’s annual resurfacing program, the NCDOT constructed bicycle lanes along SR 3556 (Meadow Road) from bridge # 672 to SR 3556 (Amboy Road) / Lyman Street - approximately 0.75 miles) - The NCDOT completed the project except for the final pavement markings during the calendar year 2021 paving season. - The NCDOT will perform the majority of the maintenance of the bicycle lanes, including signage, snow plowing, patching, resurfacing, and restriping (including symbols), per standard maintenance cycles. - The City will be responsible for cleaning (sweeping) the bicycle lanes per the city’s standard maintenance cycles. - The NCDOT does not clean (sweep) streets that do not have curb and gutter. - The Public Works Department has agreed to perform the cleaning (sweeping) function, and will do so at the same time sweeping of bike lanes on Lyman Street occurs.  Committee(s): - Multi-Modal Transportation Committee - April 27, 2022 - Approved unanimously Pro(s): - Provides additional bicycle lanes that connect with existing bicycle lanes along Lyman Street in the River Arts District. Con(s): - City is responsible for the cleaning (sweeping) function. Fiscal Impact: - The cleaning (sweeping) function will come out of the Public Works Department annual operating budget. - It is anticipated that the additional costs would be minimal and would be accomplished at the same time that the bicycle lanes along Lyman Street are cleaned as a part of normal maintenance cycles.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-07-26","mt":"regular","id":"II-F","ref":"RES 22-152","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with French Broad Paving","desc":"Background: - The main scope of the project is the resurfacing of Sulphur Springs Road (1.03 miles). - Also included will be sidewalk ADA improvements. - This is the last road to be paved with project funding from the 2016 General Obligation Bond. - The road was not paved earlier to allow for the completion of a major stormwater project. - The contract was advertised on May 9th, 2022 and bids were opened on June 9th, 2022. - The following bids were received: French Broad Paving, Inc. of Marshall, NC $501,335.00 Tarheel Paving of Hendersonville, NC $552,163.50 Bryant’s Land and Development Services, Inc. of Burnsville, NC $583,919.00 Emery Sealco, Inc. of Arden, NC $738,110.00 JLS Company, LLC of Skyland, NC $752,313.00 Rogers Group, Inc. of Greer, SC $885,495.00 - The contract is expected to be available on September 15, 2022, and the contractor has until December 15, 2022 to complete the work. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Only one company from an identified disparity group (Black American) was found in the ten-county area and staff directly contacted that company. - The company did not bid as a prime, but is listed as a sub with one of the prime bidders. - Two women-owned businesses were also directly contacted and both submitted a bid. - One MWBE, woman-owned, will be operating as a subcontractor on the project. - French Broad Paving, Inc. anticipates expending 11.0 percent of the total dollar amount of the contract with this company.  Committee(s): - None Pro(s): - The award of this contract will resurface Sulphur Springs Road, which is in poor condition after several subsurface utility projects. Con(s): - This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed. - The work will be a further disruption to a neighborhood that has experienced a lot of construction recently. Fiscal Impact: - The total maximum cost of this contract, including contingency, is $576,535.25. This funding is already budgeted as part of the 2016 General Obligation (GO) Bond program in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-07-26","mt":"regular","id":"II-G","ref":"RES 22-153","it":"resolution","t":"Resolution authorizing the donation of three expired ballistic shields to the Buncombe County","desc":"Background: - The Asheville Police Department has purchased new ballistic shields to replace three expired shields that are at the end of their operational life. - Since the shields are expired, and of no use other than for training, the estimated donated amount is approximately $300 each. - The newly purchased shields have arrived and are being used by the APD. - Buncombe County Sheriff’s office has expressed an interest in the three expired Paraclete Phalanx shields to be used in training. - It is the practice of the Asheville Police Department to train with the same equipment that is deployed in the field; therefore, these shields would not be used by APD for training.  Committee(s): - None Pro(s): - Continue to work closely and partnership with the Buncombe County Sheriff’s Office. Con(s): - None Fiscal Impact: - Donating will incur no additional fees. - New equipment has already been purchased.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-07-26","mt":"regular","id":"II-H","ref":"RES 22-154 / RES 22-155 / RES 22-156 / RES 22-157 / RES 22-158 / RES 22-159","it":"resolution","t":"Resolutions authorizing the possession and consumption of alcoholic beverages and/or unfortified wine at city events","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-07-26","mt":"regular","id":"II-I","ref":"","it":"motion","t":"Motion directing the City Attorney to take steps to join the City of Asheville to the local governments amicus brief","desc":"Background: - This case out of Colorado involves a business creating wedding websites, but specifically excluding same-sex weddings. - The case arose as a challenge by the business owner to the Colorado Anti-Discrimination Act. - This law prohibits discrimination in public accomodations without regard to sexual orientation. - Both the Federal District Court and the Tenth Circuit Court of Appeals have ruled in favor of the State of Colorado, and the case is now pending before the U.S. Supreme Court. - The City of San Francisco has requested local governments and Mayors to join it in an amicus brief to be filed in support of the state of Colorado. - A ruling against this state law could affect Asheville’s local Non-Discrimination Ordinance as well.  Committee(s): - None Pro(s): - Provides additional support to the effort by local governments to support non-discrimination laws, as well as protecting our own local ordinance. Con(s): - None. Fiscal Impact: - None.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-07-26","mt":"regular","id":"II-J","ref":"RES 22-160","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Bryant Land and Development","desc":"Background: - The scope of the project is the preservation paving of 2.32 miles of City streets. - The contract was advertised on May 9, 2022 and bids were opened on June 23, 2022. - The following bids were received: Bryant’s Land and Development Industries, Inc. of Burnsville, NC $659,654.00 French Broad Paving, Inc. of Marshall, NC $672,394.75 Rogers Group, Inc. of Greer, SC $903,245.50 - The contract is expected to be available on September 15, 2022, and the contractor has until December 15, 2022, to complete the work.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Only one company from an identified disparity group (Black American) was found in the ten-county area and staff directly contacted that company. - The company did not bid as a prime, but is listed as a sub with one of the prime bidders. - Two women-owned businesses were also directly contacted and both submitted a bid. - One MWBE, woman-owned, will be operating as a subcontractor on the project. - Bryant's Land and Development Industries, Inc. anticipates expending 4.5 percent of the total dollar amount of the contract with this company.  Committee(s): None Pro(s): - The award of this contract will preserve 2.32 miles of City streets. Con(s): - This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed. - The work will be disruptive to the impacted neighborhoods, but the disruption will be a shorter duration than traditional paving. Fiscal Impact: - Funding for this contract is already budgeted in the General Capital Projects Fund as part of the Capital Improvement Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-07-26","mt":"regular","id":"II-K","ref":"RES 22-161","it":"resolution","t":"Resolution authorizing the City Manager to ratify and amend the existing transit operations agreement","desc":"AND MAINTENANCE CONTRACT WITH RADTPDev USA FOR FISCAL YEAR 2023  Background: - The City of Asheville contracts out the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system. - In 2017, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART and RATPDev USA was selected to be the contractor. - The initial contract was for 4-years and ended June 30, 2021. - The contract allowed for two 2-year optional contract extensions (for a total of another 4 years). - The City opted to exercise the first of the 2-year optional contract extensions, which began July 1, 2021. - Therefore, this contract amendment covers ART operations and maintenance for FY 2023 (July 1, 2022 to June 30, 2023), which is the second year of the first 2-year optional contract extension. - The proposed amendment will be the 3rd amendment to the contract. - Amendment 1 was approved in August of 2019 and was done to reflect the increased services (and budget) that were implemented in January 2020. - Amendment 2 was approved in October 2021 (FY22) and included the annual increase to the base contract to reflect increases to the revenue-hour rate and monthly fixed fees. While the approved Transit Operation Budget for FY22 did include additional funds for the purpose of service expansion that was planned to begin in October 2021, the service expansion did not occur due to staffing shortages, and therefore the additional funds that were budgeted for that purpose were not included in Amendment 2 of the contract. - Amendment 3 (proposed with this action) will include an increase over the FY 2022 contract amount of $953,835, for a total of $10,107,322. - This funding was included in the approved FY 2023 Transit Operations budget and represents the following: - $402,835 - annual increase to the base contract to reflect increases to the revenue-hour rate and monthly fixed fees. - $551,000 - reflects wage increase of $2.00 per hour for RATPDev ART staff in order to reduce turnover and improve recruitment. - The wage increase was implemented on July 1, 2022 for all ART staff (except directors and the General Manager). - There are no proposed changes to the language of the Contract with this amendment. - Note: There is one remaining optional 2-year contract extension available, which if exercised, would begin July 1, 2023 and end June 30, 2025. - If the City does not wish to exercise the second 2-year option under the existing contract with RATPDev, staff would need to develop an RFP for transit operations and maintenance services within the next couple of months in order to have a contractor selected and in place prior to July 1, 2023. Vendor Outreach Efforts: - N/A - This is a current contract. An extensive outreach process was conducted in 2017 when the transit operations and maintenance contract was put out for bid.  Committee(s): - The Transit Committee received a presentation from staff regarding the proposed transit operations budget for FY 2023 at their meeting on May 17, 2022. - The Committee did not take action as it was an informational item only. Pro(s): - Support the continuation of current/existing transit service levels and provides a wage increase for ART staff of $2.00 per hour.  Con(s): - Will result in increased transit operational costs for the current/existing service levels. Fiscal Impact: - Amendment 3 includes an increase of $$953,835, for a total of $10,107,322, to the annual contract for transit operations and maintenance over FY 2022. - The increase in budget reflects the increase in cost of continuing the current/existing transit service as well as the wage increase for ART staff. - The FY 2023 Transit Services Fund budget already includes the increase needed to continue the existing transit service.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":11},{"d":"2022-07-26","mt":"regular","id":"II-L","ref":"RES 22-162","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Buncombe County","desc":"Background: - The City contracts with Buncombe County to provide the City’s federally required ADA Paratransit Services. - The contract cost for Fiscal Year (FY) 23 is estimated to be $850,000 and is based on the per-mile rate of $2.38 and anticipated number of service miles to be provided of approximately 357,000. - Funding to pay for the Paratransit Services contract was budgeted in the Transit Operations Fund as part of the adopted FY 23 budget.  Committee(s): - None Pro(s): - Ensures sufficient funding is available to pay for services as required by the contractual agreement. Con(s): - None Fiscal Impact: - Funding for the contract amount is included in the adopted Transit Services Fund budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":12},{"d":"2022-07-26","mt":"regular","id":"II-M","ref":"RES 22-163","it":"resolution","t":"Resolution authorizing the City Manager to enter into a professional engineering services contract","desc":"Background: - This contract is to provide engineering services associated with the condition assessment and preliminary investigation for the North Fork and William DeBruhl Water Treatment Plant filter rehabilitation and filter media replacement, with select improvements to the North Fork post chlorination feed system and William DeBruhl finished water sample line improvements. - The North Fork and William DeBruhl Water Treatment Plants (WTP) are located in eastern Buncombe County and collectively supply around 83% of the drinking water for the customers of the City of Asheville Water System. - Both plants are direct filtration water treatment plants and treat water from pristine reservoirs. - The North Fork WTP is rated for a maximum production of 31 million gallons per day, while the William DeBruhl WTP is rated for a maximum production of 5 million gallons per day. - The North Fork and William DeBruhl WTPs rely on dual media filters that use layers of anthracite (carbon), sand, and gravel, to effectively filter particles out of the raw source water. - This media degrades over time and has a useful life of between 10 and 15 years depending on water quality and operational conditions. - This media was replaced at both plants in 2007 and has been in constant use since that time and has now reached the end of life. - It is important that this media be replaced as soon as practical to maintain the high level of filtration and treatment that is required to consistently produce high quality drinking water. - Media replacement provides the opportunity to evaluate the condition of the filter, structures, walls, airwash system, filter drains, pipe penetrations, etc.. - These repairs ensure reliability and proper long term function of each filter, which results in a resilient water system. - The scope of work includes1) project management and administration, 2) data collection and review, 3) condition assessment, 4) preliminary engineering of solutions, and 5) documentation. Vendor Outreach Efforts: - Through a qualifications based selection process beginning on May 18, 2020 the City of Asheville selected 5 consulting firms to provide on-call professional services for an array of different types of water system Water Plant Projects. - Black & Veatch was one of the selected firms due to their expertise in areas of water treatment plant construction and upgrades. - The City of Asheville entered into a master agreement with Black & Veatch on January 18, 2021 for on-call professional services valid for three years with the option to renew for two additional years. - If approved, the proposed engineering services described here within will be developed into a supplemental contract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Water Treatment Plant projects was the best method to deliver this project and Black & Veatch was the most qualified of the on-call firms.  Committee(s): - None Pro(s): - Return the North Fork and William DeBruhl WTPs to design parameters and ensure the ability for each plant to continue to produce high quality drinking water. - Make needed repairs to filter structures to ensure long term reliability. - Provide improved filtration at both treatment plants. - Provide resilience for the disinfection process. - Reduce the risk of compliance violations. Con(s): - None Fiscal Impact: - An amount not to exceed $124,290 with a contingency of $30,000 for a total project cost of $154,290. - Funding for this project is currently allocated within the Water Resources Capital Improvements Project Fund - Water Treatment Plant account - W1806","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":13},{"d":"2022-07-26","mt":"regular","id":"II-N","ref":"ORD 4957","it":"ordinance","t":"Ordinance enacting a 15 mph speed limit on Gay Street from Pearson Avenue to Madison","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits. - City staff received requests from the public to consider changes to speed limits. - City staff performed appropriate traffic-engineering studies along four streets including traffic counts and speed data. - The speed limit on the following street will be set at 15 miles per hour: - Gay Street, from Pearson Avenue to Madison Street (the existing speed limit is the statutory 35 miles per hour). - The speed limit on the following streets will be set at 25 miles per hour: - Beverly Road, from Avon Road to New Haw Creek Road (SR 2032) (the existing speed limit is 30 miles per hour). - Moody Avenue, from Monte Vista Road to Brookside Circle (the existing speed limit is 30 miles per hour). - Norwood Avenue, from Murdock Avenue to Farrwood Avenue (the existing speed limit is the statutory 35 miles per hour). - The Asheville Police Department has reviewed the subject actions and they concur with it. - Once the subject action is approved and prior to the installation of appropriate signs, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department.  Committee(s): - None Pro(s): - City staff have been able to respond favorably to the publics’ requests and expressed safety concerns. - Provides a more appropriate posted speed limit in a growing area that includes residential properties and City park facilities. - Provides more appropriate posted speed limits for pedestrians and bicycle riders. Con(s): - None Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":14},{"d":"2022-07-26","mt":"regular","id":"II-O","ref":"ORD 4958","it":"ordinance","t":"Ordinance changing the posted speed limit along Sweeten Creek Road","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits. - U.S. 25-A (Sweeten Creek Road) is a state maintained street within the city limits. - The N.C. Dept. of Transportation (NCDOT) conducted a traffic-engineering study and determined that 30 mph would be a more appropriate speed limit. - The Asheville Police Department has reviewed the subject action and they concur with it. - Once the subject action is approved and prior to the installation of appropriate signs, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department.  Committee(s): - None Pro(s): - Provides a more appropriate posted speed limit in a growing area that includes commercial and industrial properties. - Provides a more appropriate posted speed limit for pedestrians as well as motorists turning activity. Con(s): - None Fiscal Impact: - There is no fiscal impact to the City of Asheville.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":15},{"d":"2022-07-26","mt":"regular","id":"II-P","ref":"RES 22-164 / RES 22-165 / RES 22-166 / RES 22-167 / RES 22-168 / RES 22-169 / ORD 4959","it":"resolution","t":"Advanced Metering Infrastructure Project - resolutions authorizing contracts (Aclara Technologies, sole source) with budget amendment from debt proceeds","desc":"","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":16},{"d":"2022-07-26","mt":"regular","id":"II-Q","ref":"RES 22-173","it":"resolution","t":"Resolution authorizing the City Manager to execute documents to release a reverter interest in property owned by the Greater Asheville Regional Airport Authority","desc":"Background: - In 2012, the North Carolina General Assembly passed Session Law 2012-121, which created the Greater Asheville Regional Airport Authority (“GARAA”), and required that the City of Asheville transfer all real property it owned in the vicinity of the Asheville airport to GARAA. - As part of the 2012 law creating GARAA, the General Assembly included a provision stating that, if the airport ever ceased to operate, the land that the City was required to transfer to GARAA would revert back to the City. - While Session Law 2012-121 gave GARAA the power to acquire and transfer interests in real property, the City’s reverter interest in the property now owned by GARAA presents an obstacle to GARAA exercising that authority. - GARAA has reached an agreement to transfer a +/- 2.91 acre parcel of real property it currently owns (shown on a preliminary plat as “To Be Combined with Minkles, LLC PIN # 9643-71-7570”), which is a portion of Buncombe County, North Carolina PIN # 643523284L0001, to Minkles, LLC, in exchange for a .996 acre parcel of real property located in Henderson County, North Carolina, with PIN # 9643722526 and REID Number 1006761. - GARAA has proposed to grant the City the same reverter interest it possesses in relation to the property it seeks to obtain from Minkles, LLC, in exchange for the City releasing its reverter interest in the property to be exchanged.  Committee(s): - None Pro(s): - Will allow GARAA to pursue a property exchange it deems to be beneficial, and will result in the City obtaining a reverter interest in a piece of land of greater or equal value. Con(s): - None. Fiscal Impact: - None. Suggested Motion: - Motion to adopt a resolution authorizing the City Manager to execute all documents needed to release a reverter interest in one parcel of real property owned by the Greater Asheville Regional Airport Authority, and accept a reverter interest in another parcel of real property of equal or greater value. … Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":17},{"d":"2022-07-26","mt":"regular","id":"IV-A-cz","ref":"ORD 4960","it":"ordinance","t":"Public hearing to consider the conditional zoning of 221, 217 Long Shoals Road properties","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 221, 217 & 99999 Long Shoals Road from Community Business II District to Residential Expansion/Conditional Zone. This public hearing was advertised on July 15 and 22, 2022. Project Location and Contacts: - The project site totals 5.36 acres located along Long Shoals Rd (PINs 9644-68-0892, 9644-69-0059, and 9644-69-2035). - Owners: Charles Worley, David Worley, Charles R. Worley and Nancy K. Worley Charitable Remainder Unitrust.  Summary of Petition: Project Site - The project site consists of three parcels totalling 5.36 acres located along Long Shoals Road with access to Lake Julian. - The site is currently zoned Community Business II (CBII). - Given the size of the project (over 50 residential dwelling units), a conditional zoning to the Residential Expansion (RES EXP) district is required. - The site is designated “Urban Corridor” on the City’s Future Land Use (FLU) Map. - A change in the FLU designation will not be required. Overall Project Proposal - New building construction includes 186 dwelling units located across three 4/5-story multi-family buildings. - Other site improvements include off-street parking, playground, swimming pool, and path to Lake Julian. - 37 units (20%) will be affordable at 80% Area Median Income (AMI) for a minimum of 20 years. - 19 of these affordable units (half) will accept housing choice vouchers. Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. - The maximum building height of the proposed project is 41 feet. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of the dwelling units are affordable at 80% AMI. - The proposed project’s density is 34.7 units per acre. - Front yard, rear yard and side yard setbacks of 15 feet are proposed as is required in the RES EXP district. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. - The proposed project would result in a total impervious area of 62%. Landscaping and Open Space - Landscape requirements apply, including street trees, parking lot, building impact, property line, and retaining wall screening. - The RES EXP district requires a 20 foot-wide “Type A” landscape buffer where the subject property is adjacent to any other residentially zoned property, which will be required along the eastern property border where it abuts a RES EXP-zoned property. - The project notes that due to the presence of an MSD sewer easement and the proposed shared driveway, no landscape buffer can be planted along 192 linear feet of this property boundary. - The project is classified as “urban” under the Tree Canopy Preservation standards and has a classification of “Class B”. - The existing canopy coverage (2018) is 34%. - The project proposes preserving 3.5% of tree canopy resulting in a required 12% of new tree plantings, which will be accommodated on-site. - Open space is required at a rate of 500 square feet per unit, resulting in a required 93,000 square feet of open space, with at least one 18,600 square foot area that provides park or plaza-type features. - The project is proposing a total of 65,600 square feet of open space. Access, Sidewalks and Parking - Access to the site will be provided by two new driveways located on Long Shoals Rd, one of which on the northeast of the site would be off of a shared access drive with a neighboring proposed development. - A total of 282 parking spaces are proposed, 30 of which are proposed to be structured parking spaces beneath portions of buildings A and B. - 30 parking spaces are proposed to be tandem of the structured parking spaces. - Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 197/383 for the RES EXP district. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary access corridor and internally throughout the site. - The project is proposing a new 10 foot-wide sidewalk with a five foot-wide planting strip along the site’s frontage on Long Shoals Rd. - The project is proposing five foot-wide sidewalks internal to the site. Technical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process including: - A total of 65,600 square feet of open space instead of the required 93,000 square feet. - A reduction of approximately 192 linear feet of Type A landscape buffer along two portions of the project’s eastern property line due to the presence of the shared driveway connection and an MSD sewer easement. - Five foot-wide sidewalks internal to the site instead of the required 10 foot-wide standard. - No bike lanes into the development. Comprehensive Plan Consistency: - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan including: - Encourage Responsible Growth - by providing infill development in targeted growth areas (p. 131). - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing (pp. 179 & 183) in proximity to schools, transit and parks (pp. 246 & 251). - Promote Access to Well-Maintained Parks and Open Space for All - by providing access to natural areas and programmed open spaces (213). - The proposed development is compatible with the Future Land Use designation of “Urban Corridor” which is proposed, in part, as “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure” p. 344). Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land uses, including: - Proposed 130-unit, multi-family retirement community to the north of the site along Long Shoals Rd, known as the Julian Woods Retirement Community. - Existing multi-family development to the north of the site, known as the Reserve at Biltmore Park Apartments. - Suburban commercial use to the south of the site along Long Shoals Rd.  Committee(s): - Technical Review Committee (TRC) - May 16, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - July 6, 2022 - approved, 6:0. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above and finds that the affordable housing being proposed offsets the technical modifications requested for a reduction in the total open space. Mr. Palmquist reviewed the location maps and aerial photo. He then explained the site plan as three new, 4/5-story multi-family buildings; 186 dwelling units (20% affordable); two driveway access points - one new, and one on proposed driveway at Julian Woods Retirement Community (under construction); 282 parking spaces total, 30 structured/tandem; sidewalks: 10’-wide with 5’-wide planting strip on Long Shoals Rd, 5’-wide internal sidewalks; landscaping and Open Space Standards; and Tree Canopy Preservation standards met on-site through preservation and new plantings. He then showed renderings of the buildings. Conditions include (1) 37 units (20%) will be designated affordable at 80^ Area Median Income for a minimum of 20 years - 19 of these units (half) will accept housing choice vouchers; and (2) technical modifications include (a) a reduction in Open Space area from 93,000 square feet to 65,600 square feet; (b) 5’-wide sidewalks internally instead of the required 10’-wide standard; and (c) no bike lanes into the development. The explained how the project complies with the Living Asheville Comprehensive Plan and the review process. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Councilwoman Roney said this is another example of our need to expand service hours for that route and hoped that we will amend our LUIG policy so that 100% of our units that we are subsidizing accept housing code vouchers. Mayor Manheimer opened the combined public hearings at 5:20 p.m., and when no one spoke, she closed the combined public hearings at 5:20 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and ordinance and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2022-07-26","mt":"regular","id":"IV-A-luig","ref":"RES 22-170","it":"public_hearing","t":"Public hearing to consider a Land Use Incentive Grant for Millstone Ventures LLC at 221 Long Shoals Road","desc":"Mayor Manheimer said that the two public hearings - one for the land use incentive grant and the other for the conditional zoning - would be combined; however, two votes would be taken. Affordable Housing Office Sasha Vrtunski said that this is the consideration of a resolution approving a land use incentive grant to Millstone Management for 221 Long Shoals Road. This public hearing was advertised on July 15, 2022. Review: - Millstone Ventures LLC has applied for a Land Use Incentive Grant (LUIG) for their development at 221 Long Shoals Road per the LUIG policy adopted by City Council on June 22, 2021. - The development consists of 186 rental apartments and community space. - Housing represents 100% of all rentable square footage. - Of the +/- 186 residential units, 20% (estimated to be 37 units) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years. - The project encompasses 5.36 acres of land on Long Shoals Road in South Asheville, currently divided into three parcels known as 221, 217, and 99999 Long Shoals Road and PIN’s 9644-68-0892; 9644-69-0059; 9644-69-2035. - Estimated Tax Value of the property is $31.4 Million post-completion.. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of Asheville for households earning at or below 80% of the Area Median Income (AMI). - The affordable units will be affordable to and leased to income-eligible households for at least 20 years. - The proposed development is located inside the city limits. - The proposed development provides residents convenient access to jobs, schools, and services. - The proposed development is over the 70% residential threshold in use based on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive: - 20 total points for affordability, - 10 points for rental assistance, - 10 points for the location, - 15 points for energy efficiency, - 10 points for Universal Design, and - an additional for building in a non-Qualified Census Tract, - for a total score of 85 points - Per the policy, this will equal 17 years of grants in the amount of the City Property Taxes payable on the 221 Long Shoals Road Development. - As a part of the LUIG program, 50% of the affordable units will accept vouchers, which generally benefit households at 50% AMI or below. - When Housing Choice vouchers are utilized, this also opens up a unit in Public Housing where there are waiting lists. - Unit mix for affordable units is 18 one bedroom units and 19 studio units. - The units accepting vouchers will be the one bedroom units and 1 studio. Proposal: - Affordable Rental Housing - The proposed project will provide: - 20% of the total units (estimated at 37 units) as affordable units to individuals and families earning at or below 80% AMI, - with 50% of the affordable units (estimated at 19 units) accepting rental assistance, for an affordability period of twenty (20) years. - Under this category, the project qualifies for 20 points. - Rental Assistance - The proposed project will accept 19 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more. - The proposed project will house one person from the Homeless By-Name List for 5 points. - Under this category, the project qualifies for 15 points. - Superior locational efficiency - The proposed project is located within 1 mile from a job or urban center (Biltmore Town Square), and within a .5 mile from a Transportation Amenity (Ingles, schools). - Under this category, the project qualifies for 10 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star Certification and solar panels. - Under this category, the project qualifies for 20 points. - Universal Design: The project has committed to using Universal Design for 20% of the units, which qualifies for 10 points. - Non-Qualified Census Tract: The project is located in a Non-Qualified Census Tract, which qualifies for 10 points. - Staff has scored the project with 85 points, which qualifies the project for seventeen (17) years of Land Use Incentive Grant.  Committee(s): - Housing & Community Development Committee - June 21, 2022 - approved 3-0. - Finance Committee - July 26, 2022 Approved 3-0, with a request that the developer consider changing the unit mix of the affordable units to include some 2 bedroom units. - Affordable Housing Advisory Committee (AHAC) - July 7, 2022. Staff presented the project to AHAC for their feedback and comments. Comments centered on the need for units with more bedrooms, and concerns around affordable units being equitable to others - finishes, unit sizes and location of units within a development. - The developer is not able to commit to units with additional bedrooms at this time, citing a jump in construction cost per unit from a 1 bedroom to a 2 bedroom unit. - The same finishes will be used in the affordable units, and they are not going to be segregated from other units. Pro(s): - The proposed project will provide 20% of the total units (estimated at 37 units) as affordable rental housing units to households earning 80% or less of area median income; - The proposed project will have an affordability period of twenty (20) years; - The proposed project should have a significant economic impact. Construction wages and material purchases will positively affect the local and regional economy; - The affordable units are located in South Asheville (walkability score of 48 - car dependent, bike score of 27 - somewhat bikeable, minimal bike infrastructure) and provide employment & shopping options for individuals and families who fall within the 80% AMI incomes. - Millstone Ventures LLC will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers and Rental Assistance as the development prepares to come online. Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development. Fiscal Impact: - The three parcels included in the project have a current tax value of $3,369,600 and pays city property taxes of approximately $13,579 annually. - Under the estimated tax value of $26 Million post-completion, the annual city property tax will be approximately $104,941. - The difference is $91,361, which would be granted to the property owner annually after payment for 17 years. - For 17 years and 37 affordable units at or below 80% AMI, the city will grant back a total of $1,553,149 over the 17 years of the LUIG which equals $41,977 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in the LUIG Policy. - After year 17, the City will receive the approximate $104,941 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $13,579 per year in years 1 -17. - The City sets aside a budget annually for Land Use Incentive Grants. Ms. Vrtunski said the key takeaways are (1) LUIG application is for 221 Long Shoals Apartments in South Asheville; (2) project committing 37 units (20%) to be affordable for 20 years at 80% or below; (3) the project is also bringing other benefits including rental assistance, housing for the Homeless By-Name list, solar panels and Universal design; and (4) project qualifies for 17 years of taxes paid. The project background is (1) the development consists of 186 apartments and community space; (2) housing represents 100% of all rentable square footage; (3) of the 186 residential units, 37 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum  of 20 years; (4) the project encompasses 5.36 acres of land on Long Shoals Road; and (5) unit mix for affordable units is 1 one-bedroom units and 19 studio units. The units accepting vouchers will be the one-bedroom units and 1 studio. She showed the project location and the exterior elevations. Regarding the point summary, she said per the LUIG Scoring Matrix and based upon the policy, the project will receive: 20 total points for affordability; 10 points for rental assistance; 5 points for Housing for 1 person on the Homeless By-Name list; 10 points for the location; 20 points for energy efficiency & solar panels; 10 points for Universal Design; and 10 points for building in a non-Qualified Census Tract. Total Points: 85 points = 17 years of taxes paid back. Regarding vouchers, 50% of the affordable units (19 units) must accept Housing Choice Vouchers (1) Housing Choice Vouchers help people at or below 50% AMI. These residents come from the Housing Authority. The household pays 30% of their income, but the voucher makes up the difference; (2) Our area currently has 100 vouchers that are going unused because of a lack of units that accept them; and (3) When someone finds a unit, they leave public housing and make space for another household on the public housing waiting list. So a voucher unit actually helps 2 households. Regarding LUIG specifics, (1) The three parcels included in the project have a current tax value of $3,369,600 and pays city property taxes of approximately $13,579 annually; (2) Under the estimated tax value of $26 Million post-completion, the annual city property tax will be approximately $104,941; (3) The difference is $91,361, which would be granted to the property owner annually after payment for 17 years; (4) Total grant is estimated at $1,553,149 over the 17 years of the LUIG; (5) Subsidy then equals $41,977 per unit of subsidy which is lower than the estimate of up to $80,000 as noted in existing policy; (6) After year 17, the City will receive the approximate $104,941 annually in city tax revenue (depending on future property tax increases, etc.); and (7) The City will receive property taxes of approximately $13,579/year in years 1 -17. The Committee reviews are (1) The Housing and Community Development Committee reviewed this LUIG request at their June 21 meeting and voted 3-0 in favor of approval; (2) The Finance Committee reviewed the request at their June 28 meeting and voted 3-0 in favor of the approval; and (3) Affordable Housing Advisory Committee also gave comments on the project. Comments centered around the number of bedrooms in the affordable units and the need for some multiple bedroom units. Staff has discussed this request with the developer. She said that staff recommends approval of the Land Use Incentive Grant application for Millstone Ventures / 221 Long Shoals Road. Councilwoman Wisler suggested that instead of saying 37 units at 80% AMI, with 20% of them accepting housing choice vouchers, we might want to say 37 units with 10% at 80% AMI and 10% at 50% AMI. PUBLIC HEARING TO CONSIDER THE CONDITIONAL ZONING OF 221, 217 & 99999 LONG SHOALS ROAD FROM COMMUNITY BUSINESS II DISTRICT TO RESIDENTIAL EXPANSION/CONDITIONAL ZONE","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2022-07-26","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope: A Southside Neighborhood Vision Plan - continued to August 23, 2022","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"continuance","sq":20},{"d":"2022-07-26","mt":"regular","id":"IV-C","ref":"RES 22-171","it":"public_hearing","t":"Public hearing to consider closing an unopened right-of-way (Avery Project)","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close an unopened right-of-way west of Pearl Street, between Patton Avenue and Hilliard Avenue associated with The Avery Project. This public hearing was advertised on July 1, 8, 15 and 22, 2022. Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Delray Ventures has petitioned for this closure associated with the Avery Project located at 363 Hilliard. - The City Council approved the Conditional Zoning request for the Avery Project on March 8, 2022. - Another unopened right-of-way known as Rear Clingman Avenue associated with the Avery was previously closed by the City Council on April 26, 2022. - The right-of-way under this request was not requested to be closed at that time because both staff and the applicant did not believe it to be necessary, however the applicant’s title company, as well as the NCDEQ, which is providing Brownfield remediation funding, have indicated that it does in fact need to be closed. - The Technical Review Committee (TRC) did not review this specific closure request due to time constraints; however, the overall project has been reviewed by TRC multiple times and the right-of-way was discussed as part of that process. - On June 28, 2022, the City Council passed a resolution of intent and set a public hearing for July 26, 2022, to permanently close the right-of-way. - Signs were placed at two locations along the right-of-way announcing the public hearing and potential closure.  Committee(s): - Multimodal Transportation Committee - June 22, 2022 - unanimously recommended approval of the request. Pro(s): - Promotes sustainable high density infill growth that makes efficient use of existing resources.  Con(s): - None Fiscal Impact: - There will be no fiscal impact related to this closure. Ms. Morriss said that Delray Ventures has petitioned for this closure, associated with the Avery Project. The Avery project was approved by Council on March 8, 2022. Another unopened right-of-way known as Rear Clingman Avenue was previously closed by the City Council on April 26, 2022. The right-of-way connecting to Pearl St. was not closed previously because both staff and the applicant did not believe it was necessary, however the applicant’s title company, as well as the NCDEQ, which is providing Brownfield remediation funding, have indicated that it does in fact need to be closed. She then showed pictures of the alley location. The Technical Review Committee (TRC) did not review this specific closure request; however, the overall project has been reviewed by TRC multiple times and the right-of-way was discussed as part of that process. An MSD sewer line exists within the right-of-way, therefore an easement will remain in place and no structures will be built within it. The Development Services Department and Transportation staff see no issues with the requested closure and recommend approval. The Multimodal Transportation Commission unanimously recommended approval of the right-of-way closure request at their June 22, 2022 meeting. Staff recommends City Council adopt a resolution to permanently close an unopened right-of-way west of Pearl Street, between Patton Avenue and Hilliard Avenue, associated with the Avery Project. Mayor Manheimer opened the public hearing at 5:24 p.m., and when no one spoke, she closed the public hearing at 5:24 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2022-07-26","mt":"regular","id":"IV-D","ref":"ORD 4961","it":"public_hearing","t":"Public hearing relative to amending the Unified Development Ordinance - wording amendments to Chapter 7","desc":"Urban Planner Vaidila Satvika said that this is the consideration of an ordinance to amend the Unified Development Ordinance to update open space requirements for residential and commercial development and related amendments. This public hearing was advertised on July 15 and 22 2022. Background: - The Planning & Urban Design Department proposes to amend the Unified Development Ordinance (UDO) to update open space requirements for residential and commercial development. - This ordinance supports affordable housing by providing greater flexibility in the quantity of open space required, which allows for a greater number of units on smaller parcels of land while creating higher quality open spaces. - The proposed text is implementing the City’s comprehensive plan, Living Asheville, by 1) reducing regulatory barriers to infill housing, 2) promoting higher quality and more accessible open spaces, 3) simplifying regulations, 4) incentivizing enhanced stormwater management for larger developments, and 5) strengthening open space protections in the River Arts District. - The following chart compares the current open space standards with the proposed standards: Topic CURRENT PROPOSED Residential 500 SF/unit or 15% of parcel, whichever is greater 8-19 units: 5-10%; 20-49 units: 10-15%; 50+ units: 15-20% Subdivisions 20% open space required 10-15% open space required Commercial 5-15% open space required 5-10% open space required Stormwater Stormwater mitigation is not required for infill projects Large sites (1 acre+) incentivized to provide stormwater management Affordable Housing No incentive Large sites (1 acre+) with affordable housing are exempt from more restrictive open space standards Fee in lieu Available for <5,000 SF open space Available for <5,000 SF open space RAD-OSP Building Coverage (Max) 80% 7% RAD-OSP Impervious Surfaces (Max) 0% 12% (Not including impervious paths or trails - The draft zoning standards have been reviewed by various City of Asheville departments and boards and commissions, members of the design/build community (architects, landscape architects, designers and engineers), a volunteer Open Space Task Force consisting of representatives from eight boards and commissions, and other community members. - The Open Space Task Force began meeting in February 2021 and included representatives from the Asheville Area Riverfront Redevelopment Commission (AARRC), Affordable Housing Advisory Committee (AHAC), Development Customers Advisory Group (DCAG), Downtown Commission (DTC), Neighborhood Advisory Committee (NAC), Planning & Zoning Commission (PZ), Sustainability Advisory Committee on Energy and the Environment (SACEE), and Urban Forestry Commission (UFC). The task force met 15 times over the course of nine months to refine the proposed open space code collaboratively. Comprehensive Plan Consistency: - This proposal best aligns with the Living Asheville Comprehensive Plan themes of a Livable Built Environment, by encouraging responsible growth that provides greater flexibility for development while balancing other needs, and Harmony with the Natural  Environment, by promoting more accessible open spaces and incentivizing green infrastructure on larger (over one acre) parcels. - Specifically, the proposed amendments are consistent with the following comprehensive plan goals: - Goal 21: Promote Access to Well Maintained Parks and Open Space for All in that it improves upon open space design to create more accessible and usable open spaces with more amenities. - Goal 22: Mitigate Flooding and Erosion in that better stormwater management is incentivized for multifamily, non-residential and mixed-use projects. - Goal 13: Increase and Diversify the Housing Supply by removing conflicts that currently inhibit the utilization of recently-passed infill housing standards due to excessive regulatory requirements for open space that also add to housing costs.  Pro(s): - Reduces code conflicts that inhibit the utilization infill housing standards - Increases stormwater mitigation for parcels over one acre in size - Creates more functional, better-designed open spaces citywide - Supports affordable housing by reducing land requirements for development - Improves preservation of open space in the River Arts Form district - Allows for a greater potential for smaller infill housing units to be built Con(s): - In some projects open space quantity will decrease that may lead to increased impervious surfaces that come with related stormwater runoff impacts. - Note, however, that increased runoff is counterbalanced by new proposed requirements that will increase stormwater treatment on sites over one acre in size. Fiscal Impact: - None Staff Recommendation: - Staff recommends amending zoning text in Chapter 7 of the UDO related to open space standards as the proposal: - Is consistent with the Living Asheville Comprehensive Plan, particularly with Goals 13, 21 and 22; - Improves upon open space design to create more accessible and usable open spaces with amenities; - Removes regulatory barriers to infill housing; - Incentivizes stormwater management on larger parcels; and, - Balances development requirements to support walkable, transit-supported neighborhoods by encouraging more efficient land use. Mr. Satvika explained the following key takeaways: (1) this is a proposed zoning text amendment to (mostly) private open space zoning regulations; (2) draft regulations intentionally  balance City goals related to housing and the environment Benefits include: (a) removing barriers to infill housing; and (b) improving the quality and accessibility of open spaces; and (3) Open Space ordinance complements the City’s tree canopy efforts. From our Unified Development Ordinance, the definition of open space means an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel. The process consisted of a creation of a task force from February to October 2021 (15 meetings). Boards/commissions represented were Asheville Area Riverfront Redevelopment Commission; Affordable Housing Advisory Committee; Development Customers Advisory Group; Downtown Commission; Neighborhood Advisory Committee; Planning & Zoning Commision; Sustainability Advisory Committee on Energy & the Environment; and Urban Forestry Commission. The primary goals are to (1) implement Living Asheville Comprehensive Plan strategies related to the need for more housing; (2) improve the quality and accessibility of open space; (3) simplify and clarify disjointed regulations; (4) incentivize better stormwater management; and (5) strengthen open space protections in the River Arts District. He reviewed several open space examples within private development. He said that trees are not required in open space. He said the Tree Canopy Preservation Ordinance was established in September 2020 - preservation or planting of trees is now required for 5-30% of applicable development parcels. Landscaping standards require applicable development parcels to provide trees and landscaping. He then explained which properties are required to provide open space - 8+ residential homes or apartments; and all commercial projects in most zoning districts. He then provided the following open space text amendment summary, with several examples: Topic CURRENT PROPOSED Residential (Apartments) 500 SF/unit or 15% of parcel, whichever is greater 8-19 units: 5-10%; 20-49 units: 10-15%; 50+ units: 15-20% Subdivisions (Lots) 20% open space required 10-15% open space required Commercial 5-15% open space required 5-10% open space required Stormwater Stormwater management is not required for infill projects Large sites (1 acre+) incentivized to provide stormwater management Affordable Housing No incentive Large sites (1 acre+) with affordable housing are exempt from more restrictive open space standards Fee in lieu Available for <5,000 SF open space Available for <5,000 SF open space RAD-OSP Building Coverage (Max) 80% 7% RAD-OSP Impervious Surfaces (Max) 0% 12% (Not including impervious paths or trails)  He then explained the stormwater clause and gave examples, stating that large Parcels (over 1 acre) must provide 50% open space unless they choose to comply with the city’s stormwater mitigation program. If the project complies with stormwater mitigation, the open space requirement is reduced. Mr. Satvika responded to Councilwoman Kilgore when she asked if we offer any type of incentives if private developers open up their open space for public use. In response to Councilwoman Wisler about a possible amendment to the ordinance, Mr. Satvika explained that staff have received several comments regarding the alignment of the proposed zoning text amendment to the Unified Development Ordinance's open space requirements with other City policies. The proposed text amendment language is currently aligned with other City policies, but the specific language related to permitted reductions in open space requirements associated with affordable housing as currently written would require a future amendment if the Land Use Incentive Grant (LUIG) policy is revised. Since we know the LUIG policy will be reviewed in Fiscal Year 2022-2023, staff is suggesting a potential revision to the language in section 7-11-4 (f) 1.b. to ensure continued alignment with the LUIG policy should policy revisions be approved. Councilwoman Roney said that as liaison to the Neighborhood Advisory Committee and Urban Forestry Commission, a reminder that they have recommended not approving the open space amendment as drafted. Concerns included (1) Depth of affordability when incentivizing housing development; (2) Impact on neighborhoods vulnerable to gentrification; (3) Impact on tree canopy maintenance and restoration; and (4) Lack of policy for distribution of open space fees-in-lieu. In the absence of a community benefits table, incentives can be tools to ensure best practices. If we maintain high standards, developers can still get approval through conditional zoning. The stormwater incentives are sorely needed. But, before loosening development standards for open space, Council could (1) Incentivize deeper affordability at 60% of the area median income, not 80% as drafted, then get LUIG in line with this policy; and (2) Pause approval until the new Urban Forester is hired and can review for tree canopy impact. Would be unfortunate to have a new staff member and new policy in conflict as we pursue our goals. Mayor Manheimer opened the public hearing at 5:55 p.m. Four individuals spoke in support of the ordinance. Six individuals spoke in opposition of the ordinance. Mayor Manheimer closed the public hearing at 6:41 p.m. Mr. Vaidila responded to various questions/comments raised by the public and City Council, some being, but are not limited to: which properties are required to provide open space - 8+ residential homes or apartments; why the proposed zoning text amendment is mostly for private open space zoning regulations; confirmation that the Open Space Task Force recommended the landscaping regulations be updated, which they are working on; confirmation that the Urban Tree Canopy Study is being updated, noting that the open space regulations do not conflict with that study; and why staff is not waiting until the Urban Forester is hired, letting that person review this and then consider adoption. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Wisler","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":1,"mr":"contested vote","sq":22},{"d":"2022-07-26","mt":"regular","id":"VI-A","ref":"RES 22-172","it":"resolution","t":"Resolution approving the recommended allocations of the Strategic Partnership funds","desc":"Assistant City Manager Rachel Wood said that this is the consideration of a resolution approving the recommendation of allocations of Strategic Partnership Pilot Program funding and authorizing the City Manager to execute the grant agreements. Approval of the recommendations for Strategic Partnership Pilot Grant Program awards and authorization for the City Manager to execute grant agreements. Background: - During the June 21, 2022 Housing & Community Development Committee (HCD) meeting, staff received direction to proceed with the implementation of a pilot grant program using Strategic Partnership Funds (SPF) to address the opportunity gap for low to moderate income school-aged youth. - A $20,000 award minimum was established to maximize community benefit - Applications for the SPF Pilot Grant Program were accepted June 22-July 12, 2022. - 31 applications from qualified agencies were received. - On Thursday, July 14 the HCD Committee and Evaluation Committee heard presentations from applicant agencies to receive additional details about each of the grant proposals. - The Evaluation Committee consisted of the following individuals: - Nicole Cush, Principal -School of Inquiry and Life Sciences at Asheville - Becki Ogles, Assistant Finance Director -City of Asheville - Jaime Matthews, Assistant to the City Manager -City of Asheville - Brenda Mills, Director of Equity & Inclusion -City of Asheville - Rachel Taylor, Economic Development Specialist -City of Asheville - Rachel Wood, Assistant City Manager -City of Asheville - On July 19, 2022 the HCD Committee reviewed recommendations from the Evaluation Committee and recommended funding eight agencies for a total grant award of $375,500. - The HCD Committee’s recommendations are included as part of the suggested City Council motion below. - The intent of the pilot grant program is to test recommendations that are being considered as part of a more comprehensive restructure of the SPF Program while  providing much-needed financial resources to the community at the start of the new fiscal year. - The proposed long-term restructure of the SPF Program will be reviewed by the Housing & Community Development Committee and finalized in winter 2023, followed by the advertisement of applications and consideration of grant awards in spring 2023.  Committee(s): - Housing & Community Development on 7-14-22 - Heard Presentations; 7-19-22 - approved (Vote 3:0) as described in suggested motion below. Pro(s): - Additional resources available in summer 2022 to help address the opportunity gap and provide programming for school-aged youth. - Opportunity to test recommendations prior to finalizing long-term revisions to the Strategic Partnership Program. - Reduced administrative barriers to agencies with simplified application and streamlined reporting requirements. - Enhanced community impact with $20,000 minimum per grant award. Con(s): - The quick implementation of the pilot grant program resulted in less extensive outreach to make agencies aware of the application period. Despite the short window, 31 agencies applied for these funds. Fiscal Impact: - The pilot grant program is budgeted using a portion of the General Fund’s Strategic Partnership Program balance from previous fiscal years and the $242,000 budgeted for Fiscal Year 2022-2023. - Should the City Council authorize funding the full $375,500 recommended as part of the Strategic Partnership Pilot Grant program, the Strategic Partnership Program will have a remaining balance of $335,500 that will be used for the long-term program revisions. Ms. Wood said that the key takeaways from this presentation will be (1) 31 applications were received between June 22 and July 12 for the Strategic Partnership Pilot Grant Program to address the opportunity gap for low to moderate income school-aged youth with simplified application and reporting requirements; (2) Presentations from applicant agencies were heard on July 14 followed by finalized funding recommendations from the Evaluation Committee; (3) On July 19, the Housing & Community Development Committee reviewed recommendations from the Evaluation Committee and made final recommendations to fund 9 agencies at a total of $375,500; (4) City Council is being asked to review and consider approval of the Housing & Community Development Committee’s funding recommendations at the July 26 meeting; and (5) Staff will incorporate lessons learned from the pilot, additional research, and stakeholder engagement into final recommendations for long-term revisions to the Strategic Partnership Program. Regarding the strategic Partnership Pilot (1) Scope narrowed to address impacts of the opportunity gap by supporting low to moderate income school-aged youth in and out of the classroom; (2) Reduces administrative barriers for applicant agencies with simplified application and reporting requirements; (a) Easy to complete application form and (b) Simplified reporting requirements since no federal funding is involved; and (3) Increases award minimum to $20,000  per program. She reviewed the pilot timeline. Regarding the Housing & Community Development Committee funding recommendations, 31 applications were received. Applications were reviewed based on each program’s demonstrated ability to address the opportunity gap for school aged youth, the ability to track and measure results, available resources and capacity to carry out the project, and a workable budget to support the program. The Strategic Partnership Program revision timeline is that in the fall-winter of 2022, the program development with regular status reports to HCD. In the winter of 2023, we will receive HCD direction and program revisions implemented. In the spring of 2023, will be the application and award. When Councilwoman Mosley asked how many children are being helped with these grants, Ms. Wood replied approximately 800. Mayor Manheimer asked for public comments, but received none. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Economic Development","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":23},{"d":"2022-07-26","mt":"regular","id":"remote","ref":"","it":"motion","t":"Motion to allow Councilwoman Roney to participate remotely","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1LlDcEon331W9KgNL5LaBSKJ9ZDFiWCFq/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-08-23","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held July 26, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-08-23","mt":"regular","id":"II-B","ref":"RES 22-174","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with TP Howard's Plumbing","desc":"Background: - Moderate to heavy rain storms create localized flooding near the intersection of Carter Street, Patton Avenue, and S. Ann Street due to an undersized and aging stormwater system. - The proposed improvements include installation of approximately 1,700 linear feet of a new stormwater system within the right-of-way of Carter Street, S. Ann Street and Patton Avenue to improve drainage and reduce excessive stormwater on the roadway, as well as the associated resurfacing of the roads impacted by the installation of the proposed improvements. - This project will also replace sidewalks, some trees and tree grates along Patton Avenue, and add crosswalks to meet ADA requirements. - The complete resurfacing of Patton Avenue from S. French Broad Ave. to Clingman Ave. is a planned paving project within the Public Works Streets Division. - This project has two funding sources: - The Stormwater Capital Fund is contributing $2,295,500 to install new stormwater infrastructure. - The General Capital Projects Fund is contributing $1,236,100 from savings from prior years' resurfacing projects for the paving of Patton Avenue, and the replacement of sidewalks and ramps to meet ADA requirements. - Street lighting along this section of Patton Avenue will be upgraded by the City of Asheville Transportation Division through an ongoing contract with Duke Energy. - NCDOT is partnering with the City of Asheville to modify and add additional pedestrian controls for the new crosswalks to be installed at Patton Avenue and Clingman Avenue. - Outreach and coordination with all stakeholders has been ongoing with the assistance of CAPE. - Additional outreach and coordination efforts have included a community walking tour of the project, and meetings with Homeless Service Providers such as AHOPE, the Rescue Mission, and Homeward Bound. - The project was advertised on May 25, 2022. - A total of four (4) contractors attended the mandatory pre-bid meeting on June 7, 2022. - A formal bid opening occurred on July 7, 2022 at 3:00 pm. - Two (2) bids were received. Because less than three (3) bids were received, bids were not able to be opened. - On July 12, 2022 the bid was re-posted. - A total of three (3) contractors attended the non-mandatory, virtual pre-bid meeting on July 18, 2022. - A formal bid opening occurred on August 4, 2022, at 3:00 pm. Three (3) bids were received: - TP Howard’s Plumbing Company Inc., Fairview, NC $2,943,000.00 - Moore & Son Site Contractors Inc., Mills River, NC $3,130,303.00 - Thomas Construction Company Inc., Johnson City, TN $6,460,821.00 - The lowest responsive, responsible bidder was TP Howard’s Plumbing Company, Inc. - Construction is anticipated to start in Fall 2022, weather permitting. The project should be completed in approximately sixteen (16) months. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System, the City of Asheville website, and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Stormwater staff also reached out to MWBE contractors that were identified through Yoruba Life, NCDOT HUB certified website, and The Color of Asheville directory. - Past contractors who have shown interest in bidding on City of Asheville projects were informed about the project’s advertisement. - During preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department. - Of the three (3) bids received, none self-identified as a MWBE business owner. - All three (3) bidders indicated that they would be utilizing a MWBE sub-contractor. - The lowest responsive, responsible bidder - TP Howard’s Plumbing Company, Inc. - provided documentation on their outreach. - The current Asheville Business Inclusion Committee approved the good-faith effort by the contractor on 8/5/2022. - TP Howard’s Plumbing Company, Inc. submitted documentation that they would use New Dimensions, which is a Black-owned striping business.  Committee(s): - Urban Forestry Commission - UFC suggestions were incorporated into plans. Pro(s): - The project will provide a properly designed drainage system and stormwater conveyance inside the right-of-way to help alleviate flooding and too much water on the roadway. - Additionally, sidewalks and ramps will be replaced so they are ADA compliant, and trees will be updated for safety and tree health. - The project will improve public safety in the neighborhood with new crosswalks and pedestrian routes. Con(s): - Construction may be somewhat disruptive to nearby businesses, service providers, residences, and travelers to downtown Asheville. Efforts will be made to notify residents and other stakeholders, and to minimize disruptions. - Approximately two weeks of night work will be scheduled to limit impacts to traffic as the project installs a large stormwater pipe across Patton Avenue. Fiscal Impact: - Funding for this project is already budgeted in the Stormwater Capital Fund ($2,295,500.00). Funding for the paving portion of the project will come from savings from prior years' street resurfacing projects in the General Capital Projects Fund ($1,236,100.00).","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-08-23","mt":"regular","id":"II-C","ref":"RES 22-175","it":"resolution","t":"Resolution authorizing the City Manager to execute a sidewalk maintenance agreement","desc":"Background: - The NCDOT has identified a project to make certain pedestrian improvements at three specific locations along US 70 (Tunnel Road) and US 74A (South Tunnel Road). - As a part of the project, a section of new sidewalk will be constructed along US 70/US74A (Tunnel Road) between Beaucatcher Tunnel and Old Chunns Cove Road. - The NCDOT has developed the plans and specifications in accordance with their standard policies and procedures for pedestrian facilities. - The NCDOT is fully funding the project. - The City will be responsible to maintain the sidewalk when the project is completed.  Committee(s): - Multi-Modal Transportation Committee - July 27, 2022 - Approved unanimously Pro(s): - Increases the inventory of completed sidewalk sections. - NCDOT is fully funding the construction of the sidewalk section. - Enhances pedestrian flow and safety through a high traffic volume corridor area. Con(s): - The City is responsible for maintaining the sidewalk. Fiscal Impact: - There is no immediate fiscal impact to the City and future maintenance activities would be addressed with the Public Works Department’s annual operating budget along with other existing sidewalk needs. - Currently, the Public Works Department budgets about $1.5 million for sidewalk maintenance and repair which is equivalent to $1.56 per linear foot.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-08-23","mt":"regular","id":"II-D","ref":"RES 22-176","it":"resolution","t":"Resolution authorizing the Purchasing Manager to execute a change order to increase the amount","desc":"Background: - The City Council authorized the previous purchase of three 30-foot Gillig diesel buses via Resolution 21-255 on December 14, 2021 for $1,399,122, as well as authorized an additional $250,000 for bus related accessories to be purchased from other transit vendors, for a total amount of $1,649,122. - The purchase order for the Gillig buses was issued in January 2022 under a cooperative purchasing agreement with the State of Washington for transit bus purchases. - In July 2022, City transit staff received communications, including a letter, from Gillig alerting the City that additional funds would be required to complete the purchase of the three Gillig diesel buses due to the ongoing global economic crisis. - Specifically, Gillig provided information regarding increases to materials and parts required for transit bus production due to recent inflationary pressures. - Gillig has requested an additional $122,691 ($40,897 per bus), which is an 8.8% increase to the original cost. Gillig provided a detailed breakdown of the increases in cost  associated with each material, part, or component to demonstrate the basis for the additional cost. - This percentage increase is less than the Producer Price Index for Transportation Equipment - Truck and Bus Bodies, which was up 12.7% as of May 2022 over May 2021. - The index is produced by the Bureau of Labor and Statistics, Department of Labor. - The original purchase was to be funded through two grant sources, including funds received from the MPO in 2018 for bus purchases, and 5339 funds from FTA. - The required matching funds of 20% for each grant were programmed in the City’s adopted Capital Improvement Program. - Staff proposes to use Fiscal Year (FY) 2023 capital funds allocated for bus expenses to be used for the added match. - The buses are expected to be delivered by the end of calendar year 2022.  Committee(s): - N/A Pro(s): - Purchasing new buses annually is necessary to maintain the ART fleet in a state-of-good repair and allows the City to continue to provide transit service. - Existing grant funds are available to cover 80% of the increase in cost. Con(s): - The City must pay for 20% of the increased cost, which is the required match. - The grant funds that will be used will no longer be available for future purchases. Fiscal Impact: - Additional $122,691 required from the City for the purchase of three (3) Gillig Diesel buses ordered in January 2022. - There is additional funding within the existing grants that can be used to cover the cost increase, however the required 20% matching funds from the City will need to be increased by $24,538. - Staff proposes to use FY 2023 capital funds allocated for bus replacement as the match, potentially limiting future investment in the ART fleet.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-08-23","mt":"regular","id":"II-E","ref":"RES 22-177","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with IPS Group Inc.","desc":"Background: - In February 2017, the City of Asheville issued a request for proposals for parking meters and associated monthly service fees. - A contract was awarded to IPS Group, Inc. in September 2017. - The original contract was issued for $900,000.00. - This amount was based on the estimated total number of parking meters to be purchased over the life of the contract, and the estimated associated monthly service fees. - The contract can be renewed for a final period (July 1, 2022 - June 30, 2023). - The Contractor has agreed to provide services during the negotiations for the final renewal. - The increase in contract value reflects the increase in material and service costs for items covered under the contract since its inception.  Committee(s): - None Pro(s): - Allows the City to continue to utilize parking meters provided by IPS Group, Inc. Con(s): - If the suggested action is not taken, the City risks an interruption in service with current parking meters. Fiscal Impact: - The funds required to execute the requested contract renewal are included in the Parking Services Enterprise Fund Operating Budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-08-23","mt":"regular","id":"II-F","ref":"RES 22-178","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Green Built Alliance","desc":"Background: - On January 28, 2020 City Council authorized Resolution 20-18 and created the Blue Horizons Community Council to achieve the community-wide renewable energy goal. - On January 28, 2020 City Council approved Resolution 20-19 and authorized an interlocal agreement with Buncombe County to issue a joint request for proposals (RFP) to implement and manage the Blue Horizons Project and Blue Horizons Project Community Council for the next three years, depending on availability of funding. - This will be the third year of the three-year period before reissuing an RFP for this work. - The RFP was advertised by Buncombe County on May 6, 2020, and the County received responses on June 12, 2020. - The County received one response from the Green Built Alliance. - The City and County contracted with Green Built Alliance in fiscal year 2021 and 2022 to implement the Blue Horizons Project but are required to renew annually based on budget availability. - This contract is for fiscal year 2023. - The Blue Horizons Project will continue to engage our community to provide cost effective services, programs and products they value through investment in clean renewable ways to power Buncombe County and the City of Asheville to support the community-wide renewable energy goal and climate emergency resolution. - In 2022 Green Built Alliance was awarded $250,000 from City of Asheville ARPA funds to support energy efficiency upgrades in low income housing. - While the ARPA funded project supports the community-wide renewable energy goal and climate emergency resolution, it will be administered through a separate contract. Vendor Outreach Efforts: - The Business Inclusion Manager conducted outreach through social media, community and business partners. City and County staff also conducted an optional virtual Q&A meeting. - No MWBE firms submitted bids.  Committee(s): - None Pro(s): - The Green Built Alliance has been managing and implementing the Blue Horizons Project for the past four years therefore there will be continuity with the continued program management. - Buncombe County is providing $100,000 for the implementation of the Blue Horizons Project in partnership with the City of Asheville. Con(s): - None Fiscal Impact: - The contract will total $100,000 from the FY23 Office of Sustainability budget. - Funding is already budgeted and available.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-08-23","mt":"regular","id":"II-G","ref":"RES 22-179","it":"resolution","t":"Resolution authorizing the sale of one 2011 Xpeditor garbage truck which is beyond its useful life","desc":"Background: - The City’s Sanitation Division of the Public Works Department identified one (1) garbage truck as surplus personal property, with no anticipation of future utilization by the City. - The 2011 Autocar Xpeditor Garbage Truck is expected to sell for more than $30,000. - All bids are solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale. Vendor Outreach Efforts: - Not Applicable  Committee(s): - None Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price Con(s): - None Fiscal Impact: - The garbage truck is fully depreciated and the General Fund will recognize the entire amount as revenue. An estimate of the annual revenue from the sale of fixed assets is already included in the Adopted General Fund Budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-08-23","mt":"regular","id":"II-H","ref":"ORD 4962","it":"ordinance","t":"Budget amendment to allocate insurance recovery funds to reimburse expenses to repair","desc":"Background: - On April 27, 2020, a third party damaged a North Fork Water Treatment Plant structure. - The City pursued subrogation for the damage against the at-fault party’s insurance carrier seeking reimbursement for the property damage and received $150,000 in consideration for the property damage. - The City seeks to allocate the recovered insurance funds to reimburse the Water Resources Department for contracted services expenses paid to repair the damaged property. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - Reimburse the Water Resources Department for expenses incurred to repair a structure damaged by a third party. Con(s): None. Fiscal Impact: - Revenue will be received in the Property & Liability Fund and transferred to the Water Resources Operating Fund, which necessitates a budget amendment in both funds.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-08-23","mt":"regular","id":"II-I","ref":"ORD 4963","it":"ordinance","t":"Budget amendment to establish a budget for the Asheville Police Department's state and federal forfeiture funds","desc":"Requested: Adoption of a budget amendment in the amount of $419,214.47 in the Special Revenue Fund to establish an expenditure budget for funds already received by the City. Background: - The Asset Forfeiture Program is an equitable sharing program which divides the illegal proceeds from criminal activities between the state and federal governments and local law enforcement agencies. - It is designed to help off-set the considerable cost of drug enforcement, and other applicable joint investigations by allowing local law enforcement agencies to use seized monies for equipment, training, and improvements that might not necessarily be budgeted for by the agency. - Shared funds must be used to increase or supplement the resources of the receiving state or local law enforcement agency. - Shared funds shall not be used to replace or supplant the appropriated resources of the recipient. - The recipient agency must benefit directly from the sharing and the shared funds must increase the entire law enforcement budget. - Permissible uses of Forfeiture funds include law enforcement operations and investigations, law enforcement training and education, law enforcement equipment and law enforcement travel. - Impermissible uses include endowments or scholarships, personal or political use of funds, salaries, bonus, transfers to or purchases for other law enforcement agencies. - The Police Department has $419,214.47 in shared asset forfeiture funding which has been collected but not added to the budget for use. - This proposed budget amendment would authorize the use of this funding for a new DNA Analyzer system, replacing an end of life bomb robot, and advanced Forensic training for four Forensic Technicians. - None of these were budgeted in the Police Department’s Fiscal Year (FY) 2023 Operating Budget. - These are costly items that will help ensure the safety of the community without having a direct impact on taxpayer money. - The funds are the result of State and Federal seizures received since 2019. - In order to spend the funds that have been received, a budget amendment is required in the City’s Special Revenue Fund.  Committee(s): - Public Safety Committee - August 23, 2022  Pro(s): - Provides expenditure authorization for funding that has already been received by the Asheville Police Department (APD). Con(s): - None. Fiscal Impact: - Accepting and allocating these State and Federal Forfeiture Funds is a financial benefit to the City and the Police Department by allowing it to be better equipped and providing additional safety measures to protect the public. - There is no impact to the General Fund Police Department budget. Vice-Mayor Smith felt that while we can’t direct the Asheville Police Department on how we spend these funds, there should be a community vision around the spending. In response to Mayor Manheimer, City Attorney Branham said that the Department of Justice Manual prescribes that the criminal prosecution should conclude before seeking a judicial order for the forfeiture of those funds. Mayor Manheimer said that the funds for third party organizations can be allocated, but with a cap of $25,000, and they cannot be used for internal agency salaries. The potential uses for these funds are very narrow. City Council only has the authority to accept the recommendations of the Police Department on what these funds should be used for. Councilwoman Roney said that the ACLU has warned in general around asset seizure, cautioning against policing for profit which risks integrity and trust as it becomes the burden of residents to challenge asset seizure even before they are found guilty. Asheville’s own participation in missing evidence room items during Ron Moore’s tenure is not forgotten. This is a lot of cash, and we need to know where it came from and how it will help us reach goals. These resources were extracted in part from neighborhoods most impacted by the failed War on Drugs, and it’s our responsibility to ensure equitable services that return those resources from the neighborhoods they were extracted from. We have limited staff and deep needs in addressing root causes of violent crime. She is supportive of training, and in fact asked if more of these resources might support training to address youth mentorship and violence interrupter programming, and her ask remains to return this discussion to the Public Safety Committee next month with more information. If this goes to vote at this time, she is of the opinion that not enough information on demographics impacted by asset seizure has been made available or will be used, so she will not support asset seizure as a matter of principle.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Wisler","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":1,"mr":"contested vote","sq":12},{"d":"2022-08-23","mt":"regular","id":"II-J","ref":"RES 22-180","it":"resolution","t":"Resolution authorizing the City Manager to execute a one-year contract extension","desc":"Background: - This contract has been in place since August 11, 2017, for the service & maintenance of the Chiller unit at the Harrah’s Cherokee Center. - The contract is a service contract. - Daikin Applied Americas, Inc. performs preventative maintenance for the chiller. - The contract includes 40 hours of repair service time to cover any emergency repairs. - The City is responsible for parts. - City Council approved a one year extension in 2021, revising the total contract amount to a total of $128,634.00. Vendor Outreach Efforts: - When initially contracted, staff performed an informal bidding process which included outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for services. - No MWBE service providers responded.  Committee(s): - None Pro(s): - Reduced energy consumption with well maintained equipment with intelligent controls. - Immediate, contractual service response for potential outage repairs that are not in the skill set of current facility staff. Con(s): - None. Fiscal Impact: - Funds are budgeted within the Harrah’s Cherokee Center’s contracted services account ($26,772).","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-08-23","mt":"regular","id":"II-K","ref":"RES 22-181","it":"resolution","t":"Resolution authorizing the City Manager to execute a licensing and management/operations agreement","desc":"Background: - The City of Asheville assumed ownership of the Golf Course in 2006. - In 2012 the City leased the property to Pope Golf LLC for a total term of 10 years. - This lease expires on September 30, 2022. - Throughout the duration of the Pope Golf lease, the course has steadily degraded to a point that operators are not interested in leasing the property without a significant renovation commitment from the City. - In February of 2022 an RFQ was issued, in total twelve companies submitted responses for varying types of operations agreements. - A license & management agreement provides the City with the ability to dictate maintenance levels for the course and retain control of maximum allowable green fee and passholder rates. - A license & management agreement requires the City to assume some financial risk related to the annual operation of the Course. - The agreement with Commonwealth Golf Partners II Asheville, LLC. (CGP) shares financial risk/reward with the private operator. - In the case of a quarterly loss, the City will be responsible for 65% of losses, CGP responsible for 35%. - In the case of a quarterly profit CGP will earn 100% of the first $5,000 and then 55% of remaining earnings, City earning 45% of all earnings after the first $5,000. - CGP will manage & execute capital projects at the course on behalf of the City, charging a 4% management fee on capital projects exceeding $25,000. - CGP will receive commission incentives based on confirmed hotel room nights with new business tournaments and events. - A new Facility Management Fee of $1 will be assessed to all ‘non-annual passholder’ green fees. - This fee (after taxes) will be directly deposited into a capital account for future capital projects at the course. - It is anticipated that this fee should generate approximately $29,000 per annum. Vendor Outreach Efforts: - A request for qualifications was issued in February of 2022.  Committee(s): - NA Pro(s): - Allows the City to dictate maximum allowable rates & maintenance levels - Provides a reliable funding stream into a dedicated golf course capital account - Set the standards of operation to assure quality maintenance practices to meet community expectations - Sets requirements to continue and grow youth on course programs - Requires the CGP to act as project manager for planned capital improvements, freeing time for City Capital Projects staff to work on other projects Con(s): - Places the City in a ‘risk position’ financially with the annual operating budget. - Anticipation that partial/periodic closures to the course over the next 24 months will necessitate an operating subsidy in the first two fiscal years. Fiscal Impact: - A budget amendment will be required to provide start-up funding to the licensee (currently estimated at $75,000) and budget for related revenues and expenses through the end of the current fiscal year. - Staff anticipates returning to Council at the second meeting in September for consideration of the budget amendment once estimates are finalized. - A fund balance appropriation will likely be required to offset a portion of the start-up and operating costs in the current fiscal year. - The agreement minimizes financial risk of annual operation on the City of Asheville by sharing any operating losses with the licensee. - It is anticipated that the course may require an operating subsidy in the first two fiscal years due to revenue loss associated with periodic closures required to complete capital projects.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-08-23","mt":"regular","id":"II-L","ref":"RES 22-182","it":"resolution","t":"Resolution authorizing the City Manager to renew the contract with the Asheville City Schools","desc":"Background: - The CAYLA program implements the City Council 2036 Vision in that it increases access to education and workforce development opportunities for students from low-wealth families, in addition to addressing the achievement gap in Asheville City Schools. - Buncombe County is a partner in this program and funds $65,000 to the program each year. - The CAYLA program typically enrolls 30-35 students each year; this year there are 38 students. - There are a mix of sophomores and juniors accepted into the program. - Students enter the program at those particular ages so the program director can assist with the college application process during their senior year. - As part of the program, a scholarship fund was established where each student that graduates receives a $2,000 scholarship paid directly to their college. - The Asheville City Schools (ACS) Foundation has administered the CAYLA scholarship fund since 2008, which was the inaugural class of senior CAYLA graduates. - The existing Memorandum of Understanding (MOU) between the City and ACS Foundation was last renewed in 2017 for a period of five years. - The MOU has now expired and staff is seeking a renewal of the agreement for an additional five year period. - The terms of the agreement include a 3% administration fee from ACS Foundation; the  City provides documentation of the graduating CAYLA student and scholarship information for each student (including information regarding college to be paid); ACS Foundation is responsible paying the $2000 to the colleges for the CAYLA Students and for the appropriate financial reporting to the IRS; ACS maintains bonding in the amount of $50,000; the services agreement includes other terms as required by the City’s legal and risk department. The total contract amount annually for this agreement is $50,000 plus a 3% administrative fee for a total of $51,500. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Provides an efficient process for distributing CAYLA scholarships directly to the colleges at which CAYLA graduates are enrolled. - Clearly outlines the contractual relationship between the City of Asheville and the Asheville City Schools Foundation. Con(s): - None noted Fiscal Impact: - The actual cost of scholarships fluctuates year-to-year based on the number of graduating students. - ACS Foundation charges a 3% service fee to support their administrative costs. The total contract amount annually for this agreement is $50,000 plus a 3% administrative fee for a total of $51,500. - The budget for the CAYLA program totals approximately $250,000 annually, including Buncombe County’s $65,000 contribution which partially offsets the cost of the scholarship program.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-08-23","mt":"regular","id":"II-M","ref":"RES 22-183","it":"resolution","t":"Resolution amending the 2022 City Council meeting schedule to reschedule the Tuesday meeting","desc":"Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2022-08-23","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to rezone 645 Brevard Road from RS-8 - continued to September 13, 2022","desc":"At the request of the applicant,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"continuance","sq":13},{"d":"2022-08-23","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to rezone 651 Brevard Road from RS-8 - continued to September 13, 2022","desc":"At the request of the applicant,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"continuance","sq":14},{"d":"2022-08-23","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope: A Southside Neighborhood Vision Plan - continued to October 11, 2022","desc":"At the request of the applicant,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"continuance","sq":15},{"d":"2022-08-23","mt":"regular","id":"VI-A","ref":"RES 22-184","it":"resolution","t":"Resolution approving a purchase and sale agreement (Laurel Street Residential / Biltmore)","desc":"Director of Community & Economic Development Nikki Reid, along with Affordable Housing Officer Sasha Vrtunski, said that this is the consideration of a resolution approving a Purchase and Sales Agreement with Laurel Street Residential for the development of mixed income and affordable housing at 319 Biltmore Background: - As part of the affordable housing bond initiative, the City embarked on the development of City-owned land for affordable housing. - To assist with this process, the City hired Lord Aeck Sargent (LAS) to conduct a site suitability assessment for City-owned properties. - LAS presented their final report to the City Council in December of 2018. - That study recommended that the 319 Biltmore site include housing for a mix of incomes. - Because the 319 Biltmore site adjoins Maple Crest Apartments, the goal has always been to develop multifamily units that will complement the income mix at Maple Crest Apartments. - The apartments at Maple Crest are a Rental Assistance Demonstration conversion of the former Lee Walker Heights, serving a mix of incomes, all under 60% Area Median Income (AMI). - In winter 2020, the City released a request for proposals (RFP) for development of the 319 Biltmore property. - Nine proposals were received and Homes Urban was selected as the top ranked firm. - Following the scoring process, the City initiated negotiations with Homes Urban. - In February 2022, Homes Urban withdrew their proposal. - The City then approached Laurel Street Residential (LSR), which was the second ranked firm. - The City signed a Letter of Intent with LSR on February 21, 2022, and began negotiating terms of an agreement. - Staff is seeking approval of a resolution in support of the proposed deal points for a Purchase and Sales Agreement with LSR. - The proposed Purchase and Sales Agreement will contractually bind the City to sell the property to LSR on certain terms and conditions listed below, namely for the production of the promised affordable units in exchange for conveying the property at below market value ($1). - Since the beginning of the 319 Biltmore project, market conditions have changed substantially. - Construction costs have increased 30-40% over the past three years, and interest rates have also risen. - LSR initially thought that they would need a Housing Trust Fund loan and a Land Use Incentive Grant, but re-worked their model to reduce the per unit subsidy and now are asking for only the land as the subsidy for the affordable units. Proposal - Laurel Street Residential (LSR) and City staff have negotiated terms of a Purchase and Sales Agreement, to include multifamily rental housing comprising: - At least 215 rental units, with 20% (43 units) being affordable at 60% AMI or below for a period of 30 years. - Half of the 60% AMI affordable units will accept vouchers - either project based or Housing Choice vouchers. - The developer is pursuing project based vouchers with the Housing Authority, which helps with the project underwriting. - Another 10% (22 units) will be affordable at 80% AMI or below - The project will have a mix of one, two, and three bedrooms in all income brackets. - LSR is committing to a 30 year affordability period. - The affordability mix includes: Incomes Served Studio / 1 bedroom 2 bedrooms 3 bedrooms Totals 60% AMI & below 22 (11 accept vouchers) 15 (7 accept vouchers) 6 (4 accept vouchers) 43 80% AMI & below 7 9 6 22 Market rate 102 38 10 150 Total 131 62 22 215 - Total number of bedrooms in the proposed development is approximately 321. - Laurel Street Residential, the proposed development company, is among the very few black and female owned for profit development companies in North Carolina. - The company has an additional Minority / Women-owned Business (MWB) participation of 30% in the development and construction of the project. - Commercial space of approximately 1,000 s.f. - Construction to be completed within 24 months of closing on financing. - Land conveyed to LSR for $1, in consideration of the affordability with accompanying deed restrictions. - In addition to the development of units and buildings, the sale of the land to LSR is contingent on several benchmarks being met: - Approval of the Conditional Zoning (CZ) application giving entitlement to the development. - The City to fund the construction of a traffic signal at White Fawn Drive. - Once the Purchase and Sales Agreement is final, LSR will begin their site planning process, working towards a Technical Review Committee submittal and CZ approval process. This will include community input into the design of the project. - After the CZ is approved, the City and LSR will enter into a development agreement based on the terms approved by City Council and the Conditional Zoning conditions. - The actual sale of the land will occur after all approvals have been obtained and construction is ready to begin. - With the City’s initial land purchase price, the proposed per unit subsidy is currently estimated to be approximately $81,500 per affordable unit. - This total is reflective of the City being the sole partner in subsidizing the affordability.  Committee(s): - Housing & Community Development (HCD) - July 19, 2022 - procedural discussion; and - HCD - August 16, 2022 - recommended approval 3-0. Fiscal Impact: - Approval of a Purchase and Sales Agreement will obligate the City to sell the land to LSR for the purchase prices of $1. - The City purchased the land from Duke Progress for $5.3 million in 2020 with bond funding and spent an additional $400,000 in bond funding to prepare the site for development. - The proposed agreement will also obligate the City to complete the traffic signal at the intersection of White Fawn Drive, John Walker Avenue, and Biltmore Avenue. - A large portion of the funding for the signal has already been identified and has been committed by a grant. - The City expects to allocate additional infrastructure bond funding of at least $400,000 to complete the signal. Pros: - The proposal complies with policy for implementing affordable housing on city owned land. - The project will have a minimum of 20% of units affordable at 60% AMI for 30 years and accept vouchers for half of those units. - The developer is also providing an additional 22 units at 80% AMI for 30 years. - As for additional community benefits, the developer is providing low-cost space to a non-profit or community development organization and has committed to 30% MWBE participation in the project’s construction. - The City accomplishes the goal for this site of creating a mixed income community that complements and supports the Maple Crest (formerly Lee Walker Heights) public housing community. - The City will gain approximately 65 new affordable housing units for a period of 30 years. - The approval of the proposal will allow the developer to move forward with design and conditional zoning application for the property. - Utilizes City-owned land to produce affordable housing in a public/private partnership with a for-profit developer. Cons: - The total number of units is less than what was initially set forth in the City’s vision process, due to the site constraints and increased construction costs. Staff Recommendation: - Staff recommends approval of the Purchase and Sales Agreement based on the following: - Staff supports the development in concept, however the per unit cost is comparatively high. - The project will result in a mixed-income development adjacent to Lee Walker Heights, which aligns with the initial vision for the property. - Complies with Policies for Implementing Affordable Housing on City-owned Land. - Develops 215 total units in a highly sought after location, with 65 of those units being affordable. - Provides affordability across 1, 2 and 3 bedroom units, allowing opportunities for families. Ms. Reid said that (1) this is a mixed income project that will deliver 215 units, with 65 affordable units - affordability is spread across 1, 2 and 3 bedroom units; (2) Laurel Street is proposing the following terms and financing (a) land purchase price of $1; (b) 30 years of affordability; and (c) City to fund the construction of a traffic signal at White Fawn Drive/John Walker Avenue; and (3) staff recommends approval. Regarding the background, (1) the original Request for Proposals was issued based on the proposed development of a mixed income and affordable community to complement Maple Crest Apartments; (2) the Proposed Purchase and  Sales Agreement with Laurel Street Residential is the next step in developing the property; (3) Laurel Street Residential has continued to refine the project, including additional units and parking spaces; and (4) the Housing & Community Development Committee voted 3-0 in favor of approval of the agreement on August 16, 2022. A background of City investments at 319 Biltmore include (1) property acquisition - $5.3 Million of Bond funds in January 2020; (2) demolition of building, environmental site remediation, and infrastructure investments - $400,000 of Bond funds; and (3) future investments include a traffic signal at the intersection of White Fawn Drive, John Walker Avenue, and Biltmore Avenue - the total investment to be determined after traffic study, current estimate is $400,000. The City invested $4.2 Million in the construction of Maple Crest at Lee Walker Heights. Ms. Vrtunski said the proposal is approximately 215 units - 20% @ 60% AMI, approximately 43 units, half accept Housing Choice Vouchers; and 10% @ 80% AMI, approximately 22 units. The unit mix would be 1, 2 and 3 bedrooms. In the proposed purchase and sales agreement (1) number of units is approximately 215 minimum - - 20% @ 60% AMI, approximately 43 units, half accept Housing Choice Vouchers; and 10% @ 80% AMI, approximately 22 units; (2) the real estate and financial terms (a) 30 years affordability minimum, deed restriction; and (b) land price at $1, as subsidy for affordable housing; and (3) other conditions (a) construction to be completed within 24 months of closing on financing; (b) inclusion / MWB participation - 30% goal; and (c) commercial space: 1,000 square feet non-profit / community development. The policy analysis is (1) policies for implementing affordable housing on City-owned land - project proposal complies with policies. Minimum of 20% of units affordable at 60% AMI for 20 years with a strong preference for 30 years; and (2) other considerations (a) City’s major source of subsidy is the land purchase cost of $5.3 Million; (b) cost of per unit subsidy is higher due to the land price ($81,500/unit); and (c) land acquisition and infrastructure investments benefitted Lee Walker Heights’ connection to Biltmore Avenue and overall site development. The Housing & Community Development Committee received the project at both their July and August meetings. The Committee voted 3-0 to recommend approval of the project on August 16, 2022. The staff recommends approval based on the following (1) staff supports the development proposal; (2) mixed income development adjacent to Lee Walker Heights aligns with initial vision for property; (3) complies with Policies for Implementing Affordable Housing on City-owned Land; (4) develops 215 total units in an prime location, with 65 of those units being affordable; and (5) provides affordability across 1, 2 and 3 bedroom units, allowing opportunities for families. Mr. Ronn Stewart, Senior Vice-President of Laurel Street, said that this project complements the Maple Crest Apartments. He reviewed the current market conditions; the development program; the unit and income mix; the development budget; and the milestone schedule - with the 4th quarter of 2023 being closing/construction commencement and 4th quarter of 2025 construction completion. The development program consists of approximately 215 units - Unit Mix: 1-, 2- and 3-bedrooms units; Project Amenity Spaces; Onsite Leasing; Residents Lounge; Fitness Center’ Mail/Package Room; Business/Computer Center; Outdoor Green Space/Seating; Onsite parking; Commercial Space; Approximately 1,000 gross square feet; Leased at or below-market rents to non-profit/community group; and parking structure in combination with on-site surface parking sufficient to reasonably accommodate the Project. Regarding the Project Financing Plan, (1) financing consists of conventional debt and private equity; (2) leverages city-owned land by committing 10% of all units to households at 80% AMI, 20% of all units to households at 60% AMI and accepting Housing Choice Vouchers; and (3) 30-year deed restriction on all affordable units. In response to Councilwoman Kilgore, Mr. Stewart said that once they get the full design of the project, they will take a multi-prong approach on the commercial tenant, like a convenience store.  Mayor Manheimer noted that this action is about the sale of the property. The developer will come back to City Council for their conditional zoning request, with hopefully the flexibility for other options, i.e. additional units and more commercial space. Mr. Stewart noted that they are not asking for a Housing Trust Fund loan or a Land Use Incentive Grant. Their goal is to keep this project simple and be a success so that other projects might follow. In response to Councilwoman Roney, Mr. Stewart said that they are not that far along into the design of the project regarding a renewable energy plan; however, an electric vehicle charging station is standard, and everything from construction to design is aligned with green building. When Vice-Mayor Smith asked what is the developer’s plan to create a sense of community with Maple Crest Apartments, Mr. Stewart said that there are only conceptual plans at this time, but they will not create barriers and will survey the Maple Crest community about their thoughts. Councilwoman Mosley was pleased that this is the first time in Asheville that the City will partner with a majority African American development firm. Three individuals spoke in support of the agreement with Laurel Street. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2022-08-23","mt":"regular","id":"VI-B","ref":"RES 22-185","it":"resolution","t":"Resolution approving a Housing Trust Fund request by Mountain Housing Opportunities","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a resolution to authorize an $850,000 Housing Trust Fund (HTF) loan to Mountain Housing Opportunities (MHO) with 0% interest and deferred for a period of 40 years and secured with a deed of trust, for the purpose of purchasing the land for affordable housing at 16 Restaurant Court. Background: - MHO is pursuing a Low Income Housing Tax Credit development project for property located at 16 Restaurant Court. - The project will build 50-60 new affordable rental apartments in close proximity to Tunnel Road, with convenient access to jobs, transit, grocery stores, and other retail. - The project site is 1.31 acres. - The proposed development includes a mix of 1 and 2 bedrooms and will have an affordability mix for households at or below 60% Area Median Income (AMI) with a number of units at 50%, 40% and 30% AMI or below. - Affordability period will be at least 40 years, but the developer generally intends for the project to be affordable for the life of the buildings. - Project will also have 20% of the units (10-12) reserved for young adults aging out of foster care. - Researchers have found that between 31% and 46% of youth exiting foster care experience homelessness by age 26 (National Alliance to End Homelessness). - MHO is going to apply for Foster Youth to Independence vouchers to assist with the housing for those aging out of foster care. - Additionally, the developer plans to have Project Based Vouchers from the Housing Authority for the City of Asheville (HACA) for the remainder of the units that will support overall operating costs and reserves for the project. - Environmental review will take place in fall 2022 (Sept - Oct) before the loan closing. - MHO anticipates that construction will be completed and the property will open in summer 2025. - The total estimated project cost is $11.1 million, ranging from $187,000 to $224,000 per unit depending on the final number of units. - MHO has requested $850,000 from the Housing Trust Fund (HTF) to purchase the property with 0% interest and deferred for a period of 40 years and secured with a deed of trust. - While not a part of the regular review process, the Affordable Housing Advisory Committee (AHAC) discussed the proposal at their August 4 meeting and voted to recommend that City Council support the request. - After purchasing the property, MHO intends to pursue funding from the following sources for the development (note that the total City request is equivalent to the total future requests of Buncombe County and Dogwood Health Trust): Funding Source Amount City of Asheville HTF (current request) $850,000 (reduced from $950,000) City of Asheville HTF (potential future request) $661,100 Buncombe County $1,511,100 Dogwood Health Trust $1,511,100 Bank loan $3,100,000 Equity $3,528,000 ESTIMATED TOTAL $11,161,300 Proposal - MHO has requested $850,000 from the Housing Trust Fund (HTF) to purchase the property. - The request is to have the funding structured as a deferred loan to MHO with 0% interest for 40 years. - The loan will be due and repaid at the end of the 40 years. - For land acquisition, the City uses three tools to secure the affordable housing investment: - (1) Deed restrictions for affordable housing that carry with the land to protect funds; - (2) Deed of trust in first position until construction, that sets forth the terms of repayment; and - (3) a funding agreement that states if construction does not commence within three years of the property purchase, the city will recoup its investment either through loan repayment or other legal redress pursuant to the Deed of Trust. . - This City retains sole discretion regarding legal remedies. - If tax credits are approved for the project within the three (3) year time period, this deadline can be extended up to 2 more years. - Previously, the City approved $1 million in HTF funding for an affordable housing project at this location by another developer. - The development did not occur, and the City has not spent any funds at this site. - This previous funding approval would need to be rescinded as a condition of closing on the HTF Loan to MHO.  Committee(s): - Housing and Community Development Committee (HCD) - July 19, 2022 - procedural discussion - HCD - August 16, 2022 - recommended approval 2-1 Pro(s): - This funding will support the purchase of 1.3 acres for the construction of 50-60 new affordable apartments, with approximately 20% of those units reserved for youth aging out of foster care. - This is a vulnerable population at risk of becoming homeless after leaving the foster care system. - The affordability period will be 40 years, and the developer has the intention of keeping the units affordable for the life of the building. - The subsidy per unit in this request is $17,000 per unit, which is a good value given the incomes served by the development. - This redevelopment aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental housing affordable to 60% AMI and below. - The Consolidated Plan is a U.S. Department of Housing and Urban Development required planning document that is updated every five years. - The development is located in a corridor with access to both jobs and amenities. - The $850,000 loan will be secured with a Deed of Trust, and if the project is not built, the City will be paid back by the sale of the parcel. Con(s): - The request does not fall easily into the Housing Trust Fund Policy. - The upfront City investment (before other funding commitments are secured) and the delayed repayment are the two main issues of non-compliance. The upfront investment is perhaps the largest risk, but will be secured with a Deed of Trust. Fiscal Impact: - The project would require $850,000 from the City’s HTF to be distributed in Fall 2022. - MHO has expressed their intention to apply for additional Housing Trust Funds for construction in the amount of $661,100. Staff Recommendation: - Staff recommends approval based on the following: - The policy gives room for negotiation on repayment when extremely low income households are being served. - The provision of 10-12 units for youth coming out of foster care, who are vulnerable to becoming homeless. - Staff also recommends having the affordability period match the loan term at 40 years and MHO has agreed to this term. - Staff also recommends having a clause in the Loan Agreement that gives MHO three to five years from the purchase of the property to begin construction, or else MHO will be required to repay the loan and/or the city may seek other legal redress pursuant to the Deed of Trust. - MHO has committed to securing investments from Buncombe County and Dogwood Health Trust before returning to the City for any additional funding requests. Ms. Vrtunski said that (1) MHO is requesting an $850,000 Housing Trust Fund Loan for an affordable housing project at 16 Restaurant Court - the requested loan includes 0% interest and deferred for a period of 40 years, secured with a Deed of Trust; (2) Project is for 50-60 units, all affordable at 60% AMI and below, 10-12 units (20%) would be reserved for young adults aging out of foster care; (3) Proposed City funding is for site acquisition ($850,000); (4) MHO’s pro forma indicates they may request an additional $661,100 from the City for the project at a later date, plus funding requests of other partners, bank financing, and tax credit equity - this would exceed the current policy limit of $1 million; and (5) Staff recommends approval by City Council. The site has a previously approved Housing Trust Fund loan of $1 Million with a different developer. The development did not occur and the City has not spent the funds. This previous funding approval would need to be rescinded as a condition of closing on a future Housing Trust Fund loan. The proposal is that MHO will build 50-60 new affordable rental apartments close to Tunnel Road, where there is access to jobs, transit, grocery stores, and other retail. The site is 1.31 acres. The units will be a mix of 1 and 2 bedrooms and will have an affordability mix for households at or below 60% AMI with a number of units at 50%, 40% and 30% AMI or below. The affordability period will be at least 40 years to match the term of the loan. The project will also have 20% of the units (10-12) reserved for young adults aging out of foster care. Between 31% and 46% of youth exiting foster care experience homelessness by age 26 (National Alliance to End Homelessness). She then showed a chart of the income and bedroom mix. Regarding the request, MHO is requesting $850,000 to purchase the site. The City’s investment would be secured by a Deed of Trust. The loan will be due at the end of 40 years. She then explained the funding MHO intends to seek. An analysis of the Housing Trust Fund policy resulted in (1) project is in an optimal location near Tunnel Road where there are jobs, amenities, and transit; (2) land acquisition is an eligible expense per the policy; (3) under the current proposal for $850,000, the subsidy per unit is $17,000 (a) the application indicates that MHO will come back for an additional $661,000, totalling $1,511,000 which is over the $1 Million policy threshold; (b) under the total request, the requested HtF subsidy will be $30,222 per unit; and (c) this is a reasonable per unit request, given the advantageous location and the mix of affordability at 60% AMI and below; (4) the policy is clear that some form of payback is required. At the same time, under Special Terms, the policy states: “It is expected that all borrowers will make regular payments on Housing Trust Fund loans. Waiver of any payment during the loan term will be considered only if extremely low households are being served by the project, and the project could not be developed without that concession.”; (5) MHO has stated that this is true for this project; (6) over the past 20 years, the vast majority of loans in the HTF have payments of either interest or principal; and (7) the HTF policy requires that other funding commitments be secured before closing - MHO will not be able to fulfill this requirement as they want to close on the property in October of 2022 and the Buncombe County funding cycle is not until December of 2022. Staff recommends approval based on the following (1) the policy gives room for negotiation on repayment when extremely low income households are being served; (2) the project includes 10-12 units for youth aging out of  foster care, a population that is vulnerable to becoming homeless; (3) the affordability period will match the loan term ta 40 years; (4) commitment from MHO to secure investments from Buncombe County and Dogwood Health Trust before returning to the City for any additional funding requests; and (5) staff will review the HTF policy, benchmarking against other N.C. cities, incorporating lessons learned from recent applications, and provide recommended policy revisions to HCD. In response to Councilwoman Kilgore, City Attorney Branham said that the resolution has been amended to read: “WHEREAS, if the project does not commence construction within (3) three years of the property purchase, MHO will be required to sell the property and the City shall be entitled to the full proceeds of the sale, even if in excess of the loan amount, less any value attributable to improvements made by MHO as well as due diligence costs expended by MHO in an amount not to exceed $100,000. If the property is not sold, or if the proceeds from the sale are not enough to repay the loan, the city may seek any other legal remedies pursuant to the Deed of Trust in order to ensure repayment. If tax credits are approved for the project within the three (3) year time period, this deadline may be extended up to 2 more years.” He felt this change allows the City a great deal of protection. Ms. Vrtunski responded to Councilwoman Turner when she asked why this project is not good for a Land Use Incentive Grant. There was a brief discussion around streamlining the funding process so that it coincides with other partners so we are all on the same timeline. Mr. Geoffrey Barton, Director of Real Estate Development of MHO, spoke in support of the project and explained that they will be seeking other partnership funding. He said that it normally takes multiple times and multiple applications to complete the funding to build the project; however, he was confident that the site fits all the requirements of the potential funding partners. He said they will seek all other funding options before they ask the City for the final funding gap. He also reviewed the site plan, noting the mix of units and how the project aligns with the Tunnel Road Corridor Study. He felt this is a unique opportunity to build affordable housing for a vulnerable population. In response to Councilwoman Roney, Mr. Barton said that MHO has a deep commitment to renewable energy, noting that they will explore solar at this site. He committed to explore more renewable energy options. In response to Councilwoman Roney, Mr. Barton said that part of their exploration process is to identify community partners for support services and their space needs so they can build it into the design of the facility. They have maintenance agreements with property management companies and are committed to maintaining the properties long-term. Nina Tovish spoke in support of the project, especially with the revised language regarding the City’s protection if the project is not constructed. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2022-08-23","mt":"regular","id":"VI-C-1","ref":"RES 22-186","it":"appointment","t":"Resolution reappointing Andy Barnett and Tara Irby to the Affordable Housing Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Affordable Housing Advisory Committee. The terms of Andy Barnett, Jo Ikelheimer, Margie Bukowski, Paul Heathman (bank/lender seat), Barbara Ann Philip and David Bartholomew will expire on September 1, 2022. In addition, Brandy Woodard (Housing Authority staff seat) has resigned, thus leaving an unexpired term until September 1, 2024. The following individuals applied for the vacancies: Andrew Garrard, Jessica Phelan, Doug Brown, Evan Quirk-Garvan, Nnweyna Smith, Joseph McGuire and Francina Edmonds. The Affordable Housing Advisory Committee recommended reappointing Andy Barnett, Margie Bukowski, Paul Heathman (banker/lender seat), Barbara Ann Philip and David Bartholomew; and appointing Nnweyna Smith. Housing Authority Executive Director David Nash recommended appointing Tara Irby to the Housing Authority staff seat. The Boards & Commissions Committee concurred with the Affordable Housing Advisory Committee’s and Mr. Nash’s recommendations.","c":"Housing","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2022-08-23","mt":"regular","id":"VI-C-2","ref":"RES 22-192","it":"appointment","t":"Resolution appointing Elliott Smith as a regular member of the Board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a regular member to the Board of Adjustment. Pratik Bhakta resigned as a regular member of the Board of Adjustment, thus leaving an unexpired term until January 21, 2023. The following individual applied for the vacancy: Elliott Smith. The Boards & Commissions Committee recommended appointing Elliott Smith.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"no material signals","sq":19},{"d":"2022-08-23","mt":"regular","id":"VI-C-3","ref":"RES 22-187","it":"appointment","t":"Resolution reappointing Larry Crosby as a member of the Buncombe County board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority. The term of Larry Crosby (representing an owner or operator of a hotel, motel, bed and breakfast, or vacation rental management company with 100 rental units or less) expires on August 31, 2022. The following individual applied for the vacancy: Scott Kerchner. The Chair of the Buncombe County Tourism Development Authority recommended, and the Boards & Commissions Committee concur, to reappoint Larry Crosby.","c":"Economic Development","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":1,"mr":"policy category","sq":20},{"d":"2022-08-23","mt":"regular","id":"VI-C-4","ref":"RES 22-188","it":"appointment","t":"Resolution appointing Thomas McLaughlin as a member of the Design Review Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a regular member to the Design Review Committee. Ben Williamson resigned as a member of the Design Review Committee, thus leaving an unexpired term until January 1, 2024. On January 25, 2022, by Ordinance No. 4926, City Council  revised the membership terms so that all members serve three-year terms. In order to get this appointment in line, this seat will expire on December 31, 2025. The following individuals applied for the vacancy: Michael McDonough, Thomas P. McLaughlin, Adam Torrey, Laruen McKinney, Emily Richter and Marie Deisasi. The Design Review Committee Chair and the staff liaison recommends the appointment of Thomas McLaughlin or Maria Deisasi. The Boards & Commissions Committee recommended the appointment of Thomas McLaughlin.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"no material signals","sq":21},{"d":"2022-08-23","mt":"regular","id":"VI-C-5","ref":"RES 22-189","it":"appointment","t":"Resolution appointing Maria Deisasi as a member of the Historic Resources Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Historic Resources Commission. Georgene Falcon resigned as a member of the Historic Resources Commission, thus leaving an unexpired term until July 1, 2024. In addition the term of James Vaughn expired on July 1, 2022. The following individual applied for the vacancy: Maria Delsasi. The staff of the Historic Resources Commission recommend, and the Boards & Commissions Committee concur, to reappoint Maria Deisasi to serve the unexpired term of Georgene Falcon, term to expire July 1, 2024; and to re-advertise for the other vacant seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"no material signals","sq":22},{"d":"2022-08-23","mt":"regular","id":"VI-C-6","ref":"RES 22-190","it":"appointment","t":"Resolution appointing Rick Freeman as a member of the Homeless Initiative Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Homeless Initiative Advisory Committee. Randy Stoudt has resigned from the Homeless Initiative Advisory Committee, thus leaving an unexpired term until November 1, 2022. In addition, Jason Desai has resigned, thus leaving an unexpired term until November 1, 2023. The following individuals applied for the vacancy: Angelique Brickner, Emily Kirchmeyer, Louisa Shipnuck Jones, Barry Shoor, Sim Wilkes, Sydney Brodhead, Michael l. Fulbright, Jo Golson, Cheryl Antoncic, Kenny Hancock, Sherri M. Bagwell, William Snoddy, Jimmi Lang, Andrew Garrard, Josh Houde, Elena Mansour, William M. Hansen and Rick Freeman.  The Homeless Initiative Advisory Committee Nominating Committee recommended appointing Rick Freeman and Andrew Garrard. The Boards & Commissions Committee recommended appointing Rick Freeman and re-advertising for the other seat in the hope of getting applicants with some experience in some of the HUD sectors currently missing from membership.","c":"Housing","mo":"individual","mv":"Smith","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":1,"mr":"contested vote","sq":23},{"d":"2022-08-23","mt":"regular","id":"VI-C-7","ref":"RES 22-191","it":"appointment","t":"Resolution appointing Reb Hazlip as a member of the Noise Advisory Board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Noise Advisory Board. Charles Beck has resigned from the Noise Advisory Board (one of three city residents representing different geographic areas of the city (north or central), thus leaving an unexpired term until November 1, 2024. In addition, James Harwood has resigned (representing the restaurant industry), thus leaving an unexpired term until November 1, 2023. The following individuals applied for the vacancies: Jeffrey Fromson, Maria Burril, Larry Holt, Sharron Davis, Fletcher Maffett, Nancy Curtis, Eric Riffe, Lillian Woody, Selden Porter Haizlip, Michael Fulbright, Catherine Reed, Elliott Eichler, Elizabeth Whalen Tallent, Cade Justad-Sandberg, Tony Micocci and Mary Ann West. The Chair of the Noise Advisory Board recommended appointment of Lilianna Woody to represent the restaurant industry; however, City staff recommended readvertising in order to gather a wider pool of candidates. Regarding the north or central seat, staff recommends appointment of Maria C. Burril; however, the Chair recommends appointment of Reb Hazlip or Jeffrey Fromson. The Boards & Commissions Committee recommended appointment of Lilianna Woody to represent the restaurant industry and appointment of Reb Hazlip to the north or central seat.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1zVhTExmmmpnslip2-TA6kVCEt1Tw4qMl/view?usp=share_link","mat":0,"mr":"no material signals","sq":24},{"d":"2022-09-13","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held August 23, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-09-13","mt":"regular","id":"II-B","ref":"ORD 4964","it":"ordinance","t":"Ordinance amending Section 21-3-4 of the Code of Ordinances to remove potential conflict","desc":"Background: - The City’s water distribution system is governed by both general ordinances, contained within Chapter 21 of the City Code, and technical ordinances in the form of policy and design manuals, adopted by Council. - Staff have identified potential ambiguities that exist between the City’s general and technical water ordinances, and are bringing forward the proposed ordinance amendment to remove any potential ambiguities. - The proposed amendment will help clarify exactly what standards the public must adhere to when connecting to the City’s water system. - The proposed amendment will clarify that all connections to the City’s water system must comply with certain minimum safety standards, including through the installation of backflow prevention devices.  Committee(s): - None Pro(s): - Clarifies the requirements of the City’s ordinances as they relate to its water system. Con(s): - None. Fiscal Impact: - None.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-09-13","mt":"regular","id":"II-C","ref":"RES 22-193","it":"resolution","t":"Resolution to rename the Senior Opportunity Center at 36 Grove Street to Grove Street Community Center","desc":"Background: - Senior Opportunity Center opened in the 1970s as a community resource center specializing in recreational programming and outreach services for senior citizens, recognizing that older adults bring significant economic and civic assets to Asheville and challenging the then-prevalent perception that aging be associated with declining health, dependency, and irrelevance. - In the early years, Asheville Parks & Recreation staff and community organizations offered meals, arts and crafts classes, clubs for special interests and hobbies, cultural experiences, and more opportunities to stay active while aging. - Over the years, renovations and updates included a commercial kitchen, expanded craft room, ceramic kiln, greenhouse, drop-off driveway, and outdoor picnic seating. - Today, the community center remains a focal point for active older adults to connect with vital community services that help them stay healthy and independent, but offers much more, including meals and nutrition services; health, exercise, and wellness opportunities; social, cultural, and recreational activities; education and arts programs; volunteer, advocacy, and civic engagement information; development of stronger support systems; and decreased social isolation. - As the center on Grove Street has evolved over time, so has the way the community talks about older adults and retirees. - As people live longer and more actively, it’s unsurprising that “senior opportunity center” implies a place for the “old” or “ederly,” not a resource for those still in the prime of life. - As 50+ or 65+ become more arbitrary distinctions, the name of the center no longer fits the modern-day experience of aging. - The community center also regularly hosts programming and special events for all ages as its location is the most easily accessible public community center for nearby neighborhoods including Downtown, South French Broad, South Slope, and WECAN. - Throughout April 2022, Senior Opportunity Center staff members engaged with regular center visitors around the current name and solicited suggestions through conversations and an on-site suggestion box. - In May and June 2022, feedback from the larger community was collected through information sharing and an online survey framed by feedback from the center’s regular users. - Some community members also emailed staff directly with recommendations. - Community feedback favors renaming Senior Opportunity Center to reflect its geographic location with “Grove” being included on multiple recommendations. - Parks & Recreation’s communication team will develop a communications plan to ensure minimal confusion. - This may include press releases, revising digital listings, and events such as ribbon cuttings. Vendor Outreach Efforts: - Not applicable  Committee(s): - None Pro(s): - Supports City Council’s FY 2022-2023 Neighborhood Resilience and Improve and Expand Core Services priorities. - Supports the City’s policy giving priority to names carrying a geographical, historical, or cultural significance to the area in which publicly-owned property is located. - Treats older adults with respect and dignity. - Better reflects the expanded modern use of the facility. Con(s): - Initially, there may be public uncertainty surrounding the new name. Parks & Recreation’s communications team will develop a plan to ensure minimal confusion. - Community members looking for a “senior center” may not be aware that the community center on Grove Street has a primary focus on older adults. - This has not been a substantial challenge for Harvest House, a community center in Kenilworth with a similar focus. Fiscal Impact: - Cost of on-site identification updates such as replacement of building signs is available in the Parks & Recreation operating budget. - Estimated cost of sign fabrication and installation is $4,000.","c":"Parks & Recreation","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-09-13","mt":"regular","id":"II-D-ord","ref":"ORD 4965","it":"ordinance","t":"Budget amendment from the Office of National Drug Control Policy for the 2022 High Intensity Drug Trafficking Areas grant","desc":"Background: - The purpose of the HIDTA program is to reduce drug trafficking and especially production in the United States, specifically in areas where drug-related activities are having a significant harmful impact. - This unit does not focus on, or adopt cases, that are for simple possession, but focuses only on cases that deal in trafficking, manufacturing, and distribution of illegal drugs. - The Asheville Police Department acts only as the fiduciary for the grant. - When expenses are incurred, the fiduciary settles the claims using appropriated City of Asheville funds and then requests a 100% reimbursement from the federal government. - The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville Police Department. - The Asheville HIDTA is comprised of members of the United States Drug Enforcement Administration, one officer from the Asheville Police Department, and various individuals from the Sheriff Offices of several Western North Carolina Counties. - A United States Drug Enforcement Administration supervisor, who is the Asheville HIDTA manager, determines how grant funds will be expended. - All members of the Asheville HIDTA receive reimbursement when they incur qualified expenses conducting Asheville HIDTA business. - The Office of National Drug Control Policy has preliminarily determined that the City of Asheville is eligible to manage this grant totaling $204,638. - Grant funds are used for overtime, travel, services and supplies. - All expenses are tracked and audited by local and federal authorities.  Committee(s): - Public Safety Committee - August 23, 2022; Recommended 2-1 to proceed to Council Pro(s): - Fosters partnerships with federal and local law enforcement agencies. Con(s): - None Fiscal Impact: - Matching funds are not required for this grant. David Evans said that he has worked with the successful HIDTA program in the past and offered his services as a volunteer to help with the drug problem in Asheville. An individual spoke to Council on how the HIDTA program does not save lives. She said that if Council takes these federal funds then remove the same 204,638 from Asheville Police Department budget and put it towards harm reduction programs in our community. Councilwoman Roney felt we don’t have enough information for the outcomes in our community and our job is to direct management priorities. She knows that we all see the issue of violent crime in our community, especially among our youth, so if we are going to address violence among our youth, we are going to have to make choices on what we prioritize. For her  that looks like youth programming, violence interrupter programming, etc. If we are going to continue the war on drugs program that doesn’t address the root causes of crime, and as so we don’t have the capacity to do both, then she will have to vote against these actions.","c":"Public Safety","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"contested vote","sq":13},{"d":"2022-09-13","mt":"regular","id":"II-D-res","ref":"RES 22-194","it":"resolution","t":"Resolution authorizing the City Manager to apply for and enter into an agreement with the Office of National Drug Control Policy for the 2022 High Intensity Drug Trafficking Areas grant","desc":"","c":"Administrative","mo":"individual","mv":"Wisler","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"contested vote","sq":12},{"d":"2022-09-13","mt":"regular","id":"II-E","ref":"RES 22-195 / ORD 4966","it":"resolution","t":"Resolution authorizing the Mayor to apply for and enter into an agreement; with budget amendment from the N.C. (GHSP) grant","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-09-13","mt":"regular","id":"II-F","ref":"RES 22-196","it":"resolution","t":"Resolution authorizing the City Manager to enter into a renewal agreement for automatic aid","desc":"Background: - In August 2013, City Council approved a resolution authorizing a multi-year agreement with Reem’s Creek Fire Department for automatic aid service. - The City of Asheville has a need to strengthen its standard of response and cover in the Beaverdam Valley and the Reem’s Creek Fire Department is the most appropriate organization to provide the service. - The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index. - After nine years of positive consumer price index increases, the renewal for the FY 22-23 services cost and are budgeted at $106,565.18. - The term of the renewal agreement will end June 30, 2023. Vendor Outreach Efforts: - No other vendors are able to provide this service. - There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to provide this service.  Committee(s): - None  Pro(s): - Allows the standard of cover to be met greater than 90% of the time. Con(s): - Increasing cost to maintain existing level of service. Fiscal Impact: - Funding for this agreement is available in the Fire Department’s operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-09-13","mt":"regular","id":"II-G","ref":"RES 22-197","it":"resolution","t":"Resolution authorizing the City Manager to execute change orders for the annual payments","desc":"Background: - The City of Asheville and Buncombe County have long standing interlocal agreements regarding the provision of certain joint public safety-related technology and data services. - The Public Safety Interoperability System/Centralized Data Entry information system and the Identification (ID) Bureau are both operated as County services. - Public Safety Interoperability System/Centralized Data Entry (PSIP/CDE): $1,029,799, which includes: - Records Management System (RMS) - Computer Aided Dispatch (CAD) - Fire service management software (Firehouse) - Interface with the North Carolina Criminal Information Network (DCIN) and FBI-maintained National Criminal Information Center (NCIC) - County Identification (ID) Bureau: $561,287, which includes: - A master name index for our records management system. - Fingerprinting for Asheville Police Department and City of Asheville residents. - Based on the interlocal agreements, the City currently pays 45% of the cost of the Public Safety Interoperability System/Centralized Data Entry program and pays 50% of the cost of the County Identification (ID) Bureau program. - Each year during the annual budget process, the County provides the City with estimates for the City’s share of each program's cost. - For fiscal year 2022-23, the County estimates that the City’s share of the PSIP/CDE costs will be $1,029,799 and the City’s share of the ID Bureau will be $561,287. - The requested contract change orders will allow staff to encumber those amounts in the City’s financial system. - The County bills the City quarterly based on actual expenses. - A cross-departmental team of City staff is currently working with Buncombe County to develop a new intergovernmental agreement (IGA) and cost allocation model for PSIP, which has a projected effective date of July 1, 2023. - The City Council will be asked to review and consider approval of the updated PSIP IGA and associated cost allocation model prior to the start of the next fiscal year.  Pro(s): - Provides authorization for the City to formally encumber annual amounts to pay existing interlocal agreements. Con(s): - None Fiscal Impact: - Funding for these contracts is available in the Non-Departmental and Police Department operating budgets.","c":"Public Safety","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-09-13","mt":"regular","id":"II-H","ref":"RES 22-198","it":"resolution","t":"Resolution authorizing the execution of an interlocal agreement with Buncombe County","desc":"Background: - In FY 2021-22, Buncombe County launched an economic public assistance program called the Homeowner Grant Program in which the City of Asheville and the Town of Woodfin also participated. - The program is designed to assist homeowners of low and moderate income as defined by homeowners earning 80% of Area Median Income (AMI) or less to assist with the basic life necessities and welfare needs. - At their meeting on September 6, 2022, the Buncombe County Board of Commissioners approved a resolution authorizing the execution of interlocal agreements with the City of Asheville and the Town of Woodfin to continue the Homeowner Grant Program for a second year. - Grantees who apply for the program, meet the AMI criteria, and reside in the City limits, will receive a maximum grant award of $300 from Buncombe County and $200 from the City of Asheville. - The County will be responsible for administering the program and paying any grants awarded, and thereafter invoice the City for its share of any grants awarded.  Committee(s): - None Pro(s): - Supports homeownership for City households whose income is below 80% of AMI. Con(s): - None. Fiscal Impact: - Funding for this agreement ($150,000) is available in the Non-Departmental operating budget. The total cost in the current fiscal year will depend on the number of participants. - For reference, City residents received payments from this program totaling $90,600 in FY 2021-22.","c":"Housing","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-09-13","mt":"regular","id":"II-I","ref":"RES 22-199","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Brightly Software Inc.","desc":"Background: - In 2016, the City entered into an initial agreement with Dude Solutions for the City’s facility maintenance work order and asset management software. - Since the initial contract award, the company has grown and expanded its product offerings. - Through this growth, the name of the company has also changed to Brightly Software, Inc. - Brightly Software, Inc. continues to provide and maintain the original asset management software and in 2021 the City added their Energy Manager product to track carbon emissions. - Additional investments in the system have been made recently with the purchase of a capital maintenance prediction tool. - This system works with the asset management and work order system to forecast future capital needs and guide capital budgeting. - The existing Brightly Software tools allow the City to maintain an accurate picture of building condition and performance. - They will also allow the City to be more proactive in future maintenance investments. - Entering into this contract is critical to ensuring continuity related to managing facility assets and ensuring that the other asset management platforms mentioned in this report remain functional. - This contract is for $99,026.71 for 60 months broken down as follows: - Year 1 - $18,839.52 - Year 2 - $19,310.51 - Year 3 - $19,793.27 - Year 4 - $20,288.10 - Year 5 - $20,795.31 Vendor Outreach Efforts: - This represents an enhancement to an existing software system. - The original system was purchased and installed several years ago and is a critical component of our facility asset management program. - Because this contract represents a continuation of the use of existing software, there was no outreach performed prior to making this request.  Committee(s): - N/A Pro(s): - Continuing the service with Brightly Software Inc. will allow the City of Asheville to continue creating work orders in response to needed maintenance, prioritizing and scheduling of preventive maintenance, and analyzing repair compared to replacement cost. - Continuing this service will also allow the energy management and capital predictor software to be supported with necessary asset information. Con(s): - None identified Fiscal Impact: - Funding for the first year of this contract is available in the Capital Projects Department operating budget. - Future years will be planned for during the annual budget development process.","c":"Budget & Finance","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-09-13","mt":"regular","id":"II-J","ref":"RES 22-200","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with Alta Planning + Design","desc":"known as the Asheville Greenway Connectors, in the amount of $50,800, increasing the total contract amount to $164,904.90. Background: - The scope of the initial design contract with Alta was to design two on-street bicycle and pedestrian facilities that will connect the Nasty Branch Greenway to Memorial Stadium (future Beaucatcher Greenway) and the future Bacoate Branch Greenway. - The original contract scope with Alta included but was not limited to data collection, base mapping, street engineering, streetscape design and wayfinding, public engagement, utility coordination, and design plans. - The contract amendment is needed for right-of-way(ROW) acquisition, which is needed to move the project through the construction phase. - ROW acquisition was not included in scope of the original design contract. - For the original Phase I design for contract #91800250, Alta was selected from a pool of eleven respondents to the City’s request for qualifications advertisement, issued on December 13, 2016. - The selection process included a qualifications-based, individual and group review by a committee of City staff. - Phase I of the project for $24,912.60, awarded in February 2018, consisted of a feasibility study. - Phase II of this design project, consisting of design and construction documents under contract #91900219. - The initial Council resolution, 18-284, authorized contracting with Alta in the amount of $114,104.90. - This contract amendment will increase the Phase II contract amount by $50,800, bringing the total contract amount to $164,904.90. - Completion ROW acquisition is expected to take several months, following which a final North Carolina Department of Transportation review will result in advertising the construction contract with construction estimated to begin in Spring 2023. - Construction is anticipated to span approximately nine months. Vendor Outreach Efforts: - This project is partially funded using Federal funds. - Vendor selection processes followed the requirements of the Federal Highway Administration. - All of the Federal requirements for vendor outreach and inclusion have been met. - As this is an amendment to the original contract, no additional outreach efforts were made.  Pro(s): - Increases access to the City’s growing inventory of greenways. - Further emphasizes Asheville as a recreation destination. Con(s): - Eventual construction will be disruptive to the area. Fiscal Impact: - Funding for this contract is currently budgeted in the General Capital Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-09-13","mt":"regular","id":"II-K","ref":"RES 22-201","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with ADW","desc":"Background: - The Broadway Public Safety Station will house the new Fire Station #13 to serve the Northwest and Central sections of Asheville. This facility will enhance Fire service coverage in the identified areas. - The facility will also include a Police substation and a new Emergency Operations Center. - ADW Architects, P.A. was selected as the most qualified firm in 2014, and awarded the contract to design the Broadway Public Safety Station Project in 2018. - The contract authorization amount was amended by City Council in November 2019 to amend the contract for $864,150, with contingency up to 10% for a total contract authorization up to $950,565. - Staff has used the contingency to address value engineering, traffic engineering, and administrative changes. - A design change occurred late in the project, and caused changes to the Emergency Operations Center support rooms, IT room, and break out room, and the associated electrical and HVAC systems. - Design changes during construction are not uncommon, but this change has occurred after prior contingency authorization has been used. - The resulting electrical and HVAC systems changes may result in additional design fees which staff is currently negotiating. - Additional contingency authorization of up to $20,000 will enable staff to address this design change, and to address similar concerns that may come up during construction in order to complete the project. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation processes which included posting on the State’s Interactive Purchasing System and requiring that vendors reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Two Women-Owned Firms submitted qualifications for consideration. - The selected team will be utilizing one subconsultant, Stewart Engineering, Inc, certified as a Historically Underutilized Business (HUB) and a Minority-Owned Enterprise (MBE) with the state of NC.  Committee(s): - None Pro(s): - Provides additional contingency that allows staff to make design changes required to complete the project. - No additional funding is required. Con(s): - None Fiscal Impact: - Funding for this amendment was previously budgeted and is available in the General Capital Projects Fund.","c":"Public Safety","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-09-13","mt":"regular","id":"II-L","ref":"RES 22-202","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Appalachian Paving","desc":"Background: - Speeding and unnecessary through-traffic presents dangers that affect the quality of life in residential areas. - A 2000 Traffic Calming Policy approved by City Council established a protocol for responding to requests from residents for traffic calming installations. - Additional details about the 2000 Traffic Calming Policy and the process to request traffic calming measures can be found on the Transportation Department’s page of the City of Asheville website (www.ashevillenc.gov). - In order to enhance safety for multimodal transportation throughout the community, the City of Asheville created a capital project intended to provide traffic calming to neighborhoods that have followed the request and review process. - This project will construct speed cushions on Klondyke Ave., Klondyke Pl., Stoner Rd., and Mitchell Ave. - Bids for the traffic calming project were initially advertised on July 29, 2022. The City received bids on August 19, 2022. - One responsive bid was submitted, their name and bid amount is listed below: - Appalachian Paving & Concrete, Inc., Swannanoa, NC $103,800.00 - This bid was informal, meaning it is acceptable to move forward with one bid. - Appalachian Paving & Concrete, Inc. was the lowest responsive, responsible bidder. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor and all work will be self performed by the prime contractor.  Committee(s): - None Pro(s): - Installation of traffic calming devices (speed humps and / or speed cushions) typically reduce average speeds between humps or cushions by 20 to 25 percent. - Traffic volume diversion is estimated around 20 percent. - Average crash rates are reduced by an estimated 13 percent. Con(s): - There will be disruptions to traffic and the neighborhood during construction. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-09-13","mt":"regular","id":"II-M","ref":"ORD 4967","it":"ordinance","t":"Ordinance amending the Human Relations Commission of Asheville membership and appointment","desc":"Background: - The HRCA was established by Ordinance No. 4663 in July of 2018. - Language around Membership & Appointment includes quotas. - On July 21, 2022, the HRCA voted 7-2 to recommend an update to the Ordinance regarding their membership and appointment. - The recommended update removes the required numbers of individuals from the various identified groups and expands the list to be more comprehensive of the diverse Asheville community. Committee(s): - HRCA - July 21, 2022 - Voted 7-2 to amend ordinance - Boards & Commissions Committee - August 23, 2022 - Voted 3-0 to move forward to City Council with recommendation to include Indigenous People on the list of identified groups. Pros: - Removes restrictions on HRCA membership. - In compliance with laws forbidding racial quotas. Cons: - None. Fiscal Impact: - None.","c":"Boards & Appointments","mo":"consent_batch","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2022-09-13","mt":"regular","id":"II-N-1","ref":"RES 22-204","it":"resolution","t":"Remote Meeting Policy - resolution amending the Rules of Procedure for Boards & Commissions","desc":"Background: - In March of 2020 the Governor issued a State of Emergency (SOE) on the public health emergency posed by COVID-19; the SOE provided explicit authority to hold remote meetings. - The City pivoted to hold all meetings remotely via Google Meets and meetings were accessible by live streaming to the City’s YouTube channel and Public Engagement Hub, Public Input. - In the past year, some of the City’s official public bodies, including the City Council and all quasi- judicial boards have transitioned back to in-person meetings; however, a majority of advisory board meetings have remained remote per city advertisement. - On August 15, 2022, the SOE was lifted, and with it, the automatic authority to hold remote meetings. - The recommended Remote Meetings Policy gives advisory boards and commissions that are appointed by the City Council the option to continue holding fully remote meetings, provided the Board commits to the “venue” for the duration of the year, unless otherwise noticed in accordance with this policy and NC Open Meeting Laws.  Committee(s): - Boards and Commissions Council Committee - August 23, 2022 - Discussion; September 13, 2022  Pro(s): - Provides flexibility for public bodies to hold in-person or remote public meetings. Con(s): - In person meetings will not be livestreamed. - There will be inconsistency with how public meetings are held among boards and commissions; and therefore, how public comment is received. Fiscal Impact: - None noted. Five individuals spoke to Council about the need for an option for hybrid meetings for all public meetings, for transparency and making it easier for everyone to attend and participate. Hybrid meetings are an essential element of equitable access to government and environmentally responsible. They asked that the remote meeting policy be amended to (1) allow hybrid meetings; (2) require only a simple majority vote; (3) ensure all meetings are recorded and made publicly accessible regardless of digital or physical location; and (4) provide flexibility to each body to adjust as needed for its work and members. The City should livestream every public meeting and allow for call-ins for public comment.","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"no material signals","sq":14},{"d":"2022-09-13","mt":"regular","id":"II-N-2","ref":"RES 22-205","it":"resolution","t":"Resolution amending the Asheville City Council Rules of Procedure regarding committees","desc":"Background: - In March of 2020 the Governor issued a State of Emergency (SOE) in response to the public health emergency posed by COVID-19; the SOE resulted in new legislation (Session law 2020-3) which provided authority for local public bodies to hold “remote” meetings during a State of Emergency declared by the Governor or State Legislature. - In accordance with this new law, the City pivoted to hold all meetings remotely via Google Meets in which the Council Members participated virtually. - On August 15, 2022, the SOE was lifted, and with it, the automatic authority to hold remote meetings pursuant to aforementioned session law. - Despite the SOE being lifted, the City retains the rights to conduct remote meetings pursuant to NCGS 143-318.13, but has never codified this option in the City Council Rules of Procedure. - The recommended changes to the Asheville City Council Rules of Procedure will provide a written policy for the conduct of remote meetings by members of the City Council during  meetings of the governing board and its subcommittees in accordance with NC Open Meeting Laws.  Committee(s): - Governance Committee - September 13, 2022 Pro(s): - Provides flexibility and a defined structure for Council Members to participate remotely in both Council and Council committee meetings. Con(s): - None Fiscal Impact: - None noted.","c":"Community Programs","mo":"individual","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"no material signals","sq":15},{"d":"2022-09-13","mt":"regular","id":"IV-B","ref":"ORD 4968","it":"public_hearing","t":"Public hearing to rezone 645 Brevard Road from RS-8","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"contested vote","sq":17},{"d":"2022-09-13","mt":"regular","id":"IV-C","ref":"ORD 4969","it":"public_hearing","t":"Public hearing to rezone 651 Brevard Road from RS-8","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 651 Brevard Road from RS-8 Residential Single-Family High Density District to Commercial Business II District. This public hearing was advertised on August 12 and 19, 2022. On August 23, 2022, at the applicant’s request, City Council continued the public hearing to September 13, 2022. Project Location and Contacts: - The rezoning petition consists of a single property totalling 0.74 acres located at 651 Brevard Road (PIN 9627-93-8039). - Owner: James Goode Revocable Trust Summary of Petition: - The applicant requests a rezoning of a single property to the Community Business II (CBII) District. - The property is currently zoned Residential Single-Family High Density (RS-8) and is located within Manufactured Housing Community Overlay (MH-CO) and Manufacturing Housing Overlay (MH-O) districts. - The land use of the property is currently a single-family house. - This request relates to another rezoning petition for a property with the same applicant but different owner further to the north at 645 Brevard Rd. - Directly to the north of the subject property is a large parcel (PIN 9627-93-4086 and 5.12 acres) which is zoned Community Business II (CBII) and owned by the same entity as the aforementioned rezoning petitioner at 645 Brevard Rd. - The subject property is designated “Urban Corridor” on the city’s Future Land Use (FLU) Map. - A change in the FLU designation will not be required. Comprehensive Plan Consistency: - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan including: - Encourage Responsible Growth - by prioritizing growth and development within designated growth areas - Increase Mixed-Use Development Along Transit Corridors - by encouraging large scale land assemblage where possible, particularly along corridors  - Facilitate Real Estate Development that Maximizes Public Benefit - by establishing accessible and well-connected commercial nodes consistent with strategies outlined in the plan’s growth areas - The proposed development is compatible with the Future Land Use designation of “Urban Corridor” which is proposed, in part, as “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure” - Community Business II (CBII) is cited as an appropriate zoning district within the Urban Corridor Future Land Use category. - The Community Business II (CBII) district allows for a variety of residential and commercial uses, some of which having specific requirements and limitations, including but not limited to: - Residential: single-family, duplexes, townhouses, multi-family, ADUs - Institutional: assisted living, day care centers, police and fire stations, libraries and museums, schools, vocational and tech schools - Recreational: arboretums, community centers, parks - Food/Beverage/Entertainment: eating and drinking establishments, microbreweries, nightclubs, movie theaters, recreational uses (indoor and outdoor) - Lodging: bed and breakfast inns, boardinghouses, homestays - Office: home occupations, offices, radio and television studios, research and technology production - Retail/Service: barber shops, car washes, clinics, veterinary offices, financial institutions, funeral establishments, gasoline sales, grocery stores, hardware stores, health and fitness facilities, laundry and dry cleaning, motor vehicle service facilities, pharmacies, artist studios, tailors, tattoo parlors - Industrial: crematories (human), industrial uses (light) - Other: agriculture, antenna, crematories (animal), live-work units, outdoor storage, parking lots, recycling collection centers, telecommunications Compatibility Analysis: - The purpose of the CBII zoning district is, “to provide areas for medium-to-high-density business and service uses serving several residential neighborhoods,” as well as, “designed to be located primarily along minor and major thoroughfare streets which serve multiple residential neighborhoods.” - The proposed rezoning petition is compatible with the surrounding land uses, including: - Highway Business (HB) zoned property to the north along Brevard Rd consisting mostly of automobile dealerships. - Community Business II (CBII) zoned property directly to the north of the subject property. - Property further to the south zoned Office and Community Business II - To the east of the subject property, across Brevard Rd, is a large tract of land associated with the Biltmore Estate.  Committee(s): - Planning & Zoning Commission (PZC) - August 3, 2022 - approved, 7:0.  Pro(s): - Provides the opportunity for more intensive and efficient use of land along a major highway corridor. Con(s): - Encourages demolition of an existing single-family house. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist used maps to show the location of the rezonings. Regarding the Living Asheville Comprehensive Plan, the rezonings are (1) consistent with the Future Land Use map (“Urban Corridor”) promoting redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure; and (2) supports a number of goals in the Plan (a) prioritizes growth and development within designated growth areas; (b) encouraging large scale land assemblage where possible, particularly along corridors; and (c) establishes accessible and well-connected commercial nodes consistent with strategies outlined in the plan’s growth areas. He then outlined all the allowable land uses in the Community Business II District. The Planning & Zoning Commission unanimously approved these rezonings at their August 3, 2022, meeting. Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed rezonings. When Councilwoman Roney asked if it would be possible to remove lodging as a use in the Community Business II District, Mr. Palmquist noted that it would require a text amendment because this is a straight rezoning not a conditional use which Council can make certain conditions. Mr. Brian Gulden, attorney representing the applicant, noted that all the uses allowed in the Community Business II District would be available for his client if the straight rezoning is approved by City Council. He spoke about the demolition of a single-family home on the property and how the rezoning complies with the Comprehensive Plan. He asked for Council’s support of the rezonings. Vice-Mayor Smith opened the combined public hearings at 6:41 p.m., and when no one spoke, she closed the combined public hearings at 6:41 p.m. Vice-Mayor Smith said that members of Council have previously received copies of the ordinances and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"contested vote","sq":18},{"d":"2022-09-13","mt":"regular","id":"IV-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from participating in the two public hearings on the rezonings of 645 and 651 Brevard Road due to a conflict of interest","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2022-09-13","mt":"regular","id":"VI-A","ref":"RES 22-203","it":"resolution","t":"Resolution authorizing the City Manager to sign an agreement","desc":"Community & Economic Development Director Nikki Reid said that this is the consideration of a resolution authorizing the City Manager to sign an agreement with Homeward Bound for street outreach services. Background: - The FY 2022-2023 adopted operating budget allocates $110,000 for street outreach services to individuals and families experiencing homelessness. - The City has partnered with Homeward Bound of Western North Carolina for the past four years to provide these services. - With this agreement, Homeward Bound will provide street outreach services to persons experiencing homelessness as defined by the U.S. Department of Housing and Urban Development in the CIty of Asheville, including case management services and referrals to available community resources and permanent housing, working collaboratively with Asheville Police Department (APD) and Asheville Fire Department (AFD). - The objective of the services provided is to reduce the number of people experiencing homelessness and increase the number of permanent housing placements in the NC-501 Continuum of Care. - Services provided by Homeward Bound through this contract include: - Diversion-focused services and referrals; - Referrals to permanent housing resources, behavioral health and substance use disorder services; AHOPE Day Center; emergency shelter; Social Security Supplemental Income/Social Security Disability Income Outreach, Access, and Recovery (SOAR); primary health care; and basic needs, services, and resources; - Coordination with existing Homeward Bound street outreach as well as other street outreach efforts (e.g., Veterans Affairs Medical Center Homeless Services); - Response, training, and education to downtown businesses and residents impacted by the presence of people experiencing homelessness; - Assistance to APD and AFD for referrals and issues related to unhoused persons, working collaboratively with officers to de-escalate crises and divert from arrest when appropriate; - Access to NC-501 Continuum of Care Coordinated Entry as appropriate, with  assessments using the Vulnerability Index - Service Prioritization Decision Assistance Tool (prescreen triage tool) or other assessment instrument designated by the NC-501 Continuum of Care. - This agreement is for a period of one year with four, one year options for renewal for a total term of five years. - Renewals are subject to annual budget approval and availability. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Connects unhoused individuals with needed area resources - Supports the City’s efforts to reduce the number of people experiencing homelessness in the NC-501 Continuum of Care service area Con(s): - None noted Fiscal Impact: - Funding for the first year of this contract is available in the Community and Economic Development Department operating budget. - Future years will be planned for during the annual budget development process. Mayor Manheimer noted that the City is not a direct service provider, but we pass the funding to agencies in our community and partner with Homeward Bound to be more effective in this crisis. Jonathan Wainscott felt that we are enabling the homeless population in asheville at the expense of our own community members. Mayor Manheimer said that City Council has been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2022-09-13","mt":"regular","id":"VI-B-ord","ref":"ORD 4970","it":"ordinance","t":"Budget amendment to accept funding from the Dogwood Health Trust ARPA Advantage Affordable Housing funding","desc":"Mayor Manheimer noted that this presentation was covered under the ARPA Manager’s Report presentation.  Background: - In May 2022 the City of Asheville responded to a request for proposals from the Dogwood Health Trust to leverage the American Rescue Plan Act (ARPA) funds that the City is investing in affordable housing. - Asheville Area Habitat for Humanity (AAHH) and Asheville Buncombe Community Christian Ministries (ABCCM) applied for ARPA funding for affordable housing projects. - At its May 10, 2022 meeting, Asheville City Council adopted a resolution authorizing the City to execute the agreements for the fulfillment of the American Rescue Plan Act funding recommendations. - The City Council’s ARPA allocations awarded partial funding to the affordable housing projects submitted by Asheville Habitat for Humanity and ABCCM. - These grant funds from Dogwood will provide additional funding for both programs to leverage affordable housing.  Committee(s): - City Council approved ARPA funding Pro(s): - Additional funds for programs related to covid recovery. - Fully funding projects for affordable housing. - Allows the City to focus on partnerships in the community, along with capacity building, support and networking to build towards a collaborative future. Con(s): - None Fiscal Impact: - Matching funds are not required for this grant, funding will be passed through to Asheville Area Habitat for Humanity and ABCCM. Mayor Manheimer said that City Council has been previously furnished with a copy of the resolution and ordinance and they would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2022-09-13","mt":"regular","id":"VI-B-res","ref":"RES 22-206","it":"resolution","t":"Resolution authorizing the City Manager to enter into a grant agreement with Dogwood Health Trust","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"no material signals","sq":20},{"d":"2022-09-13","mt":"regular","id":"VI-C-1","ref":"RES 22-207","it":"appointment","t":"Resolution appointing Chappel Carter as a member of the ABC Board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Alcoholic Beverage Control (ABC) Board. The term of Jan Davis, as Chair and member of the ABC Board expires on November 13, 2022. The following individuals applied for the vacancy: Patrick Fox, Amber Johnson, Tommy Tsiros, Tod Leaven, James Poole, Anne Dickens, Dee Williams, Elliott Smith, David Angelus, Chappel Carter, Clifford Feingold and William Kopp. The ABC staff of the ABC Board recommended appointing Thomas Tsiros, Chappell Carter or Dee Williams. The ABC Board also recommended appointing either Max Haner or Robin Cape as Chair. It was the consensus of the Boards & Commissions Committee, along with City Council, that the Boards & Commissions Committee interview Max Haner and Robin Cape on October 11. City Council is to submit questions to the City Clerk’s Office to compile and send to the two candidates, who will then submit written responses prior to their interviews on October 11.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"no material signals","sq":22},{"d":"2022-09-13","mt":"regular","id":"VI-C-2","ref":"RES 22-208","it":"appointment","t":"Resolution appointing Amy Moxley as a member of the Historic Resources Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Historic Resources Commission. The term of James Vaughn expired on July 1, 2022.  The following individuals applied for the vacancy: Anna Ewing, Alexander Ellenbogen and Amy Moxley. The Chair and staff of the Historic Resources Commission recommend. After discussion, the Boards & Commissions Committee recommended appointing Amy Moxley.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"no material signals","sq":23},{"d":"2022-09-13","mt":"regular","id":"VI-C-3","ref":"RES 22-209","it":"appointment","t":"Resolution reappointing David Nash as a member of the Homeless Initiative Advisory Committee","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Homeless Initiative Advisory Committee. Jason Desai has resigned, thus leaving an unexpired term until November 1, 2023. In addition, the terms of David Nash and David Bartholomew expire on November 1, 2022. The following individuals applied for the vacancies: Angelique Brickner, Emily Kirchmeyer, Louisa Shipnuck Jones, Barry Shoor, Sim Wilkes, Sydney Broadhead, Michael Fulbright, Jo Golson, Cheryl Antoncic, Kenny Hancock, Sherri Bagwell, William Snoddy, Jimmi Lang, Andrew Garrard, Josh Houde, Elena Mansour and William Hanson. The Chair and staff of the Homeless Initiative Advisory Committee recommend, and the Boards & Commissions Committee concur, to reappoint David Nash and David Bartholomew and re-advertise for the other vacant seat..","c":"Housing","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":24},{"d":"2022-09-13","mt":"regular","id":"VI-C-4","ref":"RES 22-210","it":"appointment","t":"Resolution appointing Jack Igelman as a member of the commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. Michael Stratton, a member of the Multimodal Transportation Commission, has resigned, thus leaving an unexpired term until July 1, 2023. The following individuals applied for the vacancy: Joseph Chester, Elyse Marder, Abigail RS Griffin and Jack Igelman. The Multimodal Transportation Commission Chair recommended, and the Boards & Commissions Committee concurred, to appoint Jack Igelman.","c":"Transportation","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":1,"mr":"policy category","sq":25},{"d":"2022-09-13","mt":"regular","id":"VI-C-5","ref":"RES 22-211","it":"appointment","t":"Resolution reappointing Pete Hildebrand and Catherine Rosjford to the commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Soil Erosion and Stormwater Review. The terms of Pete Hildebrand and Catherin Rosjford, as members of the Soil Erosion and Stormwater Review expire on November 1, 2022. There were no applications for these vacancies. Because this board has never met, the Boards & Commissions Committee recommended reappointing Pete Hildebrand and Catherine Rosjford.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"no material signals","sq":26},{"d":"2022-09-13","mt":"regular","id":"VI-C-6","ref":"RES 22-212","it":"appointment","t":"Resolution appointing Karen MacNeil as a member of the Urban Forestry Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Urban Forestry Commission. Perrin deJong, a member of the Urban Forestry Commission, has resigned, thus leaving an unexpired term until December 31, 2023. The following individuals applied for the vacancy: Karen MacNeil, Nick Biemiller and Alex Kirby. After discussion, the Boards & Commissions Committee recommended appointing Karen MacNeil.","c":"Environment & Sustainability","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1t1nMMif6epZEuP0rxMDmxCtiPSdziE2L/view?usp=share_link","mat":0,"mr":"no material signals","sq":27},{"d":"2022-09-27","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on September 13, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-09-27","mt":"regular","id":"B","ref":"RES 22-213","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - This contract provides free Lead Testing for all City of Asheville Water Customers to help expand the Lead Awareness Education Program. - The program will help customers determine if there is a lead issue with their household plumbing or service lines. - The lead analysis is free for any City of Asheville Water Customer. - The testing will help Water Resources identify any areas where lead could be present in the service lines and prepare for the Lead and Copper Rule Revisions that are effective October 16, 2024. - Testing information collected will provide documentation to aid in applying for State grants or low interest loans to help replace service lines in affected areas, especially underserved communities. Vendor Outreach Efforts: - The City utilized standard outreach methods, including posting on the State’s Interactive Purchasing System. - There were no commercial laboratories certified by the NC State Laboratory of Public Health to analyze lead in drinking water in the City’s database. - An informal bid request was performed. - Seven laboratories provided bids. - None were Minority/Women-Owned Business Enterprises. - Environmental Testing Solutions was awarded the contract. - The vendor met all bid request requirements, were the lowest bidder, and are a locally owned small business.  Committee(s): - N/A Pro(s): - The testing program will inform water customers about potential lead in their homes. - The testing information will help Water Resources gain a better understanding of potential areas of concern. Con(s): - None Fiscal Impact: - Water Resources will enter into a three year contract with Environmental Testing Solutions for $125,000.00.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-09-27","mt":"regular","id":"C","ref":"RES 22-214","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The City will enter into an interlocal agreement with Buncombe County to give the authority to retain professional services for various feasibility studies (cost/benefit, utility infrastructure, environmental impact, service impact, etc.) of installing a floating solar energy system on the North Fork Reservoir. - Buncombe County will manage vendor outreach, procurement, agreements for all professional services required and all fees associated with such services. - The City will coordinate with Buncombe County staff and associated vendors to schedule access to the site and provide relevant information. - The City will have a role in determining feasibility studies to be conducted. - Feasibility of a floating solar system will also be considered concurrently for Lake Julian. - The City does not own this site.  Pro(s): - Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal - Supports Resolution 20-25 Declaration of a Climate Emergency - Action prioritized in Moving to 100% Renewable Energy Roadmap Con(s): - This is a complex site for a variety of reasons, it is of the utmost importance that Council and the community understand that this effort may not result in solar being installed on the North Fork Reservoir. - Feasibility may be deemed impractical due to: - A possible change in Water Supply I (WS1) designation (which is the most pristine designation available). North Fork Reservoir is the largest and most important source of water for the City of Asheville and is recognized as one of the best water sources within the state of North Carolina. - Any change in quality negatively impacts our ability to provide the best drinking water possible. - Lack of compliance with existing view shed agreement with the Blue Ridge Parkway - Ability to maintain security of our source of water at the reservoir which is currently highly restricted. - Impacts on endangered wildlife. Resident Bald Eagles use this reservoir, which may be impacted by a project of this nature. - Restrictions or potential requirement coming from the easement with the Conservation Trust of North Carolina - Lack of available utility infrastructure to connect to the utility grid - Ability to withstand water fluctuation in extreme weather conditions (most recently Tropical Storm Fred) - The cost of the project may outweigh the benefits and funding has not been currently identified Fiscal Impact: - No City funds will be utilized to complete this study. - Buncombe County has budgeted $150,000 in total for studies at both North Fork Reservoir and Lake Julian. Buncombe County will provide 100% of the funding required for the feasibility studies and the only cost to the City will be through dedicated staff time.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-09-27","mt":"regular","id":"D","ref":"RES 22-215","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility Program. - This program is an enterprise fund that is supported by the participation and work generated by partner agencies (Duke Energy, Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division). - As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. - At times these activities cut concrete infrastructure such as curbs and sidewalks. - When this occurs the Utility Cut Program must have a method to address these areas. - This contract serves as an instrument to address the unpredictable nature of these cuts in the City infrastructure, and eliminates the possibility of City employees being removed from the more routine scheduled maintenance of existing infrastructure. - The quantity and location of the concrete repairs performed under this contract is dictated by development and repair work performed by the partner utilities. - This is the tenth year that a private contractor has performed this service. - The contract was advertised on July 29, 2022 and bids were scheduled to be opened on August 18, 2022. - Only one bid was received. - On the first scheduled bid opening the City is required to receive at least three bids to open. - The contract was readvertised on August 19 th and the opening was scheduled for September 1 st . - The following bid was received: Appalachian Paving and Concrete, Inc. of Swannanoa, NC: $266,125.00 - The contract work is expected to begin during the middle of October and to take approximately one calendar year to complete. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the City of Asheville list of certified MWBE business, the NC Historically Underutilized Business database, and the NCDOT MWBE database for potential contractors. - Only two companies from an identified disparity group were found in the ten-county area and staff directly contacted those companies. - The companies did not bid for this contract.  Committee(s): - None Pro(s): - Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s): - None Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partners participating in the program. - The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery. - Funding for this contract is available in the Street Cut Utility Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-09-27","mt":"regular","id":"E","ref":"ORD 4971","it":"ordinance","t":"Budget amendment for the Multimodal Transportation project","desc":"Background: - The City applied for a transportation planning grant from the French Broad River Metropolitan Planning Organization (FBRMPO) in January 2022 for the purpose of conducting a multimodal transportation planning study for the East Patton Corridor, roughly between the Jeff Bowen Bridge and Pritchard Park. - The purpose of the study is to evaluate the NCDOT design for the corridor that is part of the larger I-26 project and identify opportunities for multimodal transportation and placemaking improvements, such as sidewalks, bike lanes, greenways, public spaces and transit, as well as enhance connectivity to existing residential neighborhoods and  mixed-use centers, and manage or possibly reduce regional vehicular traffic on Patton Avenue east of the Jeff Bowen Bridge. - The City Council approved Resolution 22-1 at their meeting held on January 11, 2022, authorizing staff to submit an application requesting $350,000 in grant funds with a 20% match ($70,000), however, the FBRMPO awarded only $220,000, therefore the City’s match is $44,000. - The total appropriated amount is $264,000. - The Council resolution also authorized the City Manager to execute the necessary agreements with the FBRMPO if funds were awarded. - This action is to authorize a budget amendment to accept the grant funds and allocate the required matching funds. - Approval of the budget amendment will allow the City to execute the grant agreement with the FBRMPO and begin work on the study. - The Planning and Urban Design Department is the lead department and the Transportation Department will provide support.  Committee(s): - None Pro(s): - This is an opportunity to design optimal safety and aesthetically pleasing multimodal transportation connections between the I-26 Connector project and Patton Avenue as it enters downtown after crossing the Jeff Bowen Bridge. - This is an opportunity to create a welcoming gateway on the west side of downtown Asheville. - The study area, particularly at the intersections of Patton Avenue and Clingman and Hilliard and Clingman are areas where multiple greenways converge. - This project will allow safer crossings and connections for the greenways. - There will be grant opportunities to assist with the funding once it is added to the City of Asheville’s Capital Improvement Project (CIP) list. Con(s): - This study will create a design that will need to be implemented by the City of Asheville. Fiscal Impact: - Funding for the required $44,000 City match has been identified within the current General Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-09-27","mt":"regular","id":"F","ref":"RES 22-216 / RES 22-217","it":"resolution","t":"Resolutions authorizing the possession and consumption of alcoholic beverages","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-09-27","mt":"regular","id":"G","ref":"RES 22-218","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The Asheville Police Department (APD) entered into a new, consolidated, five year contract with Axon on December 15, 2020 for our existing Body Worn Camera/Taser program, Fleet vehicle in-car camera program, and our Interview Room platform. - APD had previously been managing three separate five year Axon contracts for these programs. - Each contract had a different start and end date as well as different invoicing dates. - The intent of creating the new five year contract was to not only simplify the management of these different contracts into one document with one annual invoice, but also afforded APD the additional benefit of locking in the 2020 price points for the five year life of the new consolidated contract. - When Axon generated the consolidated quote for the new contract, the original five year term for licensing (Unlimited Annual Payment) from each original contract was retained instead of extending them through the end of the new five year contract’s term. - These Unlimited Annual Payments include unlimited storage on Evidence.com, product warranties and licensing of equipment. - This contract amendment will add these required missing fees for our Fleet vehicle cameras for the last three years of the contract as well the missing fees for our Interview Room platform for the last year of the contract at the price points they would have been originally included at back in 2020. - These fees should have been included in the new five year contract in December of 2020 and we are asking to add them in now at the same price point they were quoted when the contract was initiated. - The total increase in cost over the final three year period of the contract to correct this oversight is $345,990.68. - City Council approval is required. Vendor Outreach Efforts: - Axon is the current vendor for the body camera/taser program and utilizes pricing per the OMNIA Cooperative Contract. - Due to pricing from a cooperative contract, no outreach to minority and women owned businesses was conducted.  Committee(s): - Public Safety Committee - 9/27/22 Pro(s): - Increase safety by continuing to provide equipment beneficial to officers and the public - Strengthen agency accountability and transparency to the public - Reduce complaints and resolve officer involved incidents - Identify and correct potential internal agency problems - Benefit public safety by accurately documenting officer interactions and evidence collection - Used in policy compliance checks such as consent search interactions and documentation - Compliance with National best practices of using a BWC platform to document officer interactions - Simplify the management of different contracts into one document with one annual invoice and locking in the 2020 price points for the five year life of the new consolidated contract Con(s): - Increase in cost from the original 5 year agreement Fiscal Impact: - An additional $104,792.00 will be required in FY23 and FY24, and $136,406.68 in FY25. The additional funds needed for the current fiscal year will be allocated from within the existing APD budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-09-27","mt":"regular","id":"H","ref":"RES 22-219","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - A disparity study determines whether a governmental entity is awarding public contracts in a manner that disportionately excludes or limits participation by minority, women‐owned, and disadvantaged business enterprises (M/WBEs). - Such a study compares the utilization of M/WBEs with the availability of M/WBEs in the relevant market area. - A disparity study is legally required for the City to continue its race and gender conscious Business Inclusion (M/WBE) program. - Asheville’s most recent disparity study was conducted in 2018 covering fiscal years 2012 through 2017, reviewing the City’s contractual awards in construction, goods, services, architectural, and engineering services. - In April 2019, the study was presented to the Asheville City Council and indicated that both women-owned businesses and minority-owned businesses (African American, Hispanic, Asian, and Native American owned businesses) showed substantial disparities on contracts that the City awarded during the study period. - The 2018 Disparity Study established a strong basis in evidence that supports the use of narrowly tailored race- and gender-conscious procedures to more adequately address the ongoing effects of marketplace discrimination on City contracts. - The study recommended race- and gender-conscious measures to address identified disparities. - This Disparity Study provided the strong evidentiary basis needed for the City of Asheville to create a new Business Inclusion Policy which prescribes additional methods by which the City may achieve parity. - The Asheville City Council adopted the policy on October 27, 2020, with an effective date of January 1, 2021. - Pursuant to law, a new disparity study must be conducted at least every (5) five years in order to continue any race- and gender-conscious contracting program. - The sunset provision within the Business Inclusion policy is November 1, 2023, so a new disparity study is needed to evaluate the effectiveness of the City’s Business Inclusion Policy and provide the legal justification for continuing the program, if warranted. - Given this upcoming expiration, the City issued a Request for Proposals on July 14, 2022 for qualified vendors to complete a disparity study in keeping with current case law and appropriate statistical research methodology, utilizing the time frame of July 1, 2017 through June 30, 2022. - The study will determine the utilization of M/WBEs by the City for the appropriate time frame through a review of all or a statistically significant portion of the City’s respective contracts for General Services, Professional Services, Construction and Repair, and procurement of goods. - The results of the disparity study will provide recommendations for updates of the City’s goals, market area and recommendations for changes in the current Business Inclusion Program. - The RFP review team consisted of representatives from the following departments: Community and Economic Development, Capital Projects, Equity & Inclusion, and IT Services - Office of Data & Performance. - The selection criteria included: Experience and qualifications of the firm and proposed staff, relevant experience & references, proposed project plan, proposed cost, overall proposal & completeness. - Interviews with the firms were also conducted by the review team. - After a thorough review of the submitted proposals, Miller 3 Consulting, Inc. was the top ranked firm of the selection team. Vendor Outreach Efforts: - The City utilized standard outreach methods, including posting on the State’s Interactive Purchasing System. - The City received four proposals, three being Minority Business Enterprises. - The selected firm is a minority-owned business.  Committee(s): - Planning and Economic Development Committee -- Sept. 12, 2022, information only, no vote was taken. Pro(s): - Completion of a disparity study is required to maintain compliance with Federal law to continue any race- and gender-conscious contracting program. - The results and recommendations of the FY23 Disparity Study will inform updates to the Business Inclusion Program to ensure it is compliant with all current legal requirements and best practices.  Con(s): - None identified Fiscal Impact: - Funding for this contract is available in the Community and Economic Development Department operating budget.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-09-27","mt":"regular","id":"I","ref":"RES 22-220","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The City of Asheville owns real property at PIN #9655-43-8306 on Mills Gap Road. - A water tank is located on this site along with associated water distribution lines. - NCDOT is requesting this easement in order to complete a road widening project that includes turning lanes at selected intersections. - A six (6) foot sidewalk will be installed on the east side of the road. - The project will also include corrections to ongoing drainage issues. - NCDOT approached both the Water Resources Department and the Real Estate Office to process the easement. - Water Resources has reviewed documents and plans to insure that there will be no damage to their infrastructure as a result of the project. - The Real Estate Office reviewed the appraisal that has been certified by the state appraisal office and it was appropriately conducted. - NCDOT is compensating the City $45,200 for the following: - .189 acres of Right of Way - .037 acres of Temporary Construction Easement - .020 acres of Permanent Drainage Easement - .226 acres of Permanent Utility Easement  Committee(s): - None Pro(s): - The road in front of the City’s water tank will be improved along with its drainage system. Con(s): - The land is unavailable for City use and NCDOT will be able to control what occurs within a portion of the City’s right of way. Fiscal Impact: - The City will receive approximately $45,200 for a road and drainage easement and right of way for the granting of this easement, which will benefit the Water Enterprise Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-09-27","mt":"regular","id":"IV-D-ORD","ref":"ORD 4972","it":"ordinance","t":"Public hearing to conditionally zone 650 Caribou Road - conditional zoning request","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 650 Caribou Road (Laurel Woods II) from RM-8 Residential Multi-Family Medium Density District to Residential Expansion/Conditional Zone for the purpose of constructing a 54-residential unit, multi-family building. This public hearing was advertised on September 16 and 23, 2022. - The project site totals 14.73 acres located at 650 Caribou Rd (PIN 9657-10-3768). - Owner: Asheville VOA Elderly Housing Inc. Summary of Petition: Project Site - The project site consists of one property totalling 14.73 acres located at 650 and 652 Caribou Rd. - The site is currently zoned Residential Multi-Family Medium Density (RM-8). - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion (RES EXP) district is required. - An existing two-story affordable senior-living multi-family development is located on the site with 51 dwelling units. - The site is designated “Traditional Neighborhood” on the city’s Future Land Use (FLU) Map. - A change in the FLU designation will not be required. Overall Project Proposal - New building construction includes 54 senior-living dwelling units located in a new, three-story building. - The project has been redesigned to site the proposed new building within the interior of the property and further away from neighboring properties. - Other site improvements include expanded off-street parking and new sidewalks. - All 54 units (100%) will be designated affordable for a minimum of 30 years. - 32 units will be affordable at 80% Area Median Income (AMI). - 17 units will be affordable at 60% Area Median Income (AMI). - 5 units will be affordable at 40% Area Median Income (AMI). - 12 of these affordable units will be set aside for project based vouchers. Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. - The maximum building height of the proposed project is approximately 28 feet. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of the dwelling units are affordable at 80% AMI. - The proposed project’s density is 7.1 units/acre, which includes the proposed and existing dwelling units. - Front yard, rear yard and side yard setbacks of 15 feet are proposed as is required in the RES EXP district. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. - The proposed project would result in a total impervious area of 20%. Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and property line buffers. - The RES EXP district requires a 20 foot-wide “Type A” landscape buffer where the subject property is adjacent to any other residentially zoned property, which will be required along the southern and northern property boundaries. - The project is proposing an alternative compliance for the required landscape buffer of 40-feet in width along the northern property boundary and a portion of the southern property boundary. - This alternative compliance option is allowed when an undisturbed area is greater than twice the required buffer width, the number of required plant material in a buffer may be reduced by 50 percent. - The project is classified as “urban” under the Tree Canopy Preservation standards and has a classification of “Class B”. - The existing tree canopy is 63.8%. - The project is required to preserve 10% of the existing tree canopy and is proposing to preserve 57.7% of the existing tree canopy. - Open space is required at a rate of 15% of the site, resulting in 2.2 acres of open space, with at least one 10,500 square foot area that provides park or plaza-type features. - The project is providing 11.8 acres of open space. Access, Sidewalks and Parking - Access to the site will be provided by an existing driveway located on Caribou Rd. - A total of 105 parking spaces are proposed for the new and existing dwelling units. - Based on the total number of dwelling units at the existing and proposed buildings, as well as the type of units which are a combination of 1-bedroom and 2-bedroom units, the minimum/maximum number of required parking spaces is 105/210 for the RES EXP district. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary access corridor and internally throughout the site. - The project is proposing a new five foot-wide sidewalk with a five foot-wide planting strip along the site’s frontage on Caribou Rd. - The project is proposing five foot-wide sidewalks internal to the site. Technical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process including: - Five foot-wide sidewalks along Caribou Rd and internal to the site instead of the required 10 foot-wide standard. - No bike lanes into the development. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by prioritizing greater densities of development overall, throughout the city as appropriate. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks. - Make Streets More Walkable, Comfortable and Connected - by eliminating gaps in the city-wide sidewalk network. - The proposed development is compatible with the Future Land Use designation of “Traditional Neighborhood” which is proposed, in part, as “a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes and multifamily apartments usually located seamlessly together”. Shiloh Community Plan 2025 - The Shiloh Community Plan (adopted in 2010) provides goals and strategies for the neighborhood to achieve its long-term vision. - The proposed development supports a number of goals and strategies in the plan, including: - Quality of Life Goal #3: Work to improve the livability of our neighborhood – particularly housing and safety.  - Strategy 2. Improve pedestrian accessibility throughout the neighborhood, by supporting the development of sidewalks along Caribou Rd. - Land Use Goal #2: Provide assistance for affordable housing and home improvement. - Strategy 2. Explore opportunities for the construction of affordable housing in the Shiloh community. Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land uses, including: - The existing, 51-unit affordable, senior-living multi-family development on the site. - The Dawnwood Condominiums development, located directly across the site on the west side of Caribou Rd, which consists of 12 two-story, multi-family buildings. - Suburban commercial uses located along Hendersonville Rd further to the west. - The surrounding single-family houses throughout the Shiloh neighborhood.  Committee(s): - Technical Review Committee (TRC) - July 18, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - August 3, 2022 - continued to 9/7 PZC meeting. - Planning & Zoning Commission (PZC) - September 21, 2022 - approved, 4:0. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning maps, along with the aerial imagery and future land use map. Regarding the overall site plan is (1) existing 2-story, 51-unit senior-living, multi-family housing; (2) new, 3-story, senior-living; (3) 54 new dwelling units (100% affordable); (4) existing driveway access; (5) 105 total parking spaces total; (6) sidewalks: 5’-wide with 5’-wide planting strop on Caribou Road, 5’-wide internal sidewalks; (7) landscaping and open space standards; and (8) tree canopy preservation standards met on-site. He showed some building elevations along with a street view rendering. Regarding conditions, (1) all 54 units (100%) will be designated affordable for a minimum of 30 years (a) 32 units will be affordable at 80% Area Median Income (AMI); (b) 17 units will be affordable at 60% AMI; (c) 5 units will be affordable at 40% AMI; and (d) 12 of these affordable units will accept housing choice vouchers; and (2) technical modifications include (a) 5’-wide sidewalk with 5’-wide planting strip along Caribou Road and 5’-wide sidewalk internally instead of the required 10’-wide standard; and (b) no bike lanes into the development. He outlined the review process and how the project complies with the Living Asheville Comprehensive Plan and the Shiloh Community Plan 2025. Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Councilwoman Roney said that during future technical reviews, she hoped that staff would consider that if there are no bike lanes into the development, that means no bike lanes outside of the development - which might eliminate easy access to parks, grocery stores, etc. on bikes or even electric bikes.  In response to Councilwoman Roney regarding any plans for solar, Ms. Riveira said they have no plans for solar as it is a cost issue. They are, however; working with Duke Energy Design Assistance and will partner with them to do anything they can within their budget. She noted that they will be installing new windows in the existing units and are also maintaining many trees. Mayor Manheimer opened the combined public hearing at 6:25 p.m. Ms. Sophie Dixon and Ms. Norma Baynes expressed concerns of wanting their residential single-family neighborhood to remain single-family residential; assurances that the development will remain for seniors; traffic congestion from 167 new units in their area; whether infrastructure in the area will be sufficient for all the new development; and need to keep the rate it is for seniors which is according to their income. Mayor Manheimer closed the combined public hearing at 6:30 p.m. Mr. Palmquist explained that multi-family means multiple units in the same building. Ms. Riviera explained about who can live and visit in the units, noting that the site will always be for seniors as it is deed restricted. Mayor Manheimer said that members of Council have previously received a copy of the resolution and ordinance and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2022-09-27","mt":"regular","id":"IV-D-RES","ref":"RES 22-223","it":"resolution","t":"Public hearing - Housing Trust Fund loan re 650 Brevard Road (Laurel Woods II) - Volunteers of America request","desc":"Affordable Housing Specialist Kevin Lynn said this is the consideration of adopting a resolution approving the Volunteers of America’s (VOA) request for a $1.5 million Housing Trust Fund (HTF) loan with 2% interest and deferred for a period of 30 years and secured with a deed of trust, for the purpose of developing affordable housing. Background: - VOA Asheville is pursuing a Low Income Housing Tax Credit development project for the rehabilitation and expansion of the existing Laurel Wood Apartments, located at 650 Caribou Road in the Shiloh neighborhood. - As part of the facility’s rehabilitation and expansion, VOA is requesting a $1.5 million loan from the Housing Trust Fund with 2% interest, deferred for a period of 30 years to help finance the project. - Total repayment to the Housing Trust Fund at maturity is estimated at $2,717,042. - VOA provides affordable housing to seniors at the Laurel Wood Apartments and will continue to serve this population with the expanded facility. - Laurel Wood Apartments currently provides affordable rental housing to individuals aged 62 and above. - Following the facility expansion, housing will be made available to individuals aged 55 and above. - Upon completion, the project will comprise 104 total units. - The rehabilitation and expansion project will result in the rehabilitation of 50 existing one bedroom units and the construction of 54 new units that will be a mixture of one bedroom and two bedroom units. Proposal - The rents will range in affordability from 40% of (Area Median Income) AMI to 80% of AMI, the average rent will be 60% of AMI - VOA’s $1.5 million Housing Trust Fund request represents 6.6% of proposed total development costs. - The timeline for the project includes starting construction late fall 2022 and completing construction in spring 2024. - 12 of the new units will be set aside for project-based vouchers. Unit Mix/Affordability/Accessibility Matrix Count Bedrooms Bathrooms SF % of AMI 15 1BDR 1BATH 560 40% 35 1BDR 1BATH 560 50% 8* 1BDR 1BATH 660 60%  27* 1BDR 1BATH 660 80% 7** 1BDR 1BATH 660 60% 5** 2BDR 2BATH 900 40% 5* 2BDR 2BATH 900 80% 2* 2BDR 2BATH 900 60% New Construction **New Construction and set aside for Housing Choice Voucher holder Permanent Financing Source Amount Terms Percentage of Total Development Costs 1st Permanent Mortgage Boston Capital $8,370,000 16 year, 5% 36.87% 2nd Mortgage Asheville HTF 1,500,000 30 year, 2%, deferred 6.61 3rd Mortgage Buncombe County Loan 800,000 20 year, 2%, deferred 3.52 LIHTC Syndication Proceeds Boston Capital 8,857,282 In perpetuity, low income affordability compliance 39.01 Seller Note 2,610,000 In perpetuity - Concurrent with LIHTC low income affordability compliance 11.5 Deferred Developer Fee 563,159 To be paid according to NCHFA guidelines 2.49 Total $22,700,441 100% Housing Trust Fund Policy Compliance Generally, the application falls within the Housing Trust Fund Policy. The developer is requesting special terms, and the average income of the project is at 60% AMI. The one exception to the policy is that the amount requested is above the current $1 million cap in the policy. 1. Maximum Loan Amount: The maximum loan amount available to each developer from the Housing Trust Fund is $20,000 per affordable unit, and the maximum loan per project is  $1,000,000, unless otherwise approved by City Council due to unique features in the project that warrant terms outside of this policy (i.e. permanent affordability, location efficiency, etc.). - The per unit subsidy is $14,300 if the loan is spread to cover the construction total of 104 units.  Committee(s): - Housing & Community Development - 9-20-22 - 3-0 to move to City Council Pro(s): - This funding will support the development of affordable housing units in the City. - Affordability period will be in perpetuity - This project aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental housing affordable to 60% AMI and below. Con(s): - The project exceeds the current $1 million cap in the Housing Trust Fund Policy. Fiscal Impact: - Staff estimates that the current available balance in the Housing Trust Fund is approximately $2.15 million. - If City Council approves this $1.5 million appropriation there will be an estimated available balance of approximately $650,000. - Staff expects the previous Restaurant Court/Beaucatcher Vistas project funding to be rescinded, which would add $1 million to the total available funds, for a total of $1.65 million. Staff Recommendation: Staff recommends approval based on the following: - Refurbishment of an existing 50 unit, affordable senior housing facility (will serve households aged 55 and over after the rehabilitation and expansion project is complete) that has operated successfully for three decades - Construction of 54 new affordable units - Set-aside of twelve new construction units for project based vouchers. - Asheville HTF loan will represent 6.6% of total development costs. - VOA is a longstanding affordable housing owner/operator in our community with a proven track record nationwide. Mr. Lynn said the key takeaways from this presentation are (1) Volunteers of America (VOA) is requesting $1,500,000 for a Low Income Housing Tax Credit (LIHTC) project at 650 Caribou Road; (2) VOA is requesting a loan with 2% interest and deferred for a period of 30 years, secured with a Deed of Trust; (3) Project is 100% affordable with 54 new units and 51 existing units (total of 104 units plus a property manager unit), with a mix of incomes at 80% Area Median Income (AMI) and below; (4) The developer has engaged the Shiloh neighborhood and made adjustments to their site plan in response to the feedback received; and (5) Staff recommends approval by City Council. Regarding the background, (1) The Laurel Wood Apartment Project will build 54 new affordable rental apartments and renovate 51 existing units in the Shiloh neighborhood (one existing unit is for the property manager); (2) The site comprises 14.73 acres; (3) The units will be a mix of 1 and 2 bedroom; and (4) The project is 100% affordable, with an affordability mix ranging from 40% AMI to 80% AMI. Regarding the request for  funding, (1) Laurel Wood Apartments provides housing for seniors and will continue to serve this population following the rehabilitation and expansion project - Upon project completion, the population served will be households aged 55+; (2) Volunteers of America is requesting a loan of $1.5 million with 2% interest and deferred for a period of 30 years, secured with a Deed of Trust - $2,717,042 in principal and interest would be due at maturity; and (3) The affordability period will be in perpetuity. Using a chart, he showed the proposed units and income mix; along with proposed sources of funding. Analysis of the Housing Trust Fund policy is (1) Project is renovating 50 existing units and constructing an additional 54 units, resulting in 104 total units that are 100% affordable serving households aged 55+ - The project also includes one existing manager unit, which will also be rehabilitated; (2) Affordability period will be in perpetuity; (3) Under the current proposal for $1.5 million, the subsidy is $27,777 per unit if only counting the new construction units. The subsidy is $14,400 if counting 104 units; (4) The City’s portion of the total development costs represents 6.6%, which is good leverage of City dollars; (5) At loan maturity date, repayment of funds will total $2,717,042; and (6) Under the Housing Trust Fund Policy, special terms are available to projects where 100% of the units are for households at or below 60% AMI (a) This project has 30% of the units for those at 80% AMI; and (b) The average income of residents is 60% AMI, complying with North Carolina Housing Finance Agency guidelines. The exception is the updated request is over the $1 million Housing Trust Fund Policy cap. He said the Housing and Community Development Committee reviewed the request on Tuesday, September 20, and voted 3-0 in favor of the Housing Trust Fund request. Staff recommends approval based on the following: (1) Refurbishment of an existing 51 unit, senior affordable housing facility (will serve households aged 55+ after construction) that has operated successfully for three decades; (2) Construction of 54 new affordable units; (3) Set-aside of six new construction units for Housing Choice Voucher holders; (4) The requested City of Asheville HTF loan will comprise 6.6% of total development costs; and (5) VOA is a longstanding affordable housing owner/operator in our community with a proven track record. When Councilwoman Roney acknowledged that VOA is meeting the minimum requirements for providing vouchers, she asked if VOA would be willing to provide 100% vouchers for 60% AMI and below, Ms. Noemi B. Riveira, representing VOA, said that they have a commitment under their financing for vouchers for 12 units. Councilwoman Turner said that the Housing & Community Development Committee will be amending the Housing Trust Fund Policy, and the number of vouchers and the cap for funds will be topics during those discussions. PUBLIC HEARING TO CONDITIONALLY ZONE 650 CARIBOU ROAD (LAUREL WOODS II) FROM RM-8 RESIDENTIAL MULTI-FAMILY MEDIUM DENSITY DISTRICT TO RESIDENTIAL EXPANSION/CONDITION ZONE","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2022-09-27","mt":"regular","id":"J","ref":"RES 22-221","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The U.S. Department of Housing and Urban Development (HUD) Continuum of Care program provides federal resources to local communities for homeless and housing programs. - Communities access funding by applying together through a designated lead agency, called the Collaborative Applicant. - The City of Asheville is the Collaborative Applicant for the NC-501 Asheville-Buncombe Continuum of Care, and is responsible for submitting the Consolidated Application to HUD, which consists of individual project applications submitted by local agencies and a narrative application describing the community’s collective efforts to end homelessness. - Each Continuum of Care has a designated Governance Board responsible for reviewing and ranking local project applications and making funding recommendations to HUD. - The Homeless Initiative Advisory Committee (HIAC) serves as the Governance Board for the NC-501 Asheville-Buncombe Continuum of Care. - The notice of funding opportunity was posted on the City’s website August 8, 2022 and distributed widely. - Project applications were received from Homeward Bound, Helpmate, and the City of Asheville. - Project applications were reviewed, scored, and ranked by the Finance Workgroup of HIAC. - At its September 13, 2022 meeting, HIAC unanimously approved the Finance Workgroup’s recommendation to submit project applications totalling $1,977,474 to HUD. - The recommendation includes renewal funding of existing grants awarded to the City of Asheville to operate the Homeless Management Information System on behalf of the  community ($63,744) and a non-competitive Planning Grant to fulfill its duties as Collaborative Applicant ($55,034). Vendor Outreach Efforts: - N/A  Committee(s): - Homeless Initiative Advisory Committee - unanimously voted to approve the Consolidated Application, including recommending specific funding amounts for each applicant, at its September 13, 2022 called meeting. Pro(s): - Renews federal resources for housing programs that help people exit homelessness - Supports Council priority on Houselessness Strategies Con(s): - None noted Fiscal Impact: - If awarded, the City will receive $55,034 in Planning costs to fulfill its role as CoC Lead and $63,744 to operate the Homeless Management Information System (HMIS). - Both grants are renewals of existing funding. - These grants are budgeted as part of the annual budget process.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-09-27","mt":"regular","id":"K","ref":"RES 22-222","it":"resolution","t":"Resolution approving in principle the financing of certain improvements","desc":"Background: - Battery Park (TC2) Senior Housing Limited Partnership (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $20,000,000 in multifamily housing revenue bonds for the acquisition and rehabilitation of Battery Park Apartments. - Battery Park is a 100% subsidized senior housing community for residents aged 62 and older, located at 1 Battle Square in downtown Asheville, consisting of one, 14-story building with 122 affordable apartments (113 one-bedrooms and 9 two-bedrooms). - The building was originally constructed in the early 1920s as the Battery Park Hotel and underwent an extensive adaptive reuse in the 1980s to allow for affordable housing. - The property has been listed on the National Register of Historic Places since 1977. - The property has been well maintained and managed by National Church Residences, but has not undergone a substantial renovation since 2005. - The rehabilitation will address critical capital needs of the building to improve safety, accessibility and extend its useful life. - All 122 units at Battery Park are currently, and will continue to be, covered by a long-term Section 8 Housing Assistance Payment project-based subsidy making them affordable to households at and below 60% AMI. - Construction is scheduled to commence in September 2022 and will have a duration of approximately 16 months. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as this have the financing plan approved by the City Council, following a public hearing with respect to such plan. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. Council Goals: - Quality Affordable Housing Pro(s): - 122 units of affordable senior housing will be preserved and renovated. Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-09-27","mt":"regular","id":"V-A","ref":"RES 22-224","it":"resolution","t":"Unfinished Business - authorize City Manager to start discussion about naming the park (Candice Pickens)","desc":"City Attorney Branham said that this is the consideration of adoption of a resolution authorizing the City Manager to enter into an interlocal agreement with Asheville City Board of Education regarding the maintenance of donated playground equipment at Jones Park. Background: - The Asheville City Board of Education approved an interlocal agreement on September, 19, 2022 to establish the responsibilities of each party related to the ownership, installation, & maintenance of donated playground equipment at Jones Park. - The Asheville CIty Board of Education owns property located at 544 Kimberly Avenue, Asheville North Carolina, 28804 commonly known as \"Jones Park,\" - Community members have offered to make a financial donation to the School Board to be used exclusively for construction of the playground equipment at Jones Park in its entirety. - The School Board agreed to appoint Buncombe County (\"County\") as its agent for construction activities including all necessary bidding and construction activities for the renovation of the playground. - Upon completion of the installation of the playground the City agrees to oversee maintenance and repair of the playground equipment for a period of 20 years. - The School Board will continue to maintain the grounds inside and outside of Jones Park (i.e., mowing, trash) - The City shall maintain adequate property & casualty insurances for any playground equipment installed at Jones Park Vendor Outreach Efforts: - Not applicable  Committee(s): - None Pro(s): - Establishes the expectations for the responsibility of the City as they relate to the ownership, installation, & maintenance of donated playground equipment at Jones Park. - Supports City Council’s FY 2022-23 Neighborhood Resilience and Improve and Expand Core Services priorities through partnership with the Asheville City Board of Education. Con(s): - Funding was not planned in the FY23 budget for maintenance of Jones Playground. - Places liability on the City for playground equipment Fiscal Impact: - Any maintenance required for this playground equipment will be funded from within the existing Parks & Recreation operating budget. City Attorney Branham said the key takeaways from this presentation will be (1) Proposed Interlocal Agreement between the City of Asheville and the Asheville City Board of Education (“ACS”) will allow for the construction and ongoing maintenance of the playground; (2) Construction of the new playground will be managed by Buncombe County, and the land will continue to be owned by ACS; (3) The cost of construction will be funded fully by private donations; and (4) The City’s responsibility will be limited to maintenance of the playground equipment until the end of the useful life of the equipment and removal thereafter. The background is that (1) The Jones Park playground previously was located on property owned by Asheville City Schools (ACS) near the Ira B. Jones School; (2) The playground was removed due to safety and maintenance concerns in 2021; (3) Thereafter, community members offered to make a financial donation to ACS to fully fund the construction of a new playground at this site:  (4) The Asheville City Board of Education voted unanimously last week to enter into an interlocal agreement with the City of Asheville to construct a new playground and ensure its maintenance for the useful life of the equipment; and (5) City staff, including representatives from Parks and Recreation as well as the City Attorney’s Office have reviewed the terms of the agreement and support it. Regarding the interlocal agreement terms (1) ACS will accept the private donation to fund the playground construction; (2) Selection of the construction firm and oversight of the work will be managed by Buncombe County pursuant to existing agreements with ACS; (3) ACS will continue to own the property including land and the playground equipment; (4) Upon completion of construction, the City of Asheville will assume responsibilities for maintenance of the playground equipment consistent with Parks’ policies and procedures; (5) The City of Asheville will be responsible for removal of the equipment at the end of its useful life (estimated to be 20 years), unless agreement is determined by ACS; (6) ACS will continue to be responsible for mowing, trash removal, and mulch replacement; (7) City’s liability will be limited to any damages resulting from use of the playground equipment; (8) NOTE: City also maintains the authority to jointly approve the playground design; (9) Either party may terminate the agreement with 180 days notice, but will incur responsibility for equipment removal; and (10) At the end of the useful life of the equipment, and removal, the City will have no further responsibility for Jones Park or the playground. Regarding the City of Asheville’s financial considerations, (1) City of Asheville will maintain adequate property & casualty insurances for any playground equipment installed; (2) Playground equipment maintenance will be funded from the existing Parks & Recreation operating budget; (3) Removal costs are unknown at this time, but the recent playground removal costs were approximately $10,000; and (4) City incurs no costs for construction or site maintenance beyond the equipment itself. Councilwoman Mosley reiterated the horrific story of Candice Pickens (23 years old) and her 3-year old son Zachaeus who were shot at Jones Park on May 11, 2016. Unfortunately Ms. Pickens died, but her son lived after being shot in the face. When she thinks of Jones Park, she remembers Candice and her son. She suggested some type of memorial for her at the site. She was surprised at the pushback at this request, especially since we pride ourselves as being a community of being open, inclusive and since we talk alot about the need for equity. When this issue about maintaining Jones Park was approved by the School Board, two members wanted to start a discussion about naming the park. Therefore, she moved to authorize the City Manager to enter into an interlocal agreement with Asheville City Board of Education regarding the construction and maintenance of a playground at Jones Park and that the Park be renamed after Candice Pickens. This motion was seconded by Vice-Mayor Smith. Mayor Manheimer wanted to make it clear that Jones Park remains school property and that the Asheville City Board of Education will have to make the ultimate decision on the naming after it moves through their naming process. Three individuals spoke in support, and one in opposition, of the City maintaining the donated playground equipment at Jones Park. Ms. Keesha Martinez, mother of Candice Pickens and grandmother to Zachaeus, spoke about Candice’s fine qualities and how she made a positive impact on others. She would be honored to have Jones Park named after her daughter. Councilwoman Roney thanked Councilwoman Mosley for leadership with the renaming amendment. For anyone questioning this action, this is an example of cross-jurisdiction leadership to advance partnerships with our neighborhoods, which is an example of what our community expects us to do. Next, a path to do the same might be plainly outlined for Walton Street, Ravenscroft Reserve, and community gardens. This is an example of important work well done.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read. The motion made by Councilwoman Mosley and seconded by Vice-Mayor Smith carried unanimously.","c":"Parks & Recreation","mo":"individual","mv":"Mosley","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":1,"mr":"involves money or contract","sq":13},{"d":"2022-09-27","mt":"regular","id":"VI-A","ref":"","it":"motion","t":"Approve the Water Resources Department's 10-Year Capital Improvement forecast","desc":"Department’s 10-year Capital Improvement forecast. This motion was seconded by Councilwoman Mosley and carried unanimously.","c":"Utilities & Infrastructure","mo":"individual","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/15aWJNegsESQ-TaodZGoa8gJskJ6LUHSn/view?usp=sharing","mat":0,"mr":"no material signals","sq":14},{"d":"2022-10-11","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on September 27, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-10-11","mt":"regular","id":"B","ref":"RES 22-225","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The West End/Clingman Avenue Neighborhood (WECAN) has been providing vegetation control services along the subject properties (see map section) for many years. - The purpose of the subject action is intended to solidify and document the partnership between the NCDOT, the City, and WECAN. - The NCDOT prefers to only enter maintenance agreements with another governmental entity. - The City agrees to be that governmental entity and partner with WECAN to provide the appropriate vegetation control. - WECAN agrees to continue to provide vegetation control services along the subject properties (see map section) on behalf of the City (WECAN typically spends about $5,200 per year including volunteer labor at an hourly rate of $25).  Committee(s): - None Fiscal Impact: - This action requires no City resources and has no fiscal impact as long as WECAN continues maintenance activities.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-10-11","mt":"regular","id":"C","ref":"RES 22-226","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The City performed a traffic signal warrants study at the intersection of SR 3284 (South Charlotte Street) and Martin Luther King Drive and determined that a traffic signal was warranted and it would be effective. - Since South Charlotte Street is a state-maintained street, the NCDOT agreed that a traffic signal was warranted at the intersection of SR 3284 (South Charlotte Street) and Martin Luther King Drive. - The City is responsible to fully fund the traffic signal including design, materials, and installation. - Design and construction funds were approved in the FY 2021-22 adopted budget. - The project includes pedestrian signals and crosswalks. - The NCDOT will review the designs and inspect the work during the construction phase. - Upon completion of the project, the NCDOT will own and maintain the traffic signal.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-10-11","mt":"regular","id":"D","ref":"RES 22-227","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The HCCA chiller service has been under contract with Daikin Applied Americas Inc. since August 11, 2017. The current contract expires on July, 31, 2023. - HCCA recently upgraded Building Management System software, to assist with controls of the facility HVAC systems. - This software creates a more energy efficient operation and reduces required on-site manpower during off hours. - The current chiller at HCCA is nearly 25 years old and can not ‘communicate’ with the new software, resulting in a requirement for staff to physically turn on, off and adjust building temperature at the chiller unit. - Repairs and upgrades will allow for more energy efficient operation and extend the useful life of the chiller by approximately 15-20 years of additional service. - A brand new chiller would cost approximately $1.7 Million, therefore this repair and upgrade option is recommended.  Fiscal Impact: - Funding for this work is available in the HCCA Capital Projects Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-10-11","mt":"regular","id":"E","ref":"RES 22-228","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The City’s Parks Maintenance Division is currently located at 8 Hunt Hill Place. - 81 Thompson Street has been identified as a preferred alternative to house the Parks Maintenance Division. - Located along the Swannanoa River, the parcel at 81 Thompson Street was jointly purchased by NCDOT and the City of Asheville in 2005 to support a future implementation of a multi-modal transportation and passenger rail station. - Norfolk Southern Railroad has an active rail line along the rear property line. - NCDOT’s Rail Division owns 90% of 81 Thompson Street (PIN #9648-70-6712) and the City of Asheville owns a 10% share of the property. - For over ten years, G3 Medical, a medical supply company has been leasing the facility. - They have recently terminated the lease and vacated the facility. - The facility is a mix of office and warehouse space for a total of 18,456 square feet. - The City of Asheville has offered to lease the facility from the NCDOT Rail Division for $8.00 per square foot with a 10% discount applied because of the City’s ownership share. - This would equate to $7.20 per square foot, or $11,073.60 per month or $132,883.20 per year. - The rent rate would increase 2% per year. - The City has agreed to replace the roof of the facility. - In return, the City will receive rent credit until the total cost is satisfied. - The proposed term of the lease is for a period of 10 years with the option to renew for one additional five year period.  Fiscal Impact: - Funding for this lease was budgeted and is available in the Parks and Recreation Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-10-11","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope plan - motion to continue the public hearing","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":1,"mr":"ordinance/rezoning","sq":5},{"d":"2022-10-11","mt":"regular","id":"IV-B","ref":"ORD 4793","it":"ordinance","t":"Conditionally zone 100, 54 & 99999 Woodland Dr from RM-8 to Residential Expansion/CZ (add 2 EV charging stations)","desc":"99999 (x3) WOODLAND DRIVE FROM RM-8 RESIDENTIAL MULTI-FAMILY MEDIUM DENSITY DISTRICT TO RESIDENTIAL EXPANSION/CONDITIONAL ZONE Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 100, 54 & 99999 (x3) Woodland Drive from RM-8 Residential Multi-Family Medium Density District to Residential Expansion/Conditional Zone. This public hearing was advertised on September 30 and October 7, 2022. The project site totals 9.12 acres located at Woodland Dr (PINs 9628-44-0165, 9628-43-2859, 9628-43-1782, 9628-33-8790, and 9628-33-8499). Owner: Birch Circle Associates LLC. The site is currently zoned Residential Multi-Family Medium Density (RM-8). Given the size of the project (over 50 residential dwelling units), a conditional zoning to the Residential Expansion (RES EXP) district is required. The site is designated “Residential Neighborhood” on the city’s Future Land Use (FLU) Map. Overall Project Proposal: New building construction includes 72 dwelling units located across 10 groups of two-story, attached townhomes. The proposed development represents a type of “missing middle” housing. The project proposes to subdivide the site into individual parcels for each townhouse. Other site improvements include a new roadway, off-street parking, sidewalks, a gravel walking path, and a community area and proposed playground. 5% of the units (4 units) will be designated affordable to those earning at or below 80% Area Median Income (AMI) for a minimum of 20 years. 50% of those affordable units (2 units) will accept HACA Housing Choice vouchers. Committee(s): - Technical Review Committee (TRC) - June 6, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - July 6, 2022 - continued to 8/3 PZC meeting. - Planning & Zoning Commission (PZC) - August 3, 2022 - continued to 9/7 PZC meeting. - Planning & Zoning Commission (PZC) - September 21, 2022 - no recommendation given, motion to approve failed with a tie vote (2-2). Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed with Council the existing zoning, proposed zoning, aerial imagery and the future land use map. Changes to the project since the October 5 Planning & Zoning Commission meeting include (1) 10% affordable units (7 units) with half (4 units) accepting housing choice vouchers - that is an increase from 5% affordable units (4 units) with half (2 units) accepting housing code vouchers; and (2) updated architectural renderings with improved design characteristics and materials proposed. Councilwoman Roney felt that this is a car centric project, which has a garage in every spot, not enough sidewalks and no bike lanes. In response to Councilwoman Roney about what are the opportunities for renewable energy, Mr. Derek Allen, attorney representing the developer said that the developer is committed to add two vehicle charging stations and they are working with a solar consultant to look at solar as an option on all their projects. Mr. Allen spoke in support of the project, noting that the project will assist with the missing middle housing shortage. Mayor Manheimer opened the public hearing at 6:06 p.m. Three individuals spoke in opposition to the conditional zoning for several reasons, some being, but are not limited to: the Sulphur Springs Neighborhood Association views the Woodland Development Plan as inconsistent with overarching goals explicitly stated in Asheville's current Comprehensive Development Plan; provides almost no affordable housing; makes the Sulphur Springs Neighborhood less walkable and bikeable; provides minimal access to and discourages use of public transit; provides no green stormwater infrastructure; proposes infill housing incompatible with traditional Sulphur Springs Neighborhood; and contributes to worsening traffic safety and congestion. Two individuals spoke in support of the conditional zoning for several reasons, some being, but are not limited to: this project is missing middle housing we so desperately need. Mayor Manheimer closed the public hearing at 6:34 p.m. Mayor Manheimer said that this proposal is extremely challenging for her, but she would support the conditional zoning. Councilwoman Turner pointed out the crisis with affordable housing and felt this is a step towards greater density.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":1,"mr":"contested vote","sq":6},{"d":"2022-10-11","mt":"regular","id":"V-A-1","ref":"","it":"ordinance","t":"Plastic regulation - revise Chapter 15 of City Code to prohibit plastic bags for curbside leaf litter collection (Phase I)","desc":". This motion was seconded by Councilwoman Wisler and carried unanimously.","c":"Administrative","mo":"individual","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"no material signals","sq":7},{"d":"2022-10-11","mt":"regular","id":"V-A-2","ref":"","it":"motion","t":"Plastic regulation - direct staff to further address public input (Phase II)","desc":"","c":"Administrative","mo":"individual","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"no material signals","sq":8},{"d":"2022-10-11","mt":"regular","id":"V-B-1","ref":"RES 22-229","it":"resolution","t":"Appoint Sherree Lucas as member of the African American Heritage Commission","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"no material signals","sq":9},{"d":"2022-10-11","mt":"regular","id":"V-B-2","ref":"RES 22-230","it":"resolution","t":"Appoint Robin Cape as Chair to the ABC Board","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"no material signals","sq":10},{"d":"2022-10-11","mt":"regular","id":"V-B-3","ref":"RES 22-231","it":"resolution","t":"Appoint Ellen Katherin and Donald Post as members; readvertise three vacancies","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17W2vjA300-8uy9-EF3WbJcSdBiJBXgbt/view?usp=sharing","mat":0,"mr":"no material signals","sq":11},{"d":"2022-10-25","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on October 11, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-10-25","mt":"regular","id":"B","ref":"ORD 4974","it":"ordinance","t":"Budget amendment for asphalt patch truck","desc":"Background: - The adopted Fiscal Year 2022-23 budget established for machinery and equipment in the Street Cut Utility Fund was $140,000. - This original budget was intended to only replace the body of an existing truck. - After budget adoption, it was determined that the accumulated maintenance costs along with the extended lead time for replacement warrants an entire truck replacement. - The truck and body replacement are available through a cooperative agreement at a total cost of $258,965, requiring an additional $120,000. - The Street Cut Utility Fund is budgeted on a cost recovery basis. - All work is performed for and paid by the partners of the Utility Cut program. - These partners are City of Asheville (COA) Water Resources, COA Stormwater Division, Metropolitan Sewerage District (MSD), and Dominion Energy.  Committee(s): - None Pro(s): - This budget amendment will allow the Street Cut Utility Fund to purchase the needed equipment for the required asphalt work to return the roadway to a usable state after utility work is performed. Con(s): - Additional debt payments will be passed on to the partners in the Utility Cut program.  Fiscal Impact: - An additional $120,000 in short-term equipment debt will be incurred by the City and ultimately billed to the partners of the program.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-10-25","mt":"regular","id":"C","ref":"RES 22-232","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - Heavy rains in July caused slope failures on Bent Tree and Crestwood Roads. - Public Works staff performed temporary repairs to the slides, but a permanent solution will be required. - The Request for Qualifications was advertised on July 15, 2022, and responses were due by August 4, 2022. - This contract falls under the mini-brooks act, which requires the City to select engineering and architecture firms based upon their competency, qualifications and experience rather than by price. - Three responses to the RFQ were received: Gannett Fleming, Inc. of Asheville, NC Vaughn and Melton Consulting Engineers, Inc. of Asheville, NC ECS Southeast, LLP of Asheville, NC - ECS Southeast, LLP received the highest score from the scoring committee. - The scoring committee consisted of representatives from the Public Works and Capital Projects Departments. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the City of Asheville list of certified MWBE business, the NC Historically Underutilized Business database, and the NCDOT MWBE database for potential contractors. - Three companies from an identified disparity group were found in the ten-county plus Mecklenburg area and staff directly contacted those companies. - The companies did not submit a response.  Committee(s): - None  Pro(s): - This contract will provide a design to stabilize Bent Tree and Crestwood Roads. - Successful completion of the project will assure the continuation of emergency response access and core service delivery to the community. Con(s): - None Fiscal Impact: - Funding for this contract will come from the FY23 Capital Improvement Program (CIP) contingency budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-10-25","mt":"regular","id":"D","ref":"RES 22-233 / ORD 4975","it":"resolution","t":"Woodfield River Arts - resolution and budget amendment to appropriate fund balance","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-10-25","mt":"regular","id":"D2","ref":"RES 22-234","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - Woodfield River Arts, LLC is constructing a mixed use development on the former site of Dave’s Steel at the corner of Clingman Avenue Extension and Roberts Street. - This is a three acre site which will have 237 residential units and 362 parking spaces. Approximately 19,000 square feet of retail/commercial/restaurant space will also be available upon project completion. - The project involves raising the vertical height of Roberts Street and installing stormwater drainage improvements that will provide additional capacity for conveyance through this area. - The project will install approximately 600 linear feet of regional stormwater culvert and Council is considering a public / private partnership for a portion of these improvements located in the right-of-way of Roberts Street. - Site limitations necessitate the construction of retaining walls on Clingman Avenue Extension and Artful Way. - To secure the walls, improvements need to be made that extend onto the City’s right-of-way under the roadway on Artful Way. - Additional improvements are needed in order to complete the project on Clingman Extension that encroach onto the City right-of-way. - In order to conduct this work, two subsurface easements are needed. - The compensation for the two easements has been calculated based on the tax appraised value of the property and discounted by 50% due to the easements being subsurface, for a total value of $12,848 as fair market consideration for said easements.  Committee(s): - None Pro(s): - This project will construct stormwater infrastructure improvements within the public right-of-way. - The easement within Artful Way is a public benefit as well in that the soil nail wall proposed will stabilize the slope between the property and Artful Way where there have been small slope failures in the recent past. Con(s): - Construction requires subsurface easements in the City’s right-of-way. Fiscal Impact: - The City will be compensated $12,848 for granting the easements, generating additional revenue for the General Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-10-25","mt":"regular","id":"E","ref":"RES 22-235 / ORD 4976","it":"resolution","t":"Resolution and budget amendment to accept grant","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-10-25","mt":"regular","id":"F","ref":"RES 22-236","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The City of Asheville requires a financial advisor of record for the purpose of reviewing, evaluating, planning, developing, administering, soliciting, structuring, negotiating, and otherwise assisting the City in its financial responsibilities related to municipal debt. - DEC Associates, Inc. has assisted the City with financial modeling, debt issuance, marketing of securities, and other financial services since 2014. - DEC Associates, Inc. utilizes a complex model and the continued use of this firm maintains continuity in the management of the City’s debt model. - The current contract with DEC Associates, Inc. in the amount of $500,000 was approved by City Council via Resolution 19-220 on September 24, 2019 with a five-year term ending in September 2024. - Staff is requesting that City Council approve a change order to add an additional $300,000 to the contract for expected services over the next two years of the contract term. - These services will include assistance with upcoming debt issuances for the remaining 2016 General Obligation (GO) bonds, Water Revenue Bonds associated with the automated meter reader project, equipment loans, and other Limited Obligation (LOBs) Bonds as part of the ongoing Capital Improvement Program (CIP).  Committee(s): - None Pro(s): - Contracting with this company provides outside expertise that enhances the City’s financial management; and - Statute requires a financial firm of record if issuing new debt. Con(s): - None. Fiscal Impact: - Expenses incurred each fiscal year for services rendered as part of this not-to-exceed, multi-year contract will be funded through the annual Capital Improvement Program (CIP) and Debt Model allocation.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-10-25","mt":"regular","id":"G","ref":"RES 22-237","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - In September 2019, the City adopted a maintenance agreement with Everbridge, Inc. (Resolution No. 19-219). - In addition to emergency communications, Everbrdige allows the City of Asheville to contact residents via text message, phone message, and/or email with important information (e.g. boil water advisories) based on where they live. - Residents can also “opt-in” for additional communications through the AVL Alert registration process accessible through the City of Asheville’s website. - Our current contract with Everbridge, Inc. will be up for renewal on November 12, 2022. - The proposed renegotiated contract has a term of five years with a locked-in rate of $32,544.75 per year. This represents a 5% increase from the previous annual cost of $30,995 and will stay fixed through 2027. - The proposed agreement for the renegotiated contract is from November 13, 2022 until November 12, 2027; with a total cost to the City of $162,723.75. Vendor Outreach Efforts: - Everbridge Inc. has been contracted to support and maintain the City’s Emergency Notification System by the City of Asheville since November 2014. - A competitive Request for Proposals was used in 2014 for the initial contract. - The selection process involved the North Carolina Purchasing System and the City’s website. - This request is to amend the Service Agreement.  Committee(s): - N/A Pro(s): - The City has been using Everbridge, Inc. since November 2014, and staff are familiar with its strengths, limitations, and support process. - Community members receive important information (e.g. water boil advisories, emergency alerts) in a timely manner and through multiple communication channels. - This agreement will support the City's Emergency Notification System. Con(s): - None noted. Fiscal Impact: - Funding for the first year of this contract is available in the Fire Department (General Fund) and Water Resources Fund operating budgets. - Funding for future years will be planned for during the annual budget development process.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-10-25","mt":"regular","id":"H","ref":"RES 22-238","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract","desc":"Background: - The City of Asheville owns real property at PIN #9648-56-7004 and 9648-55-8749 whose address is 166 Reservoir Road. - The City owns a telecommunications tower that is located on the site, known as the Lower White Fawn tower. - The City uses the tower for public safety equipment and licenses the use of extra space to private telecommunications companies. - In 2017, the City executed a license agreement with New Cingular Wireless, PCS, LLC and the current term extends through 2032. - As part of the original 2017 agreement, New Cingular Wireless paid for the demolition and construction of a new tower to replace the old Lower White Fawn Tower. - The total cost ($204,534.00) was converted to rent credit. - At present, New Cingular Wireless requests to install additional equipment onto the tower. - Based on the increase of three additional antennas to the tower, staff recommends an increase to the rental rate of $150 for each additional antenna. - In this case, that would result in an increase of $450 per month. - The current rent of $3,517.22 per month will increase to $4,072.73 per month (including the additional space and escalation). - The new monthly rental amount will continue to be credited to New Cingular Wireless until the total cost of the new tower is reached, at which point New Cingular Wireless will begin paying the monthly rental fee to the City. - Based on the request to add equipment, New Cingular Wireless was required to perform a structural analysis to determine if the tower was able to sustain the modifications that are proposed and the modifications are allowed.  Committee(s): - None Pro(s): - The presence of New Cingular Wireless on the tower increases the value of this asset and provides revenue to the City. Con(s): - Additional load has been added to the tower. Fiscal Impact: - There is no immediate fiscal impact. - Once the rent credit concludes (during FY 2023-24), the City will receive an additional $5,400 each year of the lease term.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-10-25","mt":"regular","id":"IV-A","ref":"ORD 4977","it":"ordinance","t":"Public hearing - ordinance designating Walton Street Park & Pool as a local historic landmark","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance designating property known as the Walton Street Pool & Poolhouse, located at 570 Walton Street, Asheville, N.C., as a local historic landmark. This public hearing was advertised on October 14 and 21, 2022. Project Location and Contacts: - The designation site consists of a 4.37 acre parcel located at 570 Walton Street (PIN 9648.12-2845) owned by the City of Asheville. - Petitioners/Applicant: Josi Ward, Historic Preservation Consultant (Foreground Consulting)/Preservation Society of Asheville & Buncombe County Summary of Petition: - The subject property consists of a 4.37 acre parcel located on Walton Street within the Southside Neighborhood. - The property contains a swimming pool and associated bathhouse, a basketball court, softball field, picnic shelter, playground area, and an asphalt parking lot. - Walton Street Park was established by the City of Asheville and the Works Progress Administration (WPA), and was constructed in 1938-1939 and opened to the public in  June 1939; - the Walton Street Pool was completed in the fall of 1947; - the Poolhouse was completed in 1948 and - the Pool and Poolhouse opened to the public in June 1948 - A study of the subject property was conducted by the applicant, and it was determined that the Walton Street Park & Pool are significant for being the sole municipal park and swimming area for Asheville's Black population, and are thus associated with events that have contributed significantly to the history of Asheville and Buncombe County; areas of significance include: - Black ethnic heritage, - Entertainment/Recreation, and - Social History - The park complex retains the arrangement of features established during the period of significance (1939-1972). - The park, pool, and bathhouse retain integrity of the location, setting, association, feeling, workmanship, and design. - The proposed designation includes the entire park parcel, swimming pool, and exterior of the bathhouse. - Pursuant to N.C. General Statutes 160D-945 and 160-946, and UDO Ch. 8-5 and 8-6, the Historic Resources Commission has found the subject property to be of special significance in terms of its historical, prehistoric, architectural, or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association, and recommends in favor of local historic landmark designation. - Local historic landmark designation dictates that any future alteration of the site and/or site features will require review by the Historic Resources Commission for a Certificate of Appropriateness. Comprehensive Plan Consistency: - This action aligns with Goal 7 (Celebrate the Unique Identify of Neighborhoods Through Creative Placemaking) and Goal 8 (Elevate the Arts and Cultural Sectors to Strengthen and Preserve Heritage and History) of the Living Asheville Comprehensive Plan by continuing to support stewardship and preservation of historic properties and by celebrating and honoring the City’s cultural and historic resources. - This proposal also aligns with the 2036 Council Vision in the “Well-Planned and Livable Community” area. - The local historic landmark designation would preserve a historic place that greatly contributes to Asheville’s historic and cultural history. Fiscal Impact: - None.  Committee(s): - Historic Resources Commission - October 12, 2022 - unanimously recommended approval - African American Heritage Commission - September 8, 2022 - unanimously recommended approval Staff Recommendation: - Staff finds that the proposed local historic landmark designation has special historic and cultural significance, and is compatible with the Living Asheville Comprehensive Plan and the Historic Preservation Master Plan. - The African American Heritage Commission reviewed this proposed designation on September 8, 2022 and the Historic Resources Commission reviewed this proposed designation on October 12, 2022. - Both commissions voted unanimously in favor of the landmark designation and recommended Asheville City Council approval of this local historic landmark designation application. Mr. Palmquist outlined the following key takeaways from this presentation (1) Walton Street Park & Pool were identified as significant historic resources as part of the African American Heritage Research Survey; (2) Planning & Urban Design (PUD) received Local Landmark application from The Preservation Society of Asheville & Buncombe County (PSABC) in early 2022; (3) Parks and PUD partnered to engage the community in an effort to get input on improved park amenities and to gauge support for historic designation over the past 6+ months; (4) Walton Street Park & Pool have contributed significantly to the history of Asheville and Buncombe County; areas of significance include Black ethnic heritage, entertainment/recreation and social history; (5) Based on survey results, community members support both Local Landmark and National Register designation; and (6) Local Landmark designation would ensure that the historic character of the park and pool are retained. He reviewed the landmark designation process. Regarding the background (1) February 2022 - City receives preliminary landmark application from PSABC; (2) Parks Dept. & PUD partnered with Southside United to work on plan for community engagement for the Walton St. Park amenity improvements and potential historic designation; (3) Project team developed a survey to engage the community; (4) Staff identified in-person community engagement opportunities - April 28 - Grant Southside Center Groundbreaking; April 29 - Walton Street Block Party; May 6 - Grant Southside Center Block Party; and May 7 - Walton Street Park Bike Pop-Up; (5) August 2022 - City receives draft landmark designation report; (6) August 2022 - Designation report forwarded to NC HPO for comment; (7) September 2022 - Designation report presented to AAHC for comment and recommendation; and (8) October 2022 - Designation report presented to HRC for comment and recommendation. Additional outreach efforts included (1) Project mailer sent out to all households in the Southside neighborhood; (2) Information and paper surveys available at the Grant Center; (3) Informational signs and QR code for survey placed around Southside Community; (4) Project pages posted on City website; (5) City staff attendance at Southside United Neighborhood meetings; (6) Information posted at City community centers & Eddington Center; (7) Reparations Health & Wellness Committee Meeting (August 23); (8) Goombay Festival; (9) East End Valley Street Heritage Festival; (10) Burton St Community Meeting (August 16); (11) Walton St Community Water day (August 20); (12) Hand delivery of paper surveys and flyers in the Southside area (August 17 & 24); (13) Press release (September 30); (14) Asheville Citizen-Times article (August 15); and (15) WLOS interview (August 8). He then reviewed the survey results. He provided the following Walton Street Park & Pool historical overview (1) 4.37 acre park established by the City and the Works Progress Administration (WPA); (2) Park was constructed in 1938-1939 and opened to the public in June 1939; the Walton Street Pool was completed in the fall of 1947; the Poolhouse was completed in 1948 and the Pool and Poolhouse opened to the public in June 1948; (3) Walton Street Park & Pool are significant for being the sole municipal park and swimming area for Asheville's Black population, and are thus associated with events that have contributed significantly to the history of Asheville and Buncombe County; and (4) The park complex retains the arrangement of features established during the period of significance (1939-1972). The park, pool, and poolhouse retain integrity of location, setting, association, feeling, workmanship, and design. The effects of the landmark designation include (1) Recognizes and honors the cultural and historical significance of a place that allows us to tangibly connect to our past; and (2) Allows for historic character to be retained through a design review process whenever proposed changes are made for the site. He then said that the African American Heritage Commission and the Historic Resources Commission both recommended unanimously in favor of the designation.  Councilwoman Roney said that as a symbol of Black history, resiliency, and job, the Walton Street Pool of the historic Southside neighborhood was completed in 1947. For years, neighbors have provided abundant input on how and why the Walton Street Pool must be preserved for cultural identity in the face of gentrification. Thanks to their tenacity and community organizing, designation of historic landmark as a first step in meaningful action is on our agenda and she is glad to support it. Councilwoman Kilgore said that the Walton Street Park means a lot to people in the southside community. It’s not just a swimming pool but a family of networks working together. It has been many years of listening to the community. Mayor Manheimer opened the public hearing at 6:03 p.m. Seven individuals spoke in favor of the local historic landmark. Mayor Manheimer closed the public hearing at 6:19 p.m. In response to Councilwoman Kilgore and Vice-Mayor Smith, City Manager Campbell said that prior to moving forward with this action, City staff met with the State Historic Preservation Office to make sure that if we wanted to add additional recreation elements, that we could do that without too much of an obstacle. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2022-10-25","mt":"regular","id":"IV-B","ref":"RES 22-239","it":"resolution","t":"Public hearing - resolution adopting the Close the GAP Pedestrian Master Plan","desc":"Transportation Planning Division Manager Lucy Crown said that this is the consideration of adoption of the Close The GAP, the City’s integrated Greenway Master Plan, Americans with Disabilities Act (ADA) Transition Plan and Pedestrian Master Plan. This public hearing was advertised on October 14 and 21, 2022. Background: - In 2018, the City received $135,000 in Surface Transportation Block Grant funding from the N.C. Dept. of Transportation (NCDOT) to develop a City Pedestrian Plan and an ADA Self-Evaluation and Transition Plan for public rights-of-way (a federally-required plan that evaluates ADA accessibility and recommends improvements). - At that time, the City Council also approved an additional $100,000 to be used to simultaneously update the City’s existing Greenway Master Plan. - The plans will replace the current Greenway Master Plan (2013), ADA Transition Plan (1998), and Pedestrian Master Plan (2004). - City staff worked with a local transportation consultant to develop all three plans together to ensure that the plans and resulting recommendations related to sidewalks, greenways, ADA infrastructure, and other pedestrian amenities were coordinated. - Extensive public outreach and engagement was conducted over a period of approximately two years to identify community needs and priorities for the pedestrian, greenway, and ADA-accessible infrastructure. - In addition to community-identified needs, robust GIS-based analyses were conducted to assist with the identification and prioritization of potential future pedestrian, greenway, and ADA projects. - These analyses used a combination of demographic data from the U.S. Census that included data related to race, income, vehicle ownership, age, and disability, and coupled it with data related to pedestrian crashes, transit routes, connectivity opportunities, and the locations of housing and jobs. - Each plan provides an Action Plan of prioritized lists of recommended projects that will be used to help program the City’s Capital Improvement Plan and maintenance projects, as well as inform future grant applications. - Each Action Plan goal also provides recommendations related to City policies that need to be updated, as well as design standards. - The Action Plans for the Close the GAP Plans will strengthen our commitment to a strong network of safe pedestrian facilities with new design guidelines, policy updates and changes, new best practices for development, and technology to assist with communications and reporting. - Multiple departments will work on the implementation of the GAP plans. - Staff intends to develop an annual report that will provide information on the implementation status and monitor progress toward improving pedestrian, greenway and ADA infrastructure.  Committee(s): - MMTC - 04/27/2022 - Approved unanimously - Greenway Committee - 04/07/2022 - Approved unanimously - AARRC - 04/14/2022 - Approved - DRC - 05/19/2022 - Approved unanimously - P&Z - 06/01/2022 - Approved unanimously - PED - 10/10/2022 - Information only - PED - 10/25/2022 - Approved unanimously Pro(s): - Adoption of the “Close the GAP” Plans will provide a resource for City staff to utilize when programming the City’s CIP, determining priorities for maintenance of sidewalks, adding and reconstructing ADA accessibility improvements, and determining which projects we should submit grant applications for moving forward. - The adopted plans provide comprehensive documentation of public engagement conducted, data collection and analysis, and the methodologies used to recommend and prioritize projects. - Adoption of the ADA Transition Plan is required by federal law. Con(s): - Implementing the action steps in the adopted plans will require significant City resources, including both staff time and funding on an annual basis. - In particular, planning, design, and construction of various capital projects will require additional funding resources. - A number of existing City policies and standards will need to be updated. Fiscal Impact: - While the City currently funds new sidewalk construction, sidewalk maintenance, ADA improvements, and greenways, significantly more funding over the next several decades will be necessary to complete the projects prioritized in the GAP plans. Ms. Crown said the key takeaways from this presentation will be (1) The GAP Plans include the Greenway Master Plan, the ADA Transition Plan, and the Pedestrian Master Plan; (2) The 3 plans were developed together to ensure consistency and coordination of priorities and recommendations; (3) Priorities are based on data that includes: Equity + Destinations, Safety, Connectivity, and Public Input; (4) The Greenway Plan identifies greenway “typologies” for the City to use to make connections; (5) The required ADA Transition Plan focuses on bringing existing facilities into compliance with ADA; and (6) The Pedestrian Plan focuses on the creation of new pedestrian facilities. She said GAP is (1) strengthen greenway network with new greenways; (2) improve existing sidewalks and greenways; and (3) fill gaps with new sidewalks. Regarding engagement and outreach, (1) 3 Stakeholder Groups - “Think Tank”; Citizen Action Committee; and ADA Focus Group; (2) Online meetings and surveys; (3) Recordings posted on project page; (4) Neighborhood outreach; and (5) Promotions - Project Page; Smart Posters, etc.; Promotional Video “Why Does Close the GAP Matter”; and Media. Ten major goal areas are Greenway Network; ADA Transition; Pedestrian Network; Multimodal Vision; Equity; Development Strategies; Policy; Funding; Safety; and Tools for Communication and Implementation. She explained methodology for the pedestrian network; the Pedestrian and ADA Plan outcomes; the ADA Transition Plan and the ADA Self Evaluation; the typical elements of an ADA Transition Plan; and the estimated cost to achieve ADA compliance. She explained how Asheville currently makes ADA improvements (1) Maintenance (a) Curb ramps must be brought into compliance with street repaving (required of COA and NCDOT) - Examples: Chestnut, State Street; and (b) Sidewalk maintenance by Public Works; (2) Replacement of existing sidewalks - Examples: Vermont Street, Fulton Street; (3) Private development (new construction and redevelopment) - Only when ROW improvements are required; and (4) Street reconstruction - Examples: Haywood Street, Coxe Avenue. Regarding focus group and survey feedback, (1) key corridors in the ADA plan include (in order of most mentioned) Merrimon Avenue, Haywood Road, Broadway Street, Tunnel Road, Amboy Road, Fairview Road, and Kenilworth Road; and (2) Added to the Pedestrian plan: Leicester Highway; Swannanoa River Road; Johnston Boulevard; Sweeten Creek Road; Riverside Drive; and Hominy Creek Road. Regarding the GAP Action Plans, (1) The Action Plan addresses the 10 Major Goal Areas of the Plans; (2) This Fiscal Year, staff will identify which Actions can be accomplished across the organization in the short term (1-3 years) and added to the Organizational Work Plan; and (3) Each year: Align CIP requests and maintenance projects on the GAP Plans priorities. These plans are dedicated to Barb Mee and Janet Barlow. Staff recommends adopting the “Close The GAP” Plans, the City’s integrated Greenway Master Plan, ADA Transition Plan for public rights-of-way, and Pedestrian Master Plan. In response to Mayor Manheimer, Ms. Crown said that we will have a dashboard item on our website that shows what has been accomplished. Councilwoman Roney said that our transportation planning documents, with exception of Transit, are outdated, and this action is needed to guide our future budget, plans, and policies on ensuring equity and safety for all modes in our transportation network. Thinking of accessibility advocates like Priya Ray of DIY-Abled, the members of the blind community who she has served with on advisory boards, and the late Janet Barlow and Barb Mee mentioned today, they have  informed this work over time. She felt that if we are going to get to our goals, we need two things: action leading to accountability and partners. She asked if we anticipate Unified Development Ordinance updates in short-term goals. One way the public can partner is by elevating issues, and asked if someone identifies a lacking area or ADA issue, how can they elevate their concern and what response can be expected. Ms. Crown responded to Councilwoman Roney noting that the best way to submit a concern is through the Asheville App. She also noted that our consultant has a list of some amendments to the UDO and the Standard Specifications and Details Manual which we hope to begin implementing after adoption of the Close The GAP Plan. Mayor Manheimer opened the public hearing at 6:37 p.m. Two individuals spoke in support of the Close The GAP Plan, with mention that we need more data on how pedestrians move which will improve the life for everyone. Mayor Manheimer closed the public hearing at 6:43 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2022-10-25","mt":"regular","id":"IV-C","ref":"ORD 4978","it":"ordinance","t":"Public hearing - ordinance amending Sections 7-2-5, 7-8-1 etc. (manufactured home wording amendments)","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of an ordinance amending the Unified Development Ordinance (UDO) to allow replacement of manufactured homes where they previously existed, updates to manufactured housing definitions, and the Table of Uses. This public hearing was advertised on October 14 and 21, 2022. Background: - Current UDO language prevents the replacement of lawfully established manufactured homes, whether in a manufactured home park/community, in the manufactured home overlay, or in other locations when the manufactured home has been removed and the space has been vacant for more than 180 days. - In almost every instance, these spaces have an address and utility services for another home but are prevented from having a replacement home by current zoning regulations. - Manufactured housing can represent some of the most affordable housing options available and provide variety to the community’s existing housing stock. - This ordinance change will not expand manufactured housing parks and should not have a negative impact on the character and quality of neighborhoods. Proposal - Adopt a wording amendment to: 1. Allow replacement of manufactured homes within a lawfully established manufactured home park as long as the park is not expanded and to remove the specific time period for replacement. This is for all parks whether or not they are in an overlay area. 2. Extend the period of time for replacement of manufactured homes on single lots within a qualified overlay district from 180 days to 365 days when not part of an existing manufactured home park. 3. Remove language regarding age of home, a factor which cannot be regulated by municipalities (NCGS 160D-910), from the non-conformity sections that pertain to manufactured homes. 4. Revise the definition of manufactured home to comply with NCGS 5. Add manufactured home and manufactured home park to the Table of Uses. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed wording amendment supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by prioritizing greater densities of development overall, throughout the city as appropriate. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing. - Promote the Development and Availability of Affordable and Workforce Housing - by maximizing the opportunities for the development and maintenance of affordable housing.  Committee(s): - The Affordable Housing Advisory Committee reviewed this item on September 1, 2022 and voted 11-0 in support of the change to the UDO. - Staff presented to the Neighborhood Advisory Committee on September 26, 2022. One committee member spoke in favor of the amendment. - The Neighborhood Advisory Committee had no concerns about the amendment and indicated to staff that they supported it moving forward. - The Planning & Zoning Commission reviewed the amendment at their October 5, 2022 meeting and voted 6-1 in support of the amendments. Pro(s): - This wording amendment will allow manufactured home parks to remain conforming even if homes within the park are removed and will permit replacement of homes within the park regardless of the length of time a home has been removed and space vacant. - The amendment will also extend the period of time that a manufactured home can be replaced within a manufactured home overlay. - These changes will stop or reduce the loss of manufactured home spaces that has occurred since the adoption of the UDO in 1997. - The wording amendment will not allow for the expansion of manufactured housing parks beyond their previous number of lots unless it is allowed by ordinance. Con(s): - None noted Fiscal Impact: - None noted Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Ms. Vrtunski said the key takeaways from this presentation are (1) The proposed amendment to the Unified Development Ordinance (UDO) represents an incremental change that addresses the replacement of manufactured homes in existing manufactured housing parks; (2) The proposed amendment also includes several other updates to bring the ordinance in line with new State statutes - These revisions include updated definitions, table of uses, and removes the age of units from consideration; (3) These revisions will help preserve some of the community’s most deeply affordable housing units; and (4) Staff does not anticipate that the proposed changes will have noticeable impacts on neighborhoods. The background is (1) Current UDO language prevents the replacement of lawfully established manufactured homes, whether in a manufactured home park/community, in the manufactured home overlay, or in other locations when the manufactured home has been removed and the space has been vacant for more than 180 days; (2) In almost every instance, these manufactured housing spaces have an address and utility services for another home but are prevented by zoning regulations; and (3) Manufactured housing can represent some of the most affordable housing options available and are part of variety in the community’s existing housing stock. The following are proposed revisions to the replacement of manufactured homes: (1) Allow replacement of homes in existing Manufactured Housing Park spaces; (2) Allow replacement of homes within 365 days if located within qualified Overlay District (applies to single lots, not parks); (3) Maintains 180 day limit for replacement in all other zoning areas (no change to current ordinance); and (4) The proposed revision will not allow the expansion of existing manufactured housing parks unless already allowed by ordinance. The following definition change is consistent with state statutes (1) Adopt the State definition of Manufactured Housing found in the General Statutes; and (2) Deletes campers/trailers and travel trailers as being allowed under this definition. She then reviewed the recommended revisions which include the addition of the following use categories to the Permitted Use Table to make the table consistent and inclusive. We will remove language regarding age of home, a factor which cannot be regulated by municipalities (NCGS 160D-910), from the non-conformity sections that pertain to manufactured homes - This brings the UDO in line with the State requirements. She used maps in various sections of the City to show parcels with one or more manufactured homes, Manufactured Housing Overlay District, and Manufactured Housing Community Overlay (parks). She then reviewed the committee reviews of the Affordable Housing Advisory Committee, the Neighborhood Advisory Committee, and the Planning & Zoning Commission. She said that staff recommends approval of the proposed unified Development Ordinance amendment to allow for the replacement of manufactured homes where they previously existed, updates to manufactured housing definitions, and revision to the Table of Uses. In response to Councilwoman Kilgore, City Attorney Branham clarified the amendment, noting that this does not place any new restrictions on manufactured housing owners. Councilwoman Roney noted that this is our third consecutive public hearing tonight touching on our strategic priority of neighborhood resiliency. In this decision, by updating three sections of our UDO, manufactured homes will be easier to maintain and replace because their limited zoning allowance will be more protected. While the staff report says the change won’t be  “noticeable” it will be significant that deeper affordability and community connection to resources is being preserved in these neighborhoods as working class and vulnerable people are being displaced due to rising cost of living in Asheville. Mayor Manheimer opened the public hearing at 7:05 p.m. Two individuals spoke in support of this UDO amendment, which one suggested that we find ways to incorporate manufactured housing in the broader statement of our housing stock. Mayor Manheimer closed the public hearing at 7:09 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2022-10-25","mt":"regular","id":"IV-D","ref":"ORD 4980","it":"ordinance","t":"Public hearing - ordinance to conditionally zone property - conditional zoning request","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":1,"mr":"contested vote","sq":13},{"d":"2022-10-25","mt":"regular","id":"IV-D-recuse","ref":"","it":"motion","t":"Recuse Mayor Manheimer from participating due to conflict of interest (re ORD 4980 conditional zoning)","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2022-10-25","mt":"regular","id":"V-A-1","ref":"RES 22-240","it":"resolution","t":"Unfinished Business - resolution to allocate remaining $6.0 million","desc":"","c":"Administrative","mo":"individual","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"no material signals","sq":14},{"d":"2022-10-25","mt":"regular","id":"V-A-2","ref":"ORD 4979","it":"ordinance","t":"Budget amendment in the amount of $6 Million","desc":"Affordable Housing Officer Sasha Vrtunski said this is the consideration of a resolution to allocate $6.0 million from the remaining 2016 Affordable Housing Bond funds to the Housing Trust Fund, and the accompanying budget amendment in the amount of $6.0 million. Background: - In 2016, the voters approved a General Obligation Bond for Affordable Housing in the amount of $25 million. - Earlier this year, staff reported to the Housing & Community Development Committee (HCD) on the Affordable Housing Bond investments, totaling $18.5 million, resulting in: - 32.5 acres purchased or under contract - 403 affordable units constructed - 197 affordable units in the pipeline to be constructed - In accordance with legal requirements and in compliance with the Local Government Commission (LGC), bond funds must be allocated within a seven year period, which ends in November 2023. - The City is planning to issue the remaining bonds in spring 2023. - Once allocated, the funds do not have to be expended right away. - The Housing Trust Fund has shown to be an efficient way for the City to leverage the production of affordable units. - It is a flexible funding source that can be used to support a range of housing types and populations. - Under the current policy, Housing Trust funding may be loaned/spent for the following purposes: - Development of Affordable Rental and For-Sale Housing - Substantial rehabilitation of existing units. - Down Payment Assistance - Land Acquisition - Over the next few months, staff will be reviewing the Housing Trust Fund Policy and bringing forward some potential changes for City Council consideration. Proposal - To meet the bond allocation requirements and leverage the successful outcomes as seen by the City’s Affordable Housing Trust Fund, staff recommends allocating $6 million of the remaining bond funds into the Housing Trust Fund. - Staff also recommends utilizing $500,000 for future planning of city-owned land for affordable housing, which includes the Cedar Hill/Deaverview parcels. - Staff is also working to more closely align the Housing Trust Fund funding cycle with Buncombe County’s funding schedule. - Ideas and proposals for specific uses of the Housing Trust Fund such as Site Readiness or Land Acquisition will be further developed over the coming months and can be incorporated into future HTF policy revisions. Committees: - HCD heard this item at their September 20 meeting and gave feedback. The committee asked AHAC for feedback on three issues: land acquisition in previously redlined areas, a site readiness program and down payment assistance. - AHAC recommended that the Housing and Community Development Committee approve allocating $6 million of the remaining Affordable Housing Bond funds to the Housing Trust Fund, and $500,000 to planning activities for city owned property. - AHAC requested a priority focus of reallocated bond funds to Housing Trust Fund on down payment assistance and encouraging the redevelopment of sites within the Urban Renewal and redlining maps. - HCD heard the feedback from AHAC and voted 2-0 on October 18 to approve the allocation of remaining bond funds.  Pro(s): - Allocating the funds will allow the city to fully utilize the bond funding and to issue the remaining bonds next calendar year (2023). - This allocation lays the foundation for HTF decision-making and planning over the next 1-2 years. - Staff is working to align the Housing Trust Fund process with Buncombe County, and will have a call for proposals later this year. Con(s): - None noted Fiscal Impact: - This action will allocate an additional $6.0 million of Affordable Housing General Obligation Bond funding to the Housing Trust Fund, aligning with the planned issuance of remaining GO debt. Ms. Vrtunski said the key takeaways from this presentation will be (1) Voters approved a $25 million Affordable Housing Bond in 2016; (2) Affordable Housing Bond Investments to-date total $18.5 million, including: 32.5 acres purchased or under contract; 403 affordable units constructed; 197 affordable units in the pipeline to be constructed; (3) The Housing Trust Fund has been a successful tool in leveraging Affordable Housing Bond funding; (4) Staff is proposing to use the remaining funds for planning and pre-development as well as for Housing Trust Fund related projects. This recommendation was unanimously supported by the Housing & Community Development Committee; and (5) Housing Trust Fund Policy revisions are currently in development and will be reviewed by City Council later this calendar year. Lessons learned consist of (1) Investing in capacity building for new non-profit organizations (ABCLT & Haywood Street CD) takes time to pay off; (2) Policies need to be in place to guide decision making prior to program creation or implementation; and (3) The Housing Trust Fund has seen the most straightforward success and highest leverage of Affordable Housing Bond funding. Using a chart, she explained the bond projects funded by the Housing Trust Fund, totalling $5 Million, along with the Housing Trust Fund current status - available balance is $1,650,000. She explained how the remaining 2016 affordable housing bond funds would be allocated - Housing Trust Fund allocation - $5 Million; Land Banking - $3 Million; ABCLt - $1 Million; City-owned land - $8,035,000; and Deaverview Phase I - $1,465,000 - for a total balance of available Affordable Housing Bond funds of $6,500,000. The recommendation for the remaining $6.5 Million in Bond funds consist of (1) Reserve $500,000 for planning and pre-development activities on City-owned land; and (2) Allocate $6.0 million to the Housing Trust Fund (a) Staff will recommend Housing Trust Fund Policy refinements to City Council later this calendar year (a) Policy revisions under consideration include: Adding guidelines for land acquisition; Including provisions for the redevelopment of Urban Renewal properties; Aligning the funding cycle with Buncombe County; and Partnering on the implementation of a down payment assistance program. Current Housing Trust Fund eligible uses include (1) Construction of new housing for sale or rental, including land acquisition and hard costs; (2) Conversion or adaptive reuse of existing non-residential structures for housing; (3) Purchase and rehabilitation of existing substandard multifamily housing units; (4) Purchase and rehabilitation or conversion of market rate multifamily developments to affordable housing; (5) Manufactured housing and modular construction; (6) Construction of container homes, tiny homes, and other innovative housing structures; and (7) Down payment assistance loans, as long as funds are not forgiven. Current Housing Trust Fund restrictions include (1) Housing Trust Funds are not available for individuals seeking to build or renovate their own home; (2) A minimum of 20% of the total project units must be affordable for the proposed development; (3) Affordable units that have been pledged to the City in exchange for a density bonus, conditional zoning or other special consideration will be ineligible; and (4) Projects must be located within the Asheville City limits to be eligible for assistance. The process for the Affordable Housing Bond allocation review was AHAC Policy Review - October 6; HCD Formal Vote on Bond Allocation - October 18; City Council Formal Authorization of Bond Allocation - October 25;  and HTF Policy Considerations - November / December 2022. At the Housing & Community Development Committee review, (1) The HCD Committee reviewed the proposal on October 18, 2022 and voted 2-0 in support of the proposal; and (2) The Committee expressed interest in using a portion of the remaining Affordable Housing Bond Funds for a site readiness program, down payment assistance, and funding land acquisition in previously redlined areas - These concepts will be addressed as part of the Housing Trust Fund Policy discussions later this calendar year. The AHAC review of proposal was (1) Affordable Housing Advisory Committee (AHAC) recommended that the Housing and Community Development Committee approve allocating $6 million of the remaining Affordable Housing Bond funds to the Housing Trust Fund, and $500,000 to planning activities for city owned property; and (2) AHAC requested that staff prioritize the focus of reallocated bond funds to Housing Trust Fund on down payment assistance and encouraging the redevelopment of sites within the Urban Renewal and redlining maps. The requested action is adoption of a resolution to allocate $6.0 million from the remaining 2016 Affordable Housing Bond funds to the Housing Trust Fund, and the accompanying budget amendment in the amount of $6.0 million. Ms. Vrtunski responded to various questions/comments from Council members, noting that the Down Payment Assistance Program is something that we will continue to work on. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and ordinance and they would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2022-10-25","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session pursuant to N.C. Gen. Stat. 143-318.11(a)(6)","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":16},{"d":"2022-10-25","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1A4kd6wEOAXgx4Cl64BsYuW6kq_YGF6To/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2022-11-15","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on October 25, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-11-15","mt":"regular","id":"B","ref":"RES 22-242","it":"resolution","t":"Resolution authorizing the City Manager (contract; second of two extensions)","desc":"Background: - This is the second of two possible extensions for this contract. - Each extension is for one year. - This contract includes provisions for the pressure washing of City-owned sidewalks in the Central Business District (CBD), weed control on City-owned sidewalks and curb lines, general cleanup services to remove loose litter and debris from City-owned sidewalks, and the cleaning of City-owned garbage and recycling cans. - Specifically, Zone A of the CBD will be pressure washed six times in one year and Zone B will be pressure washed two times. - The contractor will provide weed control on an as-needed basis and patrol daily for loose litter and debris. - Garbage and recycling cans will be cleaned four times per year. - The contract carries an automatic 3% price increase for each annual extension. - The project was advertised on October 10, 2020 and bids were opened on November 5, 2020. - The following five bids were received: (Base bid - Extra services determines low bid) WNC Landscaping, LLC of Cedar Mountain, NC $132,503.00 $98,491.00 TruBlue Services, LLC of Easley, SC $137,593.00 $126,094.00 MsLean of Arden, NC $146,996.00 $79,240.00 PD Rivers of Hemingway, SC $158,035.00 $101,720.00 B.H. Graning Landscapes, Inc of Sylva, NC $185,808.00 $114,684.00 - The lowest responsive bid was determined by the base bid. - The contract also requested prices for extra services to be provided by the lowest responsive bidder if the prices fit into the City’s budget. - These services include two additional washing cycles of Zone A, daily loose debris pickup, and garbage can cleaning. - The lowest responsive bidder provided acceptable prices for these items and they have been added to the contract. - A recent amendment to the contract has provided for the removal of litter hotspots in the CBD. - These are locations of concentrated litter that were not on the contractor’s daily route. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority- & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - One minority- or woman-owned business enterprise submitted a bid to be the prime contractor on the project.  Committee(s): - None Pro(s): - Continues the pressure washing of the CBD. - Provides for the cleaning of City-owned garbage and recycling cans, which are a source of complaint. - Provides for cleaning of litter hotspots throughout the CBD. Con(s): - Pressure washing can cause short disruptions for pedestrian traffic. Fiscal Impact: - Funding for this contract is available in the Public Works Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-11-15","mt":"regular","id":"C","ref":"RES 22-243","it":"resolution","t":"Resolution setting a public hearing","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Buncombe County Rescue Squad is the applicant. - The applicant wishes to permanently close a portion of an unopened right-of-way on Clayton Avenue adjacent to 77 Hansel Avenue to rectify an error on the original plat (PB 2, PG. 78) that locates Clayton Avenue south of its true location. - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right of way.  Committee(s): - Technical Review Committee, October 3, 2022, unanimously recommended approval. - Multimodal Transportation Commission, October 26, 2022, unanimously recommended approval. Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. - It corrects a platting error. Con(s): - None. Fiscal Impact: - There will be no fiscal impact related to this closure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-11-15","mt":"regular","id":"D","ref":"ORD 4981","it":"ordinance","t":"Technical budget amendment in each of various funds","desc":"Background: - As part of its ongoing operations, the City enters into various contracts and purchase order agreements throughout the fiscal year. - Budget funds are encumbered for the full amount of the expected purchase. - These contracts and purchase orders are often not fully completed and paid in one fiscal year. - North Carolina General Statutes provide authorization for local governments to reserve the unexpended portion of these prior year commitments and roll those budgets forward to the new fiscal year. - As a part of the FY 2021-22 annual audit, staff identified prior year commitments and carry-over appropriations to roll forward to FY 2022-23. - These dollar amounts were deducted from the unassigned fund balance amounts that were reported in the Annual Comprehensive Financial Report. - The technical budget amendment will provide authorization to officially appropriate these amounts in the FY 2022-23 budget for each of the City’s annual operating funds. - It is standard practice for staff to bring forward this technical budget amendment each year at the same City Council meeting in which the external auditors present the annual audit results.  Committee(s): - None Pro(s): - Provides budget authorization for prior year contracts, purchase orders, and other carry-over appropriations that rolled forward to FY 2022-23. Con(s): - None. Fiscal Impact: - There is no impact on unassigned or available fund balance in the City’s operating funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-11-15","mt":"regular","id":"E","ref":"RES 22-244","it":"resolution","t":"Motion to introduce bond order authorizing issuance of bonds; resolution making certain statements and setting public hearing on December 13, 2022","desc":"Actions Requested: Introduction of the Bond Order that authorizes the issuance of 2023 General Obligation (GO) Refunding Bonds in an amount not to exceed $26,000,000; and 2) adoption of a Resolution making certain statements of fact concerning the bond issue; and 3) setting a public hearing on December 13, 2022 to receive public comments on the proposed bond refunding. Background: - On November 8, 2016, Asheville voters approved a $74 million General Obligation (GO) Bond Referendum - $32 million for Transportation improvements, $25 million for Affordable Housing initiatives and $17 million for Parks and Recreation improvements. - In June 2020, the City issued a three-year short-term general obligation bond in an amount not to exceed $25,000,000. - Short term bonds provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing. - Since the short term bond was issued in June 2020, the City has drawn down approximately $14.9 million and will draw the remaining available amount over the next two months. - In order to refund the $25,000,000 principal on the short term bond, the City intends to issue long-term, fixed-rate GO Bonds in early 2023. - Staff is seeking Council approval of the introduction of the Bond Order that authorizes the issuance of 2023 General Obligation (GO) Refunding Bonds in an amount not to exceed $26,000,000, this amount includes an estimate of potential Original Issue Discount and issuance cost. - Staff is also seeking Council approval: o of the resolution making certain statements of fact concerning the proposed bonds as required by the Local Government Commission and o to set a Public Hearing on this debt issuance for December 13, 2022. - Approval of the Bond Order and adoption of a resolution setting the terms of the bonds is also scheduled for Council’s December 13, 2022 meeting.  Pro(s): - Converts GO funding from short-term variable-rate debt to long-term, fixed-rate bonds. - Spreads capital costs over a longer term to better match assets' lives. Con(s): - None Fiscal Impact: - In June 2017, City Council approved a 3.5 cent increase to the property tax rate to fund future debt service associated with voter passage of the GO Bond referendum. - The debt service payments for this bond refunding are already included in the multi-year Capital Improvement Program (CIP)/Debt Financial Model.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-11-15","mt":"regular","id":"F","ref":"RES 22-245","it":"resolution","t":"Resolution approving updates","desc":"Background: - City Council adopted Asheville’s current Pole Banner Policy, developed by the Planning and Community Development Department, on March 23, 2004. - The Outdoor Special Events office began overseeing the permitting and execution of the pole banner policy, permitting, and administration in 2013. - Several issues have since been identified with the administration of the City’s current pole banner policy including a lack of staff capacity for oversight of installations, insufficient hardware maintenance and fees, and clarification needed around the guiding principles in decisions determining the location and upkeep of hardware and banners. - City Council has adopted staff recommendations on fee changes beginning in Fiscal Year 2023. - The revised policy was reviewed with Planning staff to ensure it complies with the City's Sign Ordinance. - The revised policy incorporates the new fee structure, updates the responsibilities of program participants and city administration offices, and also: - Brings policy in alignment with new application preparation and permitting fees - The Department of Community & Regional Entertainment Facilities (DCREF) becomes responsible for the purchase of hardware and contracts with a single installer to service all banner installations and maintenance - Improves placement standards to create a more cohesive presentation per block face - Clarifies qualification requirements for neighborhood-district identification - Creates special allocation of certain poles along the frontage of City-owned entertainment facilities for priority of use: Civic Center, Art Museum/Wortham, McCormick Field, WNC Nature Center, Aston Park Tennis Center, and John B. Lewis Soccer Complex - Limits event promotion to events conducted within city-owned entertainment facilities with at least 1,000 attendees per day, minimum of two consecutive days in duration - Recognizes the relationship with Duke-Progress Pole Use standards  Committee(s): - Planning & Economic Development Committee - October 10, 2022 - recommended unanimously to forward to City Council Pro(s): - Provides a necessary update to City policy. Con(s): - None Fiscal Impact:: - The City will incur the initial costs for purchasing hardware, which will not be fully recovered by fees until banners are displayed for three years. - Funding for this work has been identified within the Department of Community & Regional Entertainment Facilities operating budget.","c":"Economic Development","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-11-15","mt":"regular","id":"G","ref":"ORD 4982","it":"ordinance","t":"Budget amendment from 2021 assistance","desc":"Background: - The primary focus of FEMA’s Assistance to Firefighters Grant program is to provide assistance in funding for firefighting safety and protective equipment that can reduce the risk of exposure to cancer-causing carcinogens. - The goal of the current request is to increase the safety and health of our firefighters by increasing the accessibility of a breathing air compressor within the Asheville Fire Department. - The Department requested funds to purchase a SCBA air compressor. - This equipment would be utilized to support the department's Air Management and Cancer Prevention Policies. - Due to the prevalence of carcinogenic materials being emitted throughout the duration of a firefighting operation, the department’s Cancer Prevention Policy requires SCBA usage  at all fires for a minimum of 90 minutes after air monitoring indicates a clear environment in a fire occupancy. - This policy has significantly increased the usage of breathing air at all of our fires while creating a safer work environment for our firefighters. - AFD assigns approximately 40 members to every working fire incident. - To fill bottles for these members, AFD relies upon neighboring fire departments that support a countywide air unit which responds to the incident scene. - This unit is reliable, but there are times where it is unavailable due to being used by one of the other 21 Buncombe County fire departments or being serviced. - The additional air compressor would allow greater accessibility to air refill by firefighters. - This request also supports the SCUBA program which is one of two within the western region of North Carolina and the AFD Hazardous Materials Team which is contracted by NC Emergency Management as a regional resource for the 18 western NC counties. - The overall request for funding via FEMA’s Assistance to Firefighters Grant is to increase the safety for all members by providing increased access to a breathing air compressor to support the increased usage of SCBA on firegrounds for firefighter safety.  Committee(s): - N/A Pro(s): - Firefighter safety would be increased significantly Con(s):. - New equipment will require additional staff time to utilize and maintain. Fiscal Impact: - The total grant amount is $65,000, including the City match. - Funding for the required 10% local match ($5,910) has been identified within the current fiscal year departmental operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-11-15","mt":"regular","id":"H","ref":"ORD 4983","it":"ordinance","t":"Budget amendment for the Office of...","desc":"Background: - On April 12, 2022, Asheville City Council approved Resolution 22-65 authorizing the Asheville Police Department (APD) to apply for and accept an award of grant funding from the Office of Community Oriented Police Services (COPS), U.S. Dept. of Justice (DOJ) Law Enforcement and Mental Health and Wellness Act (LEMHWA) of up to $175,000 to fund a Wellness Coordinator Position within the department. - On October 13, 2022, APD was notified of the grant award of the full $175,000. - The grant project period runs from 9/1/2022 through 8/31/2024. - Approval of the budget amendment allows APD to execute the grant agreement. - This position will be advertised and filled using the hiring process established and currently employed by the City of Asheville Human Resources department.  Committee(s): - None Pro(s): - Physically and mentally fit officers are able to: Demonstrate better de-escalation skills, have lower rates of worker’s compensation claims, build community relations more effectively, have lower suicide rates, have better decision-making skills, and exhibit more positive behaviors. - A successful employee total wellness program for police employees must include a continuum of physical wellness strategies beginning at the hiring process and continuing through retirement. Con(s): - Maintaining the position after the grant funding is exhausted will require City funding. Fiscal Impact: - This action requires no City resources in the current fiscal year. - The grant will fund a position and associated operating costs through next fiscal year (FY24). Continuing this program beyond the end of the grant period would require City resources and will be considered through the budget process.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-11-15","mt":"regular","id":"I","ref":"RES 22-246","it":"resolution","t":"Resolution to rescind the $1 million...","desc":"Background: - City Council approved Beaucatcher Vista LLC’s Housing Trust Fund award for $1,000,000 on May 26, 2020, Resolution #20-96., - The award was to develop forty affordable rental homes at 2 Restaurant Court (now addressed as 16 Restaurant Court). - Beaucatcher Vista LLC chose not to pursue the development of the project and no formal agreements or payments were issued. - Mountain Housing Opportunities currently has the 16 Restaurant Court property under contract and intends to close on the property before the end of October 2022, for the purpose of constructing multi-family affordable housing. - The City Council approved a Housing Trust Fund loan of $850,000 for Mountain Housing Opportunities to purchase the land on August 23, 2022. - Beaucatcher Vista LLC has since requested to rescind their Housing Trust Fund award.  Committee(s): - Housing and Community Development Committee (HCD) August 16, 2022 voted unanimously to approve Mountain Housing Opportunities’ application, acknowledging that this award from 2020 would be rescinded. Pro(s): - Funds will be available for future use in the Housing Trust Fund. Con(s): - None noted. Fiscal Impact: - No funds have been paid to Beaucatcher Vista LLC. - This action will rescind the $1,000,000 awarded to Beaucatcher Vista LLC, and the funds will be available for future use in the Housing Trust Fund.","c":"Housing","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-11-15","mt":"regular","id":"IV-A-1","ref":"RES 22-249","it":"resolution","t":"Public hearing 115 River Hills Road - approve Land Use Incentive Grant application","desc":"Affordable Housing Officer Sasha Vrtunski said this is the consideration of adopting a resolution approving a land use incentive grant to Orange Capital Advisors LLC for a development at 110 River Hills Road. A legal ad was published on November 4, 2022. Review: - Orange Capital Advisors LLC has applied for a Land Use Incentive Grant (LUIG) for their development at 110 River Hills Road per the LUIG Policy adopted by City Council on June 22, 2021. - The proposed development consists of 153 rental apartments and community space. - Of the +/- 153 residential units, 31 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years. - The affordable units will be a mix of 1 and 2 bedroom apartments, with 17 one bedroom and 14 two bedroom units. - Housing represents 100% of all rentable square footage, excluding the parking structure. - The project encompasses 10.9 acres of land on River Hills Road in East Asheville, PIN 9658- 42-0239. - The applicant’s original estimated appraised value of the property was $51.5 million post-completion. - The applicant is proposing an $80,000 per unit subsidy for the affordable units, which would bring the estimated taxable value to $36.7 million post-completion and would equal a total grant value of $2,480,000 or $145,882 per year over a 17 year period for the 31 affordable units. - The project, as presented to staff, meets the following LUIG Policy Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of Asheville for households earning at or below 80% of the Area Median Income (AMI); - The affordable units will be affordable to and leased to income-eligible households for at least 20 years; - The proposed development is located inside the city limits; - The proposed development provides residents convenient access to jobs and services; and - The proposed development is over the 70% residential threshold in use based on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive - 20 total points for affordability, - 15 points for rental assistance, - 10 points for the location, 20 points for energy efficiency, - 10 points for Universal Design, and - an additional 10 points for building in a non-Qualified Census Tract, for a total score of 85 points. - Per the policy, this will equal 17 years of grants in the amount of the City Property Taxes payable on the 110 River Hills Road Development. - The total benefit limit under the policy is for 21 years, or 105 points. - As a part of the LUIG program, 50% of the affordable units will accept vouchers, which generally benefit households at 50% AMI or below. - When Housing Choice vouchers are utilized, this has the additional benefit of opening up a unit in Public Housing where there are waiting lists. Proposal: - Affordable Rental Housing - The proposed project will provide thirty-one (31) affordable units - (20% of the total units) to individuals and families earning at or below 80% AMI, - with 16 (50% of the affordable units) accepting rental assistance, for an affordability period of twenty (20) years. - Under this category, the project qualifies for 20 points. - Rental Assistance - The proposed project will accept 16 Housing Choice Vouchers / Rental Assistance in the community. - The proposed project will house one person from the Homeless By-Name List for 5 points. - Under this category, the project qualifies for 15 points. - Superior Locational Efficiency - The proposed project is located within 1 mile from a job or urban center (Walmart Shopping Center is defined as an Urban Center), - Within a .5 mile from a Transportation Amenity (near to 2 transit lines w/ one hour frequency). - Under this category, the project qualifies for 10 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star Certification and solar panels. - Under this category, the project qualifies for 20 points. - Universal Design: - The project has committed to using Universal Design for 20% of the units, which qualifies for 10 points. - Non-Qualified Census Tract: - The project is located in a Non-Qualified Census Tract, which qualifies for 10 points. - Staff has scored the project with 85 points, which qualifies the project for seventeen (17) years of Land Use Incentive Grant. - Using an $80,000 per unit subsidy, the estimated taxable value is $36.7 million post-completion and would equal a total grant value of $2,480,000 or $145,882 per year over a 17 year period for the 31 affordable units. - This request complies with the policy, such that the anticipated City taxes received from the finished development will be greater or equal to the value of the annual incentive.  Committee(s): - The Housing and Community Development Committee reviewed this item on October 18, 2022 and voted 2-0 in support of the request. - The Finance Committee reviewed the request on October 25, 2022 and voted 3-0 in support of the request. Pro(s): - The proposed project will provide 31 affordable rental housing units to households earning 80% or less of area median income; - The proposed project will have an affordability period of twenty (20) years; - The proposed project should have a significant economic impact. - Construction wages and material purchases will positively affect the local and regional economy; - The 31 affordable units are located in East Asheville near jobs and two transit lines (WE1 and S5) (walkability - Score of 29 - car dependent, bike score of 26 - somewhat bikeable, minimal bike infrastructure) - Provide employment and shopping options for individuals and families who fall within the 80% AMI incomes. - Orange Capital Advisors LLC will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers for 16 of the affordable units and Rental Assistance as the development prepares to come online. Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards construction.  Fiscal Impact: - The project parcel has a current tax value of $563,600 and pays City property taxes of approximately $2,271 annually. - This will continue to be paid throughout the benefit period. - Using an estimated tax value of $36.7 million post-completion, the annual City property tax will be approximately $148,153. - The difference is $145,882, which would be granted to the property owner annually after payment for 17 years. - For 17 years and 31 affordable units at or below 80% AMI, the City will grant back a total of $2,480,000 over the 17 years of the LUIG which equals $80,000 per unit of subsidy which is equal to the maximum subsidy cap noted in the LUIG Policy. - After year 17, the City will receive the approximate $148,153 annually in City tax revenue (depending on future property tax value and rates, etc.). - Please note the City will still receive property taxes of approximately $2,271 per year in years 1 -17. - The City sets aside a budget annually for Land Use Incentive Grants. Ms. Vrtunski said the key takeaways from this presentation are (1) The Land Use Incentive Grant (LUIG) Program is an affordable housing incentive grant based on a development’s increased tax value; (2) LUIG application was submitted by Orange Capital Advisors LLC for 153 apartment units at 110 River Hills Road; (3) The project is committing 31 units (20%) to be affordable for 20 years at 80% Area Median Income (AMI) or below; (4) The project is also bringing other benefits including: Rental Assistance (includes housing for the Homeless By-Name list), Housing Choice Vouchers, Solar Panels and Universal Design; and (5) The proposed development qualifies for a 17-year grant. She outlined the project background as follows: (1) Proposed development consists of 153 apartments and community space - The affordable units will be a mix of one and two bedroom apartments, with 17 one bedrooms and 14 two bedroom units; (2) Housing represents 100% of all rentable square footage; (3) Of the 153 apartments, 31 units (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 20 years; (4) The project encompasses 10.9 acres of land on River Hills Road; and (5) The current estimated taxable value after construction is $36.7 million. She reviewed the project location, along with the site plan. She explained the LUIG point summary as follows: 20% of units affordable at 80% AMI (20 points); 10% Rental Assistance (5 points); Housing for one person on the Homeless By-Name List (5 points); Location: (a) 1 mile from a job or urban center (5 points) and (b) .5 mile from a transit amenity (5 points); Energy Efficiency / Energy Star (5 points); Energy Efficiency / solar panels (15 points); Universal Design- 20% of units (10 points); and Building in a Non- Qualified Census Tract (10 points). Total Points: 85 points = 17 year grant period. Regarding vouchers, 50% of the affordable units (16 units) must accept Housing Choice Vouchers. Housing Choice Vouchers help people at or below 50% AMI. These residents come from the Housing Authority. The household pays 30% of their income, but the voucher makes up the difference. Our area currently has 85 vouchers that are going unused because of a lack of units that accept them. When someone finds a unit, they make space for another household on the public housing waiting list. Housing Choice Voucher units actually help 2 households. LUIG specifics include (1) The project parcel has a current taxable value of $563,600 and pays City property taxes of approximately $2,271 annually; (2) Using an estimated taxable value of $36.7 million post-completion, the annual City property tax will be approximately $148,153; (3) The difference is $145,882 which would be granted back to the property owner annually, after payment, for a period of 17 years; (4) Total grant is estimated at $2,480,000 over the 17 years of the LUIG; (5) Subsidy then equals $80,000 per unit, which is the maximum recommended in the existing LUIG policy; and (6) After year 17, the grant period will end and the City will receive approximately $148,153 annually in additional City tax revenue (depending on future property tax value and rates, etc.). The Housing & Community Development Committee unanimously approved the project on October 18, 2022. The Finance & Human Resources Committee unanimously  approved the project on October 25, 2022. Staff recommends approval of the Land Use Incentive Grant application for Orange Capital Advisors LLC / 110 River Hills Road. In response to Councilwoman Roney, City Attorney Branham said that the City currently has a non-discrimination ordinance that covered public accommodations and private employment. It does not, however, cover housing discrimination, including source of income discrimination. This would be applicable to issues involving voucher holders. The reason for this exclusion is that the State has already legislated this issue in the North Carolina Fair Housing Act, which has its own protected classes. Unfortunately, source of income is not one of them. Ms. Vrtunski the City's agreements for Housing Trust Fund loans contain a non-disrimination provision. This is in addition to existing law, and provides contractual guarantees from the recipients against discriminating against voucher holders. This language is also planned to be added to Land Use Incentive Grant agreements in the near future as well. PUBLIC HEARING TO CONSIDER THE CONDITIONAL ZONING OF 110 RIVER HILLS ROAD FROM COMMERCIAL INDUSTRIAL DISTRICT TO RESIDENTIAL EXPANSION/CONDITIONAL ZONE","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2022-11-15","mt":"regular","id":"IV-A-2","ref":"ORD 4984","it":"ordinance","t":"Public hearing to conditionally zone 110 River Hills Road - conditional zoning request","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone all portions of property located at 110 River Hills Road from Commercial Industrial District to Residential Expansion/Conditional Zone for the construction of a 153-unit multi-family building. This public hearing was advertised on November 4 and 11, 2022. Project Location and Contacts: - The project site totals 10.8 acres located at 110 River Hills Rd (PIN 9658-42-0239). - Owner: Wood Ave LLC Summary of Petition: Project Site - The project site consists of one property totalling 10.8 acres located at 110 River Hills Rd. - The site is currently zoned Commercial Industrial (CI). - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion (RES EXP) district is required. - The project site is currently a wooded, vacant lot. - The site is designated “Traditional Neighborhood” on the city’s Future Land Use (FLU) Map. - A change in the FLU designation will not be required. Overall Project Proposal - New building construction includes a 153-unit, 4/5-story multi-family building and a one-story clubhouse building. - Other site improvements include off-street parking, new sidewalks, stormwater retention, and resident amenities such as a pool, dog park, and walking path. - 31 units (20%) will be affordable at 80% Area Median Income (AMI) for a minimum of 20 years. - 16 of these affordable units (half) will accept housing choice vouchers. Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The maximum building height of the proposed project is approximately 54 feet, as measured  to the ceiling of the highest occupiable floor. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of the dwelling units are affordable at 80% AMI. - The proposed project’s density is 14.2 units/acre. - Front yard, rear yard and side yard setbacks of 15 feet are proposed as is required in the RES EXP district. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 28.5%. Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and property line buffers. - The RES EXP district requires a 20 foot-wide “Type A” landscape buffer where the subject property is adjacent to any other residentially zoned property, which will be required along the southern and eastern property boundaries. - The project proposes an encroachment into the required landscape buffer on the eastern property boundary which effectively reduces the width of the buffer by 50% for 155 linear feet in order to accommodate the driveway aisle and parking areas. - The impact of the encroachment into the buffer is mitigated by the fact that the required quantities of tree and shrub plantings will be provided and a six foot-high opaque fence is proposed along this segment of reduced landscape buffer. - The project is classified as “urban” under the Tree Canopy Preservation standards and has a classification of “Class B”. - The existing tree canopy is 64.7%. - The project is required to preserve 10% of the existing tree canopy and is proposing to preserve 19.6% of the existing tree canopy. - Open Space is required at a rate of 20% of the site as the project meets the incentive requirements for enhanced stormwater management, resulting in 2.2 acres of required open space. - The project is providing 5.3 acres of open space. Access, Sidewalks and Parking - Access to the site will be provided by a new driveway on River Hills Rd. - A total of 223 parking spaces are proposed for the new dwelling units. - Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 153/306 for the RES EXP district. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary access corridor and internally throughout the site. - The project is proposing a new five foot-wide sidewalk with a five foot-wide planting strip along the site’s frontage on River Hills Rd. - The project is proposing five foot-wide sidewalks internal to the site. Technical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process including: - Five foot-wide sidewalks along River Hills Rd and internal to the site instead of the required 10 foot-wide standard. - Encroachment into the required landscape buffer for 155 linear feet along the eastern property boundary to accommodate a driveway aisle and parking areas. - No bike lanes into the development. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks. - Make Streets More Walkable, Comfortable and Connected - by eliminating gaps in the city-wide sidewalk network.. - The proposed development is compatible with the Future Land Use designation of “Traditional Neighborhood” which is proposed, in part, as “a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes and multifamily apartments usually located seamlessly together”. Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land uses, including: - The Ledgewood Village Apartments, located directly south of the project site. - Suburban commercial uses located generally to the west and north of the project site. - Single-family houses located to the east of the project site across Wood Alley.  Committee(s): - Technical Review Committee (TRC) - September 19, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - October 5, 2022 - approved (Vote 7:0) with the following condition: 1) That bicycle sharrow pavement markings be added to the entrance driveway of the development. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) New 4/5-story multi-family building; (2) 153 dwelling units (20% affordable); (3) New driveway on River Hills Road; (4) 223 total parking spaces total; (5) Sidewalks: 5’-wide with 5’-wide planting strip on River Hills Rd, 5’-wide internal sidewalks; (6) Landscaping and Open Space Standards; and (7) Tree Canopy Preservation standards met on-site. He then reviewed the landscape plan and building elevations. Conditions include (1) 20% of the units (31 units) will be designated affordable to those at or below 80% Area Median Income (AMI) for a minimum of 20 years - Half (16 units) of these affordable units will accept HACA Housing Choice Vouchers. Technical modifications are (1) Five foot-wide sidewalk with five-foot wide planting strip along River Hills Rd and five-foot wide sidewalks internal to the site instead of the required 10 foot-wide standard; (2) Encroachment into the required landscape buffer for 155 linear feet along the eastern property boundary to accommodate a driveway aisle and parking areas; and (3) No bike lanes into the development. (Bike sharrow pavement markings will be installed on the project’s driveway). He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project with the condition that bicycle sharrow pavement markings be added to the entrance driveway of the development. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  In response to Councilwoman Roney, Mr. Derek Allen, attorney representing the applicant, said that the solar panels will be in the parking areas. In addition, they do have commitments to electric car charging stations. Mayor Manheimer opened the public hearing at 6:19 p.m. Mr. Kenny Fischer mostly supported the project; however, had concerns about the traffic light that leads into River Hills Drive; the buffer and how much of the wooded area will be removed; and light pollution from the parking area and building. Mayor Manheimer closed the public hearing at 6:23 p.m. Mr. Palmquist responded by saying that the buffer will still be there with the required quantities of trees and shrub plantings, and the encroachment is mostly the driveway and parking area that is intruding into the buffer. Regarding lighting, he doesn’t have detailed plans on that yet, but light generated on the site is required to stay on the site. Lights from the building windows that might spill over but that is not regulated. And, regarding theTraffic Impact Study for the traffic light, the project did not trigger the study. Mayor Manheimer said that members of Council have previously received a copy of the resolution and ordinance and they would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2022-11-15","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope plan - motion to continue to January 10, 2023","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2022-11-15","mt":"regular","id":"IV-C","ref":"ORD 4985","it":"ordinance","t":"Public hearing - ordinance to approve an Annexation Agreement","desc":"City Attorney Brad Branham said that this is the consideration of an ordinance to approve an annexation agreement between the City of Asheville and Town of Woodfin designating a non-contiguous area (810 Elk Mountain Scenic Highway) desiring to annex into Woodfin as not subject to annexation by the City of Asheville. This public hearing was advertised on November 4, 2022. Background: - The Town of Woodfin has received a petition from property owner, Sourwood Land Holdings, LLC, to voluntarily annex a 100.37 acre +/- property, which includes the Sourwood Inn, located at 810 Elk Mountain Scenic Highway and identified in the Buncombe County tax records as PIN #9761-06-4543 which is non-contiguous to the primary corporate limits of both Asheville and Woodfin (the “Property”). - N.C. Gen. Stat. sec 160A-58.1 permits a city/town to annex a non-contiguous area; however, if the area is closer to the primary corporate limits of another city/town than it is to the corporate limits of the city/town that is being asked to annex, then there must be an annexation agreement between the two municipalities which states that the city/town whose corporate limit is closer, will not seek to annex this area. - It has been determined that the property for which annexation is requested is closer to the primary corporate limits of the City of Asheville than it is to the primary corporate limits of the Town of Woodfin, and therefore, the two municipalities would need to enter into an Annexation Agreement before Woodfin could consider the requested annexation. - N.C. Gen. Stat. sec. 160A-58.23 authorizes cities/towns to enter into Annexation Agreements as long as they are of reasonable duration not to exceed 20 years and they are approved by ordinance of the governing board of each municipality. - Review of City Council meeting minutes and resolutions dating back to 2007 reveal that the City of Asheville and Town of Woodfin contemplated entering into an annexation agreement allowing Woodfin to annex several non-contiguous areas including property along Elk Mountain Scenic Highway, of which the property requesting annexation herein was a part. - The City and Town appeared close to adopting an annexation agreement and the City of Asheville, via Resolution No. 08-07, set the date for a public hearing to consider the annexation agreement for January 22, 2008. - However the meeting minutes from the January 22, 2008 hearing reflect that the annexation agreement was not approved at that meeting because an accurate map was not provided and the matter was withdrawn from consideration until a later date undetermined. - On March 9, 2021, the Town of Woodfin adopted an ordinance annexing the Sourwood Inn property, as described herein. - It is still necessary that the City of Asheville and Town of Woodfin enter into an annexation agreement so that the annexation can be realized. - The City and Town are seeking to finalize this process and authorize the requested annexation by entering into an Annexation Agreement. - The State Legislature repealed the ability of municipalities to involuntarily annex in 2011, so the City does not have the ability to annex this property involuntarily. - However, voluntary annexation (request by a property owner to be annexed) is still permissible and the process for voluntary annexation of noncontiguous areas remains unchanged and requires an annexation agreement.  Committee(s): - None Pro(s): - The Annexation Agreement between the City of Asheville and the Town of Woodfin would allow Woodfin to annex the non-contiguous property as requested by the property owner and would complete an action that appears to have been contemplated by the City in 2008 and that was approved by Woodfin in 2021. - The request to enter into an annexation agreement is a necessary step in order to be responsive to the petitioner’s request for voluntary annexation. Con(s): - None noted. Fiscal Impact: - This action requires no City resources and has no fiscal impact. City Attorney Branham reviewed the location and imagery maps. Some background information includes: (1) The Town of Woodfin has received a petition from property owner, Sourwood Land Holdings, LLC, to voluntarily annex a 100.37 acre +/- property, which includes the Sourwood Inn, located at 810 Elk Mountain Scenic Highway; (2) The property is non-contiguous to the primary corporate limits of both Asheville and Woodfin; (3) N.C. Gen. Stat. sec 160A-58.1 permits a city/town to annex a non-contiguous area; however, if the area is closer to the primary corporate limits of another city/town than it is to the corporate limits of the city/town that is being asked to annex, then there must be an annexation agreement between the two municipalities which states that the city/town whose corporate limit is closer, will not seek to annex this area; (4) It has been determined that the property for which annexation is requested is closer to the primary corporate limits of the City of Asheville than it is to the primary corporate limits of the Town of Woodfin, and therefore, the two municipalities would need to enter into an annexation agreement before Woodfin could consider the requested annexation; (5) N.C. Gen. Stat. sec. 160A-58.23 authorizes cities/towns to enter into annexation agreements as long as they are of reasonable duration not to exceed 20 years and they are approved by ordinance of the governing board of each municipality; (6) The State Legislature repealed the ability of municipalities to involuntarily annex in 2011, so the City does not have the ability to annex this property involuntarily; and (7) However, voluntary annexation (request by a property owner to be annexed) is still permissible and the process for voluntary annexation of noncontiguous areas remains unchanged and requires an annexation agreement. Pros of this action are (1) The annexation agreement between the City and the Town of Woodfin would allow Woodfin to annex the non-contiguous property as requested by the property owner and would complete an action that appears to have been contemplated by the City in 2008 and that was approved by Woodfin in 2021; and (2) The request to enter into an annexation agreement is a necessary step in order to be responsive to the petitioner’s request for voluntary annexation. Staff recommends Council adopt an ordinance approving an annexation agreement with the Town of Woodfin designating the Sourwood Inn property located at 810 Elk Mountain Scenic Highway in Buncombe County, a non-contiguous area, as not subject to annexation by the City of Asheville. When Councilwoman Kilgore asked why this property owner decided to annex into Woodfin rather than Asheville, City Attorney Branham said that this goes back several years and both the Council and staff at that time supported the annexation; however, for whatever reason, it  was never finalized. The property owner has believed they were a part of Woodfin for the past several years. Mayor Manheimer opened the public hearing at 6:34 p.m., and when no one spoke, she closed the public hearing at 6:34 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Wisler","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2022-11-15","mt":"regular","id":"J","ref":"RES 22-247","it":"resolution","t":"Resolution authorizing assignment of...","desc":"Background: - On July 14, 2020, City Council adopted Resolution No. 20-128 in support of community reparations. - The City of Asheville issued a Request for Proposals to solicit a professional project manager to provide comprehensive management, coordination and support services for reparations. - On September 14, 2021, the Asheville City Council authorized the project management contract with TEQuity LLC. - As a result, the City and TEQuity LLC entered into a formal agreement (Resolution No. 21-199). - The contract provides for professional project management services including comprehensive management, coordination and support services throughout the development and work of the Community Reparations Commission in coordination with city staff. - Due to capacity constraints associated with the company president accepting a full time position with another agency, TEQuity LLC wishes to assign this contract and responsibility to a separate entity and requires consent of the City for the assignment. - Assignment of the agreement will allow for the contract scope of service and price to remain unchanged, as well avoiding any interruption in the project management of the Reparations Commission work, - This assignment will reallocate the project management responsibility for this contract from TEQuity LLC to a new entity, Amplify Consulting, LLC dba Civility Localized. Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses in 2021 through a solicitation process which included posting on the State’s Interactive Purchasing System, the City of Asheville website, the City of Asheville Twitter account, and requiring RFP respondents to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - During preparation for advertising this contract, the contract was shared with the Business Inclusion Manager in the Community & Economic Development Department who also served on the City RFP evaluation team. - Out of the nine (9) proposals received, all self-identified as minority business owners. - The entity being assigned the contract is also a woman and minority owned business.  Committee(s): - N/A Pro(s): - Allows for the continuation of the professional project management of comprehensive management, coordination and support services throughout the development and work of the Reparations Commission in coordination with city staff. - The professional project manager has worked previously with the City on the Reimagining Public Safety and Equity-Focused Budget Engagement. - Maintains previously approved scope of services and contract price. Con(s): - None Fiscal Impact: - The assignment will not require additional City funding, as the new vendor will assume the same contract scope and contract price established in September 2021.","c":"Public Safety","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-11-15","mt":"regular","id":"K","ref":"RES 22-248","it":"resolution","t":"Resolution amending the 2022 City...","desc":"Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Wisler","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-11-15","mt":"regular","id":"V-A","ref":"RES 22-250","it":"resolution","t":"Unfinished Business - approve the revised City Council Committees","desc":"Assistant City Manager Rachel Wood said that this is the updating the scope and composition of City Council Committees and committing to conduct a regular review of Council Committee scopes following the annual City Council Retreat. Review: - City Council Committees review policy matters and inform and educate Council on City programs and community matters. - The City Council Committee structure has remained largely unchanged since 2006. - Considering the significant change that has occurred both organizationally and within the community since the Council Committee structure was established, review will ensure Council Committees are in alignment. - City Council currently has six Council Committees, which include: 1) Governance; 2) Boards and Commissions; 3) Planning and Economic Development 4) Housing and Community Development; 5) Public Safety; and 6) Finance and Human Resources - Based on the feedback received to-date, and an assessment of the City Council’s vision and strategic priorities, staff is recommending to revise the Council Committee structure to include: 1. Policy, Finance and Human Resources (combines previous Governance and Finance and Human Resources Committees); 2. Boards and Commissions; 3. Planning and Economic Development; 4. Housing and Community Development; 5. Environment and Safety (expanded scope of Public Safety Committee to include Environment) and;. 6. Equity and Engagement (new Committee) - Additional details on the scopes of the proposed Council Committee structure can be found in the resolution. - The proposed resolution revising the City Council Committee structure also recommends that the City Council conduct a review of committee scopes and structure following each  annual City Council retreat. Council Goals: - Clean and Healthy Environment - Connected & Engaged Community - Equitable & Diverse Community - Financially Resilient City - Thriving Local Economy - Transportation & Accessibility - Well Planned & Livable Community Committee(s): - Council Worksession - May 10, 2022 - Governance Committee - September 13, 2022 - Review and feedback - Governance Committee - October 11, 2022 - Approved 3-0 with recommendation to add food systems security to Environment & Safety Committee Pro(s): - Enhanced alignment with current City Council Vision Focus Areas and Priorities. - Helps provide clarity for topics and policy considerations that should be brought to each City Council Committee. - Enhanced reporting on projects and programs aligned with City Council priorities and Vision Focus Areas. Con(s): - Revision to committee structure that has been largely unchanged since 2006 may cause initial confusion as staff and the community adjust to the revised scopes. Fiscal Impact: - No direct fiscal impact. Ms. Wood said that the following are key takeaways from the presentation: (1) Council Committees review policy matters and inform and educate Council on City programs and community matters; (2) Council Committees have not been reviewed since 2006 - Considering the tremendous change that has occurred both organizationally and within the community, review will ensure committees are in alignment; (3) A recommendation to Council today will inform ongoing work to enhance organizational alignment with Council vision and priorities; NAD (4) Proposed resolution includes an annual review of Council Committees. Using a chart, she explained how we got to this point. She explained the proposed committee scope development (1) Viewed as an opportunity to provide clarity around where and what city initiatives go to Council Committees; (2) Acknowledged some items will need to go to more than one Committee, the primary goal is to establish a “home base” for updates on projects and policy implementation work aligned with Council priorities; (3) Scope language and themes pulled from: Current Council Committee descriptions. Council’s Vision, and Comprehensive Plan; and (4) Department Directors reviewed and shared insights as the subject matter experts. She explained the Council Committees structure as follows: Equity and Engagement The Equity and Engagement Committee will review policy updates and make policy recommendations that ensure:  1) Fairness and equity in the provision of City resources and livelihood needs of all community members and groups; and 2) An equitable community that provides community members with the opportunity to be informed and engaged in the policy making process. Policy Topics Covered: - Equitable Investment - Reparations - Support for Disadvantaged and Minority Communities - Racial Healing Grants - Community Involvement in Decision-Making, Neighborhood Planning - Neighborhood Matching Grants - Citizen Survey - Access to Opportunities - Strategic Partnership Investments - Engagement Initiatives - Engagement Tools and Technologies - Support Issues Pertaining to Persons with Disabilities - LGBTQ+ policy considerations FY23 Council Priorities: - Neighborhood Resilience - Reparations Environment and Safety The Environment and Safety Committee will review policy updates and make policy recommendations that ensure: 1) The contributions of natural resources to human well-being are explicitly recognized and valued and that maintaining their health is a primary objective; 2) Public health needs are recognized and addressed through provisions for healthy foods, physical activity, access to recreation, healthcare, environmental justice, and safe neighborhoods; 3) Building and maintenance resilience to climate change; and 4) The provision of public safety, including Police, Fire, and Emergency Management Services, as well as, intergovernmental relations and cooperation with law enforcement. Policy Topics Covered: - Green Building - Facility Upgrades and Retrofits - Fleet and Carbon Reduction - Green Infrastructure, Flooding and Erosion - Stormwater Management - Trees and Urban Forestry - Climate Change, Adaptation & Resilience - Renewable & Alternative Energy - Food Systems Security - Water Use & Sanitation - Parks and Recreation Operations and Planning - Climate Justice - Emergency Preparedness - Public Safety FY23 Council Priorities: - Reimagining Public Safety - Neighborhood Resilience Planning and Economic Development The Planning and Economic Development Committee will review policy updates and make policy recommendations that: 1) Support City Council’s long-range vision and comprehensive planning goals; 2) Provide direction on development policies and processes and transportation standards that ensure sustainable development and redevelopment strategies; 3) Provide economic development strategies that enhance the health of the economy and improve the employability of Asheville residents; and 4) Ensure that all local proposals account for, connect with, and support the plans of adjacent jurisdictions and the surrounding region. Policy Topics Covered: - Land Use & Zoning - Growth & Development - Transportation & Connectivity - Streets & Sidewalks - Greenways - Transit and Paratransit Service - Infrastructure and Utilities - The Arts & Culture - Public Spaces - Urban Design - Historic Preservation - Regional Transportation - Regional Collaboration, Coordination & Communication - Economic Development - Economic Diversity & Jobs - Real Estate & Public Benefits FY23 Council Priority: - Improve and Expand Core Services Housing & Community Development The Housing and Community Development Committee will: 1) Review policy updates and make policy recommendations that enhance the quality of life in Asheville and the livability of neighborhoods on all matters relating to the creation and maintenance of housing within the City, including public housing and affordable private housing; 2) Review policy matters relating to solving homelessness and the provision of services to unhoused individuals within the City; and 3) Oversee the City’s investments of Federal Housing and Urban Development (HUD) Funding Programs to address a wide range of community development needs. Policy Topics Covered: - Housing Affordability & Supply - Housing Incentives - Homelessness - HUD - CDBG and HOME Investments FY23 Council Priorities: - Houselessness Strategies - Equitable and Affordable Housing and Stability Policy, Finance and Human Resources The Policy, Finance, and Human Resources Committee will hear and review policy updates on: 1) Governance related matters and the policy development process; 2) City Council’s Rules of Procedures, establishment of the Council Retreat Committee, and Council Committees; 3) The annual budget process, capital improvement programming and debt, financial reporting, annual audit, and fees; and 4) Policies related to Human Resources, including personnel and compensation. Policy Topics Covered: - Citywide policy initiatives - Council Rules of Procedure - Purview and Structure of Council Committee(s) - Financial well being - Capital Improvement Program (CIP) and Debt - Budget Process - Annual Audit - Land Use Incentive Grants - Human Resource Policies, including employee compensation FY23 Council Priority: - Improve and Expand Core Services Boards and Commissions Committee The Boards and Commissions Committee will: 1) Review applications to boards and commissions and recommend appointments to City Council; 2) Provide guidance on establishing new boards and commissions; 3) Review amendments to board and commission establishing resolutions/ordinances; 4) Develop process timelines for appointments as needed; and 5) Review and make recommendations on board and commission related policies and evaluations. Policy Topics Covered: - Appointment process for boards and commissions - Board and commission rules and procedure(s) Council Priorities: - All Ms. Woods said the next steps include (1) Potential new Council Committee structure to go into effect January 2023 - Mayor to appoint Council members to Council Committees after election; and (2) Ongoing - annual review of Council Committees following City Council Retreat. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mosley","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2022-11-15","mt":"regular","id":"V-B-1","ref":"RES 22-251","it":"resolution","t":"Appoint David Ledger as member of the Noise Advisory Board","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Noise Advisory Board. Anoop Kirshnan (industrial/construction representative) was removed as a member from the Noise Advisory Board due to lack of attendance, thus leaving an unexpired term until November 1, 2024. The following eligible individual applied for the vacancy: David Ledger. The staff of the Noise Advisory Board recommend, and the Boards & Commissions Committee concur, to appoint David Ledger.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"no material signals","sq":16},{"d":"2022-11-15","mt":"regular","id":"V-B-2","ref":"RES 22-252","it":"resolution","t":"Appoint Pat Kappes as member of the Public Art & Cultural Commission","desc":"Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Public Art & Cultural Commission. Jasmine Washington has resigned as a member of the Public Art & Cultural Commission, thus leaving an unexpired term until June 30, 2023.  The following individuals applied for the vacancy: Carlos Fernandez, Kurk Perschke, Parker Browne, Pat Kappes and Thomas McLaughlin. The Public Art & Cultural Commission recommended, and the Boards & Commissions Committee concurred, to appoint Pat Kappes.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"no material signals","sq":17},{"d":"2022-11-15","mt":"regular","id":"V-B-3","ref":"","it":"resolution","t":"Confirm appointment of Eric Robinson and Tamara Miller","desc":"Tamara Miller as members of the Reparations Commission in the public housing community sector, until the dissolution of the Commission.This motion was seconded by Councilwoman Kilgore and carried unanimously. HUMAN RELATIONS COMMISSION Vice-Mayor Smith said that at the November 15 Boards & Commissions Committee meeting, they voted 2-1 to recommend reduction of the membership of the Human Relations Commission from 15 to 9 members, as requested by the Human Relations Commission. Those currently serving will continue to serve until the end of their terms. Councilwoman Roney noted that she voted at the Committee meeting to reduce the membership from 15 to 11 members because we have such a long list of folks that we could to bring their lived and professional experience to the table. Regarding the residency requirement for Commission members, it was the consensus of Council that this item be added to a future City Council agenda along with information regarding past City residence history of current members living outside the City limits. It was the consensus of Council to direct staff to bring an ordinance amendment and requested information to the Policy, Finance & Human Resources Commission prior to the full City Council.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"appointment/reappointment","sq":18},{"d":"2022-11-15","mt":"regular","id":"V-C","ref":"RES 22-241","it":"resolution","t":"Resolution of appreciation to Gwen Wisler","desc":"Mayor Manheimer read the resolution.","c":"Administrative","mo":"individual","mv":"","sec":"","r":"passed","ta":"7-0","cf":"medium","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":1,"mr":"contested vote","sq":19},{"d":"2022-11-15","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session pursuant to N.C. Gen. Stat. 143-318.11(a)(6)","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Wisler","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":20},{"d":"2022-11-15","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1DvxrKPV5yNpOOpNH-IKpBNlfACHlmEYm/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":21},{"d":"2022-12-06","mt":"special","id":"vice-mayor","ref":"","it":"motion","t":"Election of Vice-Mayor - nominate Councilwoman Kilgore as Vice-Mayor","desc":"Vice-Mayor of the City of Asheville. This motion was seconded by Councilman Turner carried on a 6-1 vote, with Councilwoman Mosley voting “no”. Vice-Mayor Kilgore looked forward to the opportunity to work, grow, learn and collaborate with her fellow Council members in order to deliver the very best service to our community. SWEARING-IN ADDRESS Mayor Manheimer gave a brief address about how the accomplishments of a city council doesn’t happen in a vacuum, but that we work with partners across our community, including governmental, nonprofit and for-profit groups. And, we rely on our talented city staff which brings to life the policies and priorities of this council. Ultimately, however, this council is working in concert with the community we serve, each of us reflecting a constituency struggling for a voice at this dais. Let us hold onto that abiding curiosity, respect and even love as we work together as a council, as a community, to boldly address the challenges facing our city and its people. ADJOURNMENT: Mayor Manheimer adjourned the organizational meeting at 4:16 p.m. __________________________________ _____________________________ City Clerk Mayor","c":"Administrative","mo":"other","mv":"Roney","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1jawLIohoBdmPjYgzdtUlEXeJ-3mnH5wj/view?usp=share_link","mat":1,"mr":"contested vote","sq":0},{"d":"2022-12-13","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on November 15, 2022","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2022-12-13","mt":"regular","id":"B","ref":"RES 22-253","it":"resolution","t":"Resolution authorizing the City of Asheville to...","desc":"Background: - The City owns and operates six New Way automated side loading garbage trucks to provide trash collection by the Sanitation Division. - New Way parts are only available through authorized dealers, and Amick Equipment Co., Inc. is the only authorized dealer for sales, service, parts, and all related items for New Way products in North Carolina. - Use of OEM (original equipment manufacturer) parts is recommended to maintain the equipment up to the manufacturer’s standards.  Committee(s): - None Pro(s): - This resolution will allow the Fleet Division to efficiently purchase the needed parts required to repair and maintain the City’s six New Way trucks. Con(s): - None Fiscal Impact: - Staff estimate that $80,000 will be spent in the current fiscal year. - Funding for these purchases is available in the Public Works Department operating budget.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2022-12-13","mt":"regular","id":"C","ref":"RES 22-254 / ORD 4986","it":"resolution","t":"Resolution and budget amendment to accept grant","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2022-12-13","mt":"regular","id":"D","ref":"RES 22-255","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - Each year, the City must apply to the FBRMPO to receive FTA Section 5307 Job Access Reverse Commute (JARC) and FTA Section 5310 (Enhanced Mobility of Seniors and Individuals with Disabilities) funds for transit operations, grant management and administration, and reporting. - On November 2, 2022, FBRMPO issued a Call for Projects for the Federal Transit Administration FY 2022 Section 5307 (JARC) and Section 5310 funds soliciting proposals. - The deadline for the grant application is December 15, 2022. - The City utilizes Section 5307 (JARC) funding to support Route 170, the fixed-route service operated between downtown Asheville and the Town of Black Mountain. - The total FY22 Section 5307 (JARC) funds available for distribution is $408,394. - The City is applying for $254,720 in federal funding. - The match requirement for this grant is 50%. - In the coming fiscal year, the Town of Black Mountain has agreed to provide $25,000 toward the required matching funds, and Buncombe County is expected to provide approximately $86,000 in matching funds as well. - The City will provide the remaining match ($143,720). - The City utilizes Section 5310 funds to support operation of the City’s paratransit service. - The total FY2022 Section 5310 funding available is $511,257. - Of this funding,10% or $51,125, is automatically allocated to the City of Asheville for administration of the grant. - The remaining $460,132 will be awarded for regular 5310 projects and programs. - The City is applying for $210,000 in FY22 Section 5310 funding. - The match requirement for this grant is 20% ($52,500).  Committee(s): - None.  Pro(s): - Enables the City to use federal funds to help offset the annual operating cost of paratransit and Route 170 fixed-route services. - Grant recipients and subrecipients are responsible for their local match. - The City will receive $51,125 for oversight and administrative cost which does not require a local match. - These funds will be used for the administrative cost for the Section 5310 program. Con(s): - The City is responsible for the 20% and 50% local match for the Section 5310 and JARC Funding programs respectively. - There is no administrative fee paid to the City for administering the 5307/JARC grant program. Fiscal Impact: - If awarded the grant funding ($515,845), matching funds (including $196,220 of City funding), and associated expenses will be included in the Proposed FY24 Budget (Transit Services Fund).","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2022-12-13","mt":"regular","id":"E","ref":"RES 22-256","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - The City currently contracts with a software company called Swiftly to provide various transit-related data and information services that are integral to Asheville Rides Transit (ART) daily operations. - These services include: - GPS-enabled real-time data showing the location of each bus on a route and when the bus is expected to arrive at a stop. - This data is pushed out by apps such as Google Maps, Moovit, and Transit App. - Trip planning capabilities - riders can enter where they want to go and the software will recommend routes and times. - Monitoring and reporting of on-time-performance for the overall system and for each route. - Bus operators and dispatchers use Swiftly for navigation and driver training. - The City’s current contract was entered into after a Request for Proposals during September 2018. - The City’s current contract with Swiftly expires at the end of December 2022. - To ensure continued operations and real-time transit information for the public, staff is recommending using a cooperative purchasing agreement developed by the National Association of State Purchasing Officials (NASPO) that is specific to cloud-based softwares and includes transit-related software such as Swiftly (provided by Carahsoft Cloud Solutions). Vendor Outreach Efforts: - None since a cooperative purchasing agreement is being used.  Committee(s): - None Pro(s): - This action will allow continued and uninterrupted use of critical software that provides information to both the public and staff regarding transit service. Con(s): - Failure to take this action will result in the existing contract with Swiftly ending and therefore a stoppage in receiving data and information regarding bus locations, system performance, and certain ART training activities. - Failure to take this action will also require staff to pursue procurement of an alternative software to provide transit data, resulting in additional cost and impacts to riders. Fiscal Impact: - The contract will be a three-year contract with potential for additional one-year renewals under the cooperative purchasing agreement. The three-year contract cost totals $237,276 and is broken down as follows for each year: - Year 1 (January 1, 2023 - December 31, 2023) = $74,714 - Year 2 (January 1, 2024 - December 31, 2024) = $79,298 - Year 3 (January 1, 2025 - December 31, 2025) = $83,262 - Funding for the first year of this contract is available in the Transit Services operating budget. Future years will be planned for during the annual budget development process.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2022-12-13","mt":"regular","id":"F","ref":"RES 22-257","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - The Irby Brinson sports complex at Valley Springs Middle School is owned by the Buncombe County Board of Education. - Previously the City entered into an agreement with the Buncombe County Board of Education to construct the Irby Brinson Sports Complex. - Since the construction the property and existing site improvements have been used exclusively for recreational purposes by the school and the City Parks & Recreation Department. - The park is needed for youth athletic programming activities serving South Asheville. - This agreement is beneficial to the Parks and Recreation Department because it allows the department to continue to support youth recreation sports, specifically baseball, softball, t-ball, and youth football. - The previous agreement expired in June 2022, and the City approached Buncombe County Board of Education expressing interest in renewing the agreement for 1 (one) year with the option for 2 (two) years extension. - Buncombe County Board of Education is agreeable to the extension. - Existing terms of the agreement will continue, such as the City’s commitment to maintain the facilities, make any necessary repairs, and cover utility costs. - The City shall maintain adequate property & casualty insurances for any use of the facility. Council Goal(s) - A Well Planned and Livable Community - A Clean and Healthy Environment Pro(s): - Establishes the expectations for the responsibility of the City as they relate to the use & maintenance of the sports complex at Valley Springs Middle School. . - Supports City Council’s FY 2022-23 Neighborhood Resilience and Improve and Expand Core Services priorities through partnership with the Buncombe County Board of Education Con(s): - The agreement commits the City to costs to maintain the facility during its programmed use. - Places liability on the City during its programmed use. Fiscal Impact: - Any maintenance of this facility will be funded from within the existing Parks & Recreation operating budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2022-12-13","mt":"regular","id":"G","ref":"RES 22-258","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - The roof at North Fork Filter Building has experienced degradation to water resistant coatings in masonry. - Facade and shingle sections of building were originally constructed in 1978 - Aging clay tiles on the roof require removal and replacement with new shingles. - Deteriorating wooden decking under the roof requires removal and replacement to maintain structural integrity. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The project was competitively bid as an informal bid. - A pre-bid meeting was held on site at the North Fork Plant on October 13, 2022. - Two bids were submitted on November 2, 2022 for the project from J Bartholomew Construction ($195,000), and from WNC Roofing LLC ($108,500) - WNC Roofing LLC is a woman-owned business. - Following a review of the bids by City staff and the project engineers, WNC Roofing was selected as the lowest responsible, responsive bidder.  Committee(s): - None Pro(s): - Ensures continued structural integrity of City Water System buildings. - Ensures continuous operation of North Fork Water Facility. - Ensures protection of Water Resources infrastructure from exposure to elements. Con(s): - Building houses multi-million dollar equipment that requires protection from rain. - Building is a critical component of the treatment of the City water supply. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2022-12-13","mt":"regular","id":"H-1","ref":"RES 22-259","it":"resolution","t":"Resolution approving application/acceptance of grant from U.S. Dept of Justice (2022 Bulletproof Vest Partnership Grant)","desc":"","c":"Community Programs","mo":"individual","mv":"Smith","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"contested vote","sq":12},{"d":"2022-12-13","mt":"regular","id":"H-2","ref":"ORD 4987","it":"ordinance","t":"Budget amendment from U.S. Dept of Justice for 2022 Bulletproof Vest Partnership Grant","desc":"Background: - The City of Asheville receives an annual opportunity to apply for a U.S. Department of Justice (DOJ), Bulletproof Vest Partnership (BVP) Grant. - The DOJ has preliminarily determined that the Asheville Police Department (APD) is eligible to receive a 2022 award of $10,163.61 which requires a dollar for dollar match by the City. - Bulletproof vests expire after 5 years, and during the life of this grant 50 current officer’s vests will expire and require replacement. - The funding will allow the purchase of 26 bulletproof vests over the two year life of the grant.  Committee(s): - Public Safety Committee - November 17, 2022 - 2-1 approval to move forward to City Council Pro(s): - Increases officer safety by providing crucial safety equipment. - Reduction in cost to the City of Asheville for the purchase of bulletproof vests Con(s): - None Fiscal Impact: - Funding for the required $10,163.61 local match has been identified within the current fiscal year General Fund operating budget. - This grant offsets the cost of equipment replacement that would otherwise be borne in full by the City.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"contested vote","sq":13},{"d":"2022-12-13","mt":"regular","id":"I-1","ref":"RES 22-260","it":"resolution","t":"Resolution approving application/acceptance of 2022 Edward Byrne Justice Assistance Grant","desc":"","c":"Community Programs","mo":"individual","mv":"Turner","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"contested vote","sq":14},{"d":"2022-12-13","mt":"regular","id":"I-2","ref":"ORD 4988","it":"ordinance","t":"Budget amendment from U.S. Dept of Justice for 2022 Edward Byrne Justice Assistance Grant","desc":"Background: - The City of Asheville receives an annual opportunity to apply for a Department of Justice (DOJ), Edward Byrne Justice Assistance Grant. - The DOJ has preliminarily determined that the Asheville Police Department (APD) is eligible to receive a 2022 award of $80,145 which is allocated to the APD and the Buncombe County Sheriff’s Office in the amounts of $61,926 and $18,219 respectively. - The APD will use the funds to help pay for a DNA Analyzer machine. - The Buncombe County Sheriff’s Office CID (Crime Investigations Division), and CNT (Crisis Negotiation Team) will use grant funds to purchase access (license) for Magnet Axiom $3,840, and to update vital technology programs and related equipment for CID ($6,840) and CNT ($7,545) law enforcement. - The grant does not require local matching funds.  Committee(s): - Public Safety Committee - November 17, 2022 - 2-1 approved to move forward to City Council Pro(s): - Ensures the ability to better protect the safety of the residents of Asheville and Buncombe County. Con(s): - None Fiscal Impact: - Matching funds are not required for this grant.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"contested vote","sq":15},{"d":"2022-12-13","mt":"regular","id":"IV-A","ref":"RES 22-270","it":"resolution","t":"Public hearing to close a portion of an unopened right-of-way - resolution to permanently close","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close an unopened right-of-way on Clayton Avenue adjacent to 77 Hansel Avenue. This public hearing was advertised on November 18 and 25 and December 2 and 9, 2022. Background: - City Council passed a resolution November 15, 2022 to set a public hearing for the proposed closure on December 13, 2022. - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Buncombe County Rescue Squad is the applicant. - The applicant wishes to permanently close a portion of an unopened right-of-way on Clayton Avenue adjacent to 77 Hansel Avenue to rectify an error on the original plat (PB 2, PG. 78) that locates Clayton Avenue south of its true location. - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right of way. - Signs were placed at two locations along the right-of-way announcing the public hearing and potential closure.  Committee(s): - Technical Review Committee - October 3, 2022 - Recommended approval - Multimodal Transportation Commission - October 26, 2022 - Recommended approval Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. - The subject action corrects a platting error. Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact. Ms. Morriss said that the Buncombe County Rescue Squad has petitioned for this closure and they own the property at 77 Hansel Avenue. This closure request is to rectify an error on the original plat that locates Clayton Avenue south of its true location. The length of the proposed closure is approximately 270 feet and the width is 40 feet. There are no utility conflicts or future transportation issues of this right-of-way. She said the Technical Review Committee and the Multimodal Transportation Commission reviewed this request and both approved the closure. Mayor Manheimer opened the public hearing at 6:53 p.m., and when no one spoke, she closed the public hearing at 6:53 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2022-12-13","mt":"regular","id":"IV-B-1","ref":"RES 22-271","it":"resolution","t":"Public hearing on issuance of bonds - adopt bond order without change","desc":"Finance Director Tony McDowell said that this is the consideration of holding a public hearing to receive public comment on the issuance of 2023 General Obligation Refunding Bonds;  adoption of the Bond Order that authorizes the issuance of 2023 General Obligation (GO) Refunding Bonds in an amount not to exceed $26,000,000 ; and adoption of Bond Resolution providing for the issuance of 2023 General Obligation (GO) Refunding Bonds. The bond order titled, “BOND ORDER AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $26,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF ASHEVILLE, NORTH CAROLINA” was introduced at the regular meeting of the City Council on November 15, 2022, and was published on December 2, 2022, with notice that the City Council would hold a public hearing thereon on December 13, 2022, at 5:00 p.m. or as soon thereafter as practicable. Background: - On November 8, 2016, Asheville voters approved a $74 million General Obligation (GO) Bond Referendum - $32 million for Transportation improvements, $25 million for Affordable Housing initiatives and $17 million for Parks and Recreation improvements. - In June 2020, the City issued a three-year short-term general obligation bond in an amount not to exceed $25,000,000. - Short term bonds provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing. - Since the short term bond was issued in June 2020, the City has drawn down approximately $14.9 million and will draw the remaining available amount over the next two months. - In order to refund the $25,000,000 principal on the short term bond, the City intends to issue long-term, fixed-rate GO Bonds in early 2023. - Staff is seeking Council approval of the Bond Order that authorizes the issuance of 2023 General Obligation (GO) Refunding Bonds in an amount not to exceed $26,000,000, this amount includes an estimate of potential Original Issue Discount and issuance cost, and the approval of the Bond Resolution providing for the issuance of the 2023 General Obligation (GO) Refunding Bonds.  Pro(s): - Converts GO funding from short-term variable-rate debt to long-term, fixed-rate bonds. - Spreads capital costs over a longer term to better match assets' lives. Con(s): - None Fiscal Impact: - In June 2017, City Council approved a 3.5 cent increase to the property tax rate to fund future debt service associated with voter passage of the GO Bond referendum. - The debt service payments for this bond refunding are already included in the multi-year Capital Improvement Program (CIP)/Debt Financial Model. At 6:55 p.m., Mayor Manheimer announced that the City Council would hear anyone who wished to be heard on the questions of validity of the bond order and the advisability of issuing the General Obligation Refunding Bonds, and when no one spoke, she closed the public hearing at 6:55 p.m. Mayor Manheimer said that members of Council have previously received a copy of the bond order and resolution and they would not be read.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":20},{"d":"2022-12-13","mt":"regular","id":"IV-B-2","ref":"","it":"resolution","t":"Resolution re General Obligation Refunding Bonds, Series 2023","desc":". This motion was seconded by Vice-Mayor Kilgore and carried unanimously.","c":"Budget & Finance","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"policy category","sq":21},{"d":"2022-12-13","mt":"regular","id":"IV-C","ref":"ORD 4990","it":"ordinance","t":"Public hearing to amend conditional zoning ordinance (ORD 4625) for property at 175 - conditional zoning amendment request","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the conditional zoning ordinance (Ordinance No. 4625) for property located at 175 Lyman Street from Mixed-Use Expansion/Conditional Zone to Commercial Expansion/Conditional Zone. This public hearing was advertised on December 2 and 9, 2022. Project Location and Contacts: - The project site totals 2.8 acres located at 175 Lyman St (PIN 9638-96-8455). - Owner: 2 Riverside LLC Summary of Petition: Project Site - The project site consists of a 2.8-acre parcel located at 175 Lyman St. - The site is currently zoned Mixed Use Expansion - Conditional Zone through a prior conditional zoning approved in 2017 (Ord. No. 4625), which approved four six-story buildings with a total of 133 residential units and 247 parking spaces. - The applicant is requesting an amendment to the conditional zoning to the Commercial Expansion - Conditional Zone (COM EXP - CZ) district. - Per UDO Sec. 7-8-41(d), the underlying form code for the RAD - River district shall apply regarding siting and building design. - Both segments of Lyman Street, to the west and north of the project site, are considered primary streets per the River Arts Form District. - The site is designated “Traditional Corridor” on the city’s Future Land Use (FLU) Map. - A change in the FLU designation will not be required. - The project site is currently vacant as the remaining historic building on site, the Carolina Coal and Ice Building, was recently demolished. - The project site is located within a Zone AE Floodplain with a 1% annual chance of a flood event. - The project site is located in an Opportunity Zone which aims to attract investment capital into low-income areas and offer qualified investors certain tax benefits when they invest unrealized capital gains into these areas. Overall Project Proposal - The project consists of a new six-story mixed-use building with a total of 263 residential units and approximately 4,500 square feet of retail and artist studio space. - 13 units (five percent) will be affordable at 80% Area Median Income (AMI) for a minimum of 10 years. - The first two stories of the proposed building will consist of structured parking with ground-floor retail and lobby spaces on the north elevation, with four stories of multifamily residential above. - Due to the project being located in a floodplain, all occupied interior spaces at the first floor will be constructed to floodproofing standards, including using cast-in-place concrete perimeter walls and installation of channels for gasketed floodgates to be installed at all window and door openings. These floodgate panels will be stored onsite in a storage room designed for this purpose. - Other ancillary spaces such as loading and move-in areas and stairs will be constructed to a wet floodproofing standard, intended to allow water in but be minimally impacted once floodwaters recede. - The parking garage will have sufficient openings to allow the flow of water through the first floor level and out the back side of the building. Site Layout and Design - The maximum height of buildings in the RAD-RIV district is four stories and 55 feet, or five stories and 70 feet if 20% of the units are designated affordable. - Building height in the RAD-RIV district is measured from the average grade to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including a maximum six-foot high parapet wall encroachment. - The height of the proposed building is six stories and approximately 75 feet. - The project is seeking a technical modification for building stories and height. - The RAD-RIV district requires a 15 foot primary street setback on both sides of Lyman Street, which are both considered primary streets. There are no required rear yard or side yard setbacks. - The project is proposing a primary street setback of four feet along Lyman Street (north) and 15 feet along Lyman Street (west), and no side or rear yard setbacks. - The project is seeking a technical modification for the primary street setback along Lyman Street (north) - Maximum impervious surface in the RAD-RIV district is 80%. - The proposed project would result in a total impervious area of 85%. - The project is seeking a technical modification for impervious surface. - The RAD-RIV district requires 50% of the primary ground floor, 25% of the side ground floor, and 20% of the upper stories to be composed of windows, doors, or other openings. The building’s design complies with this requirement. - The RAD-RIV district allows for a maximum of 50 feet in pedestrian entrance spacing along the primary streets. - The proposed building design has pedestrian entrance spacing in excess of 50 feet on both of its primary street-facing elevations. - The project is seeking a technical modification for pedestrian entrance spacing. - The RAD-RIV district has a maximum street-facing facade length of 200 feet. - The proposed building design has facade lengths in excess of 200 feet along both of its primary street-facing elevations. The project is seeking a technical modification for street-facing facade length. - The RAD-RIV district has a maximum building lot coverage of 80%. The project design has a building lot coverage of 75% and complies with this requirement Landscaping and Open Space - Landscape requirements apply, including street trees and parking garage screening. - The project proposes a total of 16 street trees, which are proposed to be Fruitless Sweetgum, as well as a total of 27 trees and 54 shrubs for parking garage screening requirements. - Building Impact landscape requirements do not apply in the River Arts Form District. - There are no open space requirements in the River Arts Form District. - The subject property is classified as “Urban” under the tree canopy preservation standards with a classification of “Class B” resulting in a 15% tree canopy requirement. - The site has a total existing canopy of 1.8%. - The tree canopy preservation requirement will be met through a combination of new tree plantings and fee-in-lieu. Access, Sidewalks and Parking - Vehicular access to the parking garage will be provided at the north and west sides of the parking garage. - Loading access is proposed on the west side of the parking garage on Lyman Street (west). - A total of 367 parking spaces are proposed within the parking garage. 282 parking spaces will be for the residential units, and 85 spaces will be for the retail uses and for the general public. - Based on the number of bedrooms and dwelling units, as well as the square footage of retail use, the minimum/maximum number of required parking spaces is 206/549. - Bicycle parking is required in the River Arts Form District and is equal to 133 total bicycle spaces based on the project’s dwelling units and square footage of retail use. - 106 spaces are required for short-term parking (accessible and visible) and 27 spaces are required for long-term parking (enclosed and secured). - The project is providing 134 total bicycle spaces, with 28 for short-term parking and 106 for long-term parking. - The RAD-RIV district requires eight foot-wide sidewalks with six foot-wide planting strips along the primary streets of both sides of Lyman St. - The project proposes keeping the existing five foot-wide sidewalks, which were recently constructed as part of the RAD Transportation Improvement Project. - The project is seeking a technical modification for sidewalks. - The project proposes a plaza feature at the northwest corner of the site at the corner of Lyman Street, as well as an enhanced pedestrian area on the north side of the building where the retail and artist studio spaces are planned, separated from the sidewalk by a knee wall. The plaza space has several design options, all of which incorporate elements such as a seating area, rain garden, and bioswale along the sidewalk. Technical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process including: - Building height of six stories and 75 feet total instead of the maximum height allowed of four stories and 55 feet (or five stories and 70 feet if 20% of the units are designated affordable). - Primary street setback along Lyman Street (north) of four feet instead of the required 15 foot primary street setback. - Impervious surface totalling 85% instead of the maximum 80% standard. - No new sidewalks as required to be eight feet-wide with six foot-wide planting strips. The existing sidewalks on both sides of Lyman Street were recently constructed as part of the River Arts District Transportation Improvement Project (RADTIP). - Pedestrian entrance spacing in excess of the maximum 50 feet on both primary street-facing facades along Lyman Streets. - Street-facing facades length in excess of the maximum 200 feet standard for both street-facing facades on Lyman Streets. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks. - Elevate the Arts and Cultural Sectors to Strengthen and Preserve Heritage and History - by supporting opportunities for the creative sector to affordably live, work, and share their work. - Encourage Naturalized Stormwater Management Techniques - by implementing low-impact development and green infrastructure strategies. - The proposed development is compatible with the Future Land Use designation of the project site of “Traditional Corridor” which is described, in part, as “Traditional corridors can be enhanced with full multimodal access, a broad range of community service uses, parking located to the side or rear of buildings, higher residential densities that are  supported by transit and wider sidewalks to enhance access to/from neighborhoods” (p. 343). The Wilma Dykeman Riverway Master Plan (2004) - The proposed development supports the character of the River Arts District described in the Wilma Dykeman Riverway Master Plan, specifically: - “The River Arts District offers an opportunity to create new open spaces as well as mixed-use, mixed-income housing that preserves the industrial heritage of the mills that distinguish the riverfront and offers unique alternatives to other districts within the city” (p. 4). - “This district will continue to grow as a concentration of new and reused buildings of mixed-use offering live/work arrangements for artisans and those interested in living along the River” (p.16) Compatibility Analysis: - The proposed project is compatible with the surrounding land uses, including: - The artist studio and retail spaces located along River Arts Pl to the west of the site. - The light industrial uses and old warehouse/manufacturing buildings located along Lyman St to the south of the site. - The French Broad River and Wilma Dykeman Greenway located to the west of the site. - The character and mix of uses currently located throughout and envisioned for the River Arts District.  Committee(s): - Technical Review Committee (TRC) - September 19, 2022 - approved with conditions. - Asheville Area Riverfront Redevelopment Commission (AARRC) - October 13, 2022 - The Commission was overall supportive of the project and discussed a number of items with the applicant, including 1) The suggestion for more EV charging stations in the parking garage; 2) The engagement with the surrounding community and dialogue with Black Wall Street about potential tenants for the retail and artist spaces; 3) The innovative stormwater mitigation techniques proposed, and; 4) The potential for a new or enhanced bus stop in the area depending on future transit routes. - Design Review Committee (DRC) - October 20, 2022 - approved unanimously (Vote: 8-0) with the following conditions: 1) That the project incorporate the material, color, fenestration, and general detailing as shown in the Concept Renderings on sheet A5.A30 of the DRC submittal regarding the three red vertical elements, the incorporation of brick detailing and arches, the more closely spaced storefront mullions, and other details as presented on that design; 2) That the project incorporate, as much as is feasible, green roofs and other stormwater control measures within the building design; and, 3) That the applicant return to the DRC to provide an informal courtesy review following these recommended changes and review by the Planning & Zoning. - These conditions of the project’s approval by the DRC are addressed with the revised project submission for the Planning & Zoning Commission hearing. - Planning & Zoning Commission (PZC) - November 2, 2022 - approved (Vote: 4-1) with the following condition: 1) That a minimum of one of the commercial spaces will be made available at below market rate in perpetuity. There was also a conversation around the number of affordable dwelling units and the length of time they would remain affordable, which led to the one dissenting vote.  Staff Recommendation: - Staff recommends approval of this rezoning amendment request based on the reasons stated above. Mr. Palmquist reviewed the aerial imagery and the future land use map. He then reviewed a chart of the existing and proposed zoning. Regarding the site plan, he said it contains a new six-story building (2 levels of parking with 4 levels of multifamily); 263 residential dwelling units; 13 units (5%) affordable at 80% AMI for 10 years; 4,500 s.f. of retail / artist studio space (one unit below market rate below perpetuity); 367 garage parking spaces (85 of which are for public use); access from Lyman Street (north and west); no new sidewalks proposed (existing new sidewalks on Lyman Street); plaza in northwest corner; landscaping standards: street trees and parking garage screening; and Tree Canopy Preservation standards met on-site and fee-in-lieu. He then reviewed the landscape plan; along with views looking east from the French Broad River and looking wet down Lyman Street. He then reviewed the following conditions (1) 5% of the units (13 units) will be designated affordable to those at or below 80% Area Median Income (AMI) for a minimum of 10 years; (2) A minimum of one of the commercial spaces will be made available at below market rate in perpetuity; and (3) 85 parking spaces available for public use. Technical modifications include (1) Building height of six stories and 75 feet total instead of the maximum height allowed of four stories and 55 feet; (2) Primary street setback along Lyman Street (north) of four feet instead of the required 15 foot primary street setback; (3) Impervious surface totalling 85% instead of the maximum 80% standard; (4) No new sidewalks as required to be eight feet-wide with six foot-wide planting strips; (5) Pedestrian entrance spacing in excess of the maximum 50 feet on both primary street-facing facades along Lyman Streets; and (6) Street-facing facades length in excess of the maximum 200 feet standard for both street-facing facades on Lyman Streets. The following was the review process: Technical Review Committee (TRC) - September 19, 2022 - Approved with conditions; Asheville Area Riverfront Redevelopment Commission (AARRC) - October 13, 2022 - Overall supportive with comments given; Design Review Committee (DRC) - October 20, 2022 - Approved with conditions; and Planning & Zoning Commission (PZC) - November 2, 2022 - Approved with condition that a minimum of one of the commercial spaces will be made available at below market rate in perpetuity. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Mr. Palmquist responded to Councilwoman Turner about how the changes to the mapping of the floodplain affected the design. Councilwoman Roney appreciated the on-site stormwater, working with neighbors to address public benefits like public parking and local business invitation for commercial space. She was glad to see a housing use instead of a lodging use if that is indeed the case. As this site is 3-tenths of a mile from transit and the RADTIP corridor, she was curious if more affordability might have been met with allowed height density that wasn’t taken advantage of. The applicant responded to Councilwoman Roney regarding solar and electric charging to help reach our carbon reduction goals stating that there were no solar panels but they will have electric charging stations. City Attorney Branham explained to Councilwoman Roney how the City’s tree fee-in-lieu policy works, and how there are currently restrictions in the ordinance that would prevent any new residential property development being used for whole-home short-term rental.  There was a brief discussion about developing a public benefits table for multi-family housing, and what kind of outreach the applicant is making due to concerns about artists being displaced in the RAD. Mayor Manheimer opened the public hearing at 7:41 p.m. Two individuals spoke in support of this project and their willingness to work with Black Wall Street on one of the commercial spaces being made available at below market rate in perpetuity. Mayor Manheimer closed the public hearing at 7:46 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2022-12-13","mt":"regular","id":"J","ref":"RES 22-261","it":"resolution","t":"Resolution to execute contract with Cole Pro Media for police transparency engagement advising services","desc":"Background: - In August of 2018, 21CP Solutions, LLC was engaged by Asheville City Council to review the arrest, the tactics, policies, and procedures involved in an excessive force incident. - Recommendation 8.4 of the Policy and Procedure Review report issued by the company stated, “The City should consider retaining a firm to provide crisis response services to the APD and the City of Asheville in the future. Relying on skilled crisis management experts can reduce the scope and impact of a critical incident, by taking an active role in developing a cohesive, coordinated response across involved parties. These strategic responses can involve asserting control over media exposure, reducing liability, and preserving public safety in the immediate aftermath.” - The Asheville Police Department (APD) is requesting approval from Council to enter into a new contract with Cole Pro Media, LLC, the company identified for award as the result of an Request for Proposals process.  - Cole Pro Media will provide services to APD, which include counseling, advising, and guiding the Police Department in matters of transparency engagement issues, crisis communications, social media messaging, critical incidents or any other counsel requested by the Police Department and City Management. - The total annual cost for this contract is $54,000. - Two optional renewals will be included in the contract documents, bringing the intended three year contract total to $162,000. - APD already includes this expense in the annual budget process so no additional funding is required.  Committee(s): - Public Safety Committee - November 17, 2022 - 2-1 approval to move forward to City Council Pro(s): - Fulfills recommendation 8.4 of the Policy and Procedure Review report issued in August of 2018 by 21CP Solutions, LLC as engaged by Asheville City Council to review the arrest, the tactics, policies, and procedures involved in an excessive force incident. - Community transparency through counseling, advising, and guidance of the Asheville Police Department by a third party, established, professional agency. Con(s): - Continued annual cost of contracting with a Transparency Engagement Advising Service. Fiscal Impact: - Funding for this contract is available in the Asheville Police Department operating budget.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"contested vote","sq":16},{"d":"2022-12-13","mt":"regular","id":"K","ref":"RES 22-262","it":"resolution","t":"Resolution to renew contract with LexisNexis for ACCURINT Virtual Crime Center","desc":"with LexisNexis ACCURINT Virtual Crime Center crime analysis platform, now valued at $111,426.95. Background: - The Asheville Police Department (APD) entered into a contractual agreement with LexisNexis for a local and nationwide crime analysis platform, ACCURINT Virtual Crime Center (AVCC), for the first time on November 21, 2016. - APD continued its partnership with LexisNexis, executing the current contract on January 1, 2021. - The City of Asheville's Police Department and its citizens both have access to utilize this platform. - Access is provided through the web-based Community Crime Mapper that disseminates crime data in a geospatial map and on a link analysis chart. - The Crime Mapper allows its customers to access real-time nationwide public records databases. - The total annual cost to APD on January 1, 2021 was $36,050.00 with a 3% annual increase. The contract was renewed January 1, 2022 for $37,131.50, bringing the total contract value to $73,181.50. - APD is requesting approval to enter into the third and final renewal of the active contract. - The renewal amount is $38,245.45 and will bring the contract total for all three years to $111,426.95, thus requiring Council approval to proceed. - APD already includes this expense in the annual budget process so no additional funding is required.  Committee(s): - Public Safety Committee - November 17, 2022 Pro(s): - Use of a nationwide crime analysis platform, now more robust, extensively used internally by APD and its crime analysts since 2016, as well as, made available to the citizens of Asheville. Con(s): - None Fiscal Impact: - Funding for this contract is available in the Asheville Police Department operating budget.","c":"Public Safety","mo":"individual","mv":"Mosley","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"contested vote","sq":17},{"d":"2022-12-13","mt":"regular","id":"L","ref":"RES 22-263","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - Verizon has been one of two telecommunications tenants on the City-owned Royal Pines Cell Tower located at 57 Crestwood Drive. - The City owns the tower primarily for its own public safety communications equipment and allows private telecom companies to utilize space per license agreements with the City. - Verizon Wireless has been a long-standing telecommunications tenant since 2008. - The most recent Structural Analysis has shown that the tower is near maximum capacity and equipment upgrades previously requested by Verizon could not be installed. - In 2020, Verizon decided to relocate to a new tower, and asked for a transition period of two years. - The City granted that request. - However, in June of 2022, Verizon notified the City’s Real Estate Office that their plans  had changed and they were no longer going to move to a new site. - Verizon is requesting a new license agreement with the City for a total of 10 years structured as two five-year terms. - Given that Verizon will not be able to add additional equipment because of structural limitations, the base rent will not be increased. - However the annual escalation clause of 3% will continue to be applied. - The current rent is $47,149.18 per year and will increase 3% each year through the term of the license agreement.  Committee(s): - None Pro(s): - The presence of Verizon on this tower strengthens the signal for the many users of Verizon in the city. - Rental rate provides revenue to the City of Asheville. Con(s): - The departure of Verizon would have enabled other users to increase their equipment loadings on the tower. Fiscal Impact: - The General Fund will continue to receive revenue (currently $47,149.18) from this license agreement , which is included in the annual budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2022-12-13","mt":"regular","id":"M","ref":"RES 22-264","it":"resolution","t":"Resolution approving an interlocal agreement","desc":"Background: - The U.S. Department of Housing and Urban Development (HUD) Continuum of Care program provides federal resources to local communities for homeless and housing programs. - The Continuum of Care framework designates a specific geography within which homeless populations are identified and responsive services are strategically developed and coordinated. Each Continuum of Care is led by a local governance board and supported by a designated Lead Agency. - Locally, the NC-501 Asheville-Buncombe Continuum of Care covers the geography of Buncombe County, is governed by the Homeless Initiative Advisory Committee (HIAC), and the City of Asheville is the designated Lead Agency. - The Homeless Initiative Advisory Committee is a joint committee of the City of Asheville and Buncombe County. - City Council and County Commission each appoint 8 members to serve on HIAC. - City staff in the Homeless Strategy Division support HIAC and fulfill the Continuum of Care Lead Agency responsibilities. - Buncombe County provides the City with $32,000 annually to support these efforts.  Committee(s): - N/A Pro(s): - Provides funding from key partner to facilitate community work to end homelessness Con(s): - None identified Fiscal Impact: - The revenue associated with this agreement was budgeted in the FY23 Adopted Budget.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2022-12-13","mt":"regular","id":"N","ref":"RES 22-265 / ORD 4989","it":"resolution","t":"Resolution approving an interlocal agreement; budget amendment from Buncombe County","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2022-12-13","mt":"regular","id":"O","ref":"RES 22-266","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - The Municipal Building is located at 100 Court Plaza and houses Police & Fire Headquarters along with serving as Fire Station 1. - The current building condition requires repair to the structure in the fire apparatus bay and exterior envelope, which are critical to the operation and occupancy of the Municipal Building. - A Request for Qualifications (RFQ) was advertised on October 22, 2021, for Architectural and Engineering Professional Services. - The services requested in the RFQ included an initial pre-design building investigation and scope assessment phase, and the subsequent project design and construction administration phase. - All services provided by Terracon up to this point have been investigative to determine the full scope of the project, and are captured in the original contract along with amendments #1 and #2. - This Amendment #3 in the amount of $615,000 will authorize the Phase 2 design and construction administration services to be performed by Terracon. - The total value of the contract, including this amendment, is within the range that is expected for these types of services. Vendor Outreach Efforts: - For the original solicitation of pre-design and design services for this project, staff performed outreach to minority and women owned businesses through the RFQ solicitation process. - This included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.  Committee(s): - None Pro(s): - The pre-design assessments are complete and identified critical repairs. - This amendment will allow the project to proceed into design and will cover construction administration services. Con(s): - Completing the needed repairs and restoration to the Municipal Building will require most of the funding allocated to facility maintenance over the five year Capital Improvement Program (CIP), limiting the capacity to address maintenance needs at other facilities. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2022-12-13","mt":"regular","id":"P","ref":"RES 22-267","it":"resolution","t":"Resolution adopting the 2023 City Council meeting schedule","desc":"This item was removed from the Consent Agenda for discussion and/or individual votes. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2022-12-13","mt":"regular","id":"Q","ref":"RES 22-268 / RES 22-269","it":"resolution","t":"Assignment of Board & Commission members/liaisons - appoint Ullman to Committee","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":0,"mr":"no material signals","sq":18},{"d":"2022-12-13","mt":"regular","id":"V-A","ref":"RES 22-272","it":"resolution","t":"Unfinished Business - resolution authorizing recommended revisions to the Housing Trust Fund","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a resolution authorizing revisions to the Housing Trust Fund Policy prior to initiating the Fiscal Year 2022-2023 funding cycle. Background: - On June 13, 2000, the City Council created the Housing Trust Fund (HTF) with the adoption of a HTF Policy and the approval of a $400,000 allocation to the fund for Fiscal Year 2001. - For the last several fiscal years, Council has allocated $500,000 from the City’s General Fund to the HTF. - The 2016 Affordable Housing Bond allocated $5 million in General Obligation Bonds to the fund in 2017. - From 2001 to 2019, the HTF lent out approximately $15 million and produced over 1,300 units of affordable housing. - On October 25, 2022, City Council voted to allocate one-time bond funding in the amount of $6 million to the HTF, bringing the available total in the HTF to $7.65 million. - The City is seeking to align its funding application and award timeline with Buncombe County’s to assist in decision making and provide more predictability to the development  community. To sync up with the County, a request for funding applications is expected to be published in mid-December 2022 with awards announced in late April 2023. - Staff is pursuing changes to the policy in advance of the upcoming funding cycle to make this alignment possible and to have a successful application process. Proposed Policy Revisions - Modify the $1 million cap on requests and use 10% of total estimated project costs as a cap instead. - Seven out of eleven total applications approved over the last four years have been over the current $1 million cap. - This proposed revision allows the HTF to be more responsive to fluctuating costs in the housing and construction marketplace, while maintaining a consistent and proportionate investment from the City for overall project costs. - A 10% per unit subsidy cap is consistent with Buncombe County’s policy for non-tax credit projects. - Remove the existing subsidy cap of $20,000 per unit and instead the per affordable unit subsidy (loan amount divided by the number of affordable units) will be used in assessing applications. - Per unit subsidies have varied in recent applications, based on the depth of affordability and funding tools that are leveraged. - Classify rehabilitation of single family homes and duplexes as an allowable use for funds. - Add income averaging as an option under the affordability definition and Special Terms sections - This is aligned with North Carolina Housing Finance Agency (NCHFA) criteria for rental projects. - Income averaging can help increase the mix of income diversity within a project. - Adjustment to the scoring rubric to better align with current policies and community priorities. - These adjustments include deleting per unit subsidy and unit bedroom size as scoring criteria (this information will still be included in a summary of project information in order to compare projects during the funding cycle) and adding bonus points for the set-aside of units for those with Housing Choice Vouchers. - Adjustment to applicant pro forma requirements (including vacancy rates, debt coverage ratio, reserves, project income and expenses increases) to be more aligned with NCHFA requirements. Policy Revision Process - AHAC preliminary policy revision discussion -November 3. - HCD preliminary policy revision discussion -November 15. - AHAC policy review and recommendation to HCD -December 1. - HCD policy review and recommendation to Council -December 6. - City Council policy review and vote to consider approval -December 13. Committee(s): Affordable Housing Advisory Committee (AHAC) Discussion AHAC met on November 3, 2022 and reviewed the proposed policy revisions. - AHAC was amenable to the majority of the proposed changes, with discussion and questions on the following items: - Staff proposed revisions to reflect the understanding that Housing Trust Funds cannot be expended on affordable housing over 80% Area Median Income. AHAC requested clarification from the City Attorney on the legal limits of City funding and Area Median Incomes. - Concerns about the limited flexibility associated with the annual review cycle. - Concerns about the policy favoring larger projects through the scoring rubric. - AHAC requested that staff bring back some examples of recent projects and how they would score using the rubric. - AHAC discussed their role in providing project funding recommendations to HCD. AHAC members expressed differing opinions about what their role should be. AHAC’s current by-laws state: “The Affordable Housing Advisory Committee will… (3) advise City leadership and staff regarding affordable housing priorities for the investment of City-controlled funds.” - AHAC further reviewed proposed policy revisions and made a recommendation for HCD’s consideration at their December 1 annual retreat. - After the AHAC discussion, staff met with the City Attorney’s Office and clarified the existing policy language around income eligibility for homeownership projects. The “area median income” (100% AMI) is allowable for homeownership as there are similar HUD programs for homeownership that use this standard. The limit of 80% AMI for rental projects is limited by state statutes. AHAC met on December 1, 2022 to further discuss and vote on the proposed policy revisions. - AHAC had an in-depth discussion about the proposed changes and the scoring rubric. There were several themes of the discussion: - The scoring rubric is complicated and would benefit from a much more comprehensive analysis and community input is needed to make these comprehensive changes. - The scoring rubric has room for improvement, but it is understood that it is one factor in decision making and is not the deciding factor on funding decisions. - The level of subsidy needed is substantial, especially for projects that are serving lower AMIs and that have permanent (or longer) affordability periods. - AHAC voted on the following motion and it was passed 9-1.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1H-yYpaNge6hVrGE-LjeDbpQ24XfcI__L/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":23},{"d":"2023-01-10","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on December 13, 2022","desc":"Background: - As a part of the Fiscal Year 2023-24 operating and capital budget development process, staff is proposing the calendar for City Council and Council Committee meetings. - Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources. - In addition to meeting the statutory requirement that City Council adopt a balanced budget before July 1, 2023, the FY24 budget process is intended to align the budget with ongoing organizational work planning efforts, City Council priorities, and community input. - The process culminates with the following actions as required by state law: - Formal presentation of the City Manager’s Proposed Budget on May 9, 2023. - A public hearing on the Proposed Budget on May 23, 2023. - Budget adoption on June 13, 2023.  Committee(s): - None Pro(s): - Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY24 budget.  Con(s): - None. Fiscal Impact: - None.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-01-10","mt":"regular","id":"B","ref":"","it":"motion","t":"Motion adopting the 2023 Budget Calendar","desc":"Background: - As a part of the Fiscal Year 2023-24 operating and capital budget development process, staff is proposing the calendar for City Council and Council Committee meetings. - Staff have already begun work to develop estimates for ongoing cost to deliver existing programs and services, needed capital infrastructure and facility investments, and major revenue sources. - In addition to meeting the statutory requirement that City Council adopt a balanced budget before July 1, 2023, the FY24 budget process is intended to align the budget with ongoing organizational work planning efforts, City Council priorities, and community input. - The process culminates with the following actions as required by state law: - Formal presentation of the City Manager’s Proposed Budget on May 9, 2023. - A public hearing on the Proposed Budget on May 23, 2023. - Budget adoption on June 13, 2023.  Committee(s): - None Pro(s): - Provides City Council, staff, and the community with a calendar of upcoming dates related to development of the FY24 budget.  Con(s): - None. Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-01-10","mt":"regular","id":"C","ref":"RES 23-1","it":"resolution","t":"Resolution to ratify the execution of a contract","desc":"Background: - The Harrah’s Cherokee Center-Asheville (HCCA) completed the first phase of an HVAC modernization project in Spring of 2020. - This included installation of 10 new air handler units, new boiler systems and additional support infrastructure. - During the initial installation and testing of the project staff raised concerns and immediately after close out of the project, staff concerns were confirmed as cooling issues were prevalent at all shows between close out of the project and COVID shut downs in March of 2020. - HCCA and Capital Projects Department staff began working with design and construction teams to rectify the issues. - March 2020, COVID pandemic shut down the event industry, making it nearly impossible to test changes and adjustments to the system in a ‘life like’ environment. - In August of 2021, the HCCA ‘re-opened’ to large-scale events with immediate HVAC issues related to cooling the facility with large crowds. - After adjustments made throughout the COVID closure the facility continued to be unable to adequately cool the space during larger shows. - As a result, HCCA staff began supporting concerts with significantly more medical staff support, and adding more and free access to water for guests to help combat challenges with overheating and exhaustion. - In the course of 14 months three of the ten new air handler units have failed, as well as numerous portions of support infrastructure down the line. - Recently at a concert in December 2022 staff hired a third party company to assess the ‘in show’ conditions, finding the arena floor to be over 80 degrees, while the balcony seating areas were 62 degrees. - The company provided an outline of immediate repairs and enhancements that could be made to create more balance in the systems. - Following the emergency bidding process, HCCA staff found a company able to conduct the suggested repairs and enhancements. - Due to a break in large scale events in late January & early February 2023, the work could be conducted almost immediately if the project was approved. - After consultation with the Legal, Purchasing and Capital Projects departments and approval from the City Manager the project was approved on December 15th for the contractor to begin ordering equipment and planning for the work. - Work will begin on January 9, 2023. Vendor Outreach Efforts: - Staff followed all City emergency procurement policies and completed ABI requirements - No Minority & Women-Owned Business Enterprise service providers responded. - Of three providers, only one responded with pricing and availability to complete the work in the necessary time window available.  Committee(s): - None Pro(s): - Allows for a more efficient cooling system prior to the spring concert season beginning in March. Con(s): - None. Fiscal Impact: - Funding for this work is available in the HCCA Capital Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-01-10","mt":"regular","id":"D","ref":"ORD 4991","it":"ordinance","t":"Ordinance to reduce the total number of...","desc":"Actions Requested: Adoption of an ordinance to 1) reduce the total number of members on the Human Relations Commission of Asheville from 15 to 9, 2) retaining existing members until their present term expires, resignation, or removal; and to 3) allow up to 3 members to be non-city residents who currently reside within Buncombe County. Background: - The HRCA was established by Ordinance 4663 in July of 2018. - In July 2017, the City Council established The Blue Ribbon Committee (BRC) Task Force and charged the task force with developing the mission, duties, and membership structure of the HRCA. - The BRC’s final recommendations included a 15-member board of city residents. - In September 2022, City Council amended the Ordinance to remove membership quotas and expand the list of groups to outreach for appointment. - The HRCA is currently a 15-member commission. - The HRCA has not met its full 15 person membership since February 2022, just prior to some resignations and removals for non-attendance. - The Commission has struggled to fill vacancies with active members. - On October 20, 2022, the HRCA voted unanimously to recommend an update to the Ordinance reducing total membership to 9, retaining existing members until roll-off or resignation (currently 11 of 15 filled). - The current establishing ordinance for the HRCA also requires that members be residents of the City in order to be eligible to serve on the commission. - Providing some allowance for non-city residents to serve would help alleviate the difficulties in filling the full commission membership. Committee(s): - HRCA - October 20, 2022 - Voted 7-0 to recommend amending ordinance to reduce membership from 15 to 9, retaining existing members. - Boards & Commissions Committee - November 15, 2022 - Voted 2-1 to move forward to City Council Pros: - Reducing total membership makes it easier to make quorum. - Allowing some non-city residents helps alleviate difficulties in filling the full membership. Cons: - Reduced total membership requires further recruitment efforts to maintain diverse representation on the commission. Fiscal Impact: - This action requires no additional City resources and has no fiscal impact. Motions: - Move to recommend amending Ordinance 4663 to change the Human Relations Commission of Asheville to a 9-member board; and to allow up to 3 members to be non-city residents who currently reside within Buncombe County.","c":"Boards & Appointments","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-01-10","mt":"regular","id":"E","ref":"RES 23-2","it":"resolution","t":"Resolution setting a public hearing","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Central United Methodist Church of Asheville has submitted an application requesting to permanently close an unopened right-of-way connecting to the east side of Buncombe Street between Commerce Street and Aston Street. - The subject right-of-way serves as the driveway in/out of the church’s private parking lot. - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way.  Committee(s): - Technical Review Committee - 11/7/22 - unanimously recommended approval - Multimodal Transportation Commission - 12/7/22 - unanimously recommended approval Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. Con(s): - None. Fiscal Impact: - This action requires no (additional) City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-01-10","mt":"regular","id":"F","ref":"RES 22-3","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - The Asheville Fire Department utilizes the Mach Alert system to perform station alerting at the City’s fire stations. - Council Resolution No. 22-14 authorized a contract with Motorola Solutions, Inc. as a sole source provider of station alerting equipment to extend the Mach Alert system to the new Fire Station 13 at the Broadway Public Safety Station. - In situations that require integration into an existing network, sole source contracts are necessary to maintain continuity with existing systems. - This is the case with this citywide emergency alerting system. - The Fire Department has requested additional alerting equipment in order to improve emergency response. - The current contract value is $145,691.00. There have been no previous change orders. - This change order in the amount of $11,941.20 will increase the contract to a revised value of $157,632.20. Vendor Outreach Efforts: - Not applicable - sole source procurement.  Committee(s): - None Pro(s): - The station alerting system is a critical component of fire emergency response. - The requested equipment will extend visual and audible alerts to additional spaces within the building. Con(s): - The additional expense will require use of project contingency. - The competitive pricing advantage can be lost with sole source procurement. Fiscal Impact: - Funding for this change order was previously budgeted and is available in the General Capital Projects Fund.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-01-10","mt":"regular","id":"G","ref":"RES 22-4 / ORD 4992","it":"resolution","t":"Resolution authorizing the City; budget amendment from Buncombe County","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-01-10","mt":"regular","id":"H","ref":"RES 23-5","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - The City of Asheville entered into a design contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area. - The original contract and the first two amendments included project extents from Thompson at Glenn Avenue to the river side of the intersection at Swannanoa River Rd. - Major scope changes associated with amendment number three included the connection to and modification of the Bleachery Blvd. roundabout to improve the transition from the greenway to the bridge trail crossing. - Amendment four preserved the scope of the project through construction drawings up to the Bleachery bridge with the addition of lighting. - Other additions in amendment four included the analysis and design of the entire intersection at Bleachery and Swannanoa River Rd. - Although amendment four added the scope of the intersection design, the requirement for this intersection design work and the work on the bridge were reduced to 65%. - This reduction in design requirements was done in anticipation of not having proper funding to build this portion of the project. - Additional funding was recently received through the Buncombe County Tourism Development Authority’s Tourism Product Development Fund grant program to complete the entire, revised project scope. - As a result of this new grant funding, amendment five is required to add design services for the bridge and Swannanoa River Road intersection through project bidding. - Amendment five will allow for design work to be completed for all of the entirety of the project scope and allow for the project to be bid and built. - Completion of the design work under this contract amendment is expected to take several months, following which a final North Carolina Department of Transportation review will result in bidding for construction in summer 2023. - Construction is anticipated to span approximately 9-12 months. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses on August 28, 2017, through solicitation processes using the State’s Interactive Purchasing System and  requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - There are no minority or women owned businesses on this consultant team.  Pro(s): - Increases access to the City’s growing inventory of greenways - Works towards defining Asheville as a recreation destination Con(s): - Eventual construction will be disruptive to the area. - Total design fees for this project are higher than standard when the subject bridge design scope is added. - The anticipated construction costs for the subject bridge improvements are over $400,000. Fiscal Impact: - Funding for this contract is currently budgeted in the General Capital Projects Fund. The City has also been awarded funds from the Buncombe County Tourism Development Authority in the amount of $2,300,000.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-01-10","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope plan - motion to continue the public hearing","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2023-01-10","mt":"regular","id":"V-A","ref":"ORD 4993","it":"ordinance","t":"Unfinished Business - ordinance amending Chapter 15 (Solid Waste)","desc":"Sustainability Director Bridget Herring said that this is the consideration of an ordinance amending Chapter 15, Solid Waste Management, of the Code of Ordinances related to yard waste collection to prohibit plastic bags for curbside brush and leaf collection, effective August 1, 2023. Background: - In Spring 2018, the Public Works Sanitation Division began accepting biodegradable paper yard waste bags in brush and leaf collection operations. - In Fall 2018, the City began an ongoing campaign to promote the use of paper bags and reusable containers in brush and leaf collection operations. - In March 2022, the Sustainability Advisory Committee on Energy and the Environment (SACEE) was asked to review and make recommendations on a plastic reduction policy followed by a presentation to the Council Governance Committee. - At the July 20, 2022, SACEE meeting, the committee voted unanimously to support a revision to Chapter 15 of the City Code prohibiting the use of plastic bags for curbside leaf collection. - At the September 14, 2022, Governance Committee meeting, the committee voted 3-0 to recommend to the full City Council a phased plastic reduction strategy. - At the October 11, 2022, City Council meeting, Council voted 7-0 to direct staff to revise City Code to prohibit plastic bags for curbside leaf and brush collection as Phase 1 of a plastics reduction strategy.  Pro(s): - Implements phase one of the plastic reduction strategy as adopted by City Council by eliminating the use and disposal of approximately 120,000 bags annually - Supports Council Resolution 14-27 to reduce waste by 50% by 2035 - Addresses one of Council’s strategic priorities to improve core service delivery. - Additionally, this will improve staff safety and enhance community cleanliness by eliminating a source of litter that impacts communities and clogs stormwater drains. - Builds on previous outreach and education initiatives that will be supported through existing resources already planned and budgeted with the Communications and Public Engagement Department, Sustainability Department, and Public Works Sanitation Division. Con(s): - There may be an increased cost to residents currently utilizing plastic bags for curbside leaf collection of approximately $0.10/bag. - Paper bags can be purchased in bulk, particularly during non-peak leaf season, for the same price as or less than plastic lawn bags. - Alternatively, residents may choose to make a one-time purchase of reusable containers of $20-$30 for infinite use. Fiscal Impact: - Funding in the amount of $20,000 has been identified within the Public Works Department operating budget to support implementation of the plastic leaf bag ban. - Funding will be used for education and outreach about the ordinance change and for the one-time purchase and distribution of 30,000 leaf bags to residents. Education and outreach materials have already been created and are scheduled to be deployed through the Communications and Public Engagement Department. - Paper bags may cost up to $0.10 more per bag than some plastic bags. When Councilwoman Ullman asked if we have any data updates on how this effort contributes to reducing our waste by 50% by 2035, Ms. Herring said that that information is available and would provide it to City Council. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Environment & Sustainability","mo":"individual","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2023-01-10","mt":"regular","id":"VI-A","ref":"RES 23-6","it":"resolution","t":"Resolution adopting the 2023 City Council legislative agenda for local delegation","desc":"City Attorney Brad Branham said that this is the consideration of adoption of a resolution approving the 2023 Legislative Agenda and direction to share with Asheville’s Local Delegation.  Background: - The 2023 legislative long session of the North Carolina General Assembly commenced in January of this year. - Historically, the City Council has adopted a legislative agenda to provide direction to our local delegation on those priorities for local or general legislation which the City wishes to pursue.  Committee(s): - Policy, Finance and Human Resources - January 10, 2023 Pro(s): - Provides direction to our local delegation on Council’s legislative priorities, and serves as a starting point for presentation of potential general and local acts which would benefit the City. Con(s): - None. Fiscal Impact: - None. He briefly outlined the legislative agenda as follows: (1) oppose legislation which would limit municipal authority to reasonably regulate residential properties being utilized as short term vacation rentals; (2) support legislation that would create new tools and increased incentives and subsidies, as well as dedicated funding, for the development of affordable housing, especially in the State’s largest metropolitan areas where this issue is most dire; (3) oppose legislation which would remove or limit municipal authority to utilize conditional zoning for land development applications; (4) support legislation that would allow differential property tax treatment of owner-occupied properties as opposed to second homes and income producing properties, and increase the opportunities for low income, elderly and homestead taxation exemptions; (5) support legislation to amend the North Carolina Fair Housing Act to include “Source of Income/Funds” as a protected characteristic; (6) support legislation that would authorize civilian investigators to act as the first responders for certain traffic incidents; (7) support legislation that would empower local governments, remove barriers, and provide funding to support reparations at the state and local level; (8) support new funding that would address bacteria pollution in the French Broad River; and (9) support legislation to make clear authority for electronic meetings permanent and usable at the discretion of local governments. Councilwoman Roney thanked the Human Relations Commission for their recommendation around protection from Source of Income/Funds discrimination, including comments and public engagement by those with lived experience. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2023-01-10","mt":"regular","id":"VI-C","ref":"RES 23-7","it":"resolution","t":"Resolution establishing an independent review committee focused on reviewing the water outage (revised by friendly amendment)","desc":"City Manager Campbell outlined the key takeaways for this presentation (1) A series of events associated with sub-freezing temperatures in December 2022 led to water outages in the southern and western portions of Asheville’s water system for an extended period of time disrupting the lives of our residential, institutional, and business customers; (2) Numerous factors associated with the complexities of Asheville’s water system contributed to the outage, we regret this happened and are taking immediate and long-term steps to prevent and minimize impacts from occurring again during future events; (3) Throughout the response to the service outages, the primary basis for decision making was ensuring the provision of safe drinking water to our customers; (4) The City Council is creating an independent review committee to review and provide a comprehensive account of the water outage, assess the operational and emergency response and communication efforts, and recommend infrastructure and procedural enhancements; (5) The $72.8 million five-year Water Capital Improvement Program (CIP) includes planned investments to enhance existing infrastructure; and (6) Water Department operations and the Water CIP will be reevaluated based on recommendations of the independent review committee. Director of Water Resources David Melton gave a water system overview of the water system treatment (1) Three water treatment plants: North Fork (in Black Mountain), William DeBruhl (in Swannanoa), and Mills River (in Henderson County); (2) produces a combined average of 31.5 million gallons per day; (3) 156,000 water customers served; and (4) 183 square mile service area. Regarding the water system distribution, (1) 1,700 miles of six-inch or larger lines; (2) 36 storage tanks providing 21 million gallons of capacity; (3) 60,000+ meters, 18,000+ valves, and 41 pump stations; and (4) combination of gravity fed and pumping zones (a) 54 different pressure zones; and (b) system pressures can exceed 400 psi and average 170 psi. He showed a picture of the sample water supply distribution system; along with a water map for our distribution system. Mr. Melton then reviewed with Council the incident timeline, beginning with December 24 with water line breaks - public and private - beginning to occur; the Mills River Water Treatment Plant (WTP) begins to experience issues; and North Fork WTP increases production - through January 4 when the Boil Water Advisory was listed for the western area (entire system). He said that from December 25 through December 31 they identified and repaired 27 large water line breaks. Assistant City Manager Ben Woody then reviewed the communications timeline (1) Communications were sent on multiple platforms, often simultaneously - AVL alerts, social media, website updates, press releases/conferences; (2) Communication between 12/25-1/4: 38 AVL Alerts; 118 social media posts across Facebook, Twitter and Instagram; 276,572 total web page views; 204,174 unique web page views; 12 press releases; 6 press conferences; Council updated via AVL alerts, on 12/27 with email from the City Manager, and press releases; and (3) Neighborhood Outreach between 12/28-1/4: Posts to NextDoor; Emails sent to more than 90 Neighborhood Contacts; Direct contact to community leaders; and Neighborhood Leaders shared information through their networks. Communications started on December 21 - January 6, 2023. Mr. Woody said that the immediate after action includes (1) Forming independent review committee; (2) Finalizing internal assessment of events to provide data to independent review  committee; (3) Replacing, sealing, or enclosing equipment or components to further maintain heat and prevent moisture intrusion; (4) Replacing and relocating chemical lines to create redundancies; (5) Providing additional insulation to outside chemical lines and where lines pass through a wall; and (6) Requesting manufacturer provide site visits to check equipment. He said the post committee review next steps will include (1) Incorporate analysis from the independent review committee: (a) Consider and prioritize operational changes; and (b) Construct and/or install equipment and infrastructure improvements; (2) Implement lessons learned from this event into the Continuity of Operations Plan and Emergency Operation Plan and provide training to staff; and (3) Review and make associated revisions to the Water Capital Improvement Program. Regarding the independent review committee, Mr. Woody said the proposed committee scope will be to (1) Review the recent prolonged water outage to provide a comprehensive account of the event; (2) Assess the City’s operational and emergency response and communication efforts; and (3) Review and analyze infrastructure needs, process and policy changes to be implemented to maximize prevention of future events and improve communication, emergency response, and mitigation processes. The committee’s composition will be (1) Nine members with multi-disciplinary backgrounds: Two residential water customers; One commercial water customer; One emergency response professional; Two communications professionals; and Three subject matter experts in public water systems; and (2) Two appointments made by the Buncombe County Commission; remaining made by City Council. The proposed committee timeline will be (1) Jan. 3 - Press Conference announcing Committee and update provided to County Commission; (2) Jan. 10 - City Council establishes Committee; (3) Jan. 24 - City Council appoints Committee members ; (4) Feb. 7 - County Commission appoints Committee members; (5) 30 days from establishment (mid to late February) - Committee to engage an expert, begin development of findings and recommendations, and share updates to City Council; and (6) 90 days from establishment (mid May) - Committee to provide a final written report and presentation to City Council. The following resolution was presented: “WHEREAS, in December of 2022, the City of Asheville experienced several days of extraordinarily low temperatures, causing water pipes to freeze and break and related infrastructure to fail; and WHEREAS, the damage to this system resulted in numerous customers of the City’s Water Department to go without water for extended periods of time; and WHEREAS, the City of Asheville initially devoted all available resources, as well as coordinating assistance from community and local government partners, to fully restore service to all people and businesses; and WHEREAS, upon completing these restoration efforts, and because the City of Asheville cares deeply about our community’s well being and the impacts this outage has had on our residents, their families and businesses, City Council now desires to establish a multidisciplinary and independent review committee to review the water outage in order to assess infrastructure needs and the City’s response; and to determine what can be done to maximize prevention and improve response and communication efforts in the case of future events; and WHEREAS, because this water outage also impacted customers who do not reside in the City limits, the independent review committee will include appointees from Buncombe County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: (1) City Council hereby establishes an independent review committee to analyze the events and circumstances leading up to, and throughout the duration of, the recent prolonged water outage. This committee shall review the water outage in order to provide a comprehensive account of the event, an assessment of the City’s operational and emergency response and communication efforts, and an analysis of needed infrastructure and process and policy changes that, if implemented, would maximize prevention of future events and improve communication, emergency response, and mitigation processes; (2) The committee shall be composed of nine members with multidisciplinary backgrounds to include the following position classifications: Two Residential Water Customers, One Commercial Water Customer, One  Emergency Response Professional, Two Communications Professionals, and Three Subject Matter Experts in Public Water Systems. Two appointments shall be made by the Buncombe County Commission, and the remaining appointments shall be made by the Asheville City Council; (3) The committee shall engage an expert to prepare an initial report regarding the findings and recommendations of the committee, with updates on this process being shared with the City Council within 30 days of the committee being established; (4) The Committee shall provide a final report, including the written report of the committee’s contracted expert, with the City Council within 90 days of the committee being established; and (5) Thereafter, upon completion of the assigned review, presentation of its report, and fulfillment of any related tasks assigned by the City Council, the commission shall dissolve.” Discussion was held throughout the presentation. Mr. Woody, Mr. Melton and Fire Chief Scott Burnette responded to various questions/comments from Council, some being, but are not limited to: request for a more detailed overview of the incident timeline; what was the City’s role and timeline for delivery of non-potable water and drinking water; need to address gaps in emergency communication for people speaking different languages and the hearing impaired; AVL Alert hit rate of people that responded indicating they received the alert; confirmation that the City is updating their Continuity of Operations Plan and Emergency Operations Plan which contains a matrix to follow for emergency response; reason why the City did not issue a Boil Water Advisory for the entire City; need to establish protocol for internal communication and communication with elected officials; need to establish triggers for a press conference, press release, etc.; need to look at timelines for resident updates to provide predictability; suggestion to look at technology and processes for more real time information and more frequent communication with residents; need communication suggestions to reach commercial and residential customers who only rent the space or who are located in in apartment buildings; will the City be prepared in the upcoming months for additional adverse weather conditions; and what is the City’s process for determining if our water system can handle more development. City Manager Campbell said that answers not readily available would be provided to City Council. Mayor Manheimer noted that these are some questions that she hoped the review committee will address. Councilwoman Ullman move to adopt the resolution to establish an independent review committee focused on reviewing the water outage; to assess infrastructure needs and the City’s response; and to determine what can be done to maximize prevention of future issues and improve response efforts. This motion was seconded by Councilwoman Smith. Several individuals spoke to Council regarding this issue, with some comments being, but are not limited to: negative impact of having no water on customers; need to have renters and a emergency management recovery specialist as part of the committee; need for the City to implement any changes identified by the committee; what is the City’s plan to make sure this water crisis does not happen again; need to have plans in place for neighborhood coordination, maintenance and distribution of supplies, accessibility to emergency shelters, etc. in case of a catastrophic event; disappointment that the City cannot charge a differential rate for water customers in the County due to state legislation that only applies to Asheville; will water customers be compensated for the loss of water; and all communications must be in Spanish, at a minimum. Mayor Manheimer explained the history of unique restraints the City has on how it funds the water system. When Councilwoman Roney asked for a friendly amendment to the resolution to include a disaster specialist, it was the consensus of Council to have the membership revised to one emergency response/disaster preparedness professional.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read. Councilwoman Ullman and Councilwoman Smith both accepted the friendly amendment by Councilwoman Roney to revise the membership to reflect one emergency response/disaster preparedness professional. The revised motion made by Councilwoman Ullman and seconded by Councilwoman Smith and carried unanimously.","c":"Public Safety","mo":"individual","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":1,"mr":"involves money or contract","sq":11},{"d":"2023-01-10","mt":"regular","id":"VI-D","ref":"RES 23-8","it":"appointment","t":"Appointment of a member to the Asheville City Schools Board of Education - Jesse Warren appointed by ballot (5 votes)","desc":"Mayor Manheimer said that Peyton O’Conner has resigned from the Asheville City Board of Education, thus leaving an unexpired term until April 1, 2025. It was the consensus of City Council to interview the four candidates who ran for a seat on the Asheville City Schools Board of Education in November and were unsuccessful. City Council interviewed Miri Massachi, Jesse Warren, William Henry Young Jr. and Jose Acebo earlier in the day. Councilwoman Roney noted the democratic process and the ACAE/BCAE endorsements. After making positive comments on all candidates, Miri Massachi received no votes; Jesse Warren received 5 votes; William Henry Young Jr. received no votes; and Jose Acebo received 1 vote. Therefore, Jesse Warren was appointed as a member of the Asheville City Schools Board of Education to serve the unexpired term of Peyton O’Conner, term to expire April 1, 2025, or until Jesse Warren’s successor is appointed","c":"Zoning & Land Use","mo":"other","mv":"","sec":"","r":"passed","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":1,"mr":"contested vote","sq":12},{"d":"2023-01-10","mt":"regular","id":"VI-E-1","ref":"RES 23-9","it":"resolution","t":"Appoint members to a board/commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Adjustment The terms of Carter Webb and Elliot Smith, both regular members, will expire on January 21, 2023. The following individual applied for the vacancies: Annette Wise. Current Alternate member Chris Fundanish is interested in moving into a Regular seat.  The Chair of the Board of Adjustment recommended, and the Boards & Commissions Committee concur, to reappoint Elliott Smith as a Regular Member and appoint Chris Fundanish as a Regular Member and Antenne Wise as an Alternate member (to fill Chris Fundanish’s Alternate seat) until January 21, 2024.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"no material signals","sq":13},{"d":"2023-01-10","mt":"regular","id":"VI-E-2","ref":"RES 23-10","it":"resolution","t":"Appoint Alexander Ellenbogen to the Historic Resources Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Historic Resources Commission. Shelly Jackson has resigned as a member of the Historic Resources Commission, thus leaving an unexpired term until July 1, 2024. The following individual applied for the vacancy: Alexander Ellenbogen. The Chair of the Historic Resources Commission and staff liaison recommended, and the Boards & Commissions Committee concurred, to appoint Alexander Ellenbogen.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"no material signals","sq":14},{"d":"2023-01-10","mt":"regular","id":"VI-E-3","ref":"RES 23-11","it":"resolution","t":"Appoint Celeste Ordiway to the Homeless... commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Homeless Initiative Advisory Committee. Jason Desai has resigned, thus leaving an unexpired term until November 1, 2023. The following individuals applied for the vacancies: Elena Mansour, William Hanson, Cristy Streeter, Luke Rose, Jason Picking, Celeste Ordiway and Sarah Frances Edgens. The Nominating Committee of the Homeless Initiative Advisory Committee recommended, and the Boards & Commissions Committee concurred, to appoint Celeste Ordiway.","c":"Housing","mo":"individual","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2023-01-10","mt":"regular","id":"VI-E-4","ref":"RES 23-12","it":"resolution","t":"Reappoint Esther Manheimer to the MSD Board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Services District (MSD) Board. The term of Esther Manheimer expires on January 19, 2023. The following individuals applied for the vacancy: Jennifer Thomas and Chris Day. The Boards & Commissions Committee recommended reappointment of Esther Manheimer.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"no material signals","sq":16},{"d":"2023-01-10","mt":"regular","id":"VI-E-5","ref":"RES 23-13","it":"resolution","t":"Appoint Joseph Chesler to the Multimodal Transportation Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. John Bausone (transit representative) resigned as a member of the Multimodal Transportation Commission, thus leaving an unexpired term until July 1, 2024. The following individuals applied for the vacancy: Joseph Chesler, Elyse Marder and Abigail Griffin. The Multimodal Transportation Commission recommended, and the Boards & Commissions Committee concurred, to appoint Joseph Chesler.","c":"Transportation","mo":"individual","mv":"Kilgore","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":1,"mr":"policy category","sq":17},{"d":"2023-01-10","mt":"regular","id":"VI-E-6","ref":"RES 23-14","it":"resolution","t":"Appoint Ashley Case, Alisha Goldstein and Joel ... to a commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainability Advisory Committee on Energy & the Environment (SACEE). The terms of Maggie Gulick, Anne E. Keller and Alison Ormsby (energy management experience) expired on December 31 2022. In addition, Anna Priest resigned, thus leaving an unexpired term until December 31, 2024. Due to inconsistencies in appointing to specific seats, it was the consensus of the Boards & Commissions Committee to make all appointments at-large. The following individuals applied for the vacancy: Ashley Case, Alisha Goldstein, Mallory McConnell, Sophie Mullinax, Joel Osgood and Djuna Roberts. The Chair and staff of SACEE recommend, and the Boards & Commissions Committee concur, to appoint Ashley Case, Alisha Goldstein, Sophie Mullinax and Joel Osgood.","c":"Environment & Sustainability","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"no material signals","sq":18},{"d":"2023-01-10","mt":"regular","id":"VI-E-7","ref":"RES 23-15","it":"resolution","t":"Reappoint Patrick Gilbert and appoint members to the Urban... commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Ed Macie and Patrick Gilbert, as members on the Urban Forestry Commission expired on December 31, 2022.. The following individuals applied for the vacancy: Nick Biemiller, Chardin Detrich, Keaton Edwards, Patricia Grace, Alex Kirby, Alvin Ward Peacock Jr. and Tara Wu. The Urban Forestry Commission recommended, and the Boards & Commissions Committee concurred, to appoint Chardin Detrich and reappoint Patrick Gilbert.","c":"Environment & Sustainability","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1_i0gkknax5HHwrUVoHgEx6ulHCPEXjol/view?usp=share_link","mat":0,"mr":"no material signals","sq":19},{"d":"2023-01-24","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the regular meeting held on January 10, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-01-24","mt":"regular","id":"B","ref":"ORD 4994","it":"ordinance","t":"Ordinance to update Appendix G of the City Code","desc":"Background: - Section 12-42 (a) (5) of the Asheville City Code prohibits carrying a concealed handgun by  permit (CCHP) at recreational facilities identified in Appendix G of the Code. - This Section also requires that the list of facilities in Appendix G be reviewed and updated as  necessary. - The Appendix was last updated via Ordinance No. 4251 on November 12, 2013. - Since that time there have been several recreational facilities added and a few recreational  facilities that are no longer in existence and therefore an update to Appendix G is necessary. - Signs listing prohibited concealed handguns will be visibly posted at all listed recreational  facilities and city buildings in compliance with Section 12-44 of City Code. - Section 12-42 (a) (3) of the Asheville City Code also prohibits carrying concealed handgun by  permit (CCHP) in all buildings that are owned, leased or temporarily controlled by the city. - A list of Parks and Recreation city-owned buildings has been added to Appendix G in order to  clarify that while they are defined separately from “recreational facilities”, CCHP are also prohibited within and on their premises.  Vendor Outreach Efforts: N/A  Committee(s): - None  Pro(s): - Updated Appendix G correctly reflects all recreational facilities and provides guidance for  citizens. - Appendix G - List of Recreational Facilities of City Code of Ordinances solidifies the City’s  understanding and commitment to safety. - Supports City Council’s fiscal year 2022 - 2023 Improve and Expand Core Services  priority. - Corrects incomplete and improper listings.  Con(s): - None  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-01-24","mt":"regular","id":"C","ref":"RES 23-16","it":"resolution","t":"Resolution authorizing the sale of one...","desc":"Background: - The City’s Sanitation Division of the Public Works Department identified one (1) garbage  truck as surplus personal property, with no anticipation of future utilization by the City. - The 2012 Autocar Garbage Truck is expected to sell for more than $30,000. - All bids are solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at  $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at  less than $30,000 by private negotiation and sale.  Vendor Outreach Efforts: - Not Applicable  Committee(s): - None  Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price  Con(s): - None  Fiscal Impact: - The garbage truck is fully depreciated and the General Fund will recognize the entire  amount as revenue. - An estimate of the annual revenue from the sale of fixed assets is already included in the  Adopted General Fund Budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-01-24","mt":"regular","id":"D","ref":"RES 23-17","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - As a part of the Fiscal Year 2023 Budget process City Council prioritized and budgeted  for a consultant to create citywide Emergency Operations and Continuity of Operations Plans. - The focus of an Emergency Operations Plan (EOP) is on the emergency measures that are essential for responding to and protecting the public. - A Continuity of Operations Plan (COOP) outlines the execution of essential functions that must continue during a wide range of emergency situations. - A Diverse, cross departmental team reviewed and scored responses for the competitive request for proposal process. Perses Consulting, LLC was selected as top vendor. - The proposed timeline to complete the plans is approximately eight months.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No services will be subcontracted. - Perses Consulting, LLC is woman-owned  Committee(s): - N/A  Pro(s): - The plans are essential for emergency preparedness and the continuance of government  during time of disruption - The plans will recommend improvements for coordination and communication of COA  departments internally and externally. - The plans will outline the necessary and appropriate actions to be taken to protect people  and property from the consequences of emergencies and disasters. - This action supports the Climate Justice Initiative options to build resilience.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Fire Department operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-01-24","mt":"regular","id":"E","ref":"RES 23-18","it":"resolution","t":"Resolution authorizing the City re use of the Fusus real-time criminal intelligence camera system","desc":"Assistant City Manager Ben Woody said this is consideration of adoption of a resolution authorizing the City Manager to enter into an interlocal agreement with the Buncombe County Sheriff’s Office for the use of the FUSUS real time criminal intelligence camera system.  Background: - The Buncombe County Sheriff’s Office (BCSO) has implemented a software system  (FUSUS) capable of extracting live and historical security feeds from multiple sources for use by law enforcement personnel. - The FUSUS system is operated and maintained by the BCSO. - This interlocal agreement provides permission for the BCSO to install FUSUS linked  cameras on various portions of city property. - BCSO is responsible for the operation and maintenance of cameras installed on city  properties and will pay all costs associated with installation and required network connectivity and speeds. - The interlocal agreement also provides for limited access by the Asheville Police Department (APD) to all FUSUS capabilities and cameras located within the city limits, excluding access to those cameras located on Buncombe County Schools properties within the city limits. - The interlocal agreement requires $30,000 annual compensation to the BCSO and may be canceled by either party by providing thirty days written notice.  Vendor Outreach Efforts: - Not applicable  Committee(s): - Environment and Safety Committee - January 24, 2023  Pro(s): - Establishes the expectations for the installation and use of the FUSUS real time criminal  intelligence camera system. - Access to the FUSUS system will enhance local law enforcement ability to effectively  respond to public safety emergencies.  Con(s): - Funding was not planned in the FY23 budget for APD access to the FUSUS system.  Fiscal Impact: - Funding for FY23 will come from anticipated savings in other interlocal agreements that the City has with the County. - Beginning in FY24, annual funding will need to be included in the Manager’s Proposed Budget.","c":"Public Safety","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"passed","ta":"4-1","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":1,"mr":"contested vote","sq":5},{"d":"2023-01-24","mt":"regular","id":"F","ref":"RES 23-19","it":"resolution","t":"Resolution authorizing the City Manager to...","desc":"Background: - Three of the City’s four parking garages are more than 30 years old. - Due to age and deferred maintenance, the structures are in need of more frequent  inspections and assessments. - The City’s parking structures include:  1. Harrah’s Cherokee Center - 46 years old 2. Rankin Avenue - 34 years old 3. Wall Street - 34 years old 4. Biltmore Avenue - 10 years old - A comprehensive facility assessment of all four garages–including structural, envelope, building code compliance, accessibility, and expected remaining useful life, is needed to develop a prioritized plan for repairs and renovations. - A Request for Qualifications was advertised on October 11, 2022 for facility assessment and engineering professional services. - Responses were due November 8, 2022. - The City received five Statements of Qualifications from the consultants listed below: - Bennett & Pless - Atlanta, GA - CPL - Suwanee, GA Office - Kimley-Horn - Charlotte, NC Office - SKA - Asheville, NC Office - Walker Consultants - Charlotte, NC Office - After careful evaluation by the evaluation committee, Walker Consultants received the highest score. - The evaluation committee consisted of representatives of the Transportation Department, Capital Projects Department, and Planning and Urban Design Department. - The Request for Qualifications included a complete facility assessment, parking study, life cycle assessment, capital planning, and engineering of the project to address the most immediate repairs. - The initial contract will authorize the assessment and study phase of the project. - The scope and cost of the subsequent repair projects will be determined by the results of  the pre-design study.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Walker Consultants will be subcontracting with John J. Clark & Associates, Inc. of Charlotte, NC which is a Minority-Owned Enterprise.  Committee(s): - None  Pro(s): - This assessment will provide the reports and data needed to make effective decisions  regarding repairs, on-going maintenance and future planning for the City’s Parking Garages. - This work is for the safe and beneficial use of City parking facilities by City residents and visitors.  Con(s): - The project will temporarily impact parking operations, as phased shut-downs of areas of  the garages are coordinated during construction. - There is also the potential for short-term, limited closure of some parking spaces during  the assessment phase. - These temporary closures and reductions in parking result in a hardship for users, and a  loss of parking revenue for the City.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Parking  Services Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-01-24","mt":"regular","id":"IV-A","ref":"ORD 4995","it":"ordinance","t":"Public hearing to amend a previously approved conditional zoning approval (ORD 4853) - conditional zoning amendment request","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend a conditionally approved conditional zoning approval (Ordinance No. 4853) for property located at 264 Enka Heritage Parkway to make site plan and layout changes, currently zoned Commercial Expansion - Conditional Zone. This public hearing was advertised on January 13 and 20, 2023.  Project Location and Contacts: - The project site totals 45.5 acres located at 264 Enka Commerce Pkwy (PIN  9617-43-0440). - Owner: Enka Partners of Asheville LLC.  Summary of Petition: Project Site - The project site consists of 45.5 acres located at 264 Enka Commerce Pkwy. - The project site was previously rezoned Commercial Expansion - Conditional Zone (COM  EXP - CZ) per Ordinance No. 4853. - The applicant is requesting an amendment to the conditional zoning based on the new  site plan. - The site is designated “Employment / Anchor Institution” on the city’s Future Land Use  (FLU) Map, which was amended through the aforementioned conditional zoning ordinance.  - A change in the FLU designation will not be required.  Overall Project Proposal - New building construction includes three, one-story, light industrial/distribution buildings  totalling 585,360 gross square feet. - The buildings are proposed to be built in phases. - Other site improvements include off-street parking, a new roadway connection, and  stormwater retention ponds. - The historic brick clock tower on the site will be preserved.  Site Layout and Design - Maximum building height for buildings in the COM EXP district is 80 feet. The maximum  building height of the proposed project is 48 feet. - Front yard (15 feet), rear yard (25 feet) and side yard setbacks (none) are required in the  COM EXP district. The proposed project meets these requirements. - Maximum impervious surface in the COM EXP district is 80%. The proposed project would result in a total impervious area of 66%.  Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, and building impact. - Open space is required at a rate of 15%, resulting in a required 6.83 acres of open  space. The project is proposing 15.5 acres (34%) of open space. - The project is classified as \"suburban\" under the Tree Canopy Preservation standards  and has a classification of “Class C”. The project is required to provide 20% new tree canopy, which will be satisfied through new tree planting (19.6%) and payment of fee-in-lieu (0.4%).  Access, Sidewalks and Parking - Access to the site will be provided by a new cul-de-sac roadway extension off of Enka  Heritage Parkway. This new roadway will be dedicated to and maintained by the NCDOT. - A total of 463 employee parking spaces are proposed, including 18 accessible spaces  and 23 bicycle parking spaces. Minimum and maximum required parking spaces for industrial uses in the COM EXP district are based on the number of employees (minimum of 1 per employee and maximum of 2 per employee on the shift of greatest employment). At this time the number of proposed employees is unknown so no determination of minimum and maximum parking spaces can be made. - The project proposes 10 foot-wide sidewalks throughout the site. The COM EXP district requires that new 10 foot-wide sidewalks be constructed along the primary access corridor, as well as that new 8 foot-wide sidewalks be constructed to connect principal uses within the development. - A Traffic Impact Analysis (TIA) was performed for the prior conditional zoning. An addendum to this previous TIA was performed based on the new site plan proposal. - The TIA concludes that all analyzed signalized intersections and approaches are expected to operate at an acceptable Level of Service. Therefore no improvements are necessary. - The proposed Enka Heritage Greenway is planned to cross the property along the western boundary of the project area and will include a 10 foot-wide paved greenway, a 15 foot-wide maintenance easement, and a 25 foot-wide construction easement. - Final alignment of the greenway and corresponding easements are to be coordinated with Buncombe County.  Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including: - Building entrance spacing in excess of the required 75-foot distance. - Parking lot tree islands will maintain a minimum width of nine feet instead of the  required ten feet standard. - Outdoor site lighting will include approximately 2/3rds of onsite pole luminaires  with type 5 (360 degree) lamps which have a Backlight-Uplight-Glare (“BUG”) rating of B4-U0-G2. AH lumens per lamp are under 20,000 lumens and all poles are under 37 feet in height.  Comprehensive Plan Consistency: - The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including: - Encourage Responsible Growth by directing growth in designated growth  areas that provide access to housing, transportation, goods and services, and employment opportunities.  - Promote Great Architecture and Urban Design to Enhance Placemaking by encouraging the preservation of the historic Enka community clock tower.  - Make Streets More Walkable, Comfortable and Connected by preserving the opportunity for future greenway construction.  - Facilitate Real Estate Development that Maximizes Public Benefit by locating an employment opportunity in areas slated for future growth and in proximity to transportation and recreation facilities. - The growth scenario maps all identify the areas around the intersection with Sand Hill Road and Smokey Park Highway as employment/anchor institution centers suitable for higher density/intensity development. - The proposed development is compatible with the Future Land Use designation of “Employment / Anchor Institution” which is proposed, in part, as “important employment clusters and are often substantial anchors for the wider community”.  Compatibility Analysis: - The proposed light industrial/distribution project is compatible with the surrounding land  uses, including: - To the south of the subject property is industrial (IND) zoned property that  supports an active manufacturing plant. - To the west is additional IND zoned property that supports the AB Tech  Community College - To the east is a mix of industrial and warehouse uses located in Buncombe  County and zoned Employment (EMP). - To the north across Smokey Park Highway is a mix of highway-oriented  commercial businesses zoned Highway Business (HB). - The proposed development’s warehouse and distribution use contributes to the  employment center that already exists in this location and is well located for access to transportation corridors.  Committee(s): - Technical Review Committee (TRC) - July 11, 2022 - approved with conditions. - Planning & Zoning Commission (PZC): - August 3, 2022, September 7, 2022, November 2, 2022, and December 7, 2022 - continued to January 4, 2023 PZC meeting. - January 4, 2023 - approved (Vote 6:0).  Staff Recommendation: - Staff recommends approval of this conditional zoning amendment based on the reasons  stated above.  Mr. Palmquist reviewed the prior conditional zoning approved on 1/26/22: (1) A one-story warehouse/distribution building totalling 129,859 s.f.; (2) 278 employee parking spaces and 696 van fleet parking spaces; (3) Technical modifications for sidewalk widths, parking lot tree islands, pedestrian entrance spacing, and outdoor lighting; and (4) Conditions for retention of historic clock tower and greenway easement. He then reviewed the aerial imagery and the Future Land Use Map. Regarding the site plan, (1) Three, one-story, light industrial and distribution buildings totalling 585,360 s.f.; (2) Off-street parking (463 spaces), a new roadway connection, and  stormwater retention ponds; (3) The historic brick clock tower on the site will be preserved; (4) Landscaping, including street tree, parking lot, and building impact; (5) Access off Enka Heritage Pkwy; (6) 10’-wide sidewalks throughout the site; and (7) Easements for Enka Heritage Greenway. He then showed building elevations. Conditions include (1) Easements to be dedicated for the Enka Heritage Greenway; and (2) The historic clock tower shall be retained and preserved on site with amenity/seating area and historic marker. Technical modifications include (1) Building entrance spacing in excess of the required 75-foot distance; (2) Parking lot tree islands will maintain a minimum width of nine feet instead of the required ten feet standard; (3) Outdoor site lighting will include approximately 2/3rds of onsite pole luminaires with type 5 (360 degree) lamps which have a Backlight-Uplight-Glare (“BUG”) rating of B4-U0-G2. AH lumens per lamp are under 20,000 lumens and all poles are under 37 feet in height; and (4) No bike lanes into the development. He reviewed the review process along with how the project complies with the Living Asheville Comprehensive Plan. Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  In response to Councilwoman Roney regarding the use of fee in lieu for the tree canopy, City Attorney Branham said there are some restrictions in place regarding the use of those fees; however, they are not the same restrictions as a fee in lieu for open space. For tree canopy fee in lieu, there does not, under state law, prohibit the use in other geographic locations; however, he felt it was the intent of our ordinance to reinvest the tree canopy fee in lieu money in the same district it comes from.  Councilwoman Roney explained how she appreciated the commitments regarding the clock tower and greenway connection; however, due to our limited land availability for commercial use, she was concerned that we might lose our leverage in getting the kind of community benefits that will help with our goals.  Duncan Clark, Senior Vice-President of the Asheville-Buncombe County Economic Development Coalition, explained how this is a unique opportunity to have a site plan which is focused on dense buildings where we can attract higher technology and higher wage jobs. If Council approves this request, it will be site ready for a developer. If a developer wants to take advantage of the City’s incentives, they will have to provide community benefits as determined by City Council. He suggested the City emulate a policy Buncombe County has been utilizing regarding employment practices and incentives for sustainability investments.  At 6:20 p.m. Mayor Manheimer opened the public hearing, and when no one spoke, she closed the public hearing at 6:20 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"passed","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":1,"mr":"contested vote","sq":6},{"d":"2023-01-24","mt":"regular","id":"V-A","ref":"RES 23-20","it":"resolution","t":"Unfinished Business - authorize City Manager to develop a... (recommendation)","desc":"Equity Director Brenda Mills said that this is the consideration of a resolution authorizing the City Manager to develop a scope of work for an official audit in response to the Community Reparations Commission’s Immediate Recommendation to cease harm impacting the African American community.  Background: - At their December 5, 2022 meeting, the Community Reparations Commission  unanimously approved an immediate recommendation for the City of Asheville and Buncombe County to stop further harm by ceasing the repetition of institutional processes that lead to racially disparate outcomes. - The immediate recommendation included conducting an official audit to ensure compliance with federal and state laws, regulatory bodies, codes of conduct, court orders, and consent decrees to allow for the acceptance of guarantees that the City and County have ceased to inflict further harm on the African American community. - The intent from the Community Reparations Commission is for the City and County to select an independent third-party firm to conduct the audit as described by the immediate recommendation. - The proposed resolution directs the City Manager to work collaboratively with Buncombe County and the Community Reparations Commission to develop a scope of work, which will ultimately be used in a formal solicitation to select a firm to conduct the recommended audit. - The proposed resolution also commits and provides assurances that necessary and reasonable action will be taken to address intentional and unintentional harm committed against the African American community. - The draft resolution was reviewed by the Community Reparations Commission at their January 9 meeting. Feedback provided by the Community Reparations Commission has been incorporated into the draft of the resolution. - Additional feedback was received from the Chair and Vice Chair of the Community Reparations Commission during the January 17 City Council Equity & Engagement Committee meeting. That feedback was distributed to the full Community Reparations Commission and is reflected in the latest version of the resolution. - The draft resolution was prepared collaboratively between the City and County. The Buncombe County Commission was briefed on the proposed resolution at their January 17 meeting. - Following City Council consideration of the resolution on January 24, the County Commission will then take a vote on February 7. - Upon resolution adoption, City and County staff will work collaboratively with the Community Reparations Commission to finalize the scope of work and subsequently advertise a solicitation to select a firm to complete the recommended audit. - Upon audit completion, the resolution directs the City Manager to review audit findings and evaluate and prioritize remediation opportunities.  Committee(s): - Reparations Commission - January 9, 2023 - Reviewed provided feedback - Equity and Engagement Council Committee - January 17, 2023 approved 2-0.  Pro(s): - This action will allow staff to develop a scope of work to effectuate the audit.  Con(s): - Additional work time for staff to do research and develop a work plan on this  recommendation.  Fiscal Impact: - Previously budgeted reparations funding will be used to complete the audit.  Ms. Mills said the she will cover the following key takeaways (1) On December 5, 2022, the Community Reparations Commission (CRC) passed an immediate recommendation to end further harm by ceasing repetition of institutional processes that lead to racially disparate outcomes; (2) The recommendation included a call for the City and County to conduct an official audit to ensure compliance with federal and state laws, regulatory bodies, codes of conduct, court orders, and consent decrees confirming that further harm to the African American community has ended; (3) The City Council and County Commission are being asked to consider the adoption of a resolution authorizing staff to develop a scope of work that will lead to the selection of a firm to conduct the requested audit; (4) Upon resolution approval, City and County staff will work with the CRC to develop a scope of work for the audit, select a firm, and then review and prioritize remediation opportunities; and (5) The scope of work, audit firm selection process, and review and prioritization of opportunities will be discussed at monthly CRC meetings.  She reviewed the December 5, 2022, immediate recommendation overview as follows (1) Recommended that the City and County provide assurance and take effective measures to end ongoing and current harms due to intentional and unintentional policies, programs, practices, and procedures; (2) Called for the City and County to conduct an audit to ensure compliance with federal and state laws, regulatory bodies, Codes of Conduct, Court Orders, and Consent Decrees - The audit will demonstrate that the cessation of harm has occurred and prevent further harm or threats to African Americans; and (3) Recommended that the City and County promote and enforce codes of conduct and ethical norms and take ongoing measures to foster: (a) Confidence building between government and African Americans; (b) Truth seeking mechanisms and processes; and (c) Timely accountability of the dispensation of recommendations. She then provided Council with the following draft City and County resolution overview: (1) Describes the CRC vote taken on Dec. 5 approving the immediate recommendation; (2) Commits and provides assurances that the City will take necessary and reasonable action to address harm due to intentional and unintentional policies, programs, practices and procedures that produce disparities as well as racially and gender-based discriminate outcomes in Education, Health Care, Housing, Economic Development and Justice; (3) Summarizes the call to conduct an official audit to ensure compliance with federal and state laws, regulatory bodies, codes of conduct, court orders, and consent decrees to allow for the acceptance of guarantees that the City and County have ceased to inflict further harm on the African American community; (4) Directs City and County staff to collaborate with the CRC to develop a scope of work and formal solicitation to select a firm to conduct the recommended audit; and (5) Upon audit completion, commits to reviewing and prioritizing audit findings to remediate the perpetuation of further harm. The following is the City and County response plan: - Dec. 5 - CRC adopted Immediate Recommendation - Dec. 6-Jan. 6 - City and County staff developed implementation plan and drafted resolution - Jan. 9 - Reviewed implementation plan and discussed draft resolution with CRC - Jan. 17 - County Commission and City Council Equity & Engagement Committee received briefing and provide feedback on draft resolution authorizing staff to work with CRC to develop audit scope of work and begin process of selecting a firm to conduct the audit - Jan. 24 - City Council to consider adoption of draft resolution - Feb. 7 - County Commission to consider adoption of draft resolution - Feb. 20 - City and County staff to review draft scope of work with CRC - Mar. 20 - City and County staff to finalize scope of work with CRC - Spring 2023 - Finalize and advertise solicitation and select firm to conduct audit - Summer 2023 - Finalize audit and review and prioritize recommendations - Ongoing - Monthly updates and feedback sessions with CRC and coordinate with Impact Focus Areas  She said the key process components are (1) Scope of Work: Detailed description of the work, milestones, and timeline necessary to fully complete the recommended audit; (2) Solicitation: Public advertisement for vendors to review scope of work and submit responses that will be vetted to consider the best qualified firm to conduct the requested audit and prepare the findings report; (3) Audit Report: Detailed overview of key findings from the audit prepared by the selected firm to include detailed recommendations on policy and operational revisions needed to ensure cessation of further harm; (4) Evaluation and Prioritization: City and County staff, in coordination with the CRC, to review findings from the Audit Report and prioritize opportunities to ensure the cessation and prevention of future harm; and (5) Audit Resources: Funding to conduct the audit would come from previously approved City and County Reparations resources.  In response to Councilwoman Roney, Dr. Mullen (Chair of the Reparations Commission) and Ms. Dewana Little (Vice-Chair of the Reparations Commission) said they supported the resolution as revised and reviewed by the Reparations Commission being presented at this time.  In response to Councilwoman Mosley, Dr. Mullen said that this audit will be external and internal.  Jonathan Wainscott said since the creation of the Asheville City Council in 1931, a total of 653 years of service has been given by all our mayors and council members. Only 56 of those years have been served by African-Americans. This constitutes 8.6% representation of the black community for the entire history of the Asheville City Council. One quarter of African-American service was accomplished by one Councilwoman and Mayor, Terry Bellamy. Altnother 25% has been served by all who have followed her through 2022. He hoped that an audit of City Council should be included.  David Greenson supported this resolution and suggested we streamline the process in the future by not having an extra layer of review by a Council Committee, especially since the Reparations Commission vets their recommendations thoroughly.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Economic Development","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":1,"mr":"policy category","sq":7},{"d":"2023-01-24","mt":"regular","id":"V-B","ref":"","it":"motion","t":"Affirmation of Independent Review Committee membership - affirm seven members to the water outage committee","desc":"Assistant City Manager Ben Woody said this is the consideration of affirming an independent review committee (IRC) membership which will analyze events and circumstances related to the recent water outage  Background: - In December 2022, the City of Asheville experienced several days of extraordinarily low  temperatures, causing water pipes to freeze and break and related infrastructure to fail. - The associated damage to the system resulted in numerous customers of the City’s  Water Department to go without water for extended periods of time. - On January 10, 2023 City Council adopted a resolution (Resolution No. 23-7) that  established a multidisciplinary and independent review committee (IRC) to review the water outage. - The IRC shall include the following position classifications: two residential water customers, one commercial water customer, one emergency response/disaster preparedness professional, two communications professionals, and three subject matter experts in public water systems. - Two appointments shall be made by the Buncombe County Commission, and the remaining appointments shall be made by the City Council - The IRC will provide: - a comprehensive account of the event, - an assessment of the City’s operations and emergency response and  communication efforts, and - an analysis of needed infrastructure and process and policy changes that, if  implemented, would maximize prevention of future events and improve communication, emergency response, and mitigation processes.  Vendor Outreach Efforts: - Not applicable  Committee(s): - Not applicable  https://drive.google.com/file/d/1Jqj7nZQtAGgS7fGu6RKSbGl_p7odznW7/view?usp=share_link  Pro(s): - The IRC analysis and written report will identify and assess actions that took place  originating from days of unusually cold weather and provide actionable items to improve operations to minimize future impacts.  Con(s): - Not applicable  Fiscal Impact: - Funding will come from the Water Resources Fund’s existing budget to contract with an  independent facilitator to support the IRC and to engage with an expert to prepare a written report.  In response to Councilwoman Roney about the process used for these seats, Mr. Woody explained that this was not a typical process that Council uses for advisory board appointments. Candidates reached out to the City and we emailed them with information necessary to be considered. Since this is largely a technical committee on the water outage, we also reached out to people that have that special skill set.  In response to Councilwoman Mosley, Mr. Woody said they did reach out to the School of Government; however, they declined to commit to the committee. However, City staff is recommending an adjunct professor who is a facilitator at the School of Government. Mr. Woody also responded to Councilwoman Mosley by saying that the School of Government may be interested in some post-review analysis if that is the direction Council chooses to go through.  Katie Hudson supported the appointment of Kim Murphy, who is a residential and commercial customer, along with a water scientist and farmer, on the independent review committee. She was concerned about the demographic makeup of men vs. women on the committee.  Mayor Manheimer noted that Buncombe County will also appoint two people.","c":"Public Safety","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":1,"mr":"involves money or contract","sq":8},{"d":"2023-01-24","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session pursuant to N.C. Gen. Stat. 143-318.11(a)(3) (re case 16-CVS-2677)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":9},{"d":"2023-01-24","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1VwGVsI9R8Of8ZJT5zQ2w7UOHzLncN9gw/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":10},{"d":"2023-02-14","mt":"regular","id":"II-A","ref":"","it":"motion","t":"Approval of the minutes of the regular meeting held on January 24, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-02-14","mt":"regular","id":"II-B","ref":"RES 23-21","it":"resolution","t":"Resolution adopting the revised Water Shortage Response Plan 2022 (Drought Plan)","desc":"Background: - Environmental permits for the North Fork Spillway and Embankment Improvements  project required the City to review and update the WSRP. (Drought Plan) - The Water Shortage Response Plan is typically enacted when drought conditions exist,  and is triggered by specific levels in the source water reservoir(s). - NC Department of Environmental Quality Division of Water Infrastructure and NC Wildlife  Commission have both reviewed and approved this updated version. - 15A NC Admin. Code 02E .0606 requires the water systems to update the WSRP every  five years. - It has been the practice to seek Council approval if significant changes in the plan have  occurred. - Public Comment was sought through social media posts, Public Input app, and the department’s website. - Significant Changes to WSRP 2022: - Rebalancing of the water treatment plant production levels during the three levels  of drought management. Maximizing the water from the Mills River Water Treatment Plant (WTP) to reduce the demand on the Wm. DeBruhl WTP. - Phase III - Rate Surcharge (Emergency): Due to highly efficient appliances and plumbing fixture improvements during the past 20 years, the total percentage of water that customers were asked to cut back was reduced from 25% to 15%. - Implementation of drought triggers were updated. - Changes to the action levels regarding the probability of drought at a certain time  period in the future were made. - Clarification of the process for less restrictive conservation levels based on lake  level increases. - More stringent penalties for the use of irrigation meters during mandatory and  emergency drought conditions. - Addition of a seamless doc form to request a variance. - The document clarified that the Director or designees is responsible for all  subsequent revisions and the process to follow for full approval and implementation.  Vendor Outreach Efforts: - n/a  Committee(s): - n/a  Pro(s): - Increases the resilience to provide potable water to our customer in times of drought  Con(s): - n/a  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-02-14","mt":"regular","id":"II-C","ref":"RES 23-22 / ORD 4996","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with the N.C. Historic Preservation Office to accept a grant for NAPC training; and budget amendment ordinance","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-02-14","mt":"regular","id":"II-D","ref":"RES 23-23","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement with Buncombe County to select a vendor to manage and implement the Blue Ridge Horizons Project","desc":"Background: - Resolution 16-64 established a joint City, County, and Utility Energy Innovation Task  Force (EITF) to address 1.) prevention of Duke Energy’s Peaker Plant, and 2.) provide clean renewable energy for Western North Carolina.  https://drive.google.com/open?id=17bylpBS_pYR2cjwHpCSeSLMw00F0fuXW - In 2020 the EITF accomplished the initial goal to prevent the Duke Energy Peaker Plant and through Resolution 20-18 dissolved as a City/County Task Force and established the Blue Horizons Project Community Council (BHPCC). - The City and County have representation on this council. - The Blue Horizons Project Community Council advises the Blue Horizons Project for the  purpose of achieving the community-wide renewable energy goal established in Resolution 18-279. - In 2020 the City and County utilized an interlocal agreement to co-fund and select a vendor, the Green Built Alliance, to manage and implement The Blue Horizons Project and the Blue Horizons Project Community Council. - The City and County have both equally funded this project for the past three years and now need to re-advertise for these services. - The City of Asheville will enter into an interlocal agreement with Buncombe County to give the authority to issue a joint RFP and select a vendor to implement the deliverables of the Blue Horizons Project. - The City will have a role in selecting and negotiating with the responsive bidder. - This new interlocal agreement will be in place until 2042 since that is the year referenced  for the community-wide renewable energy goal established in Resolution 18-279 and Resolution 17-12-06. - Requests for approvals of contracts with, or payments to, selected vendors will be brought to City Council separately  Committee(s): - Environment and Safety Council Committee, January 24, 2023, voted 2-0 to recommend  to the full City Council adoption of a resolution authorizing the City Manager to enter into an Interlocal Agreement with Buncombe County to select a vendor to manage and implement the BHP.  Pro(s): - Re-commits the City and County to support the implementation of the Blue Horizons  Project - Puts resources in the community to drive progress on the community-wide renewable  energy goal - Supports Council’s strategic priority to for equitable & affordable housing & stability  Con(s): - None  Fiscal Impact: - None. - The Interlocal Agreement only concerns the joint City-County process for selecting  vendors for the Blue Horizons Project going forward. - Requests for approval of funding for selected vendors will be brought to City Council at a  separate time, after selection by the City-County. - The Sustainability adopted operating budget for the current fiscal year includes $100,000  to contract with the Green Built Alliance to manage and implement the Blue Horizons Project. Sustainability Staff have requested that same budget amount for Fiscal Year 2024. - If a responsive bidder is selected, a contract will be issued in FIscal Year 2023-24.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-02-14","mt":"regular","id":"II-E","ref":"RES 23-24","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with the John R. McAdams Company Inc. for stormwater design services at the Municipal Golf Course","desc":"Background: - This contract has been in place since August of 2019, - The original RFQ for selection of a qualified engineering firm to provide professional  engineering services including stormwater design services, construction administration and material testing for the Asheville Municipal Golf Course was issued in August of 2019 by the Parks & Recreation Department. - After assessment, if funds were made available for a construction project the intent had been to amend the agreement with the selected firm to complete construction design documents and project oversight. - The selected firm was McAdams. - Funds are now available for a capital project at the Municipal Golf Course, including  stormwater. - Although the City’s agreement with Commonwealth Golf Partners II - Asheville (CGPA)  dictates that CGPA is to manage all aspects of the capital improvement project at the course, staff has decided that the City’s Capital Projects department should oversee the stormwater portion of the capital project at the course. - The construction arm of CGPA intends to bid on the stormwater construction contract, therefore to prevent any perception (real or perceived) of a conflict of interest, if CGPA issued the bid and possibly won the bid, (if CGPA is the lowest responsive/responsible) staff believes the City should manage this portion of the project internally. - This contract amendment will allow for construction design documents and project oversight to be completed for the stormwater portion of the Municipal Golf Course project.  Vendor Outreach Efforts: - When initially contracted, staff followed the City’s MWBE outreach policies which included  specific outreach by the City’s Business Inclusion Manager. - McAdams was deemed the most qualified responder to the RFQ; however, they are not  minority owned, and no subcontracting services are anticipated.  Committee(s): - None  Pro(s): - Continues the process of improvements at the Asheville Municipal Golf Course - Saves potential expense as a new design firm would be required to complete field  assessments which have already been completed by McAdams  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-02-14","mt":"regular","id":"II-F","ref":"RES 23-25","it":"resolution","t":"Resolution authorizing the City Manager to sign a contract with Asheville Area Habitat for Humanity and ABCCM to provide agencies grant funding","desc":"Background: - In May 2022 the City of Asheville responded to a request for proposals from the  Dogwood Health Trust to leverage the American Rescue Plan Act (ARPA) funds that the City is investing in affordable housing. - Asheville Area Habitat for Humanity (AAHH) and Asheville Buncombe Community Christian Ministries (ABCCM) applied for City of Asheville ARPA funding for affordable housing projects. - At its May 10, 2022 meeting, Asheville City Council adopted a resolution authorizing the City to execute the agreements for the fulfillment of the American Rescue Plan Act funding recommendations. - The City Council’s ARPA allocations awarded partial funding to the affordable housing projects submitted by Asheville Habitat for Humanity and ABCCM. - These grant funds from Dogwood will provide additional funding for both programs to leverage affordable housing. - At the September 13, 2022 Council meeting, City Council authorized the City Manager to enter into a grant agreement with Dogwood Health Trust; and approved the associated budget amendment from the Dogwood Health Trust ARPA Advantage Affordable Housing funding in the amount of $1,600,000. - Approval of these contracts will allow the city to provide the additional funding to AAHH and ABCCM. - Total federal ARPA funding and Dogwood Health Trust ARPA Advantage Affordable Housing Funding for ABCCM and AAHH is described below:  Agency Total ARPA Requested City ARPA Allocation Dogwood Funding Total  Funding  ABCCM $3,000,000 $999,000 $1,300,000 $2,299,000  Habitat $900,000 $600,000 $300,000 $900,000  Committee(s): - City Council approved ARPA funding  Pro(s): - Additional funds for programs related to covid recovery. - Additional funds for projects for affordable housing. - Allows the City to focus on partnerships in the community, along with capacity building,  support and networking to build towards a collaborative future.  Con(s): - None  Fiscal Impact: - Matching funds are not required for this grant, funding will be passed through to AAHH  and ABCCM.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-02-14","mt":"regular","id":"II-G","ref":"RES 23-26","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Creech and Associates for the Comprehensive Facilities Study","desc":"Background: - On June 14, 2022, City Council authorized a contract with Creech & Associates, PLLC in  the amount of $348,370.00 for a Comprehensive Facility Study. - The requested amendment provides further clarification and standardization in the  assessment of the prior Operations and Maintenance (O&M) Study provided by IBI Group in 2020. The previous O&M study included the proposed relocation of the Public Works Department. - The requested amendment will provide the City with sufficient detail to propose phasing options for future master planning and capital planning as part of the study. - The requested amendment will also provide the City with the option to include additional master planning sites, and capital planning scenarios, which are needed to provide the City with a more detailed picture of future capital needs. - Sites that are currently slated for master planning include: - Oakley Multi Use Facility - Evaluate this space that is in need of replacement to  accommodate existing uses and potentially including other compatible uses. Provides the opportunity to partner for shared site uses with the County and other community uses. - City Hall - Evaluate current uses considering different and modernized space utilization. - Municipal Building - Evaluate space utilization and future renovation ideas to maximize utility of the facility. - Parkside Master Plan - Consider development of existing City parking lots for expansion of City administrative spaces, parking, multi use development and/or other creative uses. - Public Works Relocation - Previously studied, this master plan will consider phasing intending to make a transition from this site more cost effective. - Additional sites that are being considered for master planning under this amendment are described below. The list of sites will be finalized based on the project budget, facility condition index, space needs deficits, and ability of the site master planning to meet project deadlines: - West Asheville Multi-Use Facility - Similar to the Oakley facility in the evaluation of a replacement building which will include multiple partners. - Transit Garage - This evaluation will consider the expansion and relocation of the facility in order to provide transit service expansion opportunities in the future. - Harrah’s/Thomas Wolfe Auditorium - Develop a specific maintenance and improvement plan to support the facility until a major renovation project can be developed. - Public Works Transition Plan - Evaluate the current use of this facility and help to identify options that will relieve challenges associated with the current use of the space. - The proposed amendment total shall not exceed $42,700.00. - The City owns more than 1.6 million square feet of facilities, of which about 900,000  square feet are occupied or operational. - The majority of City facilities are greater than 50 years old, and are in various states of  their expected useful life. - The purpose of this study is to provide the City with a more complete picture of the  current state of city facilities, and to provide a roadmap for future capital investments in City facilities to meet the City’s needs and goals. - The study includes a facilities condition assessment, future space needs and space utilization, and capital planning and prioritization. - Additionally, the study will include an assessment of sustainability goals as they relate to facilities, master planning for select sites, employee parking, remote work, and a location based analysis of fire and police facilities. - The study’s expected completion is June of 2023.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Creech & Associates, PLLC is subcontracting with Palacio Collaborative, Inc. of Atlanta, GA, which is a minority-owned enterprise, and Stewart Engineering, Inc. of Raleigh, NC, which is a woman-owned enterprise.  Committee(s): - None  Pro(s): - Provides the City with needed information regarding the condition of its facilities, space  needs for current and future growth, and which will help in the prioritization and planning of future capital investments in City facilities. - Long-term facility management will be aided through the addition of capital forecasting software.  Con(s): - None  Fiscal Impact: - Savings from a completed facility maintenance project (City Hall elevator replacement) in  the General Capital Projects Fund have been identified to fund this contract amendment.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-02-14","mt":"regular","id":"II-H","ref":"RES 23-27","it":"resolution","t":"Resolution authorizing the City Manager to renew an agreement with Azteca Systems, LLC for the Enterprise Asset Management System software license, maintenance and support","desc":"Background: - Azteca Systems, LLC’s Cityworks asset management software provides a platform for Water Resources and Public Works asset management, work orders, and reporting. - This software is utilized to track the use and costs of assets through preventative maintenance of assets. - It is used to track the costs of work performed by field personnel and allow for tracking of performance and reaction times in calls coming into customer service. - It also allows for a paperless workflow within departments and across departments using the system. - This is an annual software renewal to allow for continued use of Cityworks software. - Cityworks is highly integrated with the City’s GIS program and includes all major physical  assets maintained by Water Resources and Public Works (water mains, valves, hydrants, streets, etc.). - One component added in 2021, the Citizen Engagement Application Programming Interface (API), allows for integration between Cityworks and the Asheville App. - This streamlines data entry, public notifications, and automates the creation of work orders and reports.  Vendor Outreach Efforts: - The City of Asheville conducted a competitive procurement process for an asset  management software system for both Public Works and Water in 2016 and 2017. - There are a limited number of vendors providing comprehensive enterprise asset  management software, and after reviewing all available options, Cityworks was selected as the best overall value for the City of Asheville.  Committee(s): - N/A.  Pro(s): - More efficient management of Water Resources and Public Works physical assets and  infrastructure. - Automation of work orders and reporting.  Con(s): - Without this system, Water Resources and Public Works will not be able to proactively  manage and maintain critical infrastructure.  Fiscal Impact: - Funding for this contract, which totals $74,623.50, is available in the Water Resources  and Public Works departmental operating budgets.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-02-14","mt":"regular","id":"II-I","ref":"RES 23-32","it":"resolution","t":"Resolution authorizing the Purchasing Division to execute purchase orders with Gillig for 4 new 30-foot diesel buses for the Asheville Rides Transit system","desc":"1. Execute purchase orders in the amount of $2,139,722, for four (4) 30-foot diesel Gillig buses utilizing the Washington State Department of Enterprise Services Cooperative Purchasing Agreement approved by the Washington State Department of Enterprise on October 20, 2021.  2. Utilize sole source procurement on the basis of standardization and to execute a purchase order not to exceed $125,000 with Clever Devices for technology equipment for the buses.  Background: - The requested action will authorize the purchase of four new diesel buses from Gillig and  will “replace” the original order of four buses from Vicinity Motors. - Funds that were previously encumbered for the purchase order with Vicinity Motors will  be used instead for the purchase of the Gillig buses. - Staff recommends purchasing diesel buses at this time because there are currently no  transit bus manufacturers making hybrid vehicles in the length that is most suitable for Asheville’s terrain and operational needs (≤ 30 feet). - In order to maintain existing service levels, the City needs to replace between 3 and 5 buses annually. At this time, the City has 5 buses past the recommended useful life of a bus, given that they have over 500,000 miles and have been in service for 13 years. There are another 9 buses in the transit fleet nearing the end of their useful life that will need to be replaced in the next two years. - Until new buses are received and we are able to retire old buses, the City will continue to incur additional expenses that would not otherwise have been necessary, including funding major repairs such as engine replacements, and propulsion system rebuilds. As buses come out of service for repairs, or have to be removed from service should they become irreparable, it is possible that service could be impacted/interrupted. - The City currently uses biodiesel to fuel and enhance the sustainability of the transit fleet. - While Gillig and other manufacturers are producing 30-foot compressed natural gas  (CNG) buses, Fleet and Sustainability staff do not recommend the purchase of CNG vehicles at this time. - The primary reasons for not recommending the CNG option is there are limited fueling options for CNG in the community and the market is now focused primarily on electric vehicle technology. - Staff will submit a budget request for FY 2024 to develop a Zero-Emission Transition Plan for Transit. - The Zero-Emission Transition Plan would consist of a comprehensive analysis of the various options for transitioning the ART fleet to zero-emissions over time. The plan would analyze routes, ridership demands, various fleet sizes and fuel sources, necessary infrastructure investments, emissions and carbon production, and the short and long term financial investments (capital and operating) required for each. - Additionally, the requested Council action will approve a sole source procurement from the vendor “Clever Devices,” to allow the City to purchase the same equipment already used in ART buses that provides audible passenger announcements and that syncs with the interior LED signage to keep riders informed about upcoming stops.  Below is a timeline of staff’s interaction with and ultimate decision not to accept the Vicinity Motor buses: - In August 2019, the City Council authorized the purchase of four (4) diesel transit buses and necessary equipment from Vicinity Motor (previously known as Grande West), for $1,691,164. Additional authorization was approved by Council in May 2020 to purchase and install protective barriers for drivers, bringing the total to $1,793,324. - The purchase order for the buses was issued September 2019 and included a 1-year production deadline. - Bus manufacture was significantly delayed well into 2021 due to COVID-19 and global supply chain disruptions. Throughout 2021 and early 2022, staff continued to work with the vendor as the challenges being experienced were not uncommon and progress continued to be made, including staff and the vendor completing the necessary pre-production meetings and sign-offs on the bus specifications in February 2022. - The vendor indicated that the buses would enter the production line in March 2022 and be completed in June 2022. However, the completion date continued to be pushed back until September 2022. - For all bus purchases, the City hires a third-party inspection firm to perform comprehensive inspection of all bus components during the final phase of completion to ensure the quality of the City’s purchase. Between September and December 2022, the inspection firm inspected the vehicles three times and found significant issues, resulting in failed inspections. - On December 21, 2022, staff met with the vendor. The vendor stated that they would need another 6 months to fix the issues identified in the inspections and deliver the buses to the City. - In consultation with the City Attorney’s Office and Finance Department, Transportation staff has determined that it is in the City’s best interest to cancel the existing purchase order with Vicinity Motor and is taking steps to do so at this time, as well as unencumber the associated funds. Transportation staff and representatives from the City Attorney’s Office will work together to determine the next steps to account for the impacts caused to the City by the vendor’s non-performance.  Vendor Outreach Efforts: - Washington State Cooperative Agreement is being used.  Committee(s): - None.  Pro(s): - This action will enable staff to purchase replacement buses needed to continue to  provide current transit services. - Grant funding allocated to the Vicinity Motors purchase will still be leveraged for bus  purchases.  Con(s): - Overall, this action will require an additional $471,398 to purchase and equip the same  number of buses (4) that were included in the original order. - This is due in part to inflation since the original order was placed in September 2019 and  the difference in cost between a Gillig bus and a Vicinity Motor bus. - Additional funding in the Capital Improvement Program would be needed to maintain the existing fleet replacement plan. - The purchase of diesel buses instead of hybrid, or another alternative fuel source, negatively impacts the City’s policy goal with regard to carbon reduction. - Preliminary analysis estimates that a diesel bus fueled by biodiesel produces approximately 14% more emissions than a hybrid bus fueled by biodiesel.  Fiscal Impact: - Funding from the original purchase order budgeted in the Transit Services Multi-Year  Fund will be reallocated to the new purchase of buses and equipment. - The additional funding required to purchase the same number of buses as originally  planned (4) can be reallocated from existing budget in the Transit Services Multi-Year Fund. - Revenues identified to support the requested action will come from a combination of Federal Transit Administration (FTA) grants and City funds as outlined below:  Funding sources Amount FTA (Section 5339 Grant) - budgeted in prior fiscal year $ 357,538  FTA (2018 MPO Section 5307 Grant) - budgeted in prior fiscal year $ 146,092  City Funding - budgeted in prior fiscal year $ 1,289,694  Additional City Funding - budgeted in current fiscal year $ 471,398  Total $ 2,264,722","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-02-14","mt":"regular","id":"II-J","ref":"ORD 4997","it":"ordinance","t":"Ordinance amending Sec. 3, Art. I, Ch. 3 of the Asheville City Code to enhance regulation concerning human interaction with wild animals","desc":"Background: - The North Carolina Wildlife Resources Commission has identified a significant escalation  in human-bear interaction in Asheville and Buncombe County. - This includes increasing reports of purposeful feeding of wildlife, including bears. - Increased feeding, and similar attractants, create a dangerous, and potentially deadly,  environment for both wildlife and humans - As part of its education and outreach strategy to address this growing problem, the NC  Wildlife Resources Commission recommends that the City strengthen its existing ordinance related to wildlife feeding. - The proposed amendment includes the following updates: - Reducing the time frame for correcting violations from 60 to 14 days, - Expanding the definition of prohibited activity to include actions that would  ATTRACT wild animals which would create a danger to the public or the wildlife, - Defining dangerous activities as those that may result in injury or death and  increased disease transmission for humans and wildlife, - Expanding the enforcement authority to additional members of City staff as  appropriate. - Penalties for non-compliance remain unchanged (non-criminal civil penalty). - Fines shall be $50 for the first offense, $100 for the second offense, and $150 for the  third offense.  Committee(s): - Environment and Safety - January 24, 2023 - 2-0 to move forward to City Council  Pro(s): - Expands regulation of actions that contribute to the attraction and feeding of wildlife,  including bears; and improves enforcement processes to provide better protection to the public and wildlife.  Con(s): - None.  Fiscal Impact: - None.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-02-14","mt":"regular","id":"II-K","ref":"RES 23-28","it":"resolution","t":"Resolution amending the 2023 City Council meeting schedule to add Agenda Briefing Worksessions at 11:00 a.m. on the 1st and 3rd Thursdays","desc":"Councilwoman Ullman was pleased to see us trying new things and bringing the public along as we experience this new format.  Councilwoman Roney felt this is a step in doing more of the public’s work in public. She was pleased that we will be educating the public while we educate ourselves in a public forum. This is another opportunity to tell the story of the hard work we are doing and sharing the successes together.  Nina Tovish thanked City Council for taking this step as it opens the door for community members to make informed public comment either directly to City Council or by other means before a vote is taken. This move is a great opportunity for public accountability and transparency. She suggested City Council vote on this item separately so that the public knows City Council is embracing this change with full participation by all Council. … Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-02-14","mt":"regular","id":"IV-A-1","ref":"RES 23-29","it":"public_hearing","t":"Resolution to permanently close an unopened right-of-way (Aston Street) associated with Central United Methodist Church","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to close an unopened right-of-way connecting to the east side of Buncombe Street between Commerce Street and Aston Street. This public hearing was advertised on January 13, 20, 27 and February 3, 2023.  Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. The statute requires City Council to consider whether the closure of the Right-of-Way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Central United Methodist Church of Asheville has submitted an application requesting to permanently close an unopened right-of-way connecting to the east side of Buncombe Street between Commerce Street and Aston Street. - The subject right-of-way serves as the driveway in/out of the church’s private parking lot. - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.  Committee(s): - Technical Review Committee, November 7, 2022, unanimously recommended approval  with conditions. - Multimodal Transportation Commission, December 7, 2022, unanimously recommended  approval.  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.  Con(s): - None.  Fiscal Impact: - This action requires no (additional) City resources and has no fiscal impact.  Ms. Morriss said Central United Methodist Church of Asheville has petitioned for this closure. The Church owns the properties at 27 Church Street (PIN 9648-39-7865) and 32 Buncombe Street (PIN 9648-39-6776). The unopened right-of-way connects to the east side of Buncombe Street and currently functions as the driveway into the church’s private parking lot. The length of the proposed closure is approximately 152 ft long by 25 ft wide. She said the Technical Review Committee and the Multimodal Transportation Commission reviewed this request and both approved the closure.  Mayor Manheimer opened the public hearing at 6:01 p.m., and when no one spoke, she closed the public hearing at 6:01 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2023-02-14","mt":"regular","id":"IV-A-2","ref":"RES 23-30","it":"public_hearing","t":"Resolution approving a Land Use Incentive Grant application for Cohen-Esrey Development Group at 157 New Leicester Highway","desc":"Affordable Housing Officer Sasha Vrtunski said this is the consideration of adopting a resolution approving a land use incentive grant to Cohen-Esrey Development Group for 141 residential units 157 New Leicester Highway. A legal ad was published on February 3, 2023.  Review: - Cohen-Esrey Development Group has applied for a Land Use Incentive Grant (LUIG) for  their development at 157 New Leicester Highway per the LUIG policy adopted by City Council on June 22, 2021. - The development consists of 141 rental apartments and community space. - Housing represents 100% of all rentable square footage. - Of the +/- 141 residential units, 29 rental apartments (20%) will be affordable, serving  individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 30 years. - The project encompasses 4.7 acres of land on New Leicester Highway in West Asheville, currently divided into two parcels known as 157 and 99999 New Leicester Highway and PIN’s 9629-70-3496 and 9629-70-0376. - Estimated Tax Value of the property is $26.5 Million post-completion.. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of  Asheville for households earning at or below 80% of the Area Median Income (AMI). - The affordable units will be affordable to and leased to income-eligible households for at least 20 years. [Applicant has agreed to a longer period of 30 years] - The proposed development is located inside the city limits. - The proposed development provides residents convenient access to jobs,  schools, and services. - The proposed development is over the 70% residential threshold in use based  on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive - 30 total points for affordability, - 10 points for rental assistance, - 5 points for housing someone from the Homeless by Name list, - 10 points for the location, - 15 points for energy efficiency and green building, and - 10 points for Universal Design - for a total score of 80 points. - Per the policy, this will equal 16 years of grants in the amount of the City Property Taxes payable on the 157 New Leicester Highway Development. - As a part of the LUIG program, 50% of the affordable units will accept vouchers, which generally benefit households at 50% AMI or below. When Housing Choice vouchers are utilized, this also opens up a unit in Public Housing where there are waiting lists. - Unit mix for affordable units is 15 one bedroom units and 14 two bedroom units.  Proposal: - Affordable Rental Housing - The proposed project will provide twenty-nine (29) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI, with 19 (50% of the affordable units) accepting rental assistance, for an affordability period of thirty (30) years. - Under this category, the project qualifies for 30 points. - Rental Assistance - The proposed project will accept 15 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more. The proposed project will house one person from the Homeless By-Name List for 5 points. - Under this category, the project qualifies for 15 points. - Superior locational efficiency - The proposed project is located within 1 mile from a job or urban center (Patton Ave at Haywood Rd.), and within a .5 mile from a Transportation Amenity (grocery store). - Under this category, the project qualifies for 10 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star Certification and a green building certification. - Under this category, the project qualifies for 15 points. - Universal Design: The project has committed to using Universal Design for 20% of the  units, which qualifies for 10 points. - Staff has scored the project with 80 points, which qualifies the project for sixteen (16)  years of Land Use Incentive Grant.  Pro(s): - The proposed project will provide 29 affordable rental housing units to households  earning 80% or less of area median income; - The proposed project will have an affordability period of thirty (30) years; - The proposed project should have a significant economic impact. Construction wages  and material purchases will positively affect the local and regional economy; - The 29 affordable units are located in West Asheville (walkability score of 44 - car  dependent, bike score of 30 - somewhat bikeable, minimal bike infrastructure) and provide employment & shopping options for individuals and families who fall within the 80% AMI incomes. - Cohen-Esrey Development Group will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers and Rental Assistance as the development prepares to come online.  Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change  as it moves towards development.  Fiscal Impact: - The two parcels included in the project have a current tax value of $316,700 and pays  city property taxes of approximately $1,276 annually. - Under the estimated tax value of $26.5 M post-completion, the annual city property tax  will be approximately $106,795. - The difference is $105,519 which would be granted to the property owner annually after  payment for 16 years. - For 16 years and 29 affordable units at or below 80% AMI, the city will grant back a total  of $1,688,299 over the 16 years of the LUIG which equals $58,217 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in the LUIG Policy. - After year 16, the City will receive the approximate $106,795 annually in city tax revenue (depending on future property tax increases, etc.). - Please note the City will still receive property taxes of approximately $1,276 per year in years 1 -16. - The City sets aside a budget annually for Land Use Incentive Grants.  Staff Recommendation: - Staff recommends approval of the request.  Ms. Vrtunski said the key takeaways from this presentation are (1) LUIG application is for 157 New Leicester Highway; (2) project is committing 29 units (20%) to be affordable for 30 years at 80% AMI or below; (3) the project is also bringing other benefits including rental assistance, housing for the Homeless By-Name list, energy efficiency and green gilding certification and Universal Design; and (4) project qualifies for 16 years of taxes paid. She reviewed the project background as follows: (1) The development consists of 141 apartments and community space; (2) Housing represents 100% of all rentable square footage; (3) The project encompasses 4.7 acres of land on New Leicester Highway; (4) The developer estimates a taxable value after construction at $26.5 Million; (5) The development is intended to serve residents 55 or older as defined by the Fair Housing Act; (6) The prospective residents will need to be capable of living independently and planned on-site activities will cater to this age group; (7) Of the 141 residential units, 29 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 30 years; (8) Unit mix for affordable units is 15 one bedroom units and 14 two bedroom units; (9) For the 112 market-rate units, tenants will need to earn 2.5x scheduled rents or demonstrate sufficient assets so that they are not “rent burdened.”; and (10) The 29 affordable units will restrict occupancy and rents at 80% AMI levels. She then reviewed the project location, along with the exterior elevations. The following is the point summary: 20% of units affordable at 80% AMI (20 points); 30 years of affordability (10 points); 10% Rental Assistance (5 points); Housing for 1 person on the Homeless By-Name list (5 points); Location: (a) 1 mile from a job or urban center (5 points); and (b) .5 mile from a transit amenity (5 points)l Energy Efficiency / Energy Star (5 points); Energy Efficiency / green building (10 points); and Universal Design- 20% of units (10 points). Total Points: 80 points = 16 years of taxes granted to owner. The following LUIG specifics are (1) The two parcels included in the project have a current tax value of $316,700 and pays city property taxes of approximately $1,276 annually; (2) Under the estimated tax value of $26.5 million post-completion, the annual city property tax will be approximately $106,795; (3) The difference is $105,519 annually which would be granted to the property owner annually after payment for 16 years; (4) For 16 years and 29 affordable units at or below 80% AMI, the city will grant back a total of $1,688,299 which equals $58,217 per unit of subsidy which is lower than the estimate of  up to $80,000 in subsidy as noted in the LUIG Policy; and (5) After year 16, the City will receive the approximate $106,795 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $1,276 per year in years 1 -16. The Housing and Community Development Committee reviewed the request on Wednesday, February 8, 2023, and voted 3-0 in favor of the Land Use Incentive Grant request. The Policy, Finance & Human Resources Committees is reviewing the request on February 14, 2023. Staff recommends approval of a motion to approve the Land Use Incentive Grant application for Cohen-Esrey Development Group / 157 New Leicester Highway.  Councilwoman Roney asked what the plan is for renewable energy for the neighbors in this development and how does the design prohibit or allow future use for solar.  Councilwoman Turner (Chair of the Housing & Community Development Committee “HCD”) said that the HCD Committee is exploring revisions to the land use incentive policy to address things like questions raised by Councilwoman Roney.  Mayor Manheimer opened the public hearing at 6:17 p.m.  David Moritz felt this is probably the most cost effective way the City can help to house people.  Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2023-02-14","mt":"regular","id":"IV-B","ref":"ORD 4998","it":"public_hearing","t":"Ordinance to conditionally zone 157 & 159 New Leicester Highway for workforce housing","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone properties located at 157 & 99999 New Leicester Highway from RM-16 Residential Multi-Family High Density District and Highway Business District o Residential Expansion/Conditional Zone for the construction of a 153-unit multi-family building. This public hearing was advertised on February 3 and 10, 2023.  Project Location and Contacts: - The project site totals 4.92 acres located at 157 and 99999 New Leicester Hwy (PINs  9629-70-3496 & 9629-70-0376) - Owner: Kodagem LLC  Summary of Petition: Project Site - The project site consists of two properties totalling 4.92 acres located at 157 and 99999 New Leicester Hwy. - The site is currently zoned Residential Multi-Family High Density (RM-16) & Highway Business (HB). - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - The project site is currently a wooded, vacant lot. - The site is designated “Residential Neighborhood” and \"Urban Corridor\" on the city’s  Future Land Use (FLU) Map. A change in the FLU designation will not be required.  Overall Project Proposal - New building construction includes a 141-unit senior-living, four to five story multi-family  building. - Other site improvements include expanded off-street parking, new sidewalks, and  amenities such as a pool and gazebo. - 28 units (20%) will be affordable at 80% Area Median Income (AMI) for a minimum of 20  years. - 14 of these affordable units (50%) will accept housing choice vouchers.  Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The  maximum building height of the proposed project is approximately 52 feet, as measured to the ceiling of the highest occupiable floor. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of the dwelling units are affordable at 80% AMI. - The proposed project’s density is 28.7 units/acre. - Front yard, rear yard and side yard setbacks of 15 feet are proposed as is required in the  RES EXP district. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. - The proposed project would result in a total impervious area of 51%.  Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and  property line buffers. - The RES EXP district requires a 20 foot-wide “Type A” landscape buffer where the  subject property is adjacent to any other residentially zoned property, which is required along the western property boundary where the site is adjacent to the RM-16 zoning district.  - The project is seeking a technical modification for this required buffer. - The project is classified as a combination of “urban” and “suburban” under the Tree  Canopy Preservation standards and has classifications of “Class B” and “Class C”. - Based on the proportion of these classifications and the existing tree canopy, a total of  26,240 square feet of tree canopy preservation is required, which the project is meeting through preservation on-site. - Open Space is required at a rate of 20% of the site as the project meets the incentive requirements for enhanced stormwater management, resulting in 42,863 square feet of required open space, which the project is providing.  Access, Sidewalks and Parking - Access to the site will be provided by an existing driveway located on Leicester Hwy. - The project will include a total of approximately 150 parking spaces, which may vary  based on the required buffers of streams and wetlands on-site. - The minimum number of parking spaces provided will be 141 spaces. Based on the  number of bedrooms and dwelling units, the minimum/maximum number of required  parking spaces is 141/282 for the RES EXP district. - Bicycle parking is required at a rate of five percent of the total number of vehicle parking  spaces. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the  primary access corridor and internally throughout the site. - A future sidewalk located along New Leicester Hwy is already planned by the  City of Asheville, so no new sidewalk is required by the project along this portion of roadway. However, the project will be required to pay a fee-in-lieu.  - The project is proposing new five-foot wide sidewalks internal to the site and along the western side of the project's driveway.  Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including: - No landscape buffer along the western property boundary where a “Type A”  20-foot wide landscape buffer is required. - Five foot-wide sidewalks internal to the site instead of the required 10 foot-wide  standard. - No bike lanes into the development.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted growth areas.  - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.  - Promote the Development and Availability of Affordable and Workforce Housing - by leveraging city resources for the development and maintenance of subsidized housing, including senior housing. - The proposed development is compatible with the Future Land Use designations of “Residential Neighborhood” and \"Urban Corridor\", which are proposed, respectively and in part, that “residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of small scale infill housing” (p. 346) and, that “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”.  Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land  uses, including: - The Meadows Apartments, located directly west of the project site along  Ascension Dr. - Suburban commercial uses located generally to the west and east of the project  site along New Leicester Hwy. - Single-family houses located further to the west and south of the project site.  Committee(s): - Technical Review Committee (TRC) - November 21, 2022 - approved with conditions. - Planning & Zoning Commission (PZC) - December 7, 2022 - approved (Vote 6:0) with the  following conditions: 1) That the minimum number of parking spaces be removed from the Project Conditions; and, 2) That the Project Conditions be updated to state that fee-in-lieu will be required for sidewalk along New Leicester Hwy.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, he outlined the following: New 4/5 story multi-family building; 141 residential dwelling units for seniors; 28 units (20%) affordable at 80% AMI for 20 years; ~150 parking spaces (141 minimum); Access from existing curb cut on New Leicester Hwy; No new sidewalks on New Leicester (City project planned, fee in-lieu); 5’-wide sidewalks internal to site; Landscaping standards: street tree, parking lot, building impact, and property line buffers; Open space at 20% of site; and Tree Canopy Preservation standards met on-site through preservation. He then reviewed the landscape plan along with the building elevations. Regarding conditions, he said 28 units (20%) will be designated affordable at 80% Area Median Income (AMI) for a minimum of 20 years - 14 of these affordable units (50%) will accept housing choice vouchers. Technical modifications include (1) No landscape buffer along the western property boundary where a “Type A” 20-foot wide landscape buffer is required; (2) Five foot-wide sidewalks internal to the site instead of the required 10 foot-wide standard; and (3) No bike lanes into the development. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project with conditions. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  When Councilwoman Roney asked what the plan is for renewable energy for the neighbors in this development and how does the design prohibit or allow future use for solar, Mr. Derek Allen, attorney representing the developer, said that they have a renewable energy package that includes electric charging stations and solar on the lights in the parking lot. They are waiting to see if other grants are received so they can provide other renewable energy items.  Councilwoman Turner asked what the average installation cost is for a bus stop and if the developer would be willing to amend the conditions to include construction of a bus stop. Mr. Palmquist replied that there is a bus stop about ¼ mile in either direction. Mr. Allen responded that they are paying a fee in lieu for the sidewalks but wasn’t sure if those funds could be used by the City to construct a bus stop. Since Transportation Director Ken Putnam could not immediately provide an answer to how much a bus stop installation would cost, Mr. Allen said that without knowing what the amount is, they could not commit to a bus stop installation.  Mayor Manheimer opened the public hearing at 6:35 p.m.  Bill Loftis spoke about the need for transit to be a topic of discussion early on in the reviews.  Mayor Manheimer closed the public hearing at 6:36 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2023-02-14","mt":"regular","id":"IV-C-continue","ref":"","it":"motion","t":"Motion to continue public hearing on LUIG for 46 Aston Street (Aston Flats LLC) until May 23, 2023","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2023-02-14","mt":"regular","id":"V-A-1","ref":"RES 23-31","it":"resolution","t":"Resolution authorizing the City Manager to sign a funding letter of commitment for I-2514D in the amount of $7,301,924","desc":"Director of Transportation Ken Putnam said that is the consideration of a resolution authorizing the City Manager to sign a funding letter of commitment to the N.C. Dept. of Transportation (NCDOT) regarding the city betterments and aesthetics treatments for Project I-2513B and I-2513D.  The following is the City’s Staff Report: “Background: - The I-26 Connector Project I-26 begins at I-40 and ends at US 19-23 (Future I-26) near Broadway Street for a total length of 4.7 miles. - The I-26 Connector Project is included in the NCDOT 2020-2029 State Transportation Improvement Program (STIP) at a total estimated project cost of $1,348,880,000. - The scope of work includes constructing a multi-lane freeway partly on new alignment. - Sections AA and AB of this project include improvements at - the I-26/I-40/I-240 interchange and along I-40 between US 19-23 (Smokey Park Highway) and - the I-26/I-40/I-240 interchange. - These sections are in the right-of-way phase and the anticipated construction contract  letting date is November 23, 2023. - Section AC begins at I-40 and ends at a point south of Haywood Road. - This section is in the right-of-way phase and the anticipated construction contract letting  date is February 24, 2024. - Section C includes improvements to the I-40 interchanges with US 19-23 (Smokey Park  Highway), I-26/I-240, and NC 191 (Brevard Road). - This section will be awarded using the design-build process and the anticipated award  date is during Federal Fiscal Year 2029. - Section B of the I-26 Connector Project (NCDOT Project ID: I-2513B) begins at a point south of the Haywood Road bridge and ends at US 19-23 (Future I-26) near Broadway Street. - Section D of the I-26 Connector Project (NCDOT Project ID: I-2513D (Riverside Drive)) begins at a point south of Hill Street and ends at Broadway Street. - Section B and Section D of the I-26 Connector Project will be awarded together using the design-build process and the anticipated award date is October 17, 2023. - The design-build team selection process should begin in early calendar year 2023 and takes about nine months to complete. - City Council appointed an Aesthetics Committee in 2018 to advise the City regarding recommendations for aesthetic improvements to the I-26 Connector Project. - The Aesthetics Committee has worked diligently during the past four years to review and recommend various aesthetic treatments that would enhance the overall experience of the I-26 Connector corridor for all users. - For purposes of this report, a City betterment is defined as a bicycle, pedestrian, or public transportation improvement that exceeds NCDOT’s standard improvements. - An aesthetic treatment is defined as any treatment including aesthetic materials, landscaping, and lighting that exceeds NCDOT’s standard treatments. - The Aesthetics Committee recommendations are estimated at $5,889,024 and are described in detail in their report. - The $5,889,024 in aesthetic improvements are in addition to the previously budgeted $1,412,900 in bicycle and pedestrian improvements that are currently in the CIP. - Staff is recommending a more narrow list of aesthetic improvements based on the priorities submitted by the Aesthetics Committee. - Staff’s recommendation prioritizes the top 3 aesthetic improvements; specifically, Bowen Bridge enhancements, the Haywood Bridge and Interchange, and the Hill Street and I-240 pedestrian bridges as well as 5 other priorities. - The staff recommended total cost to the City is $5,400,495 and is itemized as follows: 1. City betterments - $1,412,900 (currently planned and budgeted in the five-year  capital improvement program (CIP) budget). 2. Aesthetic treatments - $3,987,595 (not budgeted at this time). - In order to maintain the project schedule, NCDOT needs a funding letter of commitment from the City by February 15, 2023. This letter is the first step in the approval process. - A formal agreement will follow later this calendar year. - The formal agreement will be for the total cost of $5,400,495 and is financially  advantageous to the City as any additional costs, including cost escalations, incurred for the associated improvements will be borne by NCDOT. - If approved by City Council, staff will program the $3,987,595 in aesthetic treatments into a future CIP and will work with funding partners including Buncombe County, the Tourism Development Agency, and the Metropolitan Planning Organization to identify potential alternative funding sources. - According to State law, the reimbursement procedure begins on the date the construction phase begins and the City has a period of not less than three years to reimburse NCDOT the agreed upon costs (interest free). - Based on this information, the Finance and Legal Departments have confirmed that a budget amendment is not needed at this time.  Committee(s): - None  Pro(s): - Enhances the overall experience of the I-26 corridor for all users. - Enhances the pedestrian and bicycle experience along the multi-use transportation paths  and sidewalks along the side streets. - Financially advantageous to the City as any additional costs, including cost escalations,  incurred for the associated improvements will be borne by NCDOT.  Con(s): - Cost sharing fiscal impact to the City.  Fiscal Impact: - The anticipated total cost to the city is $5,400,495 and is itemized as follows:  1. City betterments - $1,412,900 (currently planned in the five-year capital improvement program (CIP) budget).  2. Aesthetic treatments - $3,987,595 (not budgeted at this time).”  Mr. Ted Figura, Chair of the I-26 Connector Project Aesthetics Committee, said this Committee was appointed by City Council in 2018 to work with the N.C. Dept. of Transportation (NCDOT) and their consultants and make recommendations back to City Council for aesthetic improvements to the project. This is the Committee’s second request for a funding commitment. Their first request, in June 2022, was for a section of improvements, and we thank you for that funding. Today’s request is for the City’s commitment to fund the improvements to the I-26 connector Sections B and D that are recommended by the I-26 Aesthetics Committee.  The NCDOT requires that the City pay the difference in cost for those features it considers above standard grade. The commitment to fund these improvements must be made this month by the city in order to be included in the request for proposals that will be issued by the NCDOT to design and build sections B and D of the I-26 connector—this is everything north of and including the Haywood Road interchange. Importantly, the City will have until October 2029 to pay for the improvements—this is more than six years away. There will be no interest charged by the NCDOT on this payment until 2026.  The largest commitment, more than $3.7 million, is for enhancements to the Bowen Bridge, which include improved lighting, pedestrian safety railing, multi-use path surfaces, and gateway monument pillars at each end of the bridge. This is the committee’s highest priority and has also been a priority for the City.  Next, the cost is almost $1.5 million for the Haywood Road Bridge and interchange. More than half of this cost funds tiered retaining walls approaching the bridge, which open up the feel of the bridge and allow box abutments with a place for artistic medallions to be placed on the bridge’s box abutments. The rest of our request funds improved lighting, pedestrian safety railing, bridge sidewalk treatment, and enhanced medians along Haywood Road. Enhancements to the bridge itself, costing a little over $600,000, are the committee’s second priority.  The Committee’s third priority is improvements to the proposed Hill Street Bridge and two pedestrian bridges crossing I-240 is the committee’s third priority, costing about $300,000. The remaining priorities, each costing under $100,000, include improvements to downtown Patton Avenue, lighting for greenways and the riverside drive multi-use path, and the green colored interstate lighting that you approved for section a of the project. Their recommendations also include enhancing the medians on Patton Avenue west of the Bowen Bridge to match those already installed west of Florida Avenue and they are less than $100,000. They are also asking City Council to commit to landscape improvements installed at no cost to the city but which the City will need to maintain it after the interstate is completed. The City would also have an annual lease cost for the recommended lighting improvements as these are incorporated into the City’s  existing lease arrangements with Duke Energy.  He emphasized that this is a once in a lifetime opportunity for the City to protect Asheville's unique character and to enhance the experience of its citizens, as well as the many visitors to our community. They hope; however, that Council will see the value of their recommendations and take this opportunity to provide the funds to make them a reality.  When the aesthetics committee surveyed the public for their input, they found that the highest areas of concern and the highest level of support for improvements to the I-26 connector revolved around walkability and bikeability. They have made that a focus of their recommendations. The items requiring City funding that improve pedestrian and bike safety and enhance the pedestrian and bicyclist experience include: distinctive surface treatments distinguishing pedestrian and bicycle lanes on the Bowen Bridge; aesthetically enhanced safety railings on the Bowen Bridge, Haywood Road and Hill Street bridges to improve the pedestrian experience; planters along the multi-use path on the Bowen Bridge to provide interest and shade along the long walk across that bridge (installed at no cost to the City but requiring city maintenance).  They also include street lights on the Haywood Road and Hill Street bridges and better placement of street lights on the Bowen Bridge. (City Council has already funded bridge lighting on the Brevard Road Bridge in section a of the project), and pedestrian LED lighting embedded into the safety railing on the Bowen Bridge and the two I-240 pedestrian bridges. Along with the City’s greenways committee, the aesthetics committee also recommends that the City funds lighting along the greenways that will be incorporated into the project (City Council also has agreed to fund these in section a of the project)  The aesthetics committee has also been keenly aware of the need to address past negative outcomes resulting from the construction of the original I-240. Their focus here has been on the Hillcrest/Hill Street community and on west Asheville, including the Burton Street community. While the aesthetics committee has worked with the NCDOT to make engineering design improvements that benefit these communities, several items recommended by the committee require a city funding commitment. the aesthetic improvements recommended for the Hill Street Bridge, the 1-240 pedestrian bridges and the Haywood Road Bridge that will directly contribute to a greater sense of community experienced by these neighborhoods and will help reunite neighborhoods divided by the interstate.  One of the city’s chief goals for the I-26 connector, as expressed in the Schwartz Consulting Group report commissioned by the City, is to reclaim the land between the Bowen Bridge and Clingman Avenue for redevelopment as an extension of downtown Asheville. The committee’s recommendations for Patton Avenue east of the river support this vision while being sensitive to not spending money on improvements that are likely to be redone as redevelopment occurs. Improvements recommended for Patton Avenue west of the river also support this vision, considering that this will become the new gateway entrance to the downtown from the west.  The Haywood Road Bridge lies at the gateway to and from urban Asheville for travelers along the interstate. Opening up the feel of the bridge and allowing for iconic medallions placed on bridge abutments comes at a cost. The committee is asking city council to agree to fund that cost so that this gateway experience can be maximized for both commuters and tourists.  They realize that the price tag for all of the improvements recommended by this committee is not insignificant. They have tried to be prudent in our recommendations and we feel that funding these improvements can be done in a fiscally responsible way. Because Sections B and D will be built using a design-build contract, the cost to the city  for improvements that will become part of the project contract will not change due to inflation once the city has committed to fund this fixed amount. They are not asking that money be spent in this year’s budget or even next year’s. The City will have time to develop a plan of finance that can spread out its payments to the NCDOT over a multi-year period. This plan of finance should include securing contributions from Buncombe County and the Tourism Development Authority (TDA) , both of which will benefit from the recommended improvements. The aesthetic improvements that they are asking the city to fund will not only improve the pedestrian and bicyclist experience and their safety, help remediate previous injustices inflicted on vulnerable neighborhoods, and further the city’s vision for extending the downtown westward. They believe that they are also valuable place-making initiatives that will enrich Asheville’s character. This will not only contribute to the quality of life enjoyed by Asheville’s citizens; it will add to the attractiveness of our community for tourists. This is particularly true for west Asheville and for the downtown area, including the Bowen Bridge. Therefore, they think that a significant contribution from the TDA to help fund these improvements is entirely appropriate.  They realize that there are many competing needs the city is facing. If it is not possible for Council to fund the entire recommendation of this committee, they ask that Council fund as much of it as possible. However, if Council only commits to fund City staff’s recommendation, the more open design approaching Haywood Road Bridge sidewalks and Bowen Bridge multi-use paths will not be made. Also, the City will need to undertake installation of the Bowen Bridge monument pillars and Riverside Drive greenway lighting after I-26 is completed, likely at a higher cost. They hope Council will see the wisdom in committing to funding the entire amount of nearly $5.9 Million requested by the aesthetics committee.  Councilwoman Roney wanted to make sure that the Burton Street, Hillcrest and Montford recommendations were not lost.  Transportation Director Ken Putnam said the key takeaways from this presentation are (1) The I-26 Connector is a transformational $1.35 billion NCDOT construction project that will improve and realign 4.7 miles of I-26; (2) Sections B & D of the I-26 Connector Project will be constructed using a design-build process; (3) The design-build process is advantageous to the City as costs for betterments and aesthetic treatments will not be adjusted after the commitment letter is signed and associated future agreement is executed; (4) The Council-established Aesthetics Committee is recommending that the City invest $5,889,024 in aesthetic improvements for the I-26 Connector Project; (5) Staff is recommending a subset of the Aesthetics Committee’s recommendations, totaling $3,987,595. Staff’s recommendation prioritizes projects with the greatest community impact including: (a) Bowen Bridge Enhancements; (b) Haywood Bridge and Interchange; and (c) Hill Street and I-240 Pedestrian Bridges; and (6) City Council is being asked to authorize signature of a $5,400,495 commitment letter that includes: (a) $1,412,900 in previously budgeted bicycle and pedestrian betterments; and (b) $3,987,595 in aesthetic improvements (funding to be identified). He gave a quick background of the I-26 Connector Project (1) Project I-2513 - NCDOT State Transportation Improvement Program (STIP) - $1.35 Billion; (2) Commonly referred to as the I-26 Connector Project; (3) Begins at I-40 and ends at US 19-23 (Future I-26) near Broadway Street; and (4) Total length = 4.7 miles. Regarding Sections B & D, (1) Section B begins south of the Haywood Road bridge and ends at US 19-23 (Future I-26) near Broadway Street; (2) Section D (Riverside Drive) begins south of Hill Street and ends at Broadway Street; (3) Both sections will be delivered using the Design-Build delivery method; (4) The Design-Build selection process will begin in early calendar year 2023 - estimated to take nine months to complete; and (5) Funding commitment letter needed by February 15, 2023 (Formal municipal agreement will occur at a later date). He provided the following definitions (1) Design-Build Process - Method of project delivery in which one entity (the design-build team) works under a single contract to provide design, right-of-way acquisition, utility relocation, and construction services for one lump sum price; (2) City Betterment - Public transportation improvement that exceeds NCDOT’s standard improvements  (For example; a 14-foot vs a 10-foot multi-use transportation path); and (3) Aesthetic Treatment - Any treatment including aesthetic materials, landscaping, and lighting that exceeds NCDOT’s standard treatments. The following are financial implications (1) Numerous competitive needs; (2) Limited funding sources; (3) Costs will not be adjusted once agreement is executed; (4) Bicycle and pedestrian betterments are programmed in the current Capital Improvement Program; (5) Reimbursement procedure begins on award date; (6) Reimbursement time period - 6 years (first 3 years interest free); and (7) Staff is recommending 8 of the priorities submitted by the Aesthetics Committee including the top 3.  Mr. Putnam then provided the following side-by-side comparisons of what the Aesthetics Committee is requesting vs. what City staff is recommending:  Rank Description Aesthetics Committee Recommendation  Staff Recommendation  1 Bowen Bridges $3,790,415 $2,896,361  2 Haywood Road Bridge & Interchange $617,020 $499,554  3 Hill Street & I-240 Pedestrian Bridges $306,533 $306,533  4 Patton Avenue East of Bowen Bridges $23,015 $23,015  5 Greenways - West Asheville & Smith Mill Creek $67,599 $67,599  6 Riverside Drive $71,929 $0  8 Interstate Corridor $88,428 $88,428  9 Patton Avenue West of Bowen Bridges $88,936 $88,936  10 Haywood Road Bridge & Interchange $817,980 $0  11 Haywood Road Bridge & Interchange $17,169 $17,169  Aesthetics Treatments Total Cost = $5,889,024 $3,987,595  City Betterments (Currently Programmed in CIP) $1,412,900 $1,412,900  Total Cost = $7,301,924 $5,400,495  Regarding staff’s recommendations (1) Total revised cost - $5,400,495; (2) Program as part of the Fiscal Year 2024 five year Capital Improvement Program ($1,412,900 already programmed); (3) Staff will coordinate with community partners including Buncombe County, Tourism Development Authority, and Metropolitan Planning Organization to identify outside funding; and (4) Items removed could be considered once the project is completed. Staff recommends Council adopt a resolution authorizing the City Manager to sign a funding letter of commitment to the NCDOT regarding the City betterments and aesthetics treatments for Project I-2513B and Project I-2513D.  Because Councilwoman Turner wanted to support the full aesthetics committee recommendations funding at $7,301,924, she asked if staff was confident that we will have other organizations to help fund this project, Mayor Manheimer responded that there is strong TDA interest in the aesthetics piece and it qualifies for funding.  Mr. Putnam responded to Councilwoman Roney when she asked if there had been conversations with the Hillcrest neighborhood regarding their recommendations.  Four individuals spoke in support of funding the recommendations of the aesthetics committee, two of which opposed traditional bike lanes alongside motorized vehicle lanes on Riverside Drive, but suggested a design configuration on Riverside Drive which is a protected cycle-track adjacent to the multi-use path.  In response to Councilwoman Tuner, Mr. Putnam said that he has already sent the NCDOT the Riverside Drive bike lane re-configuration request, and it will also be placed on the Aesthetics Committee’s next agenda.  Mr. Putnam responded to Councilwoman Ullman when she asked for staff’s rationale on reducing the stamped concrete surfaces.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.  After a brief discussion,","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2023-02-14","mt":"regular","id":"V-A-2","ref":"","it":"motion","t":"Motion to instruct City staff to prepare a letter to NCDOT regarding impacted neighborhoods of Burton Street, Montford and Hillcrest","desc":"Street, Montford and Hillcrest. This motion was seconded by Councilwoman Turner and carried on a 5-1 vote, with Councilwoman Ullman voting “no.” Councilwoman Ullman wanted to support Councilwoman Roney’s request, but without seeing what the impacted neighborhood recommendations were, she would not be able to support the motion","c":"Housing","mo":"individual","mv":"Roney","sec":"Turner","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":1,"mr":"contested vote","sq":16},{"d":"2023-02-14","mt":"regular","id":"VI-A","ref":"RES 23-33","it":"appointment","t":"Resolution appointing Joe Balcken (district business or property owner seat) to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville Area Riverfront Redevelopment Commission (AARRC).  The terms of Darren Green and Tim Schaller (both district business or district property owner seats) expired on January 1, 2023.  The following individuals applied for the vacancy: Daniel Ratner and Joe Balcken.  The Chair of the AARRC recommended, and the Boards & Commissions Committee concurred, to appoint Joe Balcken (district business or property owner seat); and re-advertise for the other district business or property owner seat.","c":"Economic Development","mo":"individual","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":1,"mr":"policy category","sq":17},{"d":"2023-02-14","mt":"regular","id":"VI-B","ref":"RES 23-34","it":"appointment","t":"Resolution appointing Michael McDonough as an at-large member of a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Design Review Committee.  Kimberly Hunter (at-large seat) has resigned from the Design Review Committee, thus leaving an unexpired term until December 31, 2023.  The following individuals applied for the vacancy: Michael McDonough, Adam Torrey, Lauren McKinney, Emily Richter, Maria DeIsasi, Thomas Frank, Christopher Mansfield and N. Astrid Hoffman.  The Chair of the Design Review Committee recommended, and the Boards & Commissions Committee concur, to appoint Michael McDonough.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"no material signals","sq":18},{"d":"2023-02-14","mt":"regular","id":"VI-C","ref":"RES 23-35","it":"appointment","t":"Resolution appointing members (incl. Michael Fulbright, 28801 representative) to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee.  Karl Knight (28801 representative) and Mike Wasmer (at-large representative) have resigned from the Neighborhood Advisory Committee , thus leaving two unexpired terms until July 1, 2024.  The following individuals applied for the vacancy: Tracy Fagan Brown, Michael Fulbright, Dane Barrager and Jaik Smith.  The Chair of the Neighborhood Advisory Committee recommended, and the Boards & Commissions Committee concurred, to appoint Michael Fulbright and Jaik Smith.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"no material signals","sq":19},{"d":"2023-02-14","mt":"regular","id":"VII-closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":20},{"d":"2023-02-14","mt":"regular","id":"VII-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BMaVha8pgP7Ibvk6eZ-vjQDHZbC8T2Oc/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":21},{"d":"2023-02-28","mt":"regular","id":"II-A","ref":"","it":"motion","t":"Approval of the minutes of the regular meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-02-28","mt":"regular","id":"II-B","ref":"RES 23-36","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to the contract with Rivertop Contracting Inc. for Wilma Dykeman Greenway landscape maintenance","desc":"Background: - The Parks & Recreation Department is responsible for maintenance of the Wilma Dykeman Greenway along the French Broad River. - Each year it has become increasingly difficult to recruit, hire and train qualified temporary seasonal workers. - A Request for Proposals was advertised for interested companies to provide landscape maintenance services for (1) year with an option to renew for an additional (2) years. - Rivertop Contracting, INC. was selected based on experience, qualifications, understanding of the scope of services, cost, and availability. - The Parks Department entered into the contract for the first year but now requires City Council approval for the contract amount for the additional two years. - The contractor will provide all labor, materials, and supplies for the operations and management for landscape maintenance services, ensuring the greenway will be maintained in a well kept, safe, and efficient manner.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which included direct vendor outreach, and posting on the State’s Interactive Purchasing System to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers. - There were four (4) proposals submitted including (2) woman owned business. - The contractor selected is not a minority or woman owned business.  Committee(s): - None  Pro(s): - Will help continue to meet level of service standards for city-owned parks and greenways.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Parks & Recreation Department operating budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-02-28","mt":"regular","id":"II-C","ref":"RES 23-37","it":"resolution","t":"Resolution authorizing the City Manager to enter into contracts with Steri-Clean NC for biohazardous waste cleanup and WNC Landscaping LLC for roadside litter & hotspot collection","desc":"Background: - In 2022, the Public Works Sanitation Division was awarded $500,000 in American Rescue Plan Act (ARPA) funding to implement a litter and cleanliness program. - The Public Works Sanitation Division proposed to fill a current service gap by providing services for roadside litter and hot spot litter collection, including cleanup of sites containing biohazardous materials. - Two RFPs were issued for 1) Biohazardous Material Cleanup and 2) Roadside Litter & Hotspot Collection. - The Biohazardous Waste Cleanup contract was advertised on December 2, 2022 and bids were opened on January 20, 2023. - The following bids were received: - Steri-Clean North Carolina of Columbia, SC $165.00/hr - Haul Away Junk Removal & Demolition of Greensboro, NC $255.00/hr - Bio-One Asheville of Asheville, NC $300.00/hr - The Roadside Litter & Hotspot Collection contract was advertised on December 1, 2022 and bids were opened on January 19, 2023. - The following bids were received: - WNC Landscaping, LLC of Asheville, NC $126,000.00 - Rivertop Contracting of Asheville, NC $129,000.00 - MSLean LLC of Asheville, NC $132,000.00 - Smith and Lloyd Landscaping and Design, LLC of Asheville, NC $239,000.00 - Thorpe Landscaping of Asheville, NC $767,000.00 - The total project cost is $500,000. - Public Works estimates that $200,000 will be spent on Biohazardous Waste Cleanup, and $300,000 on Roadside Litter & Hotspot Collection. - The amounts of each individual contract are estimated due to the fact that ongoing service needs will vary as time progresses. - The resolution will authorize the City Manager to execute change orders to move funds into and out of each contract if needed, while maintaining the total not-to-exceed project amount of $500,000. - This will allow flexibility to meet the greatest need.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - In addition, the contract was posted on the North Carolina Department of Administration Historically Underutilized Business (HUB) website. - Staff also used the City of Asheville List of Certified Business spreadsheet, NCDOT Directory of Firms and the North Carolina HUB website to search for MWBE companies to whom to directly advertise the contract. - One MWBE firm (Black American) submitted a bid for the roadside litter contract. - No MWBE firms submitted a bid for the biohazard contract. - The lowest, responsive, responsible bidders are not MWBE firms and do not propose to subcontract any of the work.  Committee(s): - N/A  Pro(s): - Supports Council’s goal for a Clean and Healthy Environment - Supports Council’s FY23 priority to Improve and Expand Core Services - Supports Citywide cleanliness efforts  Con(s): - Currently there is no funding to continue these expanded core services beyond the grant funding allotment. - Additional project and contract management duties will be added to existing staff workload without additional staffing capacity.  Fiscal Impact: - $500,000 in ARPA funding which is already included in the adopted budget for FY23.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-02-28","mt":"regular","id":"II-D","ref":"RES 23-38","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Opticos Design Inc. for a Missing Middle Housing Study and Displacement Risk Assessment","desc":"Background: - As part of the Fiscal Year 2023 (FY23) budget, $85,000 was allocated to complete a missing middle housing study that proposes to identify regulatory and policy barriers to building missing middle housing (e.g., townhomes, accessory dwelling units, multiplexes, etc) and to provide a strategy to prioritize options to remove those barriers. - An additional $30,000 has been identified to support expanding the scope of work to incorporate a Displacement Risk Assessment that will analyze displacement vulnerability, market pressure, and opportunities to put together anti-displacement strategies focused on minimizing or mitigating harm of proposed housing policies. - The project will include an advisory working group of the Planning & Zoning Commission that will be made up of 14 individuals to provide broad-based review and feedback to staff during the project. - Staff and the consultant team in partnership with the working group will develop an outreach strategy to ensure engagement with the diverse Asheville community. - Tentative timeline: March project kickoff with estimated completion by the end of 2023.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation and posting on the North Carolina Office for Historically Underutilized Businesses (HUB) - Six firms responded to the Request for Qualifications (RFQ) including one minority business enterprise (MBE) - The selected firm, Opticos Design, Inc, is a certified B Corporation, focusing on equitable operations internally as well as externally. The sub-consultant is Cascadia Partners, a certified Emerging Small Business (ESB). Neither firm is minority owned.  Comprehensive Plan Consistency: - Goal #1: Encourage Responsible Growth - Goal #13: Increase and Diversify the Housing Supply  Council Goal: - Equitable & Affordable Housing & Stability  Committee(s): - On January 13, 2023 staff provided a presentation to the Urban Forestry Commission (UFC). - On February 2, 2023, staff provided an update to the Affordable Housing Advisory Committee (AHAC). - On February 20, 2023, staff provided an update to the Planning & Economic Development Committee (PED).  Pros: - Project will provide guidance to help the City prioritize efforts for regulatory changes aimed at improving housing supply, choice, and diversity in a manner that is consistent with equity goals.  Cons: - None  Fiscal Impact: - Funding for this contract ($115,000 in total) is available in the Planning & Urban Design ($85,000) and Community and Economic Development Department ($30,000) operating budgets. - CED is funding the displacement analysis using a budget initially planned for an Affordable Housing Plan, and will seek grant funding to supplement the remaining budget for that plan.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-02-28","mt":"regular","id":"II-E","ref":"RES 23-39","it":"resolution","t":"Resolution changing the name of the Sustainability Advisory Committee on Energy & the Environment to Sustainability Advisory Committee; all nine seats at-large","desc":"Background: - City Council established SACEE in 2006 as a nine-member committee to advise Council on issues of environmental and energy sustainability. Resolution 06-171 specified that five members were to be at-large appointments while the other four had to represent “specific economic and community sectors”: - one with expertise in energy management; - one involved with the operation of a business in Asheville; - one employed in the construction industry in Asheville; and - one employed in real estate development in Asheville. - At this time, no SACEE member is employed in real estate development. - SACEE recommends that Council amend these requirements to provide that all SACEE members be appointed at-large. - SACEE also recommends that Council consider simplifying SACEE’s name to Sustainability Advisory Committee (SAC).  Committee(s): - Sustainability Advisory Committee on Energy and the Environment, January 18, 2023 voted 7-0 - Boards and Commission Council Committee, February 14, 2023 voted 3-0, to recommend to the full City Council changing the committee’s appointments from specific designations to at-large and to change the committee’s name to the Sustainability Advisory Committee (SAC)  Pro(s): - Eliminating the current restrictions on SACEE member appointments will give Council the needed flexibility to select members who are best qualified to advise Council on the range of sustainability issues faced by the City now and in the future. - Although the descriptor “on Energy and the Environment '' in SACEE’s name has not limited the scope of SACEE’s activities to date, dropping the descriptor would simplify the name and remove any perceived restrictions on the scope of issues within SACEE’s purview.  Con(s): - None  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-02-28","mt":"regular","id":"II-F","ref":"ORD 4999","it":"ordinance","t":"Budget amendment to Harrah's Cherokee Center - Asheville Operating Fund to reflect updated FY 2022-23 revenue and expenditure projections","desc":"Background: - The HCCA event load in FY23 has been significantly higher than initially forecasted during last year’s budget process which took place as COVID hesitancy for events remained high. - As a result, HCCA concessions, ticketing and other show related revenues are expected to exceed the adopted budget. - Additional budget is needed for concessions purchases, show settlements, and other expenses that increase along with additional bookings.  Committee(s): - None  Pro(s): - Provides sufficient budget authorization for anticipated expenditures in the HCCA Fund without increasing the General Fund transfer.  Con(s): - None  Fiscal Impact: - This budget amendment is funded with HCCA operating revenues that are expected to exceed adopted budget estimates. - There is no impact to the General Fund budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-02-28","mt":"regular","id":"II-G","ref":"RES 23-40","it":"resolution","t":"Resolution authorizing the City Manager to enter into a lease agreement with the Asheville Board of Alcoholic Corporation for real property at 179 South Charlotte Street","desc":"Background: - The property at 179 S. Charlotte Street has been in operation as an ABC Store since 1984. - The ABC Board considers this site strategic because it functions as a retail outlet and also as a mixed beverage (commercial sales) outlet for downtown businesses. - The current lease is on a month-to-month basis and the ABC Board wishes to execute a new lease at this time. - The Board of Alcoholic Control has offered to enter into a new lease that has the following terms and conditions: - Term of five years with five, one-year renewals at the sole discretion of the City Manager - Annual rental fee of $64,714 with a 3% escalation fee per year - Lessee to pay all utilities and maintenance associated with premises - Right of either party to terminate at any time with 180 days notice - The City acknowledges that the ABC Board will need adequate time to make alternate arrangements should they have to vacate this convenient, downtown location. - The lease specifies a notice to vacate of 180 days. - A Broker's Price Opinion was secured to estimate fair market rent for this location. - Since this property came to the City’s ownership via Urban Renewal, all proceeds of this lease are required to benefit the Community Development Block Grant as Program Income and redistributed into the community through the annual CDBG Grant process. - Long-term considerations for this site include the potential of combining it with adjacent City-owned properties for future redevelopment.  Committee(s): - None  Pro(s): - Strategic real property management, through the renewal of lease agreements, presents the City with revenue enhancements, which in this case benefits the Community Development Block Grant program. - The Asheville ABC Board has consistently agreed to pay fair market lease rates.  Cons: - None  Fiscal Impact: - The City will be compensated $64,714 annually for the use of this property, generating revenue for the CDBG program that is invested into the community through the CDBG grant process.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-02-28","mt":"regular","id":"II-H","ref":"RES 23-41","it":"resolution","t":"Resolution authorizing the City Manager to execute a services agreement with Tyler Technologies for continued support of the Tyler/Munis Enterprise Financial System","desc":"Background: - In July 2018, the City adopted a maintenance agreement with Tyler Technologies to provide maintenance for the City's enterprise financial systems that included a 5% annual escalation. - The Tyler/Munis Enterprise Financial System covers all of the City’s core financial needs, including the general ledger, payroll management, accounts payable/receivable, contract management, procurement and purchasing, annual financial reporting, and utility billing. - Additional modules have been added since that time, including Vendor Self-Service and the Bid Management module. - Funding for the agreement is to be appropriated annually in the City budget process. - The term of this amendment runs from April 2023 to April 2028. - Previous Resolutions: 18-179; 19-62; 22-41  Vendor Outreach Efforts: - This is to authorize the renewal of a 5-year agreement. - No additional vendor outreach was conducted.  Committee(s): - N/A  Pro(s): - The City has been using Tyler/Munis Enterprise System since January of 2010 and staff is familiar with its strengths, limitations, and support process. - Allows for critical support issues for the City’s financial system to be resolved in a timely manner. - Allows for updates to the Tyler/Munis Enterprise System, which enables new features and improvement of underlying technologies; upgrading licensing is included with support and ongoing fixes.  Con(s): - None  Fiscal Impact: - Funding for this contract ($235,258.50) is available in the General Fund, Water Resources Fund and Stormwater Fund operating budgets. - This total contract amount will increase by 5% each year, for a five-year estimated cost of $1,299,951.72. The total for the entire life of the contract (FY19 to FY28) is estimated to be $2,307,103.60.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-02-28","mt":"regular","id":"II-I","ref":"RES 23-42","it":"resolution","t":"Resolution authorizing the City Manager to execute a license agreement amendment with MHG Asheville MX, LP to temporarily close the Biltmore Avenue parking garage","desc":"LP to temporarily close the Biltmore Avenue Parking Garage in order to pour a new slab at the top of the parking structure that will replace the existing slab that is being demolished and removed.  Background: - The Moxy Hotel, a 115 unit, 7-story building, is currently being constructed on the south side of the Biltmore Avenue Parking Garage by MHG Asheville MX, LP. - To accommodate hotel construction, demolition and removal of an existing slab at the top of the Biltmore Parking Garage was required. - A license agreement was executed at the staff level in January 2023 for the demolition and removal of the existing slab for a 45 day period beginning on January 16, 2023 and ending on March 3, 2023. - The “demolition phase” was completed on February 8, 2023 and impacted parking levels were reopened (22 days ahead of schedule). - The “pouring phase” to pour back the demolished slab is scheduled to begin on March 25, 2023 and end on April 8, 2023 for a total time period of 15 days. - The entire parking garage must be closed during the “pouring phase” which impacts a total of 412 parking spaces (150 spaces for the Aloft Hotel, 110 spaces for the City’s monthly parking accounts, and 152 spaces for public hourly parking). - As part of the license agreement, MHG Asheville MX, LP will pay the City a fee for lost revenue. The methodology for the license agreement fee is described below: - Rate Per Parking Space: - The Biltmore Parking Garage has a daily rate per parking space of $7.73 based on the hourly revenues that are being generated (the daily rate per parking space is equivalent to a $235 monthly rate per parking space). - The daily rate per parking space of $7.73 will be applied to 262 parking spaces (412 spaces minus 150 spaces) and the anticipated fee for 15 days is $30,378.90 ($7.73 x 262 spaces x 15 days). - Aloft Hotel Monthly Parking Fee: - The Aloft Hotel will continue to pay its current monthly fee of $11,055 for 115 parking spaces and $5,390 for 35 parking spaces as stipulated by the existing Parking Facilities Agreement entered into between the City and the Aloft Hotel on February 17, 2011 as amended. - Office Space: - Since the Parking Services Division will not have access to their office space and storage space, the anticipated fee for that loss of access is $608.70 ($40.58 daily rate x 15 days). - Transportation Department staff calculated a daily rate of $40.58 based on a $1.10 monthly per square foot rate and a total of 1,122 square feet of office and storage space (the $1.10 monthly per square foot rate is the agreed upon rate as stipulated by the existing Parking Facilities Agreement entered into between the City and the Aloft Hotel on February 17, 2011 as amended).  15 Day Fee Summary Table Aloft Hotel Parking Spaces 150 spaces $8,109.90 Public Parking Spaces 262 spaces $30,378.90 Loss of Office & Storage Space (1,122 square feet) 1,122 square feet $608.70 Total Fee = $39,097.50 - If the term of the license agreement is extended beyond the 15-day time period, the City reserves the right to increase the rates by 10%. - Access cards for the City’s monthly parking accounts in the Biltmore Avenue Parking Garage will be reprogrammed to allow access in the Harrah’s Cherokee Center, Rankin Avenue, and Wall Street parking garages during the 15-day closure time period. - The City’s surface parking lot located at 50 Asheland Avenue (adjacent to the Transit Center) will also be available to the City’s monthly parking accounts in the Biltmore Avenue Parking Garage. - Additionally, Biltmore Avenue Parking Garage monthly parking accounts will receive a 50% credit to their accounts on March 1, 2023, pending City Council approval. - Once the subject action is approved by City Council, the City’s monthly parking accounts will be notified of these accommodations through the Biltmore Avenue Parking Garage email listserv and the new opt-in texting feature. - A press release will be issued on March 1, 2023 regarding the temporary full closure of the Biltmore Avenue Parking Garage including information about other parking options and the Parking Services Division staff will follow up with the adjacent businesses via flyers to be sure they are aware of the closure. - Security must be provided by MHG Asheville MX, LP in the Biltmore Avenue Parking Garage during the nighttime hours and anytime when construction activities have stopped for the day.  Committee(s): - None  Pro(s): - Enables the contractor to complete the “pouring phase” in a safe and timely manner. - Minimizes long term structural damage to the Biltmore Avenue Parking Garage.  Con(s): - Temporary loss of 262 public parking spaces. - Temporary loss of 1,122 square feet of Parking Services’ office and storage space.  Fiscal Impact: - Based on revenues generated by public spaces in the current fiscal year, this agreement would generate an additional $2,357.77 in the Parking Services Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-02-28","mt":"regular","id":"IV-A","ref":"ORD 5000","it":"public_hearing","t":"Ordinance to rezone 234 Hendersonville Road from Office District and Highway Business District to Highway Business District","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 234 Hendersonville Road from Office District and Highway Business District to Highway Business District. This public hearing was advertised on February 17 and 24, 2023. … The rezoning petition consists of a single property totalling 1.19 acres located at 234 Hendersonville Rd (PIN 9647-77-5785). Owner: Milan Biltmore Two Inc. The property is currently zoned Office (OFF I) and Highway Business (HB) and is in the Hotel Overlay District allowing large and small hotels. The land use of the property is currently a hotel operated by Clarion Inn. The subject property is designated “Urban Corridor” on the city’s Future Land Use (FLU) Map. - February 1, 2023 - approved, 4:0. Staff recommends approval of this rezoning request.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. Bob Oast, attorney representing the applicant, spoke in support of the rezoning.  Mayor Manheimer opened the public hearing at 4:18 p.m., and when no one spoke, she closed the public hearing at 4:18 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2023-02-28","mt":"regular","id":"IV-B","ref":"ORD 5001","it":"public_hearing","t":"Ordinance to rezone 43 Redfern Street from Institutional District/Conditional Zone to RM-8 Residential Multi-Family Medium Density District","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 43 Redfern Street from Institutional District/Conditional Zone to RM-8 Residential Multi-Family Medium Density District. This public hearing was advertised on February 17 and 24, 2023.  The rezoning petition consists of a single property totalling 0.29 acres located at 43 Redfern St (PIN 9628-95-4517). Owner: West Asheville Baptist Church Inc. The property is currently zoned Institutional - Conditional Zoning (INST - CZ) per a Conditional Use Permit adopted April 2004 (Ord. Nos. 3104 & 3105). The land use of the property is currently a single-family detached house that is used for activities associated with the West Asheville Baptist Church. The subject property is designated “Traditional Neighborhood” on the city’s Future Land Use (FLU) Map.  Planning & Zoning Commission (PZC) - February 1, 2023 - approved, 4:0. Staff recommends approval of this rezoning request.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map.  Mayor Manheimer opened the public hearing at 4:21 p.m., and when no one spoke, she closed the public hearing at 4:21 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2023-02-28","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Motion to continue public hearing on adoption of the South Slope: A Southside Neighborhood Vision Plan until March 28, 2023","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1icyCm4lHkUVpbVAQW7EhT_HU6N7a3HA8/view?usp=share_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-03-14","mt":"regular","id":"II-A","ref":"","it":"motion","t":"Approval of the combined minutes of the agenda briefing worksession (Feb 23), formal meeting (Feb 28), legislative breakfast (Feb 24), and others","desc":"This item was removed from the Consent Agenda for discussion and/or an individual vote.","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-03-14","mt":"regular","id":"II-B","ref":"RES 23-43","it":"resolution","t":"Resolution authorizing the City Manager to enter into a park facility management and license agreement with Carolina Day School for the shared use and maintenance of the Sgro Athletic Complex","desc":"Background: - Parks and Recreation athletic facilities are limited and in high demand by other user groups. - Carolina Day School has an underutilized athletic complex. - Carolina Day School is the owner and primary operator of the athletic complex with secondary access offered to Asheville Parks and Recreation (APR). - The agreement gives APR access to 17.96 acres with two athletic fields, an outdoor shelter, a storage shed, a 8,900 square foot building with bathroom facilities, women’s and men’s locker rooms, a large community room, and parking. - The initial term will be eight (8) years with the option of two (2) extensions of five (5) years each. - Carolina Day School will be responsible for maintenance related to items such as turf, buildings, bathroom janitorial services, pest control, building systems, alarm and fire protection services, property infrastructure, fencing, and parking areas. - The Parks and Recreation Department will be responsible for respecting the facility during program use, and assume expenses related to lighting and electricity. - Opportunity to provide additional athletic recreation programming and expand accessibility to adjacent historically underserved neighborhoods in South Asheville. - Reduces competition with other athletic groups for use of a limited supply of athletic recreation facilities. - Carolina Day School will be the primary owner and operator of the athletic complex with secondary access to the Parks and Recreation Department. Vendor Outreach Efforts: - None  Committee(s): - None Pro(s): - Establishes a new school partnership. - Increases recreational athletic programs to more participants. - Enhances recreation athletic program opportunities in South Asheville. - The agreement will not impact existing user group access to City athletic facilities. Con(s): - None Fiscal Impact: - Per the agreement, the City will pay electricity and other costs estimated at $9,500 annually. Funding for this agreement is available in the Parks and Recreation operating budget.","c":"Parks & Recreation","mo":"individual","mv":"Ullman","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":1,"mr":"contested vote","sq":5},{"d":"2023-03-14","mt":"regular","id":"II-C","ref":"RES 23-44","it":"resolution","t":"Resolution to ratify the contract with Evidence IQ to allow renewal for an additional three years for the subscription, service agreement and virtual correlation purchase","desc":"Background: - The Asheville Police Department (APD) entered into a contractual agreement with Evidence IQ on February 1, 2022 for the purchase of a Ballistics IQ Triage Solution which included a camera box, associated licensing, training, and unlimited Virtual Correlation Center (VCC) cartridge cases. - The first year of the contract included unlimited VCC case packs. - A subscription, service agreement and additional VCC case packs are needed annually to continue use of the Ballistics IQ Solution. - Evidence IQ offers discounted annual rates when contracting for longer term periods. - In the first year of use, Ballistic IQ was used to examine 630 cases including cases from years prior to 2022. As a result they were able to produce 137 investigative leads. - APD’s Forensic Unit has determined the appropriate annual package to move forward with to meet their needs. - APD is requesting approval to renew and amend the current contract valued at $70,800 for three additional years at $79,500 per year, for a total contract value of $309,300, thus requiring Council approval to proceed. - APD is asking for ratification of the renewal to February 1st, 2023.  Committee(s): - Environment and Safety Committee - February 28, 2023 Pro(s): - Produces investigative leads Con(s): - Continued annual cost of contracting  Fiscal Impact: - Funding for this contract is available in the Asheville Police Department operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-03-14","mt":"regular","id":"II-D","ref":"RES 23-45","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with US ISS Agency LLC for a police applicant background check and polygraph testing provider","desc":"Background: - The Asheville Police Department (APD) is requesting approval from Council to contract with US ISS Agency, LLC to provide police applicant background checks and polygraph testing services. - US ISS Agency, LLC was identified for award based on a Request for Proposal process. - All Police Officer candidates and Civilian employees that work for APD must pass a background investigation and polygraph test before they are hired. - APD is currently understaffed and does not have sworn administrative staff available to complete these hiring functions given the volume of new personnel needing to be vetted for hire. - APD has also found having a dedicated vendor performing these processes has shortened turnaround time from APD working these internally with current limited staff. - APD will execute a contract to include two optional renewals, planning to encumber $120,000 each year.  Committee(s): - Environment and Safety Committee - February 28, 2023  Pro(s): - Ensures the ability to better protect the safety of the residents of Asheville and Buncombe County by allowing as many sworn staff as possible to be available for patrol duties. Con(s): - Continued annual cost of contracting Fiscal Impact: - Funding for this contract is available in the Asheville Police Department operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-03-14","mt":"regular","id":"II-E","ref":"RES 23-46","it":"resolution","t":"Resolution supporting a grant awarded to the French Broad River MPO from NCDOT to prepare a feasibility study for the Swannanoa River","desc":"Background: - The French Broad River Metropolitan Planning Organization (FBRMPO) was recently awarded a $72,100 grant to prepare a feasibility study for a future section of the Swannanoa Greenway from the North Carolina Department of Transportation (NCDOT) through its “Paved Trails and Sidewalks Feasibility Study” Grant Program. - Although the grant was previously awarded, the NCDOT has asked the FBRMPO to obtain a resolution of support from the Local Government Agency in which the study will be located prior to proceeding with the study. - This action will fulfill that request. - The study will be managed and administered by the FBRMPO and does not require any City funding. - Throughout study development, staff in the City’s Transportation, Parks and Recreation, and Public Works departments may be asked to attend a limited number of meetings. - The Swannanoa River Greenway corridor is 7.5 miles long and spans from the Amboy Road / Meadow Road intersection to the Azalea Road / Tunnel Road intersection. - It is the top priority greenway project in the GAP Plan. - Two feasibility studies were completed in 2020 to study the corridor from Biltmore Avenue to the Azalea / Tunnel intersection. - The City is currently preparing for the construction of a section of the corridor from the Glendale / Thompson intersection to the Bleachery Road / Swannanoa River Road intersection. - Construction of this project is anticipated to begin in fall 2023 and is funded with General Obligation Bond funds and Tourism Product Development Funds. - The study that FBRMPO has planned will focus on the section along Meadow Road between Short McDowell and Swannanoa River Road, and includes the intersection of Biltmore Avenue. - Since this area has many constraints, the feasibility study will examine route alternatives, develop cost estimates, and make recommendations for use by both the City and NCDOT in developing designs for the Swannanoa River Greenway, as well as for future improvements to Swannanoa River Road, Meadow Road, and their intersection with Biltmore Avenue.  Committee(s): N/A Pro(s): - The feasibility study will be managed by the FBRMPO. - No funds from the City are required. - Findings from the study will be beneficial to the City in planning for the design and future implementation of the Swannanoa Greenway. Con(s): - A limited amount of staff time will likely be required to attend occasional meetings and review materials related to the FBRMPO’s study. Fiscal Impact: - This action requires no City resources and will have no immediate fiscal impact. - Any future sections of the greenway corridor will be planned and funded through the City’s Capital Improvement Plan process.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-03-14","mt":"regular","id":"II-F","ref":"RES 23-47","it":"resolution","t":"Resolution authorizing the City Attorney to execute documents to enter into opioid settlement agreements with Walmart, Walgreens, CVS, Allergan, and Teva; and the supplemental agreement","desc":"Background: - In June, 2021, the City Council, along with other municipalities and counties across the state approved a Memorandum of Agreement which permitted the City to share in the proceeds of the original national settlement with five companies over their role in fueling the opioid epidemic. - The North Carolina Attorney General, in collaboration with other states, has now negotiated a second settlement with the following entities: CVS, Walgreens, Walmart, Allergan, and Teva. - The second settlement will result in approximately $21 billion in new settlement funds to be distributed to state and local governments. - In order to share in the receipt of the funds, North Carolina local governments must join in the settlements. - The total of funds to be distributed to state and local governments in North Carolina depends on the percentage of those entities which agree to join in the settlements, with a maximum total for the entire state being more than $600 million. - The Citys of Asheville’s maximum share is $1,215,879.92. - These second wave of settlement funds are expected to begin flowing to local governments in the second half of 2023.  Committee(s): - None Pro(s): - Allows the City to take part in, and share in the proceeds of, the second national opioid settlement to provide funding to combat the epidemic locally. Con(s): - None. Fiscal Impact: - If authorized, the City could receive over time up to $1.2M in settlement proceeds to address the local impact of the opioid epidemic starting in Fiscal Year 2024.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-03-14","mt":"regular","id":"IV-A","ref":"RES 23-48","it":"public_hearing","t":"Resolution acknowledging the public hearing and setting the final date to consider approval of the HOME ARP Allocation Plan as a substantial amendment to the 2021-2022 Annual Action Plan","desc":"Community & Economic Development Director Nikki Reid said that this is a public hearing concerning the HOME-ARP Allocation Plan for submission of and amendment to the Fiscal Year (FY) 2021-2022 Annual Action Plan (AAP) to the U.S. Department of Housing and Urban Development (HUD) and set the final City Council vote for acceptance on March 28, 2023. This public hearing was advertised on March 3, 2023. Background: - The Asheville Regional Housing Consortium (ARHC) consists of contiguous units of local governments that come together to qualify for a direct allocation of HOME Investment Partnership Program (HOME) funds from the US Department of Housing & Urban Development (HUD). - The Consortium consists of Buncombe County, Henderson County, Transylvania County, and Madison County and several member municipalities from those counties, including the City of Asheville. The City of Asheville serves as the participating jurisdiction (PJ) and administers the HOME program (also known as the lead entity). - Annual HOME funds provide formula grants to states and localities to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing or providing direct rental assistance to low-income individuals and families. - The City of Asheville received notification from HUD of a special allocation of HOME funds, known as the HOME Investment Partnerships American Rescue Plan Program (HOME-ARP), in the amount of $4,699,862. - This special allocation of HUD HOME-ARP funds is targeted specifically to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations. - These grant funds are to be administered by the City of Asheville as the PJ through the HUD HOME program, with up to 15% of the allocation available for the planning and administration of the grant. - HUD requirements provide a specific framework for the expenditure of these funds. - The first major requirement is for the PJ to submit a HOME-ARP Allocation Plan by March 31, specifying how much funding will be dedicated to each eligible use. - HUD requires that allocation plans be data driven and include public engagement and consultation with agencies and service providers that address the needs of the qualifying populations. - The City engaged a consultant, Baker Tilly, to develop the allocation plan in compliance with HUD requirements. - The draft HOME-ARP Allocation Plan represents the final results of the public survey, stakeholder and focus-group feedback sessions, and the needs assessment and gap analysis within the four county region. - Based on that information, the plan indicates the amount of HOME-ARP funding to be allocated for each eligible activity type across the four counties of the ARHC that best addresses the needs of qualifying populations. Recommendations from HOME-ARP Allocation Plan: - HUD identified certain activities as eligible HOME-ARP uses in order to reduce homelessness and increase housing stability, specifically: the construction or preservation of affordable housing, tenant-based rental assistance (TBRA), supportive services (e.g. homeless prevention services, and housing counseling), and /or acquisition and development of non-congregate shelter. - Consultations with service providers during the development of the HOME-ARP Allocation Plan revealed that while TBRA and other HOME-ARP eligible activities would be beneficial for the community, they would have limited impact due to the scarcity of available affordable housing units. - Non-congregate shelter was a stated need, yet it was noted that the limited amount of funding may not cover the high costs of acquiring and renovating a non-congregate shelter. - Further, operational costs are not eligible expenses for this funding, which represent significant ongoing costs without an identified funding source. - The data collected from the Citizen Participation Survey indicates that the public is in support of constructing new affordable rental housing units. - Additionally, there is a need for permanent supportive housing and the community shows strong support of increasing mental health services. - The needs assessment and gap analysis, including Census and Point-in-Time data from the four county region, concluded that close to 23,650 households are at great risk of housing instability within the Asheville Metropolitan Area. - Rapidly rising rental prices and limited availability of affordable housing stock is impacting persons with incomes at 30% and below median income as well as those with incomes at 50% of the median but who also meet one of the definitions of at-risk of homelessness. - Overall, the analysis concluded that the most significant unmet housing need for homeless persons and those at risk of homelessness is access to affordable housing units and supportive services including case management, mental health, and substance abuse services to connect these individuals to housing. - Therefore, HOME-ARP Allocation Plan focuses on new affordable rental housing units and funds additional supportive services to allow for a greater utilization of existing unused housing vouchers and TBRA funding. - The plan also outlines that the City will issue a special notice of funding availability (NOFA) via the Request for Proposals (RFP) process to solicit proposals from qualified organizations capable of administering supportive services and from affordable housing developers to produce housing units which will be available for rent to the qualifying populations. - The proposal evaluation process will include the requirement that all proposals must have a Letter of Support from the Continuum of Care (CoC) for the county or counties where the project will be located or where services will be provided. Funding Amount Percent of Grant Statutory Limit Supportive Services $1,000,000.00 21% -  Acquisition and Development of Non-Congregate Shelters $0.00 0% - Tenant-Based Rental Assistance (TBRA) $0.00 0% - Development of Affordable Rental Housing $3,100,000.00 66% - Non-Profit Operating $0.00 0% 5% Non-Profit Capacity Building $0.00 0% 5% Administrative and Planning $599,862.00 13% 15% Total $ 4,699,862.00 100% - In terms of immediate next steps, the public comment period for the draft HOME-ARP Allocation Plan is March 06, 2023 - March 20, 2023. - A public hearing at Asheville City Council will be held March 14, 2023, with final voting and acceptance of the HOME-ARP Allocation Plan on March 28, 2023. - Once adopted, the plan will be added to the FY 21-22 Annual Action Plan as a substantial amendment by the March 31, 2023 deadline and will be subject to final HUD approval. - Once HUD approval has been granted, the City will issue a special notice of funding availability (NOFA) via a Request for Proposals (RFP). - This RFP will request applications from agencies and developers within the four county region. - The funding availability will be based on the amounts indicated in the table above for the selected eligible activities, with letters of support required from CoCs for the county or counties where the project will be located or where services will be provided. - Qualifying applications will be reviewed by the HOME Consortium for recommendations and ultimately brought forward to Asheville City Council for final approval.  Committee(s): - The Asheville Regional Housing Consortium reviewed this item at their meeting on March 6, 2023 and recommended approval. Pro(s): - One-time funding source available to assist people experiencing homelessness, to reduce homelessness and to increase housing stability across the Consortium Counties. Con(s): - None Fiscal Impact: - This special allocation is fully funded from HUD and authorized by the American Rescue Plan Act. - Staff costs to administer the program are also fully paid from federal sources. - Timeline of Funding - Per HUD instructions, a local allocation plan must be submitted as an amendment to the FY21-22 Annual Action Plan by March 31, 2023. - All funds must be spent before September 30, 2030. - Specific allocation of $4,699,882 of HOME-ARP funds will be made in accordance with the proposed HOME-ARP Allocation Plan as outlined above. Director of Community & Economic Development Nikki Reid introduced Eli Mathis, Manager at Baker Tilly, and Baron Bell, Partner with CDE. Mr. Mathis provided an overview of the HOME-ARP. Key takeaways include (1) The Asheville Regional Housing Consortium allocation is $4,699,862 in one-time HOME-ARP funding; (2) This special allocation of HUD HOME-ARP funds is targeted specifically to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations; (3) Allocation plans must be data driven and include public engagement and consultation with agencies and service providers that address the needs of the qualifying populations. Plans are due to HUD on March 31, 2023; and (4) Overall, the analysis concluded that the most significant unmet housing need for homeless persons and those at risk of homelessness is access to affordable housing units and supportive services including case management, mental health, and substance abuse services to connect these individuals to housing. He then reviewed the eligible populations, along with the eligible activities. Mr. Bell then outlined the HOME-ARP definitions. He reviewed the eligible activities of supportive services. Mr. Mathis then reviewed the key components of the HOME-ARP Allocation Plan include consultation (stakeholder meetings and surveys); public participation (public surveys and public comment period); needs assessment and gap analysis; HOME-ARP activities; HOME-ARP production housing goals; preferences; and HOME-ARP refinancing guidelines. He reviewed the stakeholder focus group meetings, and the stakeholder survey results. Mr. Bell and Mr. Mathis then reviewed the public participation feedback, the homeless needs inventory, and the HOME-ARP allocation recommendations. Mr. Bell and Mr. Mathis responded to various questions/comments from Council. Mayor Manheimer opened the public hearing at 6:13 p.m. Sheryl Sirmans spoke to Council about her need for housing assistance. Mayor Manheimer closed the public hearing at 6:17 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"","r":"unanimous","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":6},{"d":"2023-03-14","mt":"regular","id":"V-A","ref":"RES 23-49","it":"resolution","t":"Resolution authorizing the City Manager to sign a funding letter of commitment to Major League Baseball regarding bringing McCormick Field into compliance with new Player Development League facility standards","desc":"Department of Community & Regional Entertainment Facilities Director Chris Corl said that this is the consideration of a resolution authorizing the City Manager to sign a funding letter of commitment addressed to Major League Baseball regarding the City’s intent to bring McCormick Field into compliance with new Player Development League facility standards. Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as McCormick Field, for 89 of the past 100 years with exception being 1984 - 2005 while the property was owned by Buncombe County government. - The majority of these years, the stadium has housed a Major League Baseball (MLB) affiliated minor league team. - The economic Impact of the Asheville Tourists baseball team is very positive for local business at $9.8 Million annually to Buncombe County. - Having the team downtown contributes to the continued revitalization of the South Slope district, making additional walkable options for pre and post game food and beverage customers for downtown businesses. - In 2020, MLB issued new ‘Facility Standards’ requirements for their Professional Development League (PDL) team facilities, formerly known as the Minor League. - These requirements must be met by April 1, 2023. - McCormick Field does not meet these standards. - In 2020, MLB issued license agreements with team owners of the 120 remaining PDL teams, Asheville’s license is owned by DeWine Seeds - Silver Dollar Baseball LLC. - If standards are not met, MLB reserves the right to revoke the affiliation license, effectively relocating the team to another market. - The team and City staff have negotiated with MLB, allowing for the City to simply commit to funding upgrades to meet MLB facility standards by April 1, 2023. - This will allow the affiliation license to remain with Asheville over the next two years while a renovation project is completed to upgrade the facility. - In January 2010, the current owner of the team, DeWine Seeds - Silver Dollar Baseball LLC, was assigned the existing lease by the previous team owner. - That lease has been extended four times by amendments and is now set to expire on December 31, 2023. - DeWine Seeds - Silver Dollar Baseball LLC, has agreed to new lease terms associated with the commitment to bring McCormick Field into compliance with Major League Baseball standards. - A new lease will void the current lease with a term commencing on the date of execution of the lease. - Staff has communicated with the surrounding neighborhoods and feels that plans and operations can be set in place to alleviate concerns in regards to parking, noise and cleanliness surrounding baseball and non-baseball events at McCormick Field. - The team has agreed to manage parking operations for all events held at McCormick Field, baseball and non-baseball, additionally the team is in conversations with City staff on the topic of managing parking operations at Memorial Stadium on behalf of the City. - The team has agreed to revoke their request for additional fireworks nights and will continue to comply with the current Noise Ordinance which allows for 12 shows per year, plus celebrations of Federal Holidays, and amends the request to shoot fireworks on back to back nights to apply only on July 4th weekend, when July 4th falls on a Saturday. This would apply in 2026, 2037 & 2043. - A separate resolution will be requested, approving the final lease terms and length in the summer of 2023.  Committee(s): - None Pro(s): - DeWine Seeds-Silver Dollar Baseball, LLC is committed to keeping minor league baseball in Asheville for the next 22 or more. - A new lease will commit the team to lease payments of $450,000 per year or greater for twenty years. - A new lease will commit the team to invest a minimum of $75,000 per year for twenty years in capital improvements to the facility. - The presence of the Tourists team has a positive economic impact on the local economy - A renovated facility will be a multi-purpose facility hosting more events than Tourists baseball games. Con(s): - Under the currently proposed plan, which includes funding from partner organizations, a renovation to the facility and associated debt service payments will potentially cost the City up to $1,000,000 per year for 20 years. - Additional events at the facility will have additional impact on the surrounding neighborhoods. - This project was not previously planned in the City’s Capital Improvement Program. Fiscal Impact: - The current funding plan for this project would potentially require the City to commit up to $1,000,000 per year for 20 years to the capital program. Mr. Corl outlined the key takeaways from this presentation being (1) McCormick Field is an important regional asset, currently owned by the City that over the years has not been adequately invested in; (2) Facility has been leased out and principally used by a Minor League Baseball team, the Tourists; (3) This facility should and can be used for many other purposes to derive broader community benefit; (4) A funding plan will require assistance from the Team, County, TDA and possibly the State; and (5) To retain Major League Baseball (MLB) affiliation in Asheville, significant renovation is required in order to meet the impending deadline to submit a commitment letter to MLB - April 1, 2023 - Vote for approval of a commitment requested today. He then gave a brief history of the asset - Opened in 1924; Last Renovated in 1992; 4,000 seats; 8.25 acres; and Replaced stadium on Choctaw Street. He said (1) in 2020 - MLB issues new facility standards and rubric scoring system will apply beginning in 2023; (2) 2022 -  COA & Team - Negotiate lease structure based on facility renovation to meet facility standards; and (3) 2/14/2023 - Council Worksession - deep dive - Reviewed options; and Recommended Direction. He reviewed the chart below for the project. Home Clubhouse, batting tunnels, weight room, commissary, female facilities $7,938,211 Clubhouse Conversion, Wall Padding, Playing Field, Bullpens, potable water $6,223,765 Scoreboard, Video Displays, Structure (Video display & scoreboard) $6,369,235 Video Surveillance systems $143,129 New Suites and expand press box to Player Development League standards $1,949,511 LED Sport Lighting, anti skid surfaces, batter's eye $1,169,840 Third baseline, fencing, picnic space rebuild & expansion, First baseline wall, access, picnic & netting $4,277,625 Concourse Expansion - bullpen access, entra plaza and gates $3,865,091 Deferred Maint upkeep - Civil/structural/general/Mechanical Plumbing Electrical $5,564,187 Estimated Total project cost $37,500,594 At the February 14 Work Session, there was a (1) request for community engagement; (2) request further information related to non-baseball event revenue potential; and (3) request to further explore financial model - Seek additional inputs to project; and Limit impact on current Capital Improvement Program (CIP). He then briefed Council on the community engagement piece. The East End and Oakhurst community concerns wer (1) Parking/Traffic (including Memorial Stadium events) (a) Request for more/better traffic management; (b) Expand traffic management to North side of stadium; (c) Clear desire for the team to operate traffic plan; and (d) Enforcement support by the City of Asheville; (2) Noise (a) Request to not allow additional nights of fireworks; (b) Request to ensure fireworks are shot earlier than previously shot; (c) Other loud events (concerts) to abide by the Noise Ordinance; and (d) Request to keep the number of additional ‘loud’ events under 12-15; and (3) Communication/Notification (a) Create one location for programming calendar; (b) Enhance notification process for all programming.; and (c) Continue text notification process for fireworks, expand beyond text for residents who struggle with tech. Deal point adjustments were (1) Parking/Traffic (a) Club to manage all McCormick events, in talks for Memorial; and (b) Additional support from city for enforcement; (2) Noise/Fireworks (a) Revoke request for additional fireworks nights; (b) Amend request for back to back nights to apply only when July 4th falls on a Saturday (2026, 2037 & 2043); and (c) Pitch clock and earlier start times has improved firework timing, average 2022 shoot was 9:26 p.m.; and (3) Communication/Notification - Text/Email notification process from team.  He then reviewed the current and future facility usage using an historical attendee origin chart. He said over 75% of Tourist attendees live outside of the City of Asheville and nearly half live outside of Buncombe County. “Visitor” spending both inside and outside McCormick Field generates economic impacts for the City and County economies. Mr. Corl then reviewed the funding plan. He outlined the estimated funding structure below: Team $468,750/year, 20 years (average) County $250,000/year, 20 years TDA $1.95M Reallocated grant (Coxe Ave) $1.4M/year, 15 years City $875,000*/year, 20 years covers the ‘gap’ worst case scenario He theme reviewed the potential City contribution chart seen below: Scenario City Annual Payment No change from partners + facility fee $ 875,000 No change from partners + facility fee + $2M Fund Balance + $ 715,000 No change from partners + $2M Fund Balance + $1M State grant $ 715,000 No change from partners + $2M Fund Balance + $2M State grant $ 636,000 No change from partners + $2M Fund Balance + $3M State grant $ 560,000 No change from partners + $2M Fund Balance + $4M State grant $ 485,000 No change from partners + $2M Fund Balance + $5M State grant $ 410,000 No change from partners + $2M Fund Balance + $5.4M State grant $ 380,000 No indication as of today of State funding commitment towards Minor league Baseball Infrastructure Grant Program Regarding the impact of CIP Projects, (1) If utilizing Fund Balance - no effect on currently planned projects; (2) Increase CIP contribution incrementally over next 2-3 years (up to total debt burden for project, estimated at a maximum of $875k annually); and (3) All currently planned/budgeted projects move forward as scheduled.  In response to Councilwoman Smith, Mr. Corl said the owner of the stadium would apply for the state grant. In response to Councilwoman Roney, City Attorney Branham explained that there is always a certain amount of risk with any contract. However, City staff will work to mitigate that risk in this contract to the greatest possible degree. To do so, the city will include in the contract a guarantee provision which will serve as a sort of insurance policy in the case of default by the tenant. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Economic Development","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":1,"mr":"involves money or contract","sq":7},{"d":"2023-03-14","mt":"regular","id":"VI-A","ref":"RES 23-50","it":"appointment","t":"Resolution appointing Joseph Hackett to the Asheville Area Riverfront Redevelopment Commission","desc":"Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Asheville Area Riverfront Redevelopment Commission (AARRC).  The term of Tim Schaller (district business or district property owner seat) expired on January 1, 2023. The following individuals applied for the vacancy: Daniel Ratner, Joseph Hackett and Anne Phillip. The Chair and Vice-Chair of the AARRC recommended, and the Boards & Commissions Committee concurred, to appoint Joseph Hackett (district business or property owner seat).","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2023-03-14","mt":"regular","id":"VI-B","ref":"RES 23-51","it":"appointment","t":"Resolution appointing Debbie Evenchik as a member of the Audit Committee","desc":"Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Audit Committee. Susan Darnell (CPA seat) has resigned from the Audit Committee, thus leaving an unexpired term until May 1, 2023. In addition, Amy Kemp (CPA seat) resigned, thus leaving an unexpired term until May 1, 2024. The following individual applied for the vacancy: Debbie Evenchik The Chair of the Audit Committee recommended, and the Boards & Commissions Committee concur, to appoint Debbie Evenchik; and to re-advertise for the other CPA seat.","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"no material signals","sq":9},{"d":"2023-03-14","mt":"regular","id":"VI-C","ref":"RES 23-52","it":"appointment","t":"Resolution appointing members (Nur Edwards, Eva-Michelle Spicer) to the Downtown Commission","desc":"Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. Kimberly Hunter has resigned from the Downtown Commission, thus leaving an unexpired term until December 31, 2023. In addition, Guillermo Rodriguez passed away, thus leaving an unexpired term until December 31, 2024. The following individuals applied for the vacancy: Ben Gladstone, Tom Hunter, Billy Cooney, David Moritz, Nur Edwards, Eva-Michelle Spicer, Douglas Buchalter, Chad Roberson and Clarissa Hyatt-Zack.  The Chair of the Downtown Commission recommended appointing Nur Edwards and Eva-Michelle Spicer. Since the Boards & Commissions Committee could not reach a consensus on appointment, (their recommended appointments being Nur Edwards, Eva-Michelle Spicer or Billy Cooney), it was the consensus to bring it forward to the full Council. Councilwoman Turner, member of the Downtown Commission, explained the Downtown Commission’s recommendation of needing a representative from the storefront businesses. She was pleased that there were so many amazing applicants for these seats. Council then each voted for two members: Nur Edwards received 6 votes; Eva-Michelle Spicer received 4 votes; David Moritz received 1 vote and Billy Cooney received 1 vote. Therefore, (1) Nur Edwards was appointed as a member of the Downtown Commission, to serve the unexpired term of Kimberly Hunter, term to expire December 31,, 2023, or until Nur Edward’s successor has been appointed; and (2) Eva-Michelle Spicer was appointed as a member of the Downtown Commission, to serve the unexpired term of Guillermo Rodriguez, term to expire December 31, 2024, or until Eva-Michelle Spicer’s successor has been appointed.","c":"Economic Development","mo":"individual","mv":"","sec":"","r":"passed","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":1,"mr":"contested vote","sq":10},{"d":"2023-03-14","mt":"regular","id":"VI-D","ref":"RES 23-53","it":"appointment","t":"Resolution appointing Elyse Marder as a member of the Multimodal Transportation Commission","desc":"Councilwoman Roney, member of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Multimodal Transportation Commission. Maggie Ullman (representing the bike/ped interest) has resigned from the Multimodal Transportation Commission, thus leaving an unexpired term until July 1, 2024. The following individuals applied for the vacancy: Lance Ball, Abigail Griffin, Tom Hunter, Elyse Marder, Shelley McKechnie, Marian Ladner, Joseph Barker, Scott Lewandowski; Jerad Crave, Brendan Connor, Jaik Smith, Prabhu Kannan and Jonathan Robinson. The Multimodal Transportation Commission recommends the appointment of (in ranked order) Elyse Marder, Shelley McKechnie, Abigail Griffin, Lance Ball, or Tom Hunter. The Boards & Commissions Committee recommended the appointment of Elyse Marder.","c":"Transportation","mo":"individual","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":1,"mr":"policy category","sq":11},{"d":"2023-03-14","mt":"regular","id":"VII-closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":12},{"d":"2023-03-14","mt":"regular","id":"VII-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1QSKjLkEb_wnVSTK32RTltiX9sHl6Q9V_/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":13},{"d":"2023-03-28","mt":"regular","id":"II-A","ref":"","it":"motion","t":"Approval of the combined minutes of the agenda briefing worksession and prior meetings","desc":"Background: - Walton Street Park is an important neighborhood park in the heart of the Southside  Community. - Reinvestment in the park is needed due to both the age of existing amenities and the  desired change in use of the park. - After extensive community outreach around prioritizing the recreation improvements that  the Southside neighborhood would like to see in the park. - A walking trail was the highest priority with 66% of respondents requesting this amenity  followed by 63% requesting a resurfaced basketball court. - Additional priorities were identified and will be implemented after receiving further input  from the community. - The Parks and Recreation department reserved $500,000 in the FY 2022-23 budget to  improve recreation amenities in the park. - The first phase of the improvements will be the highest priorities including the walking  trail and the basketball court resurfacing. - Remaining funds will go towards other priority improvements. - A request for bids was advertised for interested companies for paving services. - French Broad Paving, Inc. was the only respondent.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through direct  outreach, through the solicitation processes which include posting on the State’s  Interactive Purchasing System (IPS) to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers, and through the use of both the City of Asheville  approved vendor database and the State’s IPS site. - There was one (1) bid submitted and despite our outreach, no Minority & Women-Owned  Business Enterprise (MWBE) submitted a bid. - The base bid for an asphalt walking path and court surfacing total is $198,420.00. - Parks and Recreation plans to execute the alternate for an additional 6’ concrete walk to  easily access to the court from the walking trail for $24,700.00. - The total price for the construction contract includes the base bid and alternate,  $223,120.00.  Committee(s): - Historic Resources Commission - At their meeting on March 8, 2023 the Historic Resources Commission (HRC)  reviewed and approved the request for a Certificate of Appropriateness (CA) to  replace the baseball diamond with a new walking path and multi-use field,  relocate/rebuild basketball court, and replace playground equipment. The CA  was issued with the following conditions: - 1. Playground equipment will be submitted for staff review and approval. - 2. Final lighting plan will be submitted to staff for review and approval.  Pro(s): - Installing a walking trail and resurfacing the basketball court will provide the top two  recreation amenities that were requested by the community through the most recent  outreach efforts. - The addition of the walking trail around a multi-use field will invite the community to use  the currently under-used space where a fenced softball field is currently located. The  current field is not used for any programming / organized softball games.    \fCon(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-03-28","mt":"regular","id":"II-B","ref":"RES 23-53","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with French Broad Paving Inc. for paving a walking trail and basketball court","desc":"Background: - Walton Street Park is an important neighborhood park in the heart of the Southside  Community. - Reinvestment in the park is needed due to both the age of existing amenities and the  desired change in use of the park. - After extensive community outreach around prioritizing the recreation improvements that  the Southside neighborhood would like to see in the park. - A walking trail was the highest priority with 66% of respondents requesting this amenity  followed by 63% requesting a resurfaced basketball court. - Additional priorities were identified and will be implemented after receiving further input  from the community. - The Parks and Recreation department reserved $500,000 in the FY 2022-23 budget to  improve recreation amenities in the park. - The first phase of the improvements will be the highest priorities including the walking  trail and the basketball court resurfacing. - Remaining funds will go towards other priority improvements. - A request for bids was advertised for interested companies for paving services. - French Broad Paving, Inc. was the only respondent.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through direct  outreach, through the solicitation processes which include posting on the State’s  Interactive Purchasing System (IPS) to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers, and through the use of both the City of Asheville  approved vendor database and the State’s IPS site. - There was one (1) bid submitted and despite our outreach, no Minority & Women-Owned  Business Enterprise (MWBE) submitted a bid. - The base bid for an asphalt walking path and court surfacing total is $198,420.00. - Parks and Recreation plans to execute the alternate for an additional 6’ concrete walk to  easily access to the court from the walking trail for $24,700.00. - The total price for the construction contract includes the base bid and alternate,  $223,120.00.  Committee(s): - Historic Resources Commission - At their meeting on March 8, 2023 the Historic Resources Commission (HRC)  reviewed and approved the request for a Certificate of Appropriateness (CA) to  replace the baseball diamond with a new walking path and multi-use field,  relocate/rebuild basketball court, and replace playground equipment. The CA  was issued with the following conditions: - 1. Playground equipment will be submitted for staff review and approval. - 2. Final lighting plan will be submitted to staff for review and approval.  Pro(s): - Installing a walking trail and resurfacing the basketball court will provide the top two  recreation amenities that were requested by the community through the most recent  outreach efforts. - The addition of the walking trail around a multi-use field will invite the community to use  the currently under-used space where a fenced softball field is currently located. The  current field is not used for any programming / organized softball games.    \fCon(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-03-28","mt":"regular","id":"II-C","ref":"RES 23-55","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to the contract with Mountain Goatscapes for invasive plant maintenance","desc":"Background: - The Parks & Recreation Department is responsible for the maintenance of over 600  acres of open space. - Invasive plants such as kudzu & poison ivy have continued to encroach on park land  and compromise woodlands. - This contract renewal will continue to provide invasive plant maintenance services at  McCormick Field, Tempie Avery Center, Stephens Lee Center, and Seven Springs Park  . - A Request for Proposals was advertised for interested companies to provide invasive  plant maintenance services for (1) year with an option to renew for an additional (2)  years. - Mountain Goatscapes was selected based on experience, qualifications, understanding  of the scope of services, cost, and availability. - The Parks Department entered into the contract for the first two years but now requires  City Council approval for the contract amount for the third and final year. - The contractor will provide all labor, materials, and supplies for the operations and  management for invasive plant maintenance services, ensuring the parks will be  maintained in a well kept, safe, efficient manner.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which included direct vendor outreach, and posting on the State’s Interactive  Purchasing System to reach out to Minority & Women-Owned Business Enterprise  (MWBE) service providers. - There was one (1) proposal submitted including (1) woman owned business. - The contractor selected is a woman owned business.  Pro(s): - Will help continue to meet level of service standards for city-owned parks and greenways.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Parks & Recreation Department operating  budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-03-28","mt":"regular","id":"II-D","ref":"RES 23-56","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Design Workshop Inc. for development of the City of Asheville Parks and Recreation plan","desc":"Background: - The last comprehensive plan for the Asheville Parks and Recreation was developed  and adopted by the City Council in 2009. - An updated comprehensive master plan will allow the City to assess current and future  community recreation needs, promote new ideas and partnerships to aid in innovation,  prioritize recreation programs and capital improvements, provide strategies to fill gaps,  and build public support. - It is important that the City understands current resident recreation needs & existing  parks facilities conditions, to appropriately plan for and meet the level of service  desired by Asheville residents - The Parks & Recreation Department advertised a Request for Proposals (RFP) for  interested companies to provide consulting services for a Comprehensive Parks &  Recreation Master Plan. - Design Workshop, Inc. was selected based on experience, qualifications, understanding  of the scope of services, cost, and availability. - The planning project will take approximately 12 months and will consist of the following  key milestones: 1.) Data Collection 2.) Assessment 3.) Community Needs 4.) Plan  Recommendations 5.) Strategic Action Plan - Staff and the consultant team in partnership with the departments of CAPE, Equity &  Inclusion, and the City Manager's Office will develop an outreach strategy to ensure  accessible engagement opportunities with the diverse Asheville community.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which included direct vendor outreach and posting on the State’s Interactive    \f Purchasing System to reach out to Minority & Women-Owned Business Enterprise  (MWBE) service providers. - Four firms responded to the Request for Proposals (RFP), none identified as a Minority or  Women-Owned Business Enterprise (MWBE) service provider.  Committee(s): - None  Pro(s): - Building credibility, support, and consensus from current community members and  stakeholders. - Informing the community about park needs and community assets to maintain desired  level of service. - Identifying capital and operating improvement goals that are needed to assess fiscal  requirements and fundraising needs. - Equitably guiding critical decisions about Parks and Recreation facilities, infrastructure,  programs, and services. - Developing recommendations and an implementation strategy that will transform the  community’s vision into tangible plans to create outstanding recreation opportunities,  well-maintained facilities, desired programming, and a customer-focused and responsive  park & recreation system.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Parks & Recreation Department operating  budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-03-28","mt":"regular","id":"II-E","ref":"RES 23-57 / RES 23-58 / RES 23-59","it":"resolution","t":"Resolutions authorizing the possession and consumption of alcoholic beverages at the Asheville Downtown After Five events","desc":"Background: - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified  wine on the public streets and on property owned, occupied or controlled by the City and  to regulate or prohibit the possession of malt beverages and unfortified wine on public  streets, alleys or parking lots which are temporarily closed to regular traffic for special  events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that  statutory authority; and that ordinance, codified as Section 11-11 in the Code of  Ordinances of the City of Asheville, provides that the City Council may adopt a resolution  making other provisions for the possession of malt beverages and/or unfortified wine at a  special event or community festival. - The following organizations have requested that City Council permit them to serve beer  and/or unfortified wine at their events and allow for consumption at the events: - Asheville Downtown Association for Downtown After 5, to occur within the 100  Block of Lexington Avenue from 5:00 p.m. - 9:30 p.m. on Fridays, April 21, May  19, June 16, July 21, August 18, and September 15, 2023 - Pisgah Conservancy for The Block Party presented by Looking Glass Realty, to  occur on S. Liberty Street on Saturday, April 29, 2023, from 2:00 p.m. - 7:00 p.m. - Black Wall Street AVL for GrindFest to occur in the vicinity of 8 River Arts Place,  with alcohol contained to a beer garden located at 81 Riverside Drive on Friday,  Saturday and Sunday, May 26, 27 and 28, 2023 from 9:00 a.m. - 6:00 p.m. daily. - Alcohol boundaries are defined for each request as per the accompanying event site  maps.  Committee(s): - None  Pro(s): - Allows fundraising opportunities for the sponsoring nonprofit organizations  Con(s): - None  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-03-28","mt":"regular","id":"II-F","ref":"RES 23-60","it":"resolution","t":"Resolution authorizing the Mayor to execute a contract with Cherry Bekaert LLP for auditing city accounts for fiscal year ending June 30, 2023","desc":"Background: - North Carolina General Statute §159-34 requires that local governments have its  accounts  audited each fiscal year and submit a copy of the audit report and financial statements to  the  Local Government Commission (LGC). - In addition, per the City’s Financial Policies, the City’s auditor must be replaced at the  end of each five-year engagement to enhance auditor independence unless lack of  competition among audit firms fully qualified to perform public-sector audit make  mandatory rotation counterproductive. - The City reached the end of its prior engagement with PBMares, LLP after completion of  the fiscal year 2022 audit; and as noted below, staff released a Request for Proposals  (RFP) for a new external audit firm engagement in January. - After review of the RFP submittals, staff recommends entering into a new contract for  services with Cherry Bekaert, LLP to conduct an audit of the City's accounts for the fiscal  year ending June 30, 2023. - The estimated cost for fiscal year 2022-2023 audit includes a base fee of $128,000,  which covers 915 hours of audit work; and an additional $21,000 for preparation of Basic  Financial Statements, Combining Statements and document production if needed, for a  maximum total fee of $149,000. - Execution of this contract complies with the City’s Financial Policies which states that the  City “shall enter into multi-year agreements of not more than five years in duration  through a series of single-year contracts as consistent with applicable legal  requirements.” - This will be the first year of contracting with the new auditor firm so staff will be  recommending to contract with them for another 4 years assuming services are provided  as outlined within the engagement letter.  Vendor Outreach Efforts: - Competitive Bid Request for Proposals (RFP) was released for External Audit Services  on Thursday, January 12, 2023. - Proposal Submittal Deadline was Friday, February 3, 2023 - 5 total proposals were received by the deadline - 4 proposals were reviewed, due to one being non-compliant - Review committee consisted of 4 City staff members from different departments  and 1 member from the City’s Audit Committee. - Proposals were scored and ranked per scoring. Highest ranking was awarded  the contract. Council Goal: - Financially Resilient City  Committee:: - Proposed contract presented to the Policy, Finance, and Human Resources Committee  on March 14, 2023 and to the City’s Audit Committee on March 16, 2023.  Pro: - Contracting with Cherry Bekaert, LLP aligns with City Council’s financial policy and will  help ensure the timely and successful completion of the annual audit.  Con(s): - None  Fiscal Impact: - The maximum total fee amount of $149,000 for the annual audit is budgeted in the  Internal Audit operating budget. - Future estimated maximum audit fee for remaining 4 years’ submitted in proposal: - 2023-2024: $157,000 - 2024-2025: $165,200 - 2025-2026: $174,300 - 2026-2027: $182,400","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-03-28","mt":"regular","id":"II-G","ref":"RES 23-61","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with NEOGOV to implement a comprehensive human resources system","desc":"Background: - One of the organizational work plans for Fiscal Year (FY) 2022-23 is to implement a new  HR system; benefits include: - Increase candidate experience by addressing recruitment inefficiencies and the  introduction of new hire portals for consistent onboarding across the system. - Increase leadership visibility regarding the status of new hires and team  members through Manager Self Service. - Increase employee engagement through Employee Self Service. - Increase HR efficiency through the reduction of manual data entry and  inconsistent processes. - Increase HR data to support organizational decision making. - Modules include: Core HR (HRIS), self-service (for leaders, employees, and candidates)  data management, HR analytics, applicant tracking system (ATS), onboarding, learning  management system (LMS), performance management, and employee voice (surveys). - The current system has limited capabilities and capacity to support these functions. - The City issued a Request for Proposals for these services.  Vendor Outreach Efforts: - Currently, the City uses Munis as the HR information system and NEOGOV for  recruitment and onboarding. - Outreach efforts were performed by posting the RFP on the State’s Interactive  Purchasing System.   \f Pro(s): - Provide the CMO and leaders with people metrics (for example, turnover, vacancy) - Provide the organization with a modern, cloud-based system for HR applications - Provide a frictionless experience for applicants, new hires, employees, leaders, and HR - Increase consistency through decreasing process variation and workarounds - Increase efficiency through reduction in administrative tasks and manual entry - Increase workforce equity through data - Increase people/team performance and engagement - The City currently has a contract with NEOGOV for the Insight and Onboard modules - APD and AFD currently have a contract with NEOGOV for PowerDMS for policy  management  Con(s): - Core HRIS and additional modules included in the NEOGOV product come at a higher  cost than the City's current HR information system (Munis).  Fiscal Impact: - The total five-year contract amount is not to exceed $1,300,000. - Funding to initiate this contract is available in the Human Resources operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-03-28","mt":"regular","id":"II-H","ref":"RES 23-62","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Responder Support Services LLC to provide ongoing embedded behavioral health services","desc":"Background: - Responder Support Services currently provides embedded (on-site) behavioral health  support to Fire and Police Departments four days per week for each department which is  an increase from two days per week under the original scope of the contract. - Utilization of the services provided by Responder Support Services has increased  beyond initial projections, necessitating an increase in the contract amount. - Behavioral support providers hold office hours on site in the City of Asheville Municipal  Building for employees during regular business hours allowing access while on duty. - Unique behavioral health services provided to police and fire employees only include: - One-on-one sessions available onsite with trained behavioral health providers. - Coordination of the City of Asheville Peer Response Network. - Provide appropriate services following critical incidents, acute stressors, or  debilitating cumulative stress. - Implement a workforce resiliency plan for work-related stressors and  symptoms/issues. - The need by Fire and Police for behavioral health support has steadily increased since  implementation of the contract. - Ongoing uninterrupted behavioral health support to Public Safety employees is critical in  maintaining the health and well-being of these employees and ensuring ongoing service  delivery to the community. - Human Resources is requesting an increase in the contract amount by $74,000 for a total  contract of $470,000 in response to increased utilization of embedded behavioral health  support to Fire and Police Department employees.  Vendor Outreach Efforts: - Current vendor for embedded behavioral health support is Responder Support Services,  LLC. This vendor provides specialized support for Fire and Police employees. - Staff was unable to identify other local vendors that provide dedicated service to Fire and  Police Departments.  Pro(s): - Support for public safety employees dealing with trauma on a daily basis - Known provider who specializes in supporting public safety employees  Con(s): - If additional funding is not available, Fire and Police employees will not have access to  ongoing behavioral health support.  Fiscal Impact: - Additional $74,000 added to the contract for a total investment of $470,000 over the  three-year contract. - Funding for this contract is available in the Health Internal Service Fund budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-03-28","mt":"regular","id":"II-I","ref":"RES 23-63","it":"resolution","t":"Resolution authorizing the City Manager to purchase a DNA analyzer system bundle, service contracts and supplies for the Asheville Police Department","desc":"Background: - The Asheville Police Department (APD) worked with the City of Asheville Purchasing   \f Department to create and post a formal bid for a Rapid DNA Analyzer Machine in  December 2022. - Life Technologies Corporation was selected for the award. - The DNA Analyzer system consists of a Rapid DNA Platform and creates Forensic DNA  profiles in 90 minutes to assist law enforcement personnel to identify and or clear  suspects faster. - Property Crimes processing currently takes 6-8 months through the State Lab. - The cost of the DNA Analyzer system over the initial three year period is $213,009.88. - The Asheville Police Department (APD) will use forfeiture and already approved 2022  JAG grant funding to purchase the system. - Although budget amendments have already been approved, given the dollar value and  the nature of this purchase, a Council resolution is required to authorize the purchase  even though it is already included in the budget.  Committee(s): - Presented Forfeiture with this as a planned purchase to the Public Safety Committee  (now Environment & Safety Committee) and City Council on 8/23/22 and was approved. - Presented JAG Grant with this as a planned purchase to the Public Safety Committee  (now Environment & Safety Committee) on 11/17/22 and Council on 12/13/22; both  approved.  Pro(s): - Produce investigative leads - Lessen reliance on State Crime Lab  Con(s): - Continued annual costs  Fiscal Impact: - Funding for this contract has been identified in the Asheville Police Department forfeiture  funds and 2022 JAG grant funds.   Councilwoman Roney was concerned with the use of Civil Asset Forfeiture (CAF) funding. She said the ACLU cautions around use of CAF, plus she has not yet seen accounting for the neighborhoods the CAF were acquired from. Though, she expects that they are extracted from neighborhoods most vulnerable to violence who need investment targeted at the root cause of violence. Not an issue of should the work be done, but how we do it is important. To be consistent with concerns when this came to the former Public Safety Committee, she would be voting no.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":1,"mr":"contested vote","sq":14},{"d":"2023-03-28","mt":"regular","id":"II-J","ref":"RES 23-64","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with J. Bartholomew","desc":"Background: - The Capital Projects Department is a subrecipient of the City’s annual Community  Development Block Grant (CDBG) award from the U.S. Department of Housing and  Urban Development. - The grant funds will be used on capital improvements for the historic Stephens-Lee  Recreation Center. These improvements include: - Renovation of the locker rooms to bring the showers back into working order,  install a new waterproofing system to prevent leaking through the shower floors,  and bring the showers up to code for ADA accessibility. - Masonry repairs at the roof to prevent water penetration into the building. - A new suspended gypsum ceiling system in the multi-purpose room to mitigate  sound transmission from the basketball court above. - The grant award was approved for the 2022-23 CDBG Program Annual Action Plan. - Staff is making concerted efforts to expend as much of that funding as possible by the  end of the funding period, as per the terms of the subrecipient agreement. - Bid 298-CP23-D2301-BID was advertised on January 6, 2023. - Bids were due January 26, 2023, but were not opened, as the three bid minimum  requirement was not met (N.C.G.S. 143-132). - Bid 298-CP23-D2301-REBID was advertised on January 27, 2023. - Bids were opened on February 16, 2023. - The following bid was received: - J. Bartholomew Construction, LLC: Base Bid $1,080,000 - Through negotiations, material substitutions and a reduction in the extent of the locker  room, roof and ceiling renovation, the proposed cost was reduced to $612,730. - Final execution of a contract may be contingent upon obtaining a more detailed cost  analysis if required by HUD to meet procurement requirements.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  Minority & Women-Owned Business Enterprise (MWBE) service providers for  subrequiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - Staff also performed outreach to Section 3 low- and very low-income businesses,  including posting on HUD’s Section 3 Opportunity Portal, and requiring prime contractors  to do the same for subcontracted services. - No MBE firms submitted bids with this prime contractor.  Committee(s): - Historic Resources Commission - a Certificate of Compliance was issued 8/2/2022    \fPro(s): - The project is able to leverage federal grants for much needed improvements to a  historically significant recreation center. - The terms of the grant funding require efforts to include neighborhood businesses and  workers in the project to maximize the localized benefits of the federal dollars. - The improvements will improve the function and enjoyment of the recreation facilities,  and will extend the useful life of the building.  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Community  Development Block Grant (CDBG) Fund. - The project is entirely funded by a federal grant, with no additional City resources  required.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-03-28","mt":"regular","id":"II-K","ref":"RES 23-65","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Legerton Architecture, P.A. for additional architectural services","desc":"Background: - The Capital Projects Department received a subrecipient award from the City’s  Community Development Block Grant (CDBG) program to design and implement  improvements to the Stephens-Lee Recreation Center. - A Request for Qualifications for professional architectural services was issued on  September 19, 2022 for the design of the project. - Legerton Architecture, P.A. was the only firm to submit a qualification package. An  evaluation committee of Capital Projects and Parks and Recreation staff reviewed the  qualification package, and deemed Legerton Architecture qualified to perform the design  of the Stephens-Lee Recreation Center Capital Improvements project. - The City entered into a contract with Legerton Architecture, P.A. on November 14, 2022  in the amount of $88,500. - Amendment No. 1 for added lighting and fire life safety design was executed by the City  Manager on February 1, 2023 in the amount of $1,400. - Total contract value through Amendment No. 1 is $89,900. - This Amendment No. 2 in the amount of $4,500 is for additional design services to  update the original plans and specifications to reflect the final project scope as negotiated  with the contractor. - The total revised contract value including this amendment is $94,400.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System. - No MWBE firms submitted bids with this professional services consultant.  Committee(s): - None  Pro(s): - This project, including the design contract, are funded by a Community Development  Block grant award. - Though initially over budget, through the architect’s efforts in negotiations with the  contractor, the project is able to proceed.  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Community  Development Block Grant (CDBG) Fund. - The project is entirely funded by a federal grant, with no additional City resources  required.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-03-28","mt":"regular","id":"II-L","ref":"ORD 5002","it":"ordinance","t":"Ordinance changing the speed limits along U.S. 25 (Biltmore Avenue) from Hilliard Avenue to Aston Street from 35 to 20 mph","desc":"to Herron Avenue, and (3) a 30 mph speed limit on Deaverview Road from Patton Avenue to Pisgah View Road.  Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its  corporate limits. - City staff received requests from the public to consider changes to speed limits. - US 25 (Biltmore Avenue) is a state maintained street within the city limits. - The N.C. Department of Transportation (NCDOT) conducted a traffic-engineering study  for US 25 (Biltmore Avenue) and determined that 20 mph would be a more appropriate  speed limit. - City staff performed appropriate traffic-engineering studies along four streets: Lee  Garden Lane, John Walker Avenue, Pruitt Street, and Deaverview Road. - The speed limit on the following streets will be set at 15 miles per hour: - Lee Garden Lane in its entirety (the existing speed limit is the statutory 35 miles  per hour) - John Walker Avenue in its entirety (the existing speed limit is the statutory 35  miles per hour) - The speed limit on the following streets will be set at 20 miles per hour: - U.S. 25 (Biltmore Avenue) from Hilliard Avenue to Aston Street (the existing  speed limit is 35 miles per hour) - Pruitt Street from Louisiana Avenue to Herron Avenue (the existing speed limit is  the statutory 35 miles per hour) - The speed limit on the following street will be set at 30 miles per hour: - Deaverview Road from Patton Avenue to Pisgah View Road (the existing speed  limit is the statutory 35 miles per hour) - The Asheville Police Department has reviewed the subject actions and they concur with  the recommended changes. - Once the subject action is approved and prior to the installation of appropriate signs on  the City-maintained streets, Transportation Department staff will coordinate outreach and  public education with the Communications & Public Engagement Department (CAPE)  and the Asheville Police Department. - NCDOT will install the appropriate signs on US 25 (Biltmore Avenue).  Committee(s): - MMTC - February 22, 2023 - Approved 5 to 3  Pro(s): - City staff have been able to respond favorably to public requests. - Provides a more appropriate posted speed limit in residential areas. - Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders.  Con(s): - None  Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the Transportation  Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-03-28","mt":"regular","id":"II-M","ref":"RES 23-66","it":"resolution","t":"Resolution authorizing the City Manager to apply to the French Broad River MPO for remaining available funds","desc":"Background: - Each year, the City must apply to the French Broad River Metropolitan Planning  Organization (FBRMPO) to receive FTA Section 5307 Job Access Reverse Commute  (JARC) funds that are used to support existing transit operations. - The City applies annually for this funding for Route 170, the fixed-route service operated  between downtown Asheville and the Town of Black Mountain. - This year, there is an additional $153,674 in funding available from the JARC program. - The MPO asked the City to apply for the additional funding and suggested that the S3  Route met the qualifications of the JARC program. - Therefore, this action will allow the City to apply for and receive the additional available  funds and offset existing expenses for this route. - This will bring the total amount of JARC funds being provided to the City for FY 2023-24  at $408,394. - It should be noted that this year is likely the only year where additional funds will be  available, therefore this additional grant funding should not be anticipated to continue  beyond FY 2023-24.  Committee(s): - None  Pro(s): - Enables the City to use federal funds to help offset the existing annual operating cost of  Route S3 fixed-route.  Con(s): - None  Fiscal Impact: - If awarded the grant funding ($153,674), 50% local matching funds ($76,837), and  associated expenses will be included in the FY 2023-24 Proposed Budget for the Transit  Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-03-28","mt":"regular","id":"II-N","ref":"RES 23-67","it":"resolution","t":"Resolution authorizing the City Manager to apply to NCDOT Integrated Mobility Division for Section 5303 metropolitan planning funds","desc":"Background: - Annually the City must apply to the North Carolina Department of Transportation -  Integrated Mobility Division to receive Section 5303 funds (Metropolitan Planning  Program). - The City uses the Section 5303 funding to fund existing transit planning activities, such  as grant management, administration, and reporting; short and long-range transit  planning; analyses of transit operations; and required semi-annual DBE program  preparation and reporting. - The funds are used to supplement the Transit Planning Division personnel budget  including the Transit Planning Manager and additional transit planning staff positions. - The FTA grant will provide 80% of the anticipated funding ($151,900), with the North  Carolina Department of Transportation and the City of Asheville each providing 10% of  the remaining amount at $15,190 respectively.  Committee(s): - None  Pro(s): - Supplements funding for multiple transit planning positions. - Enables the City of Asheville to leverage $151,900 in Federal funds and $15,190 in State  funds to support the City’s transit planning activities.  Con(s): - The City is responsible for 10% local match, which is $15,190.  Fiscal Impact: - If awarded the grant funding ($151,900), 10% local matching funds ($15,190), and  associated expenses will be included in the FY 2023-24 Proposed Budget for the Transit  Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2023-03-28","mt":"regular","id":"II-O","ref":"RES 23-68","it":"resolution","t":"Resolution authorizing the City Manager to apply for the Expanding Digital Opportunities in WNC through Land of Sky Regional Council grant","desc":"Background: - Land of Sky Regional Council is applying for a Western North Carolina Digital  Opportunities Grant through Dogwood Health Trust and has invited the City of Asheville  to participate. - The grant funds would cover all cradlepoint routers, antennas, five years of software  support, and installation for the current 33 buses in the transit fleet at a total cost of  $184,927. - If awarded, this grant would provide public WiFi on all ART buses and support business  operations of the buses (e.g. route planning, fare payments, passenger counters, etc.) - For future buses, the City would need to spend approximately $5,000 per bus on WiFi  equipment. - The City would also cover future maintenance and support beyond the initial five years at  approximately $500 annually, or $16,500 for all 33 buses. - The anticipated grant award decision date is July 5, 2023.  Vendor Outreach Efforts: - N/A  Pro(s): - Public WiFi on all City buses - Infrastructure to support transit business operations  Con(s): - City is responsible for outfitting new buses and lifecycle refresh on installed equipment. - The lifecycle refresh estimate to update WiFi technology for all transit buses is $165,000  every 6 years.  Fiscal Impact: - Future buses will cost approximately $5,000 to equip with WiFi. - The City will be responsible for maintenance after the initial 5 year period at  approximately $500 per bus per year, for a total of $16,500 for all 33 buses. - Lifecycle refresh estimate is $165,000 every 6 years, based on a fleet of 33 buses. - Fiscal impact will be in the Transit Fund. - Matching funds are not required for this grant.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2023-03-28","mt":"regular","id":"IV-A","ref":"ORD 5003","it":"public_hearing","t":"Ordinance to conditionally zone 283 Merrimon Avenue (eastern .785-acre portion) from INST and RM-8 to INST and INST-CZ","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 283 Merrimon Avenue from Institutional District and RM-8 Residential Multi-Family Medium Density District to Institutional District/Conditional Zone. This public hearing was advertised on March 17 and 24, 2021.  Project Location and Contacts: - The project site totals 3.4 acres located at 283 Merrimon Ave (PIN 9649-35-9489) - Owner: Brookstone Baptist Church  Summary of Petition:  Project Site - The project site consists of one property totalling 3.4 acres located at 283 Merrimon Ave,  at the corner of Merrimon Ave and Annadale Ave. - The site is currently zoned Institutional (INST) and Residential Multi-Family Medium  Density (RM-8). - The project site is the former site of the Brookstone Baptist Church and consists of a  church building with one-story and three-story additions to the south, as well as a  one-story residential structure located in the southeast corner of the lot. - The site is designated “Traditional Corridor” and \"Traditional Neighborhood\" on the city’s  Future Land Use (FLU) Map. - A change in the FLU designation will not be required.   Overall Project Proposal - The petitioner is seeking a rezoning of the rear portion of the property from Residential  Multi-Family Medium Density (RM-8) to Institutional - Conditional Zone (INST - CZ) in  order for the existing parking to support future commercial use in the existing church  buildings, which are currently zoned Institutional (INST). - Surface parking is not an allowed principal use within the RM-8 zoning district. - The existing Institutional (INST) zoning of the majority of the site does and will continue to  allow for uses typically allowed in this zoning district. - The proposed Institutional - Conditional Zone (INST - CZ) zoning of the rear portion of the  site would restrict the use of that portion of the parking to surface parking, with the  exception of the existing one-story residential structure which would allow for the  following principal uses which are allowed in the Institutional (INST) zoning district:  residential, day care, offices, clinics, financial institutions, health & fitness facilities, and  studios/galleries/workshops. - The project proposal does not include any construction plans. - Any future adaptive re-use or redevelopment will likely be reviewed as a “by-right”  development within the existing and proposed zoning districts. - Landscaping of the parking lot and other improvements may be required at this time to  bring the property into full compliance.   Access, Sidewalks and Parking - The existing surface parking lot on-site consists of approximately 180 spaces. - Access to the site is currently provided by two curb cuts on Annadale Ave. - There are existing sidewalks on both Merrimon Avenue and Annadale Avenue. - Merrimon Avenue is served by bus transit. - The closest bus stops are located one block to the south of the project site at the corner  of Merrimon Ave and Hillside St.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed rezoning supports a number of goals in the Living Asheville  Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted  growth areas.  - Promote Great Architecture and Urban Design to Enhance Placemaking - by  promoting adaptive reuse as a means of conserving materials, history, and  embodied energy in buildings.  - Enhance Parking Management Strategies - by considering zoning strategies  that locate surface parking areas to the rear of buildings in identified innovation  districts and along transit-supportive corridors. - The proposed rezoning is compatible with the Future Land Use designation of  “Traditional Corridor” which is proposed, in part, as “a roadway with a large variety of  land uses including commercial, office and residential uses at a variety of scales. - The commercial and mixed-use areas along a traditional corridor are typically flanked by  residential neighborhoods on one or both sides of the street”. - The proposed rezoning is partially compatible with the Future Land Use designation of  “Traditional Neighborhood” which is proposed, in part, as a “diverse range of housing  types and an intersecting street pattern with cross streets forming blocks” and,  “Commercial uses will be inappropriate in a traditional neighborhood, with the exception  of uses compatible within a residential context including homestays, bed and breakfast  inns and appropriately designed neighborhood centers”.  - Staff recommends against amending the Future Land Use map because the  “Traditional Neighborhood” designation at the rear of the property serves as a  buffer between Merrimon Ave and the residential neighborhood. More intense  commercial use located adjacent to the neighborhood, other than what currently  exists on-site, may not be appropriate in the future.  Compatibility Analysis: - The existing structures and surface parking lot are compatible with the surrounding land  uses, including:  - Commercial uses located along Merrimon Avenue to the north, south, and west  of the project site.  - Single-family residential neighborhoods located to the east of the project site.  - The Claxton Elementary School located directly to the south of the project site  across Annadale Ave.  Committee(s): - Planning & Zoning Commission (PZC) - March 1, 2023 - The motion to approve failed  (vote: 1-6). At the March 1 PZC hearing, the Commission expressed two main concerns  about the proposed rezoning: 1) That the rezoning would remove residentially-zoned land  near an existing neighborhood, and 2) That the rezoning did not include detailed site  plans for what is being proposed at the property.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.    \f Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, he said (1) Existing church buildings to remain zoned INST and adaptively re-used for office and similar uses; (2) Surface parking currently zoned RM-8, which is not an allowed use in that district, would remain parking for future uses; (3) Existing one-story single-family house structure on Annadale Ave to be used for office and similar uses; and (4) No construction plans as part of this conditional zoning. He said the conditions are that the use of the portion of the property zoned Institutional - Conditional Zone (INST - CZ) is limited to surface parking to serve other uses on the property, with the exception of the existing one-story residential structure in the southeast corner of the site, which shall be permitted for the following principal uses which are allowed in the Institutional (INST) zoning district: residential, day care, offices, clinics, financial institutions, health & fitness facilities, and studios/galleries/ workshops. The Planning & Zoning Commission did not recommend approval. The motion to approve failed on a 1-6 vote. The Commission expressed two main concerns about the proposed rezoning: 1) That the rezoning would remove residentially-zoned land near an existing neighborhood, and 2) That the rezoning did not include detailed site plans for what is being proposed at the property. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff recommends approval of the proposed conditional zoning.   There was considerable discussion surrounding the reason for the request, with Mr. Palmquist noting that if the site is developed, it must come into full compliance with the Unified Development Ordinance. Items of concern were not having a plan to review (even though it is not required for a conditional use request); impacts to the tree canopy; what will be the community benefits; removal of a residential district; what is the plan for renewable energy; and what can the small building on the site be used for.   Mr. Derek Alley, attorney for the applicant, and Mr. Brian Moffitt explained the need for the conditional zoning request (on the .785 parcel of land) as it related to the surface parking lot and the small house on the piece they are asking to conditionally zone.   Councilwoman Roney asked for a condition to keep the trees along Henrietta Street, to which the applicant agreed.   Mayor Manheimer opened the public hearing at 7:07 p.m.   Ben Mansel spoke in opposition to the request.   Mayor Manheimer closed the public hearing at 7:08 p.m.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2023-03-28","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Motion to continue public hearing on adoption of the South Slope: A Southside Neighborhood Vision Plan until April 11, 2023","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2023-03-28","mt":"regular","id":"V-A","ref":"RES 23-69","it":"resolution","t":"Resolution to submit to the U.S. Dept. of Housing & Urban Development the HOME-ARP Allocation Plan","desc":"Community & Economic Director Nikki Reid said that this the consideration of a resolution to submit the HOME-ARP Allocation Plan as an amendment to the Fiscal Year (FY) 2021-2022 Annual Action Plan (AAP) to the U.S. Department of Housing and Urban Development (HUD). A public hearing was held on March 4, 2023.  Background: - The Asheville Regional Housing Consortium (ARHC) consists of contiguous units of local  governments that come together to qualify for a direct allocation of HOME Investment  Partnerships Program (HOME) funds from the US Department of Housing & Urban  Development (HUD). - The Consortium consists of Buncombe County, Henderson County, Transylvania County,  and Madison County and several member municipalities from those counties, including  the City of Asheville. The City of Asheville serves as the participating jurisdiction (PJ) and  administers the HOME program (also known as the lead entity). - Annual HOME funds provide formula grants to states and localities to fund a wide range  of activities including building, buying, and/or rehabilitating affordable housing or  providing direct rental assistance to low-income individuals and families. - The City of Asheville received notification from HUD of a special allocation of HOME  funds, known as the HOME Investment Partnerships American Rescue Plan Program  (HOME-ARP), in the amount of $4,699,862. - This special allocation of HUD HOME-ARP funds is targeted specifically to assist  individuals or households who are homeless, at risk of homelessness, and other  vulnerable populations. - These grant funds are to be administered by the City of Asheville as the PJ through the  HUD HOME program, with up to 15% of the allocation available for the planning and  administration of the grant. - HUD requirements provide a specific framework for the expenditure of these funds. - The first major requirement is for the PJ to submit a HOME-ARP Allocation Plan by  March 31, specifying how much funding will be dedicated to each eligible use. - HUD requires that allocation plans be data driven and include public engagement and  consultation with agencies and service providers that address the needs of the qualifying  populations. - The City engaged a consultant, Baker Tilly, to develop the allocation plan in compliance  with HUD requirements. - The draft HOME-ARP Allocation Plan represents the final results of the public survey,  stakeholder and focus-group feedback sessions, and the needs assessment and gap  analysis within the four county region. - Based on that information, the plan indicates the amount of HOME-ARP funding to be  allocated for each eligible activity type across the four counties of the ARHC that best  addresses the needs of qualifying populations.  Recommendations from HOME-ARP Allocation Plan: - HUD identified certain activities as eligible HOME-ARP uses in order to reduce  homelessness and increase housing stability, specifically: the construction or   \f preservation of affordable housing, tenant-based rental assistance (TBRA), supportive  services (e.g. homeless prevention services, and housing counseling), and /or acquisition  and development of non-congregate shelter. - Consultations with service providers during the development of the HOME-ARP  Allocation Plan revealed that while TBRA and other HOME-ARP eligible activities would  be beneficial for the community, they would have limited impact due to the scarcity of  available affordable housing units. - Non-congregate shelter was a stated need, yet it was noted that the limited amount of  funding may not cover the high costs of acquiring and renovating a non-congregate  shelter. - Further, operational costs are not eligible expenses for this funding, which represent  significant ongoing costs without an identified funding source. - The data collected from the Citizen Participation Survey indicates that the public is in  support of constructing new affordable rental housing units. - Additionally, there is a need for permanent supportive housing and the community shows  strong support of increasing mental health services. - The needs assessment and gap analysis, including Census and Point-in-Time data from  the four county region, concluded that close to 23,650 households are at great risk of  housing instability within the Asheville Metropolitan Area. - Rapidly rising rental prices and limited availability of affordable housing stock is impacting  persons with incomes at 30% and below median income as well as those with incomes at  50% of the median but who also meet one of the definitions of at-risk of homelessness. - Overall, the analysis concluded that the most significant unmet housing need for  homeless persons and those at risk of homelessness is access to affordable housing  units and supportive services including case management, mental health, and substance  abuse services to connect these individuals to housing. - Therefore, HOME-ARP Allocation Plan focuses on new affordable rental housing units  and funds additional supportive services to allow for a greater utilization of existing  unused housing vouchers and TBRA funding. - The plan also outlines that the City will issue a special notice of funding availability  (NOFA) via the Request for Proposals (RFP) process to solicit proposals from qualified  organizations capable of administering supportive services and from affordable housing  developers to produce housing units which will be available for rent to the qualifying  populations. - The proposal evaluation process will include the requirement that all proposals must have  a Letter of Support from the Continuum of Care (CoC) for the county or counties where  the project will be located or where services will be provided.   Funding Amount Percent of Grant Statutory Limit  Supportive Services $1,000,000.00 21% -  Acquisition and Development of $0.00 0% - Non-Congregate Shelters  Tenant-Based Rental Assistance $0.00 0% - (TBRA)  Development of Affordable $3,100,000.00 66% - Rental Housing  Non-Profit Operating $0.00 0% 5%    \f Non-Profit Capacity Building $0.00 0% 5%   Administrative and Planning $599,862.00 13% 15%   Total $ 4,699,862.00 100% - The public comment period for the draft HOME-ARP Allocation Plan was conducted for  the period of March 06, 2023 - March 20, 2023. - A public hearing at Asheville City Council was held on March 14, 2023. - Once adopted, the plan will be added to the FY 21-22 Annual Action Plan as a  substantial amendment by the March 31, 2023 deadline and will be subject to final HUD  approval. - Once HUD approval has been granted, the City will issue a special notice of funding  availability (NOFA) via a Request for Proposals (RFP). - This RFP will request applications from agencies and developers within the four county  region. - The funding availability will be based on the amounts indicated in the table above for the  selected eligible activities, with letters of support required from CoCs for the county or  counties where the project will be located or where services will be provided. - Qualifying applications will be reviewed by the HOME Consortium for recommendations  and ultimately brought forward to Asheville City Council for final approval.  Committee(s): - The Asheville Regional Housing Consortium reviewed this item at their meeting on March  6, 2023 and recommended approval.  Pro(s): - One-time funding source available to assist people experiencing homelessness, to  reduce homelessness and to increase housing stability across the Consortium Counties.  Con(s): - None  Fiscal Impact: - This special allocation is fully funded from HUD and authorized by the American Rescue  Plan Act. - Staff costs to administer the program are also fully paid from federal sources. - Timeline of Funding - Per HUD instructions, a local allocation plan must be submitted as  an amendment to the FY21-22 Annual Action Plan by March 31, 2023. - All funds must be spent before September 30, 2030. - Specific allocation of $4,699,882 of HOME-ARP funds will be made in accordance with  the proposed HOME-ARP Allocation Plan as outlined above.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2023-03-28","mt":"regular","id":"VI-A","ref":"RES 23-70","it":"resolution","t":"Resolution adopting the Municipal Climate Action Plan for Municipal Sustainability Goals and Initiatives","desc":"Sustainability Director Bridget Herring said that this is the consideration of adopting the Municipal Climate Action Plan for Municipal Sustainability Goals and Initiatives.  Background: - The purpose of the Municipal Climate Action Plan (MCAP) is to update the City’s 2009  Sustainability Management Plan with updated and newly adopted resolutions around  climate mitigation and adaptation. - The scope of the MCAP is municipal operations where there are significant opportunities  to impact climate adaptation and mitigation. - On June 8, 2021, City Council authorized the City Manager to execute a contract with  AECOM to update the Sustainability Management Plan into a Municipal Climate Action  Plan. - AECOM reviewed existing City sustainability goals, plans and resolutions as well as  interviewed staff and the Sustainability Advisory Committee to gain additional feedback  on accomplishments and barriers. - AECOM used this information to perform a gap analysis and best practice research to  inform a list of high impact opportunities for climate action. - AECOM also conducted a high level resource assessment on the final recommended  actions. - The MCAP recommends 22 high-impact activities – and an estimate of associated fiscal  impacts to build a more resilient organization; and continue to address the City’s goals for  carbon mitigation. - The 22 high-impact activities were selected based on three prioritization factors: impact,  feasibility and the opportunity to advance equity. - The MCAP suggests an implementation sequence to make the most out of limited  resources and multiple priorities. - The MCAP is a result of engagement with the Sustainability Advisory Committee (SAC)  and City Staff from multiple departments. - There were four opportunities between July 2022 - February 2023 for public input to be  received on the MCAP during the SAC meetings.  Committee(s): - Sustainability Advisory Committee - February 21, 2023 - Voted 8 - 0 to recommend  adoption of the Municipal Climate Action Plan - Environment and Safety Committee - March 28, 2023  Pro(s): - Prioritizes Asheville’s internal climate and sustainability activities - Establishes a roadmap for continued sustainability and climate action progress   \f Con(s): - The MCAP is a guiding document that provides policy, program, planning direction and  high level resources needs but does not include a detailed scope for individual projects.   Fiscal Impact: - Funding for the activities recommended in the MCAP will be considered during annual  budget development processes. - New activities being considered for funding in the FY 2023-24 budget development  process include a Solid Waste Master Plan and fleet maintenance that would support  carbon reduction and fleet electrification goals.   Ms. Herring said the key takeaways from this presentation will be (1) the purpose of the  Municipal Climate Action Plan (MCAP) is to update the City’s 2009 Sustainability Management  Plan with updated and newly adopted resolutions around climate mitigation and adaptation; (2)  the scope of the plan is municipal operations where there are significant opportunities to impact  climate adaptation and mitigation; (3) it establishes a roadmap for continued sustainability and  climate action progress; (4) the MCAP suggests an implementation sequence to make the most  out of limited resources and multiple priorities; and (5) it has been reviewed by the Environment  and Safety Committee. The purpose of the MCAP is to (1) update the 2009 Sustainability  Management Plan (SMP); (2) prioritize Asheville’s internal climate and sustainability activities;  and (3) establish a roadmap for continued sustainability and climate action progress. She used a  chart to show the development process of the MCAP. In the scope of the Plan, Goal 1 is  City-owned assets are resilient, sustainable and efficient. Goal 2 is sustainability and climate  priorities are embedded in city operations, participation, and decision-making. Goal 3 is the City  supports sustainability and resilience for area residents and businesses. The final result was (1)  22 recommended activities; (2) recommended implementation sequence to maximize (a) overall  impact; (b) time required for implementation; (c) manage staff capacity; and (d) leverage current  opportunities; and (3) built as a tool to assist in evaluating new opportunities and priorities.   For Goal 1:   1. Continue Installation of Renewable Energy Resources on Municipal Property  2. Utilize Alternatives to On-Site Solar to Meet Targets  3. Expand Energy Efficiency Standards for All New Construction to Retrofits and Upgrades  4. Establish Building Energy Efficiency Operations and Maintenance Requirements  5. Incorporate Equity and Sustainability into Processes to Address Aging Infrastructure*  6. Update City-Owned Building Standards for Resilience Considerations  7. Establish a Policy for the Purchase, Sale, or Adaptive Reuse of Highly Vulnerable or  Underutilized Assets  8. Investigate and Install Building Automation for All City Facilities  9. Integrate Climate Justice, Equity, and Resilience Best Practices into All Hazards Planning  Committee and Emergency Response Plans and Operations* 10. Measures for City-Owned Property* 11. Assess and Enhance Efficiency and Resilience of Municipal Water Distribution System 12. Utilize Green Fleet Policy for Fleet Electrification* 13. Conduct Low-Carbon Transit Assessment   For Goal 2:  14. Use Climate Justice and Sustainability Tools for Planning and Decision Making 15. Monitor and Engage in State-Level and Utility Policies on Climate and Sustainability    \f16. Establish Sustainable Oriented Procurement Procedures 17. Conduct Solid Waste Master Planning Process*   For Goal 3:  18. Utilize Urban Forestry Practices on City Land in Priority Neighborhoods to Reduce Heat  Island Impacts and Sequester Carbon* 19. Explore City Supported Community Resilience Hub Sites 20. Conduct Programs for Food Production, Community Gardening, and Edible Plantings  on Public Lands  21. Make Climate and Sustainability-related Data and Progress Toward Goals Publicly  Accessible*  22. Create a Sustainability and Climate Ambassador program to Regularly Engage Frontline  Communities Short Term: Initiate in Years 1 or 2  Bold: Existing Ongoing Activities   Councilwoman Ullman understood that the only way we can reach these goals and goals  of other plans is through partnerships. When she asked if the Sustainability Department has the  resources and staff to achieve these goals, Ms. Herring said that any quests will go through the  budget process.   Ben Stockdale offered to work with the City of Asheville on clean energy.   Gerald Meyer explained why micro-grids would help with many strategies under Goal 1.   Tim Sadler urged Council to look at things outside the box.   Mayor Manheimer said that members of Council have been previously furnished with a  copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2023-03-28","mt":"regular","id":"VI-B","ref":"ORD 5004","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2024 Fees & Charges Manual","desc":"Budget Manager Taylor Floyd said that this is the consideration of an ordinance  establishing the fees and charges for FY 2023-24.   Background: - Fees and charges comprise 35% of City-wide revenue and 10% of General Fund  revenue. - City Council has been provided with a memo that provides detailed information for fee  adjustments under consideration for FY 2023-24, including impacts on revenues,  customers, and service provision. - Final recommendations to City Council are based on feedback received from the Policy,  Finance and Human Resources Committee. - Recommended fee adjustments will become effective July 1, 2023. - Typical household impact of major fee changes proposed for FY24 are below:   Fee Bi-Monthly Bill Increase FY24 Annual Increase   Solid Waste $ 2.00 $ 12.00   Stormwater (Tier 2) $ 1.76 $ 10.58   Water (6 CCFs/month) $ 7.13 $ 42.78   Total $ 10.89 $ 65.36  Fiscal Impact: - Impacts for each proposal are shown in the information provided to City Council.   Mr. Floyd said that they would be reviewing an overview of the fees and charges; water services; stormwater utility; solid waste; parks and recreation; and other changes under consideration. He said the key takeaways from this presentation will be (1) Staff reviews fees and charges as part of the budget process each year and bring forward recommendations for adjustments early in the process; (2) Fees and charges represent a small portion of General Fund revenues but are the major revenue source for Enterprise Funds, such as Water and Stormwater; (3) Staff recommendations for Fiscal Year 2023-24, include a continuation of modest increases in fees for water, stormwater, and solid waste that are paid by most households; and (4) No changes are recommended for transit, parking or special event fees.   He explained what we charge for services - Customer vs. community benefit; Ensure access; and Statutory requirements. Factors in setting fees and charges include cost to provide service; who benefits from service; and fee studies. Using charts, he then reviewed the General Fund Revenues, along with the Enterprise Funds Revenues. He used a chart to show the impact recommended fee changes on a typical household - solid waste bi-monthly bill increase - $2.00; stormwater (tier 2) bi-monthly bill increase - $1.76; and water (6 CCs/month) bi-monthly bill increase - $7.13 - for a total of $10.89 bi-monthly bill increase.    \f Regarding the Water Resources Fund, he used a chart to show the operating costs, capital & debt; and personnel. As of calendar year 2022, Asheville Water Resources had nearly 60,700 customer accounts that consumed 7.7M centum cubic feet (CCF) of water. He said they have (1) reviewed rate structures for 12 other peer systems in NC & SC; most peer rate structures include: (a) Tiered residential consumption rates; (b) Different rates for non-residential users; and (c) Different rates for customers outside of geographical limits (not permitted in Asheville by Sullivan Acts); and (3) Asheville customer costs are highly competitive and affordable compared to like systems. The recommended Water Fee changes are (1) an increase in base fees charged to customers according to meter size; (2) an increase in consumption fees charged to customers based on the volume of water used; and (3) an increase in hydrant meter rental deposits. Note: A cost of service study is underway which will provide an assessment of the rate structure. Any recommended changes to the structure will be considered for Fiscal Year (FY) 2024-25. He then reviewed a graph of the single family residential user impact. Planned service enhancements include (1) additional maintenance crew; (2) staffing to enhance night coverage at water treatment plants; (3) staffing to improve critical communication and customer engagement; (4) customer service staff to support meter project transition; and (5) continue to recover $7.5M in lost revenue from loss of capital fee in FY19-20 using a combination of adjustments to the base fee and the volumetric rate.   Mr. Melton responded to several questions/comments from Council, some being, but are not limited to: update on when we might look at monthly billing; request to see the whole picture of flat fees; request for options for multi-family housing and commercial tiers; and request to add Boone into the benchmarking study.   There was discussion and consensus of Council to not approve the water rates at this meeting, but for staff to come back with a recommendation for a possible path forward to minimize or freeze residential water rates, as we are putting the burden of our infrastructure on full-time residents.   Regarding stormwater service and fees, he explained that aging infrastructure and deferred maintenance perpetuate funding challenges. A stormwater consultant review (1) will provide key information about the capital and operating resources required to maintain the system and provide services; (2) review of current fees and fee structure; and (3) expected to be completed in the summer of 2023. Using a chart, he explained the recommended stormwater fee changes. Planned service enhancements include (1) additional maintenance crew; (2) additional staffing to enhance inspections of constructed stormwater devices; (3) system mapping to improve asset management; and (4) vehicle and equipment purchases.   Regarding sanitation service and fees, he said maintaining sanitation services are (1) additional positions are needed to keep up with increasing number of collection points; (2) continued cost increases in new recycling contract and landfill tipping fees; and (3) review operations, financing and ordinances to address challenges and improve service delivery to customers. Recommended sanitation fee changes include (1) prior to this fiscal year, the last fee increase was approved in FY16-17; (2) current year (FY22-23) increase was $2.00 per month; and (3) recommending $1.00 per month increase for FY23-24. Planned service enhancements include (1) Solid Waste Master Plan; and (2) additional staffing to support increased number of collection points.   Regarding Parks and Recreation fees, (1) moderate increases to fees at Riverside Cemetery to support maintenance of facility; (2) reductions to usage fees for recreational and athletic facilities; (3) reductions to fees for weight rooms; and (4) increases to swimming pool fees. Regarding afterschool and summer programming, (1) increase to Fun Day Out/Inclement Weather programming ($5 to $10 per day) - Not paid if already enrolled in afterschool program;    \f(2) new fees provide flexibility for single day usage; and (3) installment payment plans offered to mitigate financial burden on afterschool and summer programming.   Other recommended changes include (1) Aston Park tournament entry; (2) WNC Nature Center fee flexibility; and (3) Stormwater development fees.   Katy Hudson was opposed to charging residential customers higher fees than commercial customers.   Jonathan Wainscott urged City Council to not give away our precious resource.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Transportation","mo":"individual","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1pGzIrpewZWlp4bR-OgjXNdJEHBPyPNvF/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2023-04-11","mt":"regular","id":"II-A","ref":"","it":"motion","t":"Approval of the minutes of the agenda briefing worksession (March 23) and formal meeting (March 28, 2023)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-04-11","mt":"regular","id":"II-B","ref":"RES 23-71","it":"resolution","t":"Resolution accepting American Rescue Plan Act funds for a pre-construction study for the North Fork and William DeBruhl Treatment study and plant","desc":"Background: - The Water Resources Department submitted an application to NC-Department of Environmental Quality - Division of Water Infrastructure in the Spring of 2022 for funding of a pre-construction study. - The City/department was awarded a $400,000 APRA grant to fund said study. - Climate change has produced unusual effects on the quality of raw water available at both the Burnett and Bee Tree Reservoirs. - Changes in raw water quality can happen quickly during significant weather events. - The NC Public Water Supply has encouraged all direct filter treatment plants to investigate improvements that would help meet EPA and State Dept. of Environmental Quality rules and regulations. - North Fork and Wm. DeBruhl are both direct filtration water treatment plants. - Although a budget amendment in the amount of $400,000 to accept grant funding from the NC Department of Environmental Quality - Division of Water Infrastructure was approved on October 23, 2022, the requirements of the award state that the City Council needs to approve a resolution that specifically addresses the grant. Vendor Outreach Efforts: - n/a  Committee(s): - n/a Pro(s): - Acceptance of the grant will provide a cost savings that can be used to accomplish other scheduled improvement projects. - Study will provide guidance on further optimizing current techniques for the treatment process. - Study will provide guidance documents to assist staff with real-time decision making when raw water quality is low. - Study will investigate treatment alternatives and recommend two for further consideration and pilot-study. - All data, recommendations, and guidance would assist the plants in complying with future State and EPA regulations. Con(s): - Without conducting this study the City / Water Resources risks having to temporarily close a treatment plant during significant low raw water quality. - Limiting production due to significant low raw water quality may require unplanned mandatory water conservation measures for our customers. Fiscal Impact: - The cost of the study, estimated to be $407,695 will primarily be funded via a grant awarded by NCDEQ-Division of Water Infrastructure (utilizing state ARPA funds). - Grant funding totals $400,000, and the remaining $7,695 has been identified within the current Water Resources capital budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-04-11","mt":"regular","id":"II-C","ref":"RES 23-72","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with CDM Smith for the North Fork and William DeBruhl Treatment study","desc":"Background: - Climate change has produced unusual effects on the quality of raw water available at both the Burnett and Bee Tree Reservoirs. - Changes in raw water quality can happen quickly during significant weather events. - The NC Public Water Supply has encouraged all direct filter treatment plants to investigate improvements that would help meet EPA and State Department of Environmental Quality rules and regulations - North Fork and Wm. DeBruhl are both direct filtration water treatment plants. Vendor Outreach Efforts: - A qualifications based selection process was used. - Three (3) consulting firms submitted Statements of Qualifications for the North Fork & Wm. DeBruhl Treatment Study and Plant Improvements (298-WTPTreatmentStudyFY23). - After evaluation of the Statements of Qualification, review of references and past projects, CDM Smith was the firm selected due to their expertise in areas of water treatment plant construction and upgrades.  Committee(s): - n/a Pro(s): - Study will provide guidance on further optimizing current techniques for the treatment process. - Study will provide guidance documents to assist staff with real-time decision making when raw water quality is low. - Study will investigate treatment alternatives and recommend two for further consideration and pilot-study. - All data, recommendations, and guidance would assist the plants in achieving future State and EPA regulations. Con(s): - Without conducting this study the City / Water Resources risks having to temporarily close a treatment plant during significant low raw water quality. - Limiting production due to significant low raw water quality may require unplanned mandatory water conservation measures for our customers. Fiscal Impact: - The cost of the study, estimated to be $447,695 which contains a $40,000 contingency, will primarily be funded via a grant awarded by NCDEQ-Division of Water Infrastructure (utilizing state ARPA funds). - Grant funding totals $400,000, and the remaining $47,695 has been identified within the current Water Resources capital budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-04-11","mt":"regular","id":"II-D","ref":"RES 23-73","it":"resolution","t":"Resolution authorizing the City Manager to apply to the Mellon Foundation for a grant related to Pack Square Plaza","desc":"Background: - The Mellon Foundation has invited the City to apply for up to $3,000,000 in grant funds from their Monuments Project Initiative; the grant deadline is April 27, 2023. - The grantor requested the City and County partner on three work areas (outlined below) identified by the community in the Pack Square Plaza Visioning Project community engagement process. - The target public release date to start review of the plan is April 17, 2023; Council consideration to adopt is targeted for June 27, 2023. - Grant funds would be used to: - Design and engineer 100% construction drawings for the former Vance Monument site and the surrounding plaza; - Design and construct a gateway corridor on S.Market Street to connect Pack Square and The Block; - Improve and expand programming, education and training that result in more diverse and inclusive historical narratives (primarily led by Buncombe County). - Grant awards will be announced in June 2023; the term of the grant is approximately two years.  Committee(s): - Asheville Downtown Commission - March 10, 2023 - Unanimous support - Planning & Economic Development Committee of City Council - March 13, 2023 - Unanimous support (2-0) to apply for grant Pro(s): - Provides an alternative revenue source for City activities - Supports the City’s ability to implement plans in a timely manner Con(s): - None  Fiscal Impact: - If awarded, the grant will fund design costs for future capital projects. Although funding for construction of these projects has not been identified, staff will work to assess City funding capacity and identify other funding opportunities as part of capital budget development. - Future construction funding from the Mellon Foundation is possible. - Matching funds are not required for this grant.","c":"Economic Development","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-04-11","mt":"regular","id":"II-E","ref":"RES 23-74","it":"resolution","t":"Resolution authorizing the sale of one 1992 fire pumper truck and one 2006 stormwater vacuum truck beyond their useful life","desc":"Background: - The City’s Fire Department identified one (1) 1992 International Fire Pumper Truck; and the Stormwater Division of the Public Works Department identified one (1) 2006 Sterling Vac-Con Truck as surplus personal property, with no anticipation of future utilization by the City. - Both vehicles are expected to sell for more than $30,000 each. - All bids are solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale. Vendor Outreach Efforts: - Not Applicable  Committee(s): - None Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price Con(s): - None Fiscal Impact: - The vehicles are fully depreciated. - The General Fund will recognize the revenue from the sale of the Fire Truck; and the Stormwater Enterprise Fund will recognize the revenue from the sale of the Vacuum Truck. - Estimated revenue from the sale of fixed assets is already included in the adopted budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-04-11","mt":"regular","id":"II-F","ref":"RES 23-75","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Tarheel Paving and Asphalt for the FY2023 asphalt resurfacing","desc":"Background: - The main scope of the project is the resurfacing of 14 street segments on 13 streets for a total of 6.0 miles. Also included will be repairs to the concrete sidewalk and ADA improvements. - An inventory of the streets was provided. - The contract was advertised on February 6, 2023 and bids were opened on March 2, 2023. - The following bids were received: Tarheel Paving and Asphalt, Inc. of Hendersonville, NC $2,329,446.76 French Broad Paving, Inc. of Marshall, NC $2,415,082.75 JLS Company, LLC of Skyland, NC $3,170,754.10 Bryant’s Land and Developments Industries, Inc. of Burnsville, NC $3,469,462.58 Rogers Group of Nashville, TN $5,186,539.61 - The contract is expected to be available on May 1, 2023, and the contractor has until December 15, 2023 to complete the work. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Only one company from an identified disparity group (Black American) was found in the ten-county area and staff directly contacted that company. - The company did not submit a bid. - Two women-owned businesses were also directly contacted and one submitted a bid. - Two woman-owned companies will be operating as subcontractors on the project. The two WBE companies are Appalachian Paving and Concrete of Swannanoa, NC, and New Dimensions of Fletcher, NC. - Tarheel Paving anticipates expending 18.0 percent of the total dollar amount of the contract with these companies.  Committee(s): None Pro(s): - The award of this contract will resurface 6.0 miles of City streets. Con(s): - This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-04-11","mt":"regular","id":"II-G","ref":"RES 23-76","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Bolton Construction and Services of WNC Inc. for the Tempie Avery Montford project","desc":"Background: - The Tempie Avery Montford Community Center has a failing boiler that is well beyond its useful life expectancy and needs to be replaced. - The existing gas boiler will be replaced with two modern, efficient boilers that will provide reliable and consistent service to the facility - The City advertised Bid 298-CP23-B2205-BID for the Tempie Avery Montford Center Boiler Replacement on February 8, 2023. - Bids were received on March 14, 2023 from the following: - Bolton Construction and Service of WNC, Inc: $117,775 base bid plus Alternates 1 & 2a - Haynes Industrial: $165,794 base bid plus Alternates 1 & 2a - Pyatt Heating and Air: $145,279 base bid plus Alternates 1 & 2a - Bolton Construction and Service of WNC, Inc.was determined to be the lowest responsive and responsible bidder. - Recommendation of award to Bolton Construction and Service of WNC, Inc. is for the base bid of $115,075; Bid Alternate #1 in the amount of $0.00; and Bid Alternate #2a in the amount of $2,700. Vendor Outreach Efforts: - Staff performed outreach to minority owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority-Owned Business Enterprise (MBE) service providers for subcontracted services. - Bolton Construction and Service of WNC, Inc is not a Minority-Owned Business Enterprise. - No MBE firms submitted bids with this prime contractor. - Outreach documentation was reviewed by City staff to confirm compliance with the City’s Business Inclusion Policy.  Committee(s): - None Pro(s): - The bid is under budget. The pre-bid engineer’s estimate was $140,000. - Maintenance time and expense will be greatly reduced with the installation of the new boilers. - The new equipment is cleaner and more energy efficient than the existing boiler. - The new dual boiler system allows for one unit to be serviced while the other continues to provide heat to the facility. Con(s): - While more efficient, the new gas boilers are still fossil-fuel dependent. - An analysis of gas versus electric systems found a fully electric HVAC system at this facility to be cost prohibitive. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-04-11","mt":"regular","id":"II-H","ref":"RES 23-77","it":"resolution","t":"Resolution approving the issuance by the Housing Authority of the City of Asheville of up to $11,855,000 of multifamily housing revenue bonds","desc":"147(f) OF THE INTERNAL REVENUE CODE  Background: - The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes. - It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157. - The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such plan. - Laurel Wood VOA Affordable Housing , LLC (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $11,855,000 in multifamily housing revenue bonds for the acquisition and rehabilitation of a 51-unit affordable rental development for seniors known as Laurel Wood Apartments and the construction of 54 additional, affordable units on the site to become part of Laurel Wood Apartments located at 650 Caribou Road in Asheville, a 14.72 acre parcel identified as PIN 9657-10-3768 in the Buncombe County Registry. - The existing 51 units are all one-bedroom and are located within one building that was built in 1999. - The 54 new units will be located in a new building to be constructed on site and will include 42 one-bedroom units and 12 two-bedroom units. - All 105 units in the development will be rent and income restricted at 40,50,60 and 80% of area median income. - The new affordability period will be at least 30 years. - The property has been well maintained and managed by National Housing Corporation “NHC” (a wholly owned subsidiary of Volunteers of America National Services “VOANS”); the new owner will be a subsidiary of VOANS. - Construction is scheduled to commence in July 2023 and has an expected completion date of December 2024. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. - The Asheville City Council previously approved a $1.5 million Housing Trust Fund loan with 2% interest deferred for a period of 30 years for this project at their September 27, 2022 meeting. Council Goals: - Quality Affordable Housing Pro(s): - 51 units of affordable senior housing will be preserved and renovated and 54 additional affordable senior housing units will be constructed. - The new affordability period will be at least 30 years. Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-04-11","mt":"regular","id":"II-I","ref":"RES 23-78","it":"resolution","t":"Resolution amending the 2023 City Council meeting schedule to add remote agenda briefing worksessions pursuant to N.C. Gen. Stat. Sec. 143-318.13","desc":"This item was removed from consideration at this meeting in order for it to be reviewed by the Multimodal Transportation Commission. Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-04-11","mt":"regular","id":"II-J","ref":"","it":"ordinance","t":"Introduction of an ordinance amending Section 12-53 to prohibit storing bicycles, carts, strollers, or other personal transportation on city property for longer than 72 hours","desc":"This item was removed from consideration at this meeting in order for it to be reviewed by the Multimodal Transportation Commission. Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Transportation","mo":"other","mv":"","sec":"","r":"","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":1,"mr":"policy category","sq":9},{"d":"2023-04-11","mt":"regular","id":"IV-A","ref":"ORD 5005","it":"public_hearing","t":"Ordinance to approve an Annexation Agreement between the City of Asheville and the Town of Woodfin designating three non-contiguous parcels","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to approve an annexation agreement between the City of Asheville and Town of Woodfin designating three non-contiguous parcels desiring to annex into Woodfin as not subject to annexation by the City of Asheville. This public hearing was advertised on March 31, 2023. Background: - The Town of Woodfin has received a petition from property owner, Deva Bhumi, LLC, to voluntarily annex a 96.15 acre +/- property located at 810 Elk Mountain Scenic Highway (1 parcel) and 99999 Mundy Cove Road (2 parcels) identified in the Buncombe County tax records respectively as PINs #9751-97-3287, 9751-97-3475, and 9751-97-5245, all of which are non-contiguous to the primary corporate limits of both Asheville and Woodfin (the “Property”). - This Property is adjacent to the Sourwood Inn property, for which an Annexation Agreement was approved in November 2022. Deva Bhumi, LLC is now the owner of that property as well. - N.C. Gen. Stat. sec 160A-58.1 permits a city/town to annex a non-contiguous area; however, if the area is closer to the primary corporate limits of another city/town than it is to the corporate limits of the city/town that is being asked to annex, then there must be an annexation agreement between the two municipalities which states that the city/town whose corporate limit is closer, will not seek to annex this area. - It has been determined that the property for which annexation is requested is closer to the primary corporate limits of the City of Asheville than it is to the primary corporate limits of the Town of Woodfin, and therefore, the two municipalities would need to enter into an Annexation Agreement before Woodfin could consider the requested annexation. - N.C. Gen. Stat. sec. 160A-58.23 authorizes cities/towns to enter into Annexation Agreements as long as they are of reasonable duration not to exceed 20 years and they are approved by ordinance of the governing board of each municipality. - The State Legislature repealed the ability of municipalities to involuntarily annex in 2011, so the City does not have the ability to annex this property involuntarily. - However, voluntary annexation (request by a property owner to be annexed) is still permissible and the process for voluntary annexation of noncontiguous areas remains unchanged and requires an annexation agreement.  Committee(s): - None Pro(s): - The Annexation Agreement between the City and the Town of Woodfin would allow Woodfin to annex the non-contiguous Property as requested by the property owner. - The request to enter into an annexation agreement is a necessary step in order to be responsive to the petitioner’s request for voluntary annexation. Con(s): - None noted. Fiscal Impact: - This action requires no City resources and has no fiscal impact. Mr. Palmquist reviewed the location and imagery maps. Some background information includes: (1) The Town of Woodfin has received a petition from property owner, Deva Bhumi, LLC, to voluntarily annex a 96.15 acre +/- property, located at 810 Elk Mountain Scenic Highway (1 parcel) and 99999 Mundy Cove Road (2 parcels); (2) The Property is adjacent to the Sourwood Inn property, for which an Annexation Agreement was approved by City Council in November 2022. Deva Bhumi, LLC is now the owner of that property; (3) The property is non-contiguous to the primary corporate limits of both Asheville and Woodfin; (4) N.C. Gen. Stat. sec 160A-58.1 permits a city/town to annex a non-contiguous area; however, if the area is closer to the primary corporate limits of another city/town than it is to the corporate limits of the city/town that is being asked to annex, then there must be an annexation agreement between the two municipalities which states that the city/town whose corporate limit is closer, will not seek to annex this area; (5) It has been determined that the property for which annexation is requested is closer to the primary corporate limits of the City of Asheville than it is to the primary corporate limits of the Town of Woodfin, and therefore, the two municipalities would need to enter into an annexation agreement before Woodfin could consider the requested annexation; (6) N.C. Gen. Stat. Sec. 160A-58.23 authorizes cities/towns to enter into annexation agreements as long as they are of reasonable duration not to exceed 20 years and they are approved by ordinance of the governing board of each municipality; (7) The State Legislature repealed the ability of municipalities to involuntarily annex in 2011, so the City does not have the ability to annex this property involuntarily; and (8) However, voluntary annexation (request by a property owner to be annexed) is still permissible and the process for voluntary annexation of non-contiguous areas remains unchanged and requires an annexation agreement. The pros are that the annexation agreement between the City and the Town of Woodfin would allow Woodfin to annex the non-contiguous property as requested by the property owner; and the request to enter into an annexation agreement is a necessary step in order to be responsive to the petitioner’s request for voluntary annexation. Staff recommends Council adopt an ordinance approving an annexation agreement with the Town of Woodfin designating the 96.15 +/- acre Property as described herein, a non-contiguous area, as not subject to annexation by the City of Asheville. Mayor Manheimer opened the public hearing at 6:04 p.m., and when no one spoke, she closed the public hearing at 6:04 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2023-04-11","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Motion to continue public hearing on adoption of the South Slope: A Southside Neighborhood Vision Plan until June 13, 2023","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Mosley","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-04-11","mt":"regular","id":"VI-A","ref":"RES 23-79","it":"appointment","t":"Resolution appointing Charles Triber as a member of the Alcoholic Beverage Control Board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Alcoholic Beverage Control Board. Sharon West has resigned as a member of the Alcoholic Beverage Control Board, thus leaving an unexpired term until November 13, 2023. The following individuals applied for the vacancy: David Angelus, Clifford Feingold, William Kop, Charles Triber and Reah Lidowski. The Chair of the Alcoholic Beverage Control Board recommended, and the Boards & Commissions Committee concur, to appoint Charles Triber.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"no material signals","sq":12},{"d":"2023-04-11","mt":"regular","id":"VI-B","ref":"RES 23-80","it":"appointment","t":"Resolution appointing members (incl. Nate Hathaway, CPA seat) to the Audit Committee","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Audit Committee.  Amy Kemp (CPA seat) resigned as a member of the Audit Committee, thus leaving an unexpired term until May 1, 2024. In addition, the term of W. Scott Powell expires on May 1, 2023. The following individuals applied for the vacancy: Nate Hathaway, Simon Lee Karpen and Sandra Frempong. The staff of the Audit Committee recommended, and the Boards & Commissions Committee concurred, to appoint Nate Hathaway and Sandra Frempong.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"no material signals","sq":13},{"d":"2023-04-11","mt":"regular","id":"VI-C","ref":"RES 23-81","it":"appointment","t":"Resolution reappointing Carol Goins as a member of the Civil Service Board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civil Service Board, which has no term limits. The term of Carol Goins, as a member of the Civil Service Board, expires on May 21, 2023. No individual applied for the vacancy. The Boards & Commissions Committee recommended reappointing Carol Goins.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"no material signals","sq":14},{"d":"2023-04-11","mt":"regular","id":"VI-D","ref":"RES 23-82","it":"appointment","t":"Resolution appointing members (incl. John Appleby) to the Mountain Community Capital Fund","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Mountain Community Capital Fund. The terms of Dee Williams and Carl Alguire, as members on the Mountain Community Capital Fund, expired on April 1, 2023. The following individual applied for the vacancy: John Appleby. Staff liaison to the Mountain Community Capital Fund recommended, and the Boards & Commissions Committee concur, to appoint John Appleby and reappoint Mr. Alguire.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"no material signals","sq":15},{"d":"2023-04-11","mt":"regular","id":"VI-E","ref":"RES 23-83","it":"appointment","t":"Resolution appointing Moira Balangue (28806/28728 representative) to the Neighborhood Advisory Committee","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Neighborhood Advisory Committee. Lucious Wilson has resigned as the 28806/28728 representative on the Neighborhood Advisory Committee, thus leaving an unexpired term until July 1, 2025. The following individual was the only one who applied for the 28806/28728 zip code: Moira Balangue. The Chair of the Neighborhood Advisory Committee Committee recommended, and the Boards & Commissions Committee concur, to appoint Moira Balangue.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"no material signals","sq":16},{"d":"2023-04-11","mt":"regular","id":"VII-closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2023-04-11","mt":"regular","id":"VII-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/18LJJ9HkGs_HV0dP7MQ7Y6q0X7YjZ2X5U/view?usp=share_link","mat":0,"mr":"procedural/administrative","sq":18},{"d":"2023-04-25","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held April 6, 2023 and the formal meeting held April 11, 2023","desc":"Background: - In 2020, City Council authorized a three year agreement between the City of Asheville Water  Resources Department and the Mills River Partnership (MRP) for a not-to-exceed amount of  $180,000 ($60,000 per fiscal year; approximately $0.01 per CCF system-wide) to provide  financial support of projects intended to protect and/or improve water quality in the Mills River  Watershed. - The department desires to continue to partner with the MRP to help fund water quality projects in  the Mills River Watershed. - The Water Resources Department is willing to provide cost-share funding for projects that are  directly related to water quality protection and/or improvement. - These activities include selection and installation of Best Management Practices to control  contamination of the river from storm runoff, and educational materials and activities. - The City of Asheville has an ongoing interest in watershed management. Water quality in the  upper watershed continues to be excellent and overall water quality indices have improved during  the past 10 years. - The strategy now is to focus on efforts to protect and improve water quality. - Funding initiatives are to be considered with an understanding of their long-term impact on water  quality. - The level of participation recommended is an amount up to $60,000.00 per fiscal year with the  understanding that funding is project-specific and subject to the appropriation of funds.  Vendor Outreach Efforts: - The Mills River Partnership (MRP) is a not-for-profit organization that addresses water quality in  the Mills River watershed. MRP has a diverse board of directors, with members from the  agricultural community, local governments, and conservation organizations. - Formed in 1998, MRP focuses on educating the local community about water quality issues and  helping farmers and other landowners implement best management practices to control sediment  pollution. - This is a continuation of services with a vendor that has a unique and singular focus, with no  comparable vendors/non-profits. As such, no additional outreach has been conducted.  Committee(s): - None  Pro(s): - Opportunity to partner with the Mills River Partnership to strategically address areas of concern in  the Mills River watershed. - Funding from the City of Asheville could make some water quality projects feasible. - Funding from the City of Asheville could support public education efforts related to water quality  protection. - Projects in the watershed could improve source water and drinking water quality.The City of  Asheville Water Resources Department wants to maximize benefits to water quality.  Con(s): - If the City does not participate in the funding of specific water quality projects, these projects may  not occur and there could be potential negative impacts on water quality.  Fiscal Impact: - The full $180,000 for the three year agreement is currently planned in the Water Resources  Operating Fund for Fiscal Year 2023-24. - The MRP will only be allowed to request a not-to-exceed amount of $60,000 per fiscal year for  the next three years.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-04-25","mt":"regular","id":"B","ref":"RES 23-84","it":"resolution","t":"Resolution authorizing the City Manager to execute a multi-year agreement with Mills River Partnership Inc. for the Mills River Watershed Best Management Practices project","desc":"Background: - In 2020, City Council authorized a three year agreement between the City of Asheville Water  Resources Department and the Mills River Partnership (MRP) for a not-to-exceed amount of  $180,000 ($60,000 per fiscal year; approximately $0.01 per CCF system-wide) to provide  financial support of projects intended to protect and/or improve water quality in the Mills River  Watershed. - The department desires to continue to partner with the MRP to help fund water quality projects in  the Mills River Watershed. - The Water Resources Department is willing to provide cost-share funding for projects that are  directly related to water quality protection and/or improvement. - These activities include selection and installation of Best Management Practices to control  contamination of the river from storm runoff, and educational materials and activities. - The City of Asheville has an ongoing interest in watershed management. Water quality in the  upper watershed continues to be excellent and overall water quality indices have improved during  the past 10 years. - The strategy now is to focus on efforts to protect and improve water quality. - Funding initiatives are to be considered with an understanding of their long-term impact on water  quality. - The level of participation recommended is an amount up to $60,000.00 per fiscal year with the  understanding that funding is project-specific and subject to the appropriation of funds.  Vendor Outreach Efforts: - The Mills River Partnership (MRP) is a not-for-profit organization that addresses water quality in  the Mills River watershed. MRP has a diverse board of directors, with members from the  agricultural community, local governments, and conservation organizations. - Formed in 1998, MRP focuses on educating the local community about water quality issues and  helping farmers and other landowners implement best management practices to control sediment  pollution. - This is a continuation of services with a vendor that has a unique and singular focus, with no  comparable vendors/non-profits. As such, no additional outreach has been conducted.  Committee(s): - None  Pro(s): - Opportunity to partner with the Mills River Partnership to strategically address areas of concern in  the Mills River watershed. - Funding from the City of Asheville could make some water quality projects feasible. - Funding from the City of Asheville could support public education efforts related to water quality  protection. - Projects in the watershed could improve source water and drinking water quality.The City of  Asheville Water Resources Department wants to maximize benefits to water quality.  Con(s): - If the City does not participate in the funding of specific water quality projects, these projects may  not occur and there could be potential negative impacts on water quality.  Fiscal Impact: - The full $180,000 for the three year agreement is currently planned in the Water Resources  Operating Fund for Fiscal Year 2023-24. - The MRP will only be allowed to request a not-to-exceed amount of $60,000 per fiscal year for  the next three years.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-04-25","mt":"regular","id":"C","ref":"RES 23-85","it":"resolution","t":"Resolution authorizing the City Manager to apply for a lead service line replacement grant through the N.C. Dept. of Environmental Quality - Division of Water Infrastructure","desc":"Background: - Water Resources is required to build an inventory of lead or galvanized water service lines and  provide it to the NC Department of Environment Quality (NCDEQ) by October 16, 2024. - Funds awarded through the NCDEQ Division of Infrastructure (DWI) will be used to help identify  both private and public water service lines. - Any lead service lines, lead connections or galvanized service lines will be replaced on both the  public and private side if found during the inspection process. - Funds can be used for replacement of both public and private service lines. - The inventory project will be performed in 100 percent of areas deemed Underserved  Communities by the NCDEQ Community Mapping System and identified as vulnerable by the  city’s Climate Justice Map.  Vendor Outreach Efforts: NA  Committee(s): NA  Pro(s): - Any lead service lines, galvanized lines or lead connectors in the project area will be replaced.  Customers will not have to pay for replacement. - Will help improve the confidence score of service line inventory as required by state and federal  regulations.  Con(s): - If not approved, inventory service line confidence will be lower. - Lead connectors and galvanized lines preceded by lead will remain in the distribution system in  project areas.  Fiscal Impact: - If awarded, this program will provide a $2 million interest free loan with potential principal  forgiveness for water system improvements that are not currently funded or planned. - Matching funds are not required for this program.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-04-25","mt":"regular","id":"D","ref":"RES 23-86","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Appalachian Paving and Concrete for the FY2023 Americans with Disabilities Act ramp project","desc":"Background: - The main scope of the project is the improvement of 24 ADA ramps and associated infrastructure  in the South French Broad Avenue, Livingston Street and Choctaw Street area. - The sites were selected based upon a sidewalk condition survey conducted by City staff. There  were several areas that were found to have clusters of non-compliant maps. - This particular area was selected as being an underserved area. - A project location map is included with this staff report. - The contract was advertised on February 27, 2023 and bids were opened on March 22, 2023. - The following bids were received:   Appalachian Paving and Concrete, Inc. of Swannanoa, NC $205,235.00  Harrison Construction Company of Asheville, NC $433,512.00 - The contract is expected to be available on June 1, 2023, and the contractor has 60 days from  the notice to proceed to complete all work.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring  prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service  providers for subcontracted services. - Staff also checked the City of Asheville List of Certified Businesses, the NC Historically  Underutilized Business Database, and the NCDOT MWBE databases for potential contractors. - Two companies from an identified disparity group (Black American) were found in the ten-county  area and staff directly contacted those companies. - Neither company submitted a bid. - One woman-owned business was also directly contacted and that company submitted a bid. - Two Hispanic-owned businesses were directly contacted and neither company submitted a bid. - 100% of the contract funding will be spent with women-owned businesses. - The pavement striping company is New Dimensions of Fletcher, NC.    \f Committee(s): None  Pro(s): - The award of this contract will improve 24 ADA ramps and their associated infrastructure.  Con(s): - This construction work, although performed via a contractor, will also use City staff administrative  time to ensure the work is properly performed. - The work will be disruptive to pedestrian and vehicular traffic.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the ADA Infrastructure  Improvement allocation in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-04-25","mt":"regular","id":"E","ref":"RES 23-87","it":"resolution","t":"Resolution authorizing the City Manager to apply for a Local Assistance Stormwater Infrastructure Investments grant with the N.C. Dept. of Environmental Quality","desc":"Background: - The Local Assistance for Stormwater Infrastructure Investments (LASII) Program, which is a  competitive grant program administered by Department of Environmental Quality – Division of  Water Infrastructure (NCDEQ-DWI), has approximately $6.3 million remaining from an initial  $24.6 million assigned in 2022 specifically for planning grants. - These planning grant funds can be used to conduct stormwater asset inventory and  assessments, stormwater modeling (hydrologic and hydraulic), and engineering concept plans or  designs. - The funding request limit per entity is $400,000. No match is required, but the State requires an  authorizing resolution from its governing body as a component of the application package. - Although the source of the LASII funds are from the American Rescue Plan Act (ARPA) and the  City received APRA funds from NCDEQ-DWI for its water system, the programs are separated in  the enabling legislation; therefore, the City's ability to receive additional ARPA funds through the  LASII program for stormwater is not impacted if selected. - If the planning grant is awarded, the Public Works Department - Stormwater Division will use the  funds to conduct a Stormwater Asset Inventory and Assessment project.  Committee(s): - N/A  Pro(s): - This is a great opportunity to leverage state grant funds (no match) to move forward with the  capital priority that has been established related to system mapping and infrastructure  assessment. - The integration of the inventory and assessment would support the need for infrastructure  rehabilitation and replacement and also address stakeholder desires for resiliency, equity, and  water quality protection.  Con(s): - This planning grant award will not fund the entire Stormwater Asset Inventory and Assessment  services project, but the grant funds will be directed toward mapping the areas of the stormwater  system that are underserved or in the greatest need. - A small fiscal impact is likely in the form of staff time to administer a contract for Stormwater  Asset Inventory and Assessment services.  Fiscal Impact: - If awarded, the grant would partially offset the cost of a planned project in the Stormwater Fund. - Matching funds are not required for this grant.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-04-25","mt":"regular","id":"F","ref":"RES 23-88","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Swim Club Management Group to add management and operation of the new Grant Center","desc":"Background: - A Request for Proposals, issued in February 2021, was advertised for interested companies to  operate and maintain the two (2) City of Asheville pools and Splashville interactive fountain for  one (1) year with an option to renew for an additional two (2) years. - Swim Club Management Group Inc. was awarded the contract in March 2021 based on the  qualifications, understanding of the scope of services, cost, availability, and the ability to provide   \f all labor, materials, and supplies for the operations and management of the City’s aquatic  facilities. - The original contract amount had a not to exceed amount of $191,000 accounting for one season  of management operations and to ensure the management company could be successful. - On January 11, 2022, City Council approved a resolution to contract with Harper Corp., for the Dr.  Wesley Grant Sr. Center Expansion Project which includes a new swimming pool, which is  scheduled to be open 3 months earlier than originally planned. - The Swim Club Management contract was amended on March 22, 2022 with a revised not to  exceed amount to $506,113, to account for a full three year contract for management of two (2)  pools and Splashville. - This current amendment adds the operation and management of the Grant Center Pool, with a  June 2023 completion, and clarifies roles and responsibilities for the management of the splash  pad.  Vendor Outreach Efforts: - N/A - This is an amendment to an existing contract.  Committee(s): - None  Pro(s): - Contracting with a professional aquatic facilities management company for operations and  maintenance ensures community pools will be operated in a safe, efficient manner and eliminate  the obstacles associated with retaining an adequate number of certified staff. - Reduces the seasonal hiring impacts on the Human Resources Department to recruit, hire and  on-board temporary employees. - Community pool operations will be operated with an adequate number of certified staff for the  pool season. - Allows the Grant Center Pool to operate in the summer of 2023 with the same operational  schedule as Malvern Hills Pool.  Con(s): - None  Fiscal Impact: - Funding for year 3 of this contract, $210,494, is available in the Parks & Recreation operating  budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-04-25","mt":"regular","id":"G","ref":"RES 23-89","it":"resolution","t":"Resolution authorizing the conveyance of City-owned property on Hunt Hill Place to a non-profit organization known as KL Training Solutions","desc":"Background: - The City of Asheville owns real estate at 3 Hunt Hill Place that was previously occupied by the  Asheville Parks and Recreation Asset Management Division. The property is now vacant. - KL Training Solutions has submitted a proposal to utilize the property 3 Hunt Hill Place to house  the My Daddy Taught Me That, My Sistah Taught Me That and My Daddy Taught Me That Jr.  youth development programs. - The City is familiar with the success of My Daddy Taught Me That and its affiliated programs  through its award of CDBG and Strategic Partnership Funds in support of these programs over  the past several years. - KL Training Solutions is requesting the conveyance of the property for $1 for this use. - These programs provide youth with college readiness, mentorship, career training, and  enrichment opportunities and are focused on the needs and opportunities that are most relevant  to youth of low to moderate income. - With the acquisition of this building, My Daddy Taught Me That will be able to continue and  expand its programming to address the opportunity gap for low and moderate income youth,  prevent youth violence through mentoring, provide job training opportunities, and expose youth to  life-changing events. - This site will host educational and mentoring programming, academic enrichment, community  events, and have job training and business preparedness workshops. - The conveyance of the Hunt Hill property for this purpose will provide community development  services and support the City's vision of reducing the educational achievement gap as well as the  United for Youth goal that by 2035, all Asheville City and Buncombe County students graduate  from high school ready and fully prepared to pursue their goals and dreams. - The deed given by the City will include deed restrictions that the property may only be used for  the public use of provision of community development programs and activities by this non-profit. - This shall limit the use of the property to the following: Programs concerned with employment,  economic development, crime prevention, child care, health, drug abuse, education, and welfare  needs of persons of low and moderate income. - The City will grant a shared access easement on its adjacent property to allow access to the rear  of the property. - This easement will be a non-exclusive access easement measuring approximately 4,200 square  feet at the rear of the property located at the existing gated entrance.  Committee(s): - The Housing and Community Development Committee reviewed this item at their meeting on  April 18, 2023 and unanimously (3-0) recommended it move to City Council.  Pro(s): - Property will be used to benefit the community through low and moderate income youth oriented  programming. - Repurposes a former maintenance facility into a community use.  Con(s): - None    \fFiscal Impact: - The City will be compensated $1.00 for the conveyance of this property.","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-04-25","mt":"regular","id":"H","ref":"RES 23-90","it":"resolution","t":"Resolution authorizing the City Manager to enter into a three-year contract with Benevate d/b/a Neighborly Inc. to provide grant management","desc":"Background: - The CED team manages multiple grants and grant contracts, including Strategic Partnership  Funds (approximately $242,000 in grants awarded annually) and both Community Development  Block Grants and HOME grants (approximately $3 million in grants awarded annually), and  requires the appropriate resources to support this work. - Procuring specific grant management software is a top priority of the Community and Economic  Development Department because it will be an essential tool to improve outcomes in the  administration of these important funding programs. - CED currently utilizes, at a minimum, three external software sources to manage grant lifecycles  and associated grantee activities. - This creates departmental bottlenecks and inefficiencies. - A comprehensive grant management software will eliminate these bottlenecks while providing  greater departmental efficiency and strengthening employee capacity. - In order to obtain this software, CED utilized the City’s Request for Proposals (RFP) process, for  which six vendors submitted proposals. - Of the proposals submitted, Benevate dba Neighborly, Inc. was selected as the highest rated  vendor to provide the needed software. - Neighborly was selected due to their Firm Qualification and Corporate Experience, which was  shown by their exemplary performance in providing a reliable and comprehensive grant  management software for many HUD Entitlement Communities across North Carolina as well as  other Entitlement Communities across the United States. - This proposed contract includes an initial three-year term and two one-year renewals.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses in the solicitation process,  which included posting the RFP on the State’s Interactive Purchasing System. - Staff also performed outreach via emailing the Notification of Request for Proposals to possible  MWBE software vendors as provided by the Business Inclusion Office. - No MWBE firms submitted bids and all work will be self performed by the prime contractor.  Pro(s): - Enhance departmental efficiency and strengthen employee capacity. - Streamline processes for grantees throughout end-to-end granting processes. - Improve CED processes through outward-facing transparency. - Remove inefficiencies created by maintaining multiple external software accounts to manage  grants and the grant process.  Con(s): - None.  Fiscal Impact: - The total cost for this initial three-year term is $102,800, broken down as follows: first-year cost of  $47,600; subsequent two years cost of $27,600 each. - The total five year expenditure is not to exceed $150,000. - Funding for this contract is available in the CED operating budget.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-04-25","mt":"regular","id":"I","ref":"ORD 5006","it":"ordinance","t":"Budget amendment from the Federal Transit Administration FY2020-2021 Section 5307 Job Access Reverse Commute funds","desc":"Background: - Annually, the French Broad River Metropolitan Planning Organization (FBRMPO) holds a call for  projects for FTA Section 5307 Job Access Reverse Commute (JARC) and determines how these  funds will be distributed to transit agencies in the region that have applied. - As the “Designated Recipient” the City receives, and then disburses, those funds to transit  subrecipients in the region per the FBRMPO’s approved allocations. - A budget amendment of $30,000 is needed in order to disburse Federal FY 2020-21 FTA Section  5307 JARC funds to Friends of Land of Sky for their Recovery to Career Vanpool Program in the  total amount of $40,000. - Staff previously encumbered $10,000 for this purpose, so $30,000 is what is needed in the  budget amendment for the local match. - The chart below outlines the total amount funded in FY 2020-21 to Friends of Land of Sky, the  Section 5307 JARC subrecipient.   FY 2020-21 Section 5307 JARC Funds   Subrecipient Project Amount Funded Local Match   Friends of Recovery to Career $40,000 $40,000  Land of Sky Vanpool Program   Total $40,000 $40,000  Committee(s): - None  Pro(s): - Project funding is provided by the Federal Transit Administration.  Fiscal Impact: - This pass-through funding requires no City resources and has no fiscal impact; the subrecipient  is responsible for the grant’s required local match.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-04-25","mt":"regular","id":"IV-A","ref":"ORD 5007","it":"public_hearing","t":"Ordinance to conditionally zone 16 Restaurant Court from Office/Business District to Residential Expansion/Conditional Zone","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 16 Restaurant Court from Office/Business District to Residential Expansion/Conditional Zone for the purpose of developing multi-family affordable housing. This public hearing was advertised on April 14 and 21, 2023. - The project site totals 1.31 acres located at 16 and 18 Restaurant Court (PIN 9658-08-2350) - Owner: Mountain Housing Opportunities, Inc.  Summary of Petition:  Project Site - The project site consists of one parcel totalling 1.31 acres located at 16 Restaurant Court. - The site is currently zoned Office Business (OB). - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the  Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - The project site is currently an open vacant lot with tree growth along external property  boundaries. - The open area of the lot is flat with existing retaining walls present along the front west and  eastern boundaries. - The Future Land Use map designates the property as “Urban Corridor” that directly abuts  “Traditional Neighborhood”. - A change in the FLU designation will not be required.   Overall Project Proposal - New building construction includes a 60-unit, four-to-five story multi-family building and one  single-story community amenity building. - Other site improvements include expanded off-street parking, new sidewalks, and outdoor  amenities such as a playground and covered picnic area. - 100% of the units will be affordable at an overall average level below 80% of AMI for a minimum  of 40 years. The developer is targeting a mix of units at 60% to 30% of AMI. - Approximately 20% of the units are designated for youth aging out of foster care.  Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The  maximum building height of the proposed project is approximately 42 feet, as measured to the  ceiling of the highest occupiable floor. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of  the dwelling units are affordable at 80% AMI. - The proposed project’s density is 45.8 units/acre. - Rear yard and side yard setbacks of 15 feet are proposed as is required in the RES EXP district. - Front yard setbacks are requested at 5 feet (where 15 feet is required) as part of the technical  modifications. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. - The proposed project would result in a total impervious area of 53%.  Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and property  line buffers. - The RES EXP district requires a 20 foot-wide “Type A” landscape buffer where the subject  property is adjacent to any other residentially zoned property, which is required along the western  and southern property boundary where the site is adjacent to the RM-6 zoning district. - The project is classified as “urban” under the Tree Canopy Preservation standards and has a  classification of “Class B”. - Based on the proportion of these classifications, the existing tree canopy, and the proposed tree  preservation, a total of 6,055 square feet (10%) of tree canopy preservation is required, which the  project is meeting through preservation on-site. - Open Space is required at a rate of 20% of the site as the project meets the incentive  requirements for affordable housing and enhanced stormwater management, resulting in 0.26  acres of required open space, which the project is providing.  Access, Sidewalks and Parking - Two transit spots located along Tunnel Road at Kenilworth Road are about 0.1 miles from the  site. These locations serve four separate transit routes. The southbound stop is a sign on the  sidewalk. The applicant is seeking guidance on the feasibility of upgrading infrastructure at this  location. - Access to the site will be provided by a new proposed driveway on Restaurant Court. - The project will include a total of approximately 20 standard parking spaces and 8 accessible  spaces. - The minimum number of parking spaces provided will be 20 spaces. - Based on the number of bedrooms and dwelling units, the minimum/maximum number of  required parking spaces is 60/120 for the RES EXP district. - The project is seeking a technical modification for this requirement. - Bicycle parking is required at a rate of five percent of the total number of vehicle parking spaces. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary  access corridor and internally throughout the site. - An existing sidewalk and planting strip is present along Restaurant Court. - The project is proposing new sidewalks varying in width from 5-10’ internal to the site and  connecting to the existing sidewalk along the common building frontage. - The project is seeking technical modifications related to the existing sidewalk and internal  sidewalk requirements.  Technical Modifications - The project is seeking technical modifications to development standards through the conditional  zoning process including:   \f - Front setback of 5 feet where 15 is required.  - Minimum of five foot-wide sidewalks internal to the site instead of the required 10  foot-wide standard.  - Maintain existing sidewalk along Restaurant Court where new 10 foot wide sidewalk is  required.  - No bike lanes into the development, but the developer has agreed to install bike sharrows  on the entrance drive into the development.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive  Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted growth  areas.  - Increase and Diversify the Housing Supply - by increasing the supply of housing,  including affordable housing in proximity to schools, transit and parks.  - Promote the Development and Availability of Affordable and Workforce Housing -  by leveraging city resources for the development and maintenance of subsidized  housing, including housing for low- and moderate-income families and individuals, senior  housing, and workforce housing. - The proposed development is compatible with the Future Land Use designation of \"Urban  Corridor\" that abuts “Traditional Neighborhood”. - Urban Corridor supports “infill redevelopment in the form of mixed-use residential, commercial  and office uses that place emphasis on pedestrian-friendly amenities and infrastructure” and  “multi-modal mobility”.. - Abutting “Traditional Neighborhood”, the project enhances a transition to neighborhoods that  offer opportunities for infill housing in order to improve the supply and mix of housing options.”  Compatibility Analysis: - The proposed multi-family residential project is compatible and provides a transitional element  with the surrounding land uses, including:  - Twelve densely developed housing units to the south along Beaucatcher Road.  - Suburban commercial uses located generally to the east of the project site along Tunnel  Road.  - Single-family houses located further to the west and south of the project site.  Committee(s): - Technical Review Committee (TRC) - March 6, 2023 - approved with conditions. - Planning & Zoning Commision (PZC) - April 5, 2023 - approved (Vote: 4-0) with the following  conditions: 1) bike sharrows be installed on the entrance drive.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, he said (1) 100% affordable housing; (2) Multiple agency and fiscal incentive support in process; (3) One four story main building - 60 residential units. One single-story common amenity building; (4) Off-street parking (20 spaces, 8 Accessible), access via Restaurant Ct a   \fprivately maintained road; (5) Subsurface stormwater and proposed retaining wall; (6) Existing retaining walls maintained; (7) Open space and tree canopy protection; (8) Landscaping, including street trees, parking lot, property line buffer, and building impact; (9) 5’-wide sidewalks throughout the site (req. modification); and (10) Common amenity building, playground and outdoor picnic area. He then reviewed the building elevations. Regarding the conditions (1) All units are designated as affordable (a) 100% of the units will be affordable at an overall average level below 80% of AMI for a minimum of 40 years. The developer is targeting a mix of units at 60% to 30% of AMI; (b) Approximately 20% of units for youth aging out of foster care; and (c) 40 year affordability minimum with permanence as the intent; and (2) Technical modifications: (a) Parking will be provided at a minimum of 20 standard parking spaces and 8 accessible spaces where 60 are required; (b) Parking areas will be located between a portion of the building and the primary access corridor where parking areas are not permitted between the building and the primary access corridor; (c) Sidewalks within the site will be minimum of 5 feet in width where 10-foot width is required; (d) Sidewalks along Restaurant Court will be preserved in current condition at approximately 5-foot width with grass planting strip to back of curb; (e) Front setback will be 5 feet where 15 feet is required; and (f) No bike lanes into the development. He then explained how the project complies with the Living Asheville Comprehensive Plan. The Technical Review Committee reviewed the project on March 6, 2023, and approved with conditions. The Planning & Zoning Commission commission reviewed the project on April 5, 2023, and approved (Vote 4:0). The approval included a condition that bicycle “sharrows” would be added to the access drive off Restaurant Court. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.   Councilwoman Turner pointed out that setbacks are not consistent in the Unified Development Ordinance (UDO) and felt staff should review for possible amendments.   Mr. Mitchell responded to Councilwoman Roney when asked if there was any plan for renewable energy or any plans that would prohibit renewable energy in the future. He explained the Inflation Reduction Act and given MHO’s past performance in adding renewable energy, he felt sure they would take advantage of the tax credits.   There was discussion, initiated by Councilwoman Roney, about not having bike lanes in the development that is so close to transit and has dedicated apartments for youth. City Attorney Branham said that there is a limit on what we can mandate about bike lanes internally, however, Council can amend the UDO to mandate bike lanes internal to the site, or we can incentivize them on a community benefits table.   Director of Real Estate at MHO Geoffrey Barton said they will submit their tax credit application to NCHFA in mid-May and they expect to hear if they were awarded the funds in September. If they are awarded the funds, they hope to begin the project around this time next year.   Mayor Manheimer opened the public hearing at 6:59 p.m., and when no one spoke, she closed the public hearing at 6:59 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2023-04-25","mt":"regular","id":"IV-B","ref":"ORD 5008","it":"public_hearing","t":"Ordinance to rezone properties at 35 Long Shoals Road from RS-2 Residential Single-Family Low Density to Highway Business District","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone properties at 35 Long Shoals Road from RS-2 Residential Single-Family Low Density District to Highway Business District. This public hearing was advertised on April 14 and 21, 2023. - The rezoning petition consists of three properties totalling 5.24 acres located at 35 & 99999 (x2)  Long Shoals Rd (PINs 9644-99-0437, 9644-99-3427, and 9644-99-3772). - Owners: Nancy M. Wright, Karen Renee Holt Fraser Living Trust & Gordon B Fraser Living Trust,  and James L Carswell Living Trust  Summary of Petition: - The applicant requests a rezoning of three properties to the Highway Business (HB) District.  - The Highway Business (HB) District allows for a variety of uses including residential,  institutional, commercial/retail, and office. - The properties are currently zoned Residential Single-Family Low Density (RS-2). - One of the three properties (35 Long Shoals Rd) is currently used as a single-family dwelling. - The other two properties are wooded and vacant. - The subject properties are designated “Urban Corridor” on the city’s Future Land Use (FLU) Map.  - A change in the FLU designation will not be required.  Comprehensive Plan Consistency: - The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan  including:  - Encourage Responsible Growth - by prioritizing growth and development within  designated growth areas.  - Facilitate Real Estate Development that Maximizes Public Benefit - by establishing  accessible and well-connected commercial nodes consistent with strategies outlined in  the plan’s growth areas.  - Create a Sustainable Path to Balanced Budgets - by promoting development in the  growth areas identified in Living Asheville as a way of ensuring new development  maximizes fiscal returns to the city. - The proposed development is compatible with the Future Land Use designation of “Urban  Corridor” which is proposed, in part, as “redevelopment in the form of mixed-use residential,  commercial and office uses that place emphasis on pedestrian-friendly amenities and  infrastructure”. - Highway Business (HB) is cited as an appropriate zoning district within the Urban Corridor Future  Land Use category.  Compatibility Analysis: - The purpose of the Highway Business (HB) zoning district is, “to address the needs of    \f commercial development along major thoroughfares”. - Automobile oriented development is prevalent within this district and a wide range of commercial  uses is permitted. - The proposed rezoning petition is compatible with most of the surrounding land uses, including:  - Highway Business (HB) zoned property to the east along Long Shoals Rd consisting of a  variety of retail and service uses.  - Industrial - Conditional Zoning (IND-CZ) zoned property directly to the south of the  subject properties.  - Residential multi-family developments to the north of the subject properties along Long  Shoals Rd.  - Commercial Business II (CBII) and Residential Expansion - Conditional Zoning (RES  EXP-CZ) zoned properties further to the west along Long Shoals Rd, consisting of  existing retail and service uses, as well as planned multi-family residential uses. - The proposed rezoning petition is slightly incompatible with the adjacent single-family dwellings  zoned Residential Single-Family Low Density (RS-2) and Residential Single-Family High Density  (RS-8) and located directly to the east and southeast of the subject properties.  - The potential for conflict between the existing dwellings and any future use at the  proposed Highway Business (HB) zoned properties is partially mitigated by: 1) The  geometry of the residential lots and the siting of the structures, and 2) Requirements for  properties zoned Highway Business (HB) to provide a 30 foot-wide vegetated buffer  adjacent to properties zoned RS.  Committee(s): - Planning & Zoning Commission (PZC) - April 5, 2023 - Approved, 4:1. - The main concern expressed by the dissenting Commissioner was that the Highway  Business (HB) district allows for a broad array of permitted uses, including drive-thru  facilities, which may not be the right character for this commercial corridor.  Pro(s): - Provides greater development potential along a major thoroughfare seeing a lot of growth and  redevelopment. - Opportunity to create a more uniform character between the eastern and western sections of  Long Shoals Rd.  Con(s): - Potential conflict with adjacent single-family dwellings, which is somewhat mitigated by the  orientation and siting of the residential structures and requirements for vegetated buffers between  HB and RS zoning districts.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. The Planning & Zoning Commission reviewed this rezoning on April 5, 2023, and approved (Vote 4:1). The main concern expressed by the dissenting Commissioner was that the Highway Business (HB) district allows for a broad array of permitted uses, including drive-thru facilities, which may not be the right character for this commercial corridor. Allowable land uses in the HB district include: Residential:    \fsingle-family, duplexes, and multi-family; Institutional: public services, schools; Recreational: community centers, parks; Food/Beverage/Entertainment: restaurants, movie theaters, etc.; Lodging: bed and breakfast inns, homestays; Office: offices, radio and television studios, etc.; Retail/Service: personal services, gasoline sales, grocery stores, motor vehicle sales and service, etc.; Industrial: industrial uses (light), wholesale sales, crematories (accessory to a funeral home); and Other: agriculture, antenna, crematories (animal), live-work units, outdoor storage, parking lots, recycling collection centers, telecommunications, and drive-through facilities. The pros of the rezoning include (1) Provides greater development potential along a major thoroughfare seeing a lot of growth and redevelopment; and (2) Opportunity to create a more uniform character between the eastern and western sections of Long Shoals Rd. A con is the potential conflict with adjacent single-family dwellings, which is somewhat mitigated by the orientation and siting of the residential structures and requirements for vegetated buffers between HB and RS zoning districts. He then reviewed the compatibility analysis (1) Compatible with most of the surrounding land uses, including: (a) Highway Business (HB) zoned property to the east along Long Shoals Rd consisting of a variety of retail and service uses; (b) Industrial - Conditional Zoning (IND-CZ) zoned property directly to the south of the subject properties; (c) Residential multi-family developments to the north of the subject properties along Long Shoals Rd; and (d) Commercial Business II (CBII) and Residential Expansion - Conditional Zoning (RES EXP-CZ) zoned properties further to the west along Long Shoals Rd, consisting of existing retail and service uses, as well as planned multi-family residential uses; and (2) Slightly incompatible with the adjacent single-family dwellings zoned RS-2 and RS-8 and located directly to the east and southeast of the subject properties - The potential for conflict between the existing dwellings and any future use at the proposed Highway Business (HB) zoned properties is partially mitigated by: 1) The geometry of the residential lots and the siting of the structures, and 2) Requirements for properties zoned Highway Business (HB) to provide a 30 foot-wide vegetated buffer adjacent to properties zoned RS. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the rezoning.   Mr. Robert W. Oast Jr., attorney representing the applicant, spoke in support of the rezoning, showing views from the property on Long Shoals Road, development across Long Shoals Road, and development in the surrounding area. He noted that staff and the Planning & Zoning Commission recommended approval, is similar to the zoning and development already in the area, is a 5-lane N.C. Dept. of Transportation road, and is consistent with the Comprehensive Plan.   Mayor Manheimer opened the public hearing at 7:20 p.m., and when no one spoke, she closed the public hearing at 7:20 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":1,"mr":"contested vote","sq":11},{"d":"2023-04-25","mt":"regular","id":"IV-C","ref":"ORD 5009","it":"public_hearing","t":"Ordinance to amend a conditional zoning ordinance (ORD 4953) for properties located at 3124/3130 Sweeten Creek Road","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend a conditional zoning ordinance (Ordinance No. 4953) for properties located at 3124/3130 Sweeten Creek Road for the purpose of making amendments to the site plan. This public hearing was advertised on April 14 and 21, 2023. - The project site totals 7.68 acres located along Sweeten Creek Rd (PINs 9655-33-2749 and  9655-33-0929). - Owner: Fairhaven Summit LLC  Summary of Petition:  Project Site - The project site consists of two properties totalling 7.68 acres located at 3124/3130 Sweeten  Creek Rd and are identified in the Buncombe County land records as PINs 9628-33-2749 and  0929. - The project site is currently a wooded, vacant lot. - The site is currently zoned Residential Expansion - Conditional Zone (RES EXP - CZ) per Ord.  No. 4953. - The project is seeking an amendment to the conditional zoning due to changes in retaining wall  heights, building stories, and other minor site changes. - The retaining wall has a proposed maximum height of 40’, instead of the  previously-approved 20’ maximum height. - Two of the three buildings are proposed at three stories, instead of the  previously-approved 2/4-story design. - The Living Asheville Comprehensive Plan designates the Future Land Use of the project site as  “Residential Neighborhood”. - A change in the FLU designation will not be required.   Overall Project Proposal - New construction includes 77 dwelling units located across three multi-family buildings and a  clubhouse building, as well as off-street parking, a playground, and walking trails. - New building construction is clustered within the front half of the site, leaving the rear half of the  site undistributed. - All units (100%) will be affordable to those earning an average of 60% Area Median Income  (AMI). - The project proposes large retaining walls along the front of the site facing Sweeten Creek Rd,  and to the north of the site facing the adjacent property. - The western retaining wall facing Sweeten Creek Rd is proposed to be 300’ in length,  ranging in height from 0’ to 38’. - The northern retaining wall facing the adjacent property is proposed to be 401’ in length,  ranging in height from 9’ to 38’.   Site Layout and Design - The project site is located in an area of steep slopes and therefore subject to the requirements of  UDO Sec. 7-12-4. Of the 7.68 total acres: - 2.69 acres are located in a Zone A steep slope area (between 2,220’ and 2,349’ in  elevation), with an average natural slope of 21.14%. - 4.98 acres are located in a Zone B steep slope area (above 2,350’ in elevation), with an  average natural slope of 20.77%. - The maximum residential density in steep slope areas for Zone A and Zone B, with an average  natural slope between 20% and 24%, is 11.1 units/acre and 5.6 units/acre, respectively. - Due to a project preserving more than 60% of the Zone B area, there is a 60% density bonus  over the base Zone B residential unit allowance. - For the project site, this results in a maximum of 73 total units allowed: - 25 units in Zone A. - 48 units in Zone B. - The project is seeking a technical modification for 77 total units: - 39 units in Zone A. - 38 units in Zone B. - Maximum building height for multifamily buildings in the RES EXP district is typically 60’. Per  UDO Sec. 7-12-4(g), the maximum height of principal structures in steep slope areas is two  stories (max 30’) on the uphill side of the structure and three stories (max 40’) on the downhill  side of the structure. - Building heights in steep slope areas are measured from the existing grade to the midpoint of the  peak and eave for structures with pitched roofs. - Building 1 (100 Waymond Blvd) is proposed at 3-to-4 stories and 44’-3” tall. Buildings 2 (200  Waymond Blvd) and 3 (300 Waymond Blvd) are proposed at 3 stories and 34’-1” tall. - The clubhouse building (1 Waymond Blvd) is proposed at 1 story. - Front yard, rear yard, and side yard setbacks of 15’ are required in the RES EXP district, with  which the proposed project is compliant. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. - The proposed project would result in a total impervious area of 27.8%.  Landscaping and Open Space - Landscape requirements apply, including street tree, street buffer, property line buffer, building  impact, retaining wall and parking lot landscaping. - The RES EXP district requires a “Type A” landscape buffer where the subject property is adjacent  to any other residentially zoned property. - The project is classified as “suburban” under the Tree Canopy Preservation standards and has a  classification of “Class C”. - The existing canopy coverage (2018) is 100%. - Open Space is required at a rate of 50% of the site, or a rate of 20% of the site if the project  meets the incentive requirements for either enhanced stormwater or affordable housing. - Open space can be further reduced to 15% if the proposed open space meets certain design and  operational standards. - Due to the proposed heights of retaining walls, significant foreground landscaping requirements  exist, as well as requirements that walls over eight feet in height be faced with natural or artificial  stone, brick, form-liner art or patterns, or vegetation.  Access, Sidewalks and Parking - Access to the site will be provided by a new driveway located at the southern end of the project  site. - A total of 135 parking spaces are proposed, with 12 being handicap spaces and 18 being  compact spaces. - Based on the number of bedrooms and dwelling units, the minimum/maximum number of  required parking spaces is 117/194 for the RES EXP district. - 7 bicycle parking spaces are required and provided. - The RES EXP district requires new 10’-wide sidewalks be constructed, both along the primary    \f access corridor and internally throughout the site. - The applicant is requesting a technical modification to install 6’-wide sidewalks  throughout the project and along Sweeten Creek Rd. - Sweeten Creek Rd is maintained by NCDOT and there are plans to widen the roadway,  which would demolish this portion of new sidewalk. - The project may be eligible to pay a fee-in-lieu of constructing this sidewalk segment if it  meets certain criteria.   Technical Modifications - The project is seeking modifications through the conditional zoning process including: - Maximum number and density of residential units in steep slope areas; - Maximum building height and stories for structures in steep slope areas; - Sidewalks less than 10’ in width; - Reduction of Type A landscape buffer; - No bike lanes into the development.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive  Plan, including:  - Encourage Responsible Growth - by prioritizing greater densities of development  overall, throughout the city as appropriate.  - Increase and Diversify the Housing Supply - by increasing the supply of housing,  including affordable housing (pp. 179 & 183) in proximity to schools, transit and parks.  - Promote Great Architecture and Urban Design to Enhance Placemaking - by utilizing  creative design solutions which minimize impacts to the natural environment such as  natural open space and steep topography. - The proposed development is compatible with the Future Land Use designation of “Residential  Neighborhood” which is proposed, in part, that “residential neighborhoods can benefit from  having more housing diversity such as accessory apartments, duplexes and other types of small  scale infill housing”.  Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land uses,  including:  - Multi-family residential developments to the north (Pine Ridge Apartments) and the south  (Kensington Place Apartments).  - Suburban commercial uses to the west of the site along Sweeten Creek Rd and  Hendersonville Rd.  Committee(s): - Technical Review Committee (TRC) - March 20, 2023 - approved with conditions. - Planning & Zoning Commission (PZC) - April 5, 2023 - approved (Vote 3:2) with the following  conditions: 1) That the applicant will conduct a traffic study and implement any required  improvements identified in the study; and, 2) That the applicant work with City Transportation staff  and the NCDOT to study the feasibility of installing crosswalks at the intersection of Sweeten  Creek and Mills Gap Roads. - The main concern expressed by the dissenting Commissioners is the proposed height of  the retaining wall, especially the portion that faces Sweeten Creek Rd. - Housing and Community Development Council Committee (HCD) - April 18, 2023 -  recommended approval of a $500,000 Housing Trust Fund Loan to City Council (Vote 3-0). - Housing and Community Development Council Committee (HCD) - April 18, 2023 -  recommended approval of a $1,018,132 Land Use Incentive Grant to City Council (Vote 3-0).  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, he said there are (1) three new, multi-family buildings and clubhouse; (2) 77 affordable housing units; (3) New driveway on Sweeten Creek Rd; (4) 135 parking spaces total; (5) Sidewalks: 6’-wide with 19’-wide planting strip on Sweeten Creek Rd, 6’-wide internal sidewalks; (6) Landscaping and Open Space Standards; (7) Tree Canopy Preservation standards met on-site; and (8) Retaining walls 0 to 38’ in height. He then reviewed the grading plan, along with building elevations. Regarding conditions: - All 77 units (100%) will be designated affordable for a minimum of 31 years to those earning an  average of 60% AMI. - Technical modifications:  - 6’-wide sidewalks instead of the required 10’-wide standard.  - No bike lanes into the development.  - Reduction of Type A landscape buffer to allow access to adjacent property.  - Building stories in excess of the maximum allowed in steep slope areas (2 stories on uphill  side and 3 stories on the downhill side allowed by-right):  - Building 1 - Proposed 3/4 stories  - Building 2 - Proposed 3 stories  - Building 3 - Proposed 3 stories  - Building height in excess of the maximum allowed in steep slope areas (30’ on uphill side  and 40’ on downhill) as defined in UDO Sec. 7-12-4(g) and not to exceed 50’ as measured  from existing grade to the midpoint of the peak and eave for structures with pitched roofs.  - Residential density in excess of the maximum allowed in steep slope areas:  - 77 total units proposed (73 total units allowed by-right)  - 39 units proposed in the “Zone A” steep slope area (25 units allowed by-right)   The Technical Review Committee reviewed the project on March 20, 2023, and approved with conditions. The Planning & Zoning Commission reviewed this on April 5, 2023, and approved (Vote 3:2) with the following conditions: 1) That the applicant will conduct a traffic study and implement any required improvements identified in the study; and, 2) That the applicant work with City Transportation staff and the NCDOT to study the feasibility of installing crosswalks at the intersection of Sweeten Creek and Mills Gap Roads. The main concern expressed by the dissenting Commissioners is the proposed height of the retaining wall, especially the portion that faces Sweeten Creek Rd.. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.   Councilwoman Roney looked forward to a deeper conversation regarding bike lanes and the overall transportation goals, especially since we have plans in place, i.e., Metropolitan Planning Organization project on Sweeten Creek Road infrastructure, the GAP, the Living Asheville Comprehensive Plan, and the Complete Streets Policy. Mr. Palmquist said that Planning staff will work with the transportation staff in reviewing the multi-modal and GAP plans to evaluate whether bike lanes are appropriate.   City Attorney Branham cautioned Council that the request before them is only an amendment to   \fan already approved conditional zoning, which original plan did not have bike lanes. Council only has authority to review the changes to the site plan before them, which are (1) The retaining wall has a proposed maximum height of 40’, instead of the previously-approved 20’ maximum height; and (2) Two of the three buildings are proposed at three stories, instead of the previously-approved 2/4-story design.   In response to Councilwoman Roney regarding renewable energy, Mr. Palmquit said that he has met with the applicants to explore them in detail, and they do have electrical conduits being built to accommodate solar panels.   Mayor Manheimer opened the public hearing at 7:44 p.m.   Timothy Sadler suggested a public art mural on the retaining wall.   Mayor Manheimer closed the public hearing at 7:45 p.m.   In response to Councilwoman Roney, Mr. Shawn Brady, with Commonwealth Development Corporation, said that they would be open to working with staff to identify local artists for a mural on the retaining wall. He explained the need for the amendments and hoped to start construction in July.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2023-04-25","mt":"regular","id":"IV-D","ref":"ORD 5010","it":"public_hearing","t":"Ordinance to amend the Unified Development Ordinance to update the table of uses to allow cat cafes in more commercial zoning districts","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the Unified Development Ordinance to update the Table of Uses to allow the use of “cat cafes” in more commercial zoning districts and related adjustments to the Table of Uses. This public hearing was advertised on April 14 and 21, 2023.  Background: - Cat cafés are defined as “premises used to house or contain homeless, orphaned, or unwanted  cats and that is owned, operated, or maintained by an organization that is licensed by the State   \f as an animal shelter and devoted to the welfare, protection, and humane treatment of animals for  the purpose of adoption, and which incorporates retail sales to support the interaction of patrons  with cats, such as a café, bookshop, or other permitted use.” - Cat cafés are currently only allowed as a permitted use in the CBD zoning district. - A request was received from a business owner seeking to open a cat café in the Haywood Rd  Corridor district (HR-3). - This amendment would allow cat cafés in zoning districts that currently allow eating/drinking  establishments, including: NB, OFF I, OFF II, OB, CBI, CBII, NCD, HB, RB, CI, RSRT, INST, RIV,  URD, UV, UP, ARPT, CBD EXP, COM EXP, HR-1, HR-2, HR-3, HR-4, HR-6, HR-7, RAD-LYH,  RAD-NT, RAD-SHP, RAD-RIV, and RAD-IND.  Comprehensive Plan Consistency: - This proposal supports a number of goals in the Living Asheville Comprehensive Plan, including: - Promote Small and Independent Business, Entrepreneurship and the Maker  Economy - by evaluating land use policies to ensure that zoning regulations support  small business growth and a local maker-based economy. - Facilitate Real Estate Development that Maximizes Public Benefit - by ensuring all  necessary land use types are provided for.  Council Goal(s): - This project is most closely aligned with the council goal of A Well-Planned and Livable  Community.  Committees: - Planning & Zoning Commission (PZC) - April 5, 2023 - Approved, 5:0.  Pros: - Allows cat cafés to operate as a permitted use in more commercial districts of the city. - Provides more opportunities for cat adoption by city residents and visitors in a commercial  establishment such as a café or bookstore which also provides neighborhood-serving retail  services.  Cons: - None identified.  Staff Recommendation: - Staff recommends approval of this zoning text amendment request based on the reasons stated  above.   Mr. Palmquist reviewed the background and proposed amendments as follows: (1) Cat cafés are defined as “premises used to house or contain homeless, orphaned, or unwanted cats and that is owned, operated, or maintained by an organization that is licensed by the State as an animal shelter and devoted to the welfare, protection, and humane treatment of animals for the purpose of adoption, and which incorporates retail sales to support the interaction of patrons with cats, such as a café, bookshop, or other permitted use.”; (2) Cat cafés are currently only allowed as a permitted use in the CBD zoning district; (3) A request was received from a business owner seeking to open a cat café in the Haywood Rd Corridor district (HR-3); and (4) This amendment would allow cat cafés in zoning districts that currently allow eating/drinking establishments, including: NB, OFF I, OFF II, OB, CBI, CBII, NCD, HB, RB, CI, RSRT, INST, RIV, URD, UV, UP, ARPT, CBD EXP, COM EXP, HR-1, HR-2, HR-3, HR-4, HR-6, HR-7, RAD-LYH, RAD-NT, RAD-SHP, RAD-RIV, and RAD-IND. The Planning & Zoning Commission voted unanimously to approve the amendment. The pros are (1) Allows cat cafés to operate as a permitted use in more commercial districts of the city; and (2) Provides more opportunities for cat adoption by city residents and visitors in a commercial establishment such as a café or bookstore which also provides neighborhood-serving retail services. He then explained how the amendment supports a number of goals   \fin the Living Asheville Comprehensive Plan. Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment.   Mayor Manheimer opened the public hearing at 7:57 p.m., and when no one spoke, she closed the public hearing at 7:57 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2023-04-25","mt":"regular","id":"J","ref":"RES 23-91","it":"resolution","t":"Resolution authorizing the City Manager to execute a construction contract with NHM Constructors, LLC, for the New Leicester Highway sidewalk construction project","desc":"Background: - Council Resolution 15-223 authorized an interlocal agreement between the City of Asheville and  the NC Dept. of Transportation to allow for the City of Asheville to construct a sidewalk along New  Leicester Highway from Patton Avenue to the City Limits. - This 2015 Grant provides for federal funding of $2,904,000 plus a local match of $726,000 for a  total construction budget of $3,630,000. - Council Resolution 16-270 authorized for the execution of a design contract for the subject  sidewalk along New Leicester Highway. - Council Resolution 20-135 authorizes an interlocal agreement between the City of Asheville and  Buncombe County regarding the maintenance of a portion of the subject sidewalk. - Temporary and permanent easements from 25 different property owners were obtained in order  to allow for the construction of the subject sidewalk. - In February, 2023 construction bids were advertised for 45 days, and only one bid was received. - Because a minimum of three bids are required, the bid was returned unopened. - The project was readvertised for bids on March 22, 2023 and received two bids on April 6, 2023. - The two bids received were from Whittier, NC based Buchannan and Sons for $3,626,000; and  Asheville based NHM Constructors, LLC for $2,209,905.  Vendor Outreach Efforts: - Due to the federal funding involved in this project, the Federal Disadvantaged Business  Enterprises program is being applied. The federally established goal for this project is 3%  participation. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring  prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service  providers for subcontracted services. - NHM Constructors, through their outreach efforts is committing to utilizing 26.77% participation  utilizing Concrete Specialty Contractors, a DBE/WBE subcontractor.  Committee(s): - n/a  Pro(s): - Provides for sidewalk construction in an area with a demonstrated need for safe pedestrian  access. - Utilizes federal funded grant dollars to maximize the local funding.  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects  Fund.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-04-25","mt":"regular","id":"V-A-fees","ref":"ORD 5011","it":"ordinance","t":"Ordinance establishing FY2023-24 fees and charges for the Water Resources Department","desc":"Budget Director Taylor Floyd said that this is the consideration of adopting an ordinance establishing Fiscal Year (FY) 2023-24 fees and charges for the Water Resources Department.  Background: - Fees and charges comprise 35% of City-wide revenue and 10% of General Fund revenue. - A detailed information for fee adjustments under consideration for FY 2023-24, including impacts  on revenues, customers, and service provision was provided. - Information on Water Fund fees and charges was provided at the following meetings: - February 14, 2023 (Policy, Finance and Human Resources Committee): Overview of  significant changes to fees and charges under consideration. - March 14, 2023 (Policy, Finance and Human Resources Committee): Review of staff  recommended changes to fees and charges. - March 23, 2023 (City Council Agenda Briefing): Information comparing the Water Fund’s  fees and fee structure to benchmarked peer systems provided. - March 28, 2023 (City Council Regular Meeting): Formal presentation of recommended  changes to fees and charges. Recommendations other than for the Water Fund were  approved, additional information was requested for Water Fund changes. - April 11, 2023 (City Council Budget Work Session): Additional follow up on Water  Resources. - Recommended fee adjustments will become effective July 1, 2023. - Typical household impact of major fee changes proposed for FY24 are below. Changes to solid  waste and stormwater fees were previously approved by City Council at the March 28, 2023  meeting.   Fee Bi-Monthly Bill Increase FY24 Annual Increase   Solid Waste $ 2.00 $ 12.00   Stormwater (Tier 2) $ 1.76 $ 10.58    \f Water (6 CCFs/month) $ 7.13 $ 42.78   Total $ 10.89 $ 65.36  Fiscal Impact: - The fiscal impacts of proposed changes are shown in the attachment provided to Council.   Mr. Taylor summarized (1) Challenging to maintain current level of service without recommended fee increases; (2) Difficult for staff to assess impact of substantial changes to rates and structure; and (3) Additional fee adjustments can be made before the next budget development cycle. Recommended water fee changes include (1) An increase in base fees charged to customers according to meter size; (2) An increase in consumption fees charged to customers based on the volume of water used; (3) An increase in hydrant meter rental deposits; and (4) An increase in the billing charge for MSD. He reviewed the impact of the fee changes on a typical household, along with the expense summary for the Water Fund. Planned service enhancements include (1) Additional maintenance crew; (2) Staffing to enhance night coverage at water treatment plants; (3) Staffing to improve critical communication and customer engagement; (4) Customer service staff to support meter project transition; and (5) Continue to recover lost revenue from loss of capital fee in FY 19-20. The Estimated Total is $1,119,000. He then reviewed the Water Resources revenue options. The rate model study/update for the scope is (1) Define cost of service by functional area (e.g., production, distribution); (2) Assess rate structure and make recommendations for an equitable and functional rate model; and (3) Incorporate changes into updated financial planning model. The anticipated study completion of fall 2023. The impact on long term needs and debt include (1) Continued capital investment in water infrastructure is critical to maintaining the production and distribution systems; (2) Water debt rating reliant on sound financial planning; and (3) Likely to issue debt for meter project in FY24, which will require Local Government Commission approval.. He requested action is adoption of an ordinance establishing FY 2023-24 fees and charges for the Water Resources Department as recommended.   Councilwoman Ullman was interested in seeing a fair and balanced rate structure between residential and commercial users. She supported moving forward with adopting these fees and charges now and revisiting it again when we have the rate study completed in the fall, with a lens of changing the rate structure in January 2024.","c":"Environment & Sustainability","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":1,"mr":"contested vote","sq":14},{"d":"2023-04-25","mt":"regular","id":"V-A-rate","ref":"","it":"motion","t":"Motion directing the City Manager to bring back a proposal to update the water rate structure after the rate study is completed on a January 2024 timeline","desc":"","c":"Utilities & Infrastructure","mo":"individual","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":0,"mr":"no material signals","sq":15},{"d":"2023-04-25","mt":"regular","id":"VI-A","ref":"","it":"resolution","t":"Resolution approving Housing Trust Fund allocations of $4,387,850 for four development projects (239 units)","desc":"","c":"Housing","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2023-04-25","mt":"regular","id":"VI-B","ref":"RES 23-93","it":"resolution","t":"Resolution No. 23-93 approving Strategic Partnership Grant Program awards and authorizing City Manager to execute grant agreements","desc":"Economic Development Specialist Rachel Taylor said that this is the consideration of a resolution to approve the recommendations for Strategic Partnership Grant Program awards and authorization for the City Manager to execute grant agreements.    \f  Background: - During the January 17, 2023 Equity and Engagement Committee (EEC) meeting, staff received  confirmation to maintain the direction of the pilot grant program using Strategic Partnership Funds  (SPF) to address the opportunity gap for low to moderate income school-aged youth. - A $35,000 award minimum was established to maximize community benefit. - Applications for the SPF Grant Program were accepted February 22- March 31, 2023. - 23 applications from qualified agencies were received. - On Thursday, April 13 the EEC Committee and Evaluation Panel heard presentations from  applicant agencies to receive additional details about each of the grant proposals. - The Evaluation Committee consisted of the following individuals: - Heather Curry, Budget Analyst-Finance Department, City of Asheville - Nicole Cush, Principal-School of Inquiry and Life Sciences at Asheville (SILSA) - JeWana Grier-McEachin, Executive Director, Asheville Buncombe Institute of Parity  Achievement - Marcus Kirkman-Equity and Inclusion Consultant-Equity and Inclusion Department, City  of Asheville - Alex Mitchiner-Workforce Programs Coordinator/CAYLA Program Director-Community  and Economic Development Department, City of Asheville - Reggie Richardson-Executive Director-My Brothers House/Consultant - Alayna Schmidt-Equity and Inclusion Consultant-Equity and Inclusion Department, City of  Asheville - Amy Weisner-Educator-Buncombe County Early and Middle College; Previously  Buncombe County and Asheville City Schools - On April 18, 2023 the EEC Committee reviewed recommendations from the Evaluation  Committee and recommended funding six (6) agencies for a total grant award of $356,209. - The EEC Committee’s recommendations are included as part of the suggested City Council  motion below. - The intent of the grant program is to act on recommendations informed from the pilot program  process and continue to provide funding while on-going improvements are made to the grant  program. - The program will be reviewed by the Equity and Engagement Committee with any additional  improvements and recommendations implemented year-over-year while continuing to issue grant  awards.  Committee(s): - On April 18, 2023 the Equity and Engagement Committee reviewed the Evaluation Committee’s  recommendations and made funding recommendations for full City Council consideration. - The Committee unanimously approved (3-0) the Evaluation Committee’s recommendations and  requested staff come back following the conclusion of the pilot agreements with another round of  funding consideration later this calendar year.  Pro(s): - Additional resources available in summer 2023 to help address the opportunity gap and provide  programming for school-aged youth. - Opportunity to test recommendations based on feedback from the grant pilot. - Enhanced community impact with $35,000 minimum per grant award.  Con(s): - Reporting and agreement from the pilot are not yet finalized, resulting in information gaps related  to reporting, impacts/outcomes, and the total amount of funds available.  Fiscal Impact: - A total of $577,500 will be available to support the Strategic Partnership Program in Fiscal Year  (FY) 2023-24, including $335,500 unused from previous fiscal years and a $242,000 allocation  currently planned in the FY 2023-24 budget. - Should the City Council authorize funding the full $356,209 recommended as part of the Strategic  Partnership Grant program, the Strategic Partnership Program will have a remaining balance of  $221,291 that will be used for future grants.   Ms. Taylor reviewed with Council the key takeaways from this presentation: (1) 23 applications were received between February 22 and March 31 for the Strategic Partnership Grant Program to address the opportunity gap for low to moderate income school-aged youth; (2) Presentations from applicant agencies were heard on April 13 followed by finalized funding recommendations from the Evaluation Panel; (3) On April 18, the Equity and Engagement Committee reviewed recommendations from the Evaluation Panel and made final recommendations to fund six (6) agencies at a total of $356,209; and (4) City Council is being asked to review and consider approval of the Equity and Engagement Committee’s funding recommendations at the April 25th meeting. She said the staff incorporated lessons learned from the pilot and will continue to refine the grant program through additional research and stakeholder engagement. The scope remained consistent to address impacts of the opportunity gap by supporting low to moderate income school-aged youth. Staff streamlined communications and administrative requirements by updating the application process and increased award minimum to $35,000 per program. Staff then provided award recommendations based on full-funding for requests as follows:   Current Strategic Partnership Grant Program Balance (General Fund)  Grant Program Balance - June 2022 $711,000  Total Pilot Grant Award - July 2022 -$375,500  Grant Program Balance - August 2022 $335,500  Anticipated FY 2023-2024 Budget Allocation* $242,000  Projected Grant Program Balance - July 2023 $577,500 Estimated based on allocations from prior fiscal years.   Regarding the Equity & Engagement Committee funding recommendations, 23 applications were received; and applications were scored based on each program’s demonstrated ability to address the opportunity gap for school aged youth, the ability to track and measure results, available resources and capacity to carry out the project, and a workable budget to support the program. Below are the recommendations:   Program Agency Recommended    \f Funding  All Aboard! Community Literacy Training Read to Succeed of Asheville/Buncombe $40,000.00  To & Through College Access and Completion Initiative OpenDoors Asheville $126,209.00  HOPE 4 the Future Summer Program Umoja Health, Wellness, & Justice Collective $60,000.00  Providing the I/DD Community with Supports and Resources The Arc of Buncombe County $50,000.00  Project Lighten Up Summer Learning Academy Getting Back to the Basics $35,000.00  Black Wall Street Jr - Making Education Actionable in Asheville Black Wall Street AVL $45,000.00  Total Grant Award Recommendation $356,209   Councilwoman Roney understood that there are so many needs in our community and not enough funding so we need to find more funding and more partnerships. She understood that when we partially fund an organization, they can use those partnership funds to leverage other funding. She said that there is $221,291 remaining in the Strategic Partnership Program from unused pilot programs and supported using those funds to partially fund other organizations in the 2nd tier now while working to pursue additional funding for next year.   Councilwoman Turner has worked on the strategic partnership grant funding program for three years and was disappointed that each year there is clearly not enough money to provide to our great organizations. She wished we could fund them all.   Councilwoman Smith explained some reasons why the pilot programs could not take advantage of the funds awarded, i.e., invoice schedule or not enough supporting documentation for approval. Those programs are doing the work, but they don’t have the cash flow to make up front and ask for reimbursement. She suggested we look at our invoicing process and help smaller businesses with cash flow issues.   When Mayor Manheimer asked for public comments, none were received.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Economic Development","mo":"individual","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/148fKD7DZ3KR9Uch6tlRg6IJC7e4XpC3h/view?usp=share_link","mat":1,"mr":"involves money or contract","sq":17},{"d":"2023-05-09","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held April 20, 2023 and the formal meeting held April 25, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-05-09","mt":"regular","id":"B","ref":"RES 23-94","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Hazen and Sawyer for engineering services associated with South Buncombe pump station","desc":"Background: - The Water Resources Department has prioritized this water system improvement project for the current fiscal year and is seeking engineering design and project management assistance for this project. - The project was identified as a needed improvement in the latest, 2019 Water System Master Plan - The project includes construction of a new South Buncombe Pump Station at a different location than the existing pump station, removal of the existing South Buncombe Pump Station, piping changes to the South Buncombe Water Storage Tank and tank yard, addition of a control valve and potential replacement of up to 10’000 feet of 12-inch water main along Sweeten Creek Rd. - The project will improve pumping capacities while simultaneously reducing pump energy requirements and operations cost; resolve access issues; provide a hydraulic buffer for pump surges in order to eliminate pressure spikes within the zone which will reduce line breaks, reduce pressures in areas where higher system pressure is not required, provide better control of inflows and outflows at South Buncombe Water Storage tank and allow Operations to more efficiently balance the water system distribution. Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020 the City of Asheville selected four consulting firms to provide on-call professional services for Water Distribution and Storage Projects. - Hazen and Sawyer was one of the selected firms due to their expertise in areas of water distribution projects, water system analysis and project development. - The City of Asheville entered into a master agreement with Hazen and Sawyer on September 28, 2020 for on-call professional services for Water Distribution and Storage Projects valid for three years with the option to renew for two additional years. - If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Water Distribution and Storage Projects was the best method to deliver this project and Hazen and Sawyer was specifically qualified to provide the required engineering services. - No other vendor outreach was performed.  Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. - Hazen and Sawyer have successfully provided engineering services for other water system improvement projects. - Their experience with this water system and expertise in water distribution projects will lead to a successful project with lesser negative impacts to customers and the City’s water system. Con(s): - Failure to award an engineering services contract would prevent the Water Resources Department from completing the water system capital improvement project in a timely manner and delay the needed replacement of a portion of the existing water system Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-05-09","mt":"regular","id":"C","ref":"RES 23-95","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement with Buncombe County for City of Asheville food scraps drop-off","desc":"Background: - The City and County’s joint Food Scraps Drop-Off program is a strategy for the City to make progress on municipal waste reduction highlighted in activity 17 in the Municipal Climate Action Plan and Food Policy Action Plan. - Food Scraps Drop-Off pilot program was launched in September 2021 at 1 site and has expanded, in collaboration with Buncombe County, to include 6 sites located within the City of Asheville and 2 sites in Buncombe County. - To date, 160 tons of food scraps have been diverted from the landfill. - 2,300 households have registered for program participation. - The City and County have both received grants to launch and expand the pilot program for the past two years and are now seeking to operationalize the program management through more formal collaboration. - Joint program management will reduce staff work required for program administration due to Buncombe County holding one contract with the vendor. - The interlocal agreement with Buncombe County is the proposed instrument that enables the City and County to co-manage and equally co-fund hauling services to support Food Scraps Drop-Off program operations. - The interlocal agreement will allow the City and County to evenly split the cost to collect and haul food scraps at drop-off sites within city limits. - The duration of this agreement will be up to 5 years provided conditions of agreement remain the same. Vendor Outreach Efforts: - Vendor outreach will be conducted by Buncombe County as the lead contract administrator. City staff will provide a list of registered MWBE vendors to Buncombe County and to the current hauling vendor for subcontracting opportunities  Committee(s): - Environment and Safety Council Committee, April 25, 2023, voted 3-0 to recommend to the full City Council adoption of a resolution authorizing the City Manager to enter into an Interlocal Agreement with Buncombe County for City of Asheville Food Scraps drop-Off program co-management. Pro(s): - Diverts organic matter away from landfill avoiding greenhouse gas (GHG) emissions - Contributes to City’s waste reduction goal, climate emergency declaration and food policy action plan - Supports implementation of the City’s Municipal Climate Action Plan - Expands access to composting for residents in multifamily housing and those who experience challenges with bear activity Con(s): - Driving food scraps to drop-off locations generates vehicle carbon emissions Fiscal Impact: - For the first year of the agreement, the City will contribute 50% of hauling fees for food scraps drop-off sites located within Asheville City limits not to exceed $15,000 in FY24 - The Sustainability adopted operating budget for the current fiscal year includes $15,000 to manage and implement the Food Scraps Drop-Off program.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-05-09","mt":"regular","id":"D","ref":"RES 23-96 / ORD 5012","it":"resolution","t":"Resolution authorizing the City Manager to receive grant funds from the N.C. Homeland Security Grant Program to replace an existing antenna, and related budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-05-09","mt":"regular","id":"E","ref":"RES 23-97","it":"resolution","t":"Resolution authorizing the City Manager to renew a 5-year contract with RecTrac LLC (d/b/a Vermont Systems) for parks and recreation software","desc":"Background: - RecTrac software is used by the Parks and Recreation Department for Point-of-Sale (POS) transactions, event scheduling and ticketing, and venue reservations. - The software provides the necessary tools for the Parks and Recreation Department to manage daily operations that include registration, rentals, memberships, donations, athletic leagues, ticketing, and electronic signature forms. - The Parks and Recreation Department has been using this software since 2005, and the database and server have been maintained and updated by the I.T. Services Department on-premise. Vendor Outreach Efforts: - Vendor Outreach: RFP 298-APRMGTSOFTFY23 was posted on October 21, 2022. - There were nine responses: SmartRec; CivicPlus; CommunityPass (aka Capturepoint); Kaizen Labs; Intelligenz; RecTrac; Rec Desk; Univerus; Xplor Recreation. - One (1) ABI vendor submitted a proposal and was interviewed (Xplor Recreation). - The vendor was not selected due to the software not being as robust or offering a level of customer experience we are able to offer with RecTrac. - RecTrac, LLC, DBA: Vermont Systems was selected. - The review committee awarded this vendor largely due to its robust ability to handle complex tasks, reporting, and continuous enhancements.  Committee(s): - N/A Pro(s): - The new 5-year contract with Vermont Systems’ RecTrac software provides a fully hosted product (Software as a service). - This allows for better security, data backup, and disaster recovery. Also, Vermont Systems’ RecTrac software offers PCI-compliant credit card processing. - RecTrac software provides the following functionality for the City: - Activity Registration – interface for staff setup and customer navigation/registration for programs. - Facility Reservation – to reserve a variety of facilities and shelters in person and online. - Membership Management – the ability to create a variety of memberships; sell memberships and/or key fobs for checking in. - Point-of-Sales – the ability to sell quick items and manage inventory. - Athletic League Management– the ability to set up registrations by team or individual. - Credit Card Processing (PCI-compliant) – provides PayTrac/WorldPay, a vendor-provided credit card processing gateway, for facilities, activities, and point-of-sale items. - Reporting/Financial Accounting – provides customizable reports that can be saved, emailed, or exported. The vendor developed GL interface report imports into the city’s financial software Tyler Solutions - Munis. - Email/SMS – the ability to automatically send out emails and SMS messages to registered participants. Con(s): - Funding is only available for the first year. - Future years will be planned for during the annual budget development process. Fiscal Impact: - Funding for the first year of this contract ($33,683) is available in the Parks and Recreation Department operating budget. - The total amount for the entire five year contract term is $170,939.43. - Future years will be planned for during the annual budget development process.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-05-09","mt":"regular","id":"F","ref":"RES 23-98","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Patton Construction Group for the Memorial Stadium project","desc":"Background: - Memorial Stadium and Mountainside Park improvements were listed on the November 2016 Parks Bond Referendum. - The planned improvements were clearly defined by Asheville City Council on March 22, 2022. General scope items include: - New 6 lane, synthetic surface track (retaining wall required to accommodate maintenance road). - Remove and replace existing restroom building; remove existing concession building. - Improvements to the existing playground. - Install a new walking trail in Mountainside Park which transitions to a shared maintenance drive/walking trail connecting to the paved parking lot. - Remove western metal bleachers. Explore options for temporary seating in this location. (Which may include the construction of a concrete pad). - Excluded from the scope of Phase 2 are any physical improvements to the existing parking lot or work associated with relocating asset management from Hunt Hill. - This construction phase is anticipated to begin summer 2023 with 12 months of construction. - Bids were initially advertised on February 28, 2023. - Zero bids were received at the bid opening deadline on March 30, 2023. - The City could not open due to city policy and general statues. - The project was readvertised on April 5, 2023, and the City received and opened bids on April 20, 2023. - Three bids were submitted, their names and bid amounts are listed below: - Patton Construction Group, Asheville, NC, $4,095,500.00 - SIMCON Company LLC, Mount Airy, NC $4,695,000 - Hickory Construction Company, Hickory, NC $4,699,000 - Patton Construction Group was the lowest responsive, responsible bidder.  Vendor Outreach Efforts: - ABI goal of 4.6% of the construction contract to go to Black, Asian or Native American contractors. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Women Owned Business subcontractors are being contracted for this work and are anticipated to complete 3.5% of the total work. - The general contractor is encouraged to continue to use inclusive business practices if additional subcontractors are utilized.  Committee(s): - City Council reviewed and voted on 3/22/2022 to move forward with the Mountainside and Memorial Park improvements. Pro(s): - Benefits of these park improvements include opportunities for hosting new track events, community health and fitness and responding to community needs and prior commitments. Con(s): - Removing and relocating turf and stormwater that was recently installed. - Potential adverse impacts of increased traffic and parking conflicts within the neighborhood during track events. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-05-09","mt":"regular","id":"G","ref":"RES 23-99","it":"resolution","t":"Resolution authorizing the City Manager to execute a design contract with ADC Engineering Inc. for the Nature Center Gateway project","desc":"Background: - Phase I improvements for the Nature Center Gateway to the Southern Appalachians Project were completed in 2018 with the entry and visitor plaza center being relocated and included parking and drop off drive for a complete arrival experience. - This phase of the project was kicked off in 2019 as the Nature Center Butterfly Garden Project. - With additional funding from the Tourism Product Development Fund (TPDF), the Nature Center has been able to expand the scope of this project phase to include additional improvements such as a new 800 square foot gift shop. - General scope items include the design of a new gift shop, barn updates and modifications, reconfiguration of the domestic farm animal exhibit, removal of the elephant care building, new open guest plaza/lawn, retaining wall work, and a butterfly exhibit including native plantings. - A Request for Qualifications was published on January 19, 2023 - Responsive qualifications were received on February 15, 2023, from three teams: - ADC Engineering, Greenville, SC - Surface 678, PA Durham, NC - Szostak Design, Chapel Hill, NC - Qualifications were reviewed and ranked by an internal team who determined that ADC Engineering, Inc. was the most qualified candidate. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted qualifications or letters of interest for this phase of the project. Further efforts will be made with the future construction phase.  Committee(s): - None. Pro(s): - Increased attendance and increased revenues to help offset operating costs at the Nature Center. - Increase programming for after hours events. - Animal welfare will be improved with different ground surfaces and inclines. - Continuing to fulfill the 2010 Nature Center master plan “Vision for the Future.” - Additional educational opportunities. Con(s): - Existing facility and guest/animal impacts during construction. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Economic Development","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-05-09","mt":"regular","id":"H","ref":"RES 23-100","it":"resolution","t":"Resolution authorizing the City Manager to enter into a professional services contract with Kimley Horn for the Swannanoa River Road flood project","desc":"Background: - City Council approved Resolution 22-254 on December 13, 2022, authorizing the City Manager to accept $150,000 in grant funds from the Golden Leaf Foundation to conduct the Swannanoa River Road Flood Mitigation and Damage Reduction Feasibility Study. - The scope of work includes the following items: - Identify flood patterns. - Identify flood impacts on public infrastructure and private properties. - Evaluate and make recommendations for conceptual plan options of a re-envisioned Swannanoa River Road corridor that provides for a resilient transportation corridor, a greenway, additional public open space, and potential flood mitigation and damage reductions. - Provide a planning-level cost estimate to implement the plan. - Inform ongoing City and North Carolina Department of Transportation (NCDOT) planning efforts related to the future reconstruction of Swannanoa River Road and the Swannanoa River Greenway. - The project will be managed collaboratively between the Public Works Department and the Transportation Department and is anticipated to begin in June 2023, with an anticipated completion date in December 2024. - The City and the Golden Leaf Foundation executed the agreement for the grant on March 21, 2023. Vendor Outreach Efforts: - The Request for Qualifications process followed all state and organizational requirements for an equitable selection process by an ad hoc selection committee group, including representatives from city staff and Land of Sky Council of Governments staff.  Committee(s): - None (Council approved Resolution 22-254 on December 13, 2022, authorizing the City  Manager to apply for and accept funds from the Golden Leaf Foundation to conduct this flood study for this project area). Pro(s): - Determine patterns and impacts of recurring flooding. - Provide recommendations for potential flood reduction, mitigation, and increased climate resiliency. - Help with ongoing planning efforts related to the future reconstruction of the Swannanoa River Road and the Swannanoa River Greenway. - The Land of Sky Regional Council (LOSRC) will manage the project. Con(s): - Transportation Department and Public Works Department staff time. - Recommendations could impact limited City resources. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Special Revenue Fund.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-05-09","mt":"regular","id":"I","ref":"RES 23-101","it":"resolution","t":"Resolution authorizing the City Manager to sign a contract with McAdams for the Reed Creek Greenway extension feasibility study","desc":"Background: - In 2022, the City was awarded a planning grant from the French Broad River Metropolitan Planning Organization (FBRMPO) to prepare a feasibility study to evaluate potential alignments along the northern and southern sections of the existing Reed Creek Greenway and the transition area between the Reed Creek Greenway and the Glenn Creek Greenway. - The feasibility study will provide information that will help with the future design of these sections, which will be accomplished under a future contract. - The City and the FBRMPO entered into a grant agreement for the feasibility study on June 10, 2022. Vendor Outreach Efforts: - Staff performed a solicitation process which included advertising Requests for Statements of Qualifications for Professional Services on the State’s Historically Underutilized Businesses (HUB) website. - An ad-hoc Selection Committee was formed to select the most qualified firm and included members from internal City departments, the Montford Neighborhood Association,  FBRMPO, the North Carolina Department of Transportation (NCDOT), and UNC Asheville. - McAdams firm is a pre-qualified vendor with NCDOT through the work code 132 - Landscape & Streetscape Design and is registered as a RS-2 Prime Consultant Firm, as required by the project funding.  Committee(s): N/A Pro(s): - Enable the City to determine the most appropriate alignments for the subject sections. - Aid the City during the future design phase. - Satisfies a recommendation from the adopted GAP Plan. Con(s): - $10,000 in matching funds is required. Fiscal Impact: - Funding for the $10,000 local grant match was previously budgeted and is available in the City’s General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-05-09","mt":"regular","id":"IV-A","ref":"RES 23-103","it":"public_hearing","t":"Resolution authorizing the submittal of the 2023-2024 Annual Action Plan for the Community Development Block Grants and HOME Investment Partnership Program to HUD","desc":"Community & Economic Development Director Nikki Reid said that this is the consideration of a resolution authorizing the submittal of the 2023-2024 Annual Action Plan for the Community Development Block Grants and HOME Investment Partnerships Program to the U.S. Dept. of Housing and Urban Development along with the Annual Action Plan Amendments for years 2019-2020 and 2022-2023 that includes prior year resources to be rolled forward into 2023-2024 projects and authorizing the City Manager to sign all necessary documents to this effect. This public hearing was advertised on April 28, 2023. Background: - The City of Asheville is an entitlement community and participating jurisdiction with the US Department of Housing and Urban Development and receives formula funding through the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). - The City receives these allocations annually through a federal formula allocation process. - CDBG funds support housing and community development activities within the City of Asheville. - HOME funds support affordable housing activities within the four-county Consortium region including Buncombe, Madison, Transylvania, and Henderson Counties. - In 2020, the City also received a one-time formula allocation of CDBG-Covid Relief (CDBG-CV) funds, issued with the purpose of preparing for, preventing, and responding to coronavirus. - Currently, there is a total of $193,157.10 available in CDBG-CV funding that remains unspent and needs to be allocated. - All funded activities must be in alignment with the goals and priorities outlined in the City’s Five Year Consolidated Plan. - On February 28, 2023, HUD released the 2023-2024 formula allocations for the CDBG and HOME programs. - The City was awarded $1,034,817 in CDBG funding and estimates $72,000 in Program Income. - The total amount of CDBG funding available is $1,106,817. - The City was awarded $1,318,357 in HOME funding and has received $428,019 in Program Income. - In addition, prior year HOME funding resources have been rolled forward into the funding available for the 2023-2024 Annual Action Plan funding recommendations for a total of $2,696,376.  Committee(s): - Housing and Community Development Committee - February 8 2023 - recommended to Council with a unanimous vote in favor of CDBG-CV funding allocations. - Asheville Regional Housing Consortium Board - March 17, 2023 - HOME presentations heard from applicant agencies. - Housing and Community Development - March 21, 2023 - CDBG presentations heard from applicant agencies. - Asheville Regional Housing Consortium Board - March 22, 2023 - Initial HOME funding recommendations discussed. - Housing and Community Development Committee - March 29 2023 - recommended to Council with a unanimous vote in favor of CDBG and additional CDBG-CV funding recommendations. - Asheville Regional Housing Consortium Board – March 29, 2023 - recommended to Council with a vote of twelve (12) in favor of HOME funding recommendations with one (1) opposed. Pro(s) - Approval of the Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing and jobs and to make positive impacts in our low and moderate income communities. Con(s) - It is not always possible to fund all of the applications received and many agencies funded will receive less than the amounts requested.  Fiscal Impact: - The Annual Action Plan is fully funded from federal CDBG and HOME entitlement grants, unspent funds from prior-year allocations, and estimated program income. - Staff costs to administer the program are paid from federal sources. - The FY 2023-24 budgets for both the CDBG and HOME programs will be included in the annual budget ordinance adopted by City Council. Ms. Reid said the key takeaways from this presentation are (1) HOME Partnership funds to support affordable housing, public services, economic development and community improvements. In 2020, a one-time federal allocation of CDBG-CV funds was issued in response to coronavirus; (2) The Housing and Community Development Committee (HCD) recommends the following awards: (a) Community Development Block Grant Program (CDBG) Funding = $1,106,817 - Total of twelve grants plus staff administration; and (b) CDBG-CV remaining funding = $193,157.10 - Two grants; (3) The Asheville Regional Housing Consortium (ARHC) recommends the following awards: HOME Investment Partnership Program (HOME) Funding = $2,696,376 - Total of nine grants plus staff administration; and (4) The public hearing is the final step in submitting the 2023-2024 Annual Action to HUD to define the community investments with these federal funding sources. She reviewed the application background process, along with the consolidated plan priorities. She then reviewed the recommendations for the CDBG public services, the CDBG non-public services, the CDBG-CV; and the HOME funds. Mayor Manheimer opened the public hearing at 7:18 p.m., and when no one spoke, she closed the public hearing at 7:18 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2023-05-09","mt":"regular","id":"IV-B","ref":"ORD 5013","it":"public_hearing","t":"Ordinance to amend Section 7-11-4 of the Unified Development Ordinance to update open space standards","desc":"Principal Planner Will Satvika that this is the consideration of an ordinance to amend Section 7-11-4 of the Unified Development Ordinance to update open space standards. This public hearing was advertised on April 28 and May 5, 2021. Background: - The UDO section regulating open space was amended and adopted on July 26, 2022 with the purpose of reducing open space requirements for projects on sites less than 1 acre in size, as well as incentivizing higher quality open space. - The amendment also incentivized development projects on 1 or more acres to either: 1) provide a minimum amount of affordable housing, or 2) upgrade sites to meet current stormwater standards. - The current code provides exemptions in cases where open space standards are not required to be met, including for new construction or additions of less than 1,500 square feet. This has become apparent as too restrictive for large sites (over one acre) seeking to add an addition of greater than 1,500 square feet. - These sites are not able to meet the 50% open space requirement, nor are they able to reduce the required open space to 20% as they are not able to meet the affordable housing incentive due to the nature of the land use, nor the stormwater compliance incentive without redeveloping the entire site to add stormwater infrastructure. - This change would support the intent of the ordinance to support adaptive reuse of properties by changing the exemption for new expansions or additions to 50% of the building’s pre-expansion gross floor footage, which aligns with Sec 7-11-1 of the code regarding site compliance thresholds. - This amendment would also clarify the intent of UDO Sec. 7-11-4(d)(1)(b), in that “natural open space” is allowed to meet up to 50% of the total open space requirement, regardless of the type of natural feature identified. - This amendment would also remove “historic resources” from subsection (d) regarding “Open space typologies” as “properties with historic landmark designations” are exempted from open space requirements in subsection (c). Comprehensive Plan Consistency: - This proposal supports a number of goals in the Living Asheville Comprehensive Plan, including: - Increase and Diversify the Housing Supply - by reducing administrative barriers to housing development and diversification. - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking - by supporting contextually appropriate infill development and a variety of housing types. - Promote Great Architecture and Urban Design to Enhance Placemaking - by promoting adaptive reuse as a means of conserving materials, history, and embodied energy in buildings. Council Goal(s): - A Well-Planned and Livable Community. Committees: - Planning & Zoning Commission (PZC) - April 5, 2023 - Approved, 5:0. Pros: - Allows for the additions and expansions of existing buildings up to 50% of the pre-expansion floor area, which matches the threshold for full site compliance as cited in UDO Sec. 7-11-1. - Provides clarity regarding how much “natural open space” can count towards a site’s total open space requirement, regardless of the type of natural feature. - Removes duplicative code regarding historic resources as properties with historic landmark designation are already exempted from open space requirements. Cons: - Some sites now would not be required to meet the new open space standards nor be incentivized to redevelop to meet affordable housing or stormwater standards. Staff Recommendation: - Staff recommends approval of this zoning text amendment request based on the reasons stated above. Mr. Palmquist gave the following background of the amendment: (1) The UDO section regulating open space was amended and adopted on July 26, 2022 with the purpose of reducing open space requirements for projects on sites less than 1 acre in size, as well as incentivizing higher quality open space; and (2) The amendment also incentivized development projects on 1 or more acres to either: 1) provide a minimum amount of affordable housing, or 2) upgrade sites to meet current stormwater standards. Issues identified are (1) The current code provides exemptions in cases where open space standards are not required to be met, including for new construction or additions of less than 1,500 square feet. This has become apparent as too restrictive for large sites (over one acre) seeking to add an addition of greater than 1,500 square feet; and (2) These sites are not able to meet the 50% open space requirement, nor are they able to reduce the required open space to 20% as they are not able to meet the affordable housing incentive due to the nature of the land use, nor the stormwater compliance incentive without redeveloping the entire site to add stormwater infrastructure. The following are the proposed changes: (1) This change would support the intent of the ordinance to support adaptive reuse of properties by changing the exemption for new expansions or additions to 50% of the building’s pre-expansion gross floor footage, which aligns with Sec 7-11-1 of the code regarding site compliance thresholds; (2) This amendment would also clarify the intent of UDO Sec. 7-11-4(d)(1)(b), in that “natural open space” is allowed to meet up to 50% of the total open space requirement, regardless of the type of natural feature identified; and (3) This amendment would also remove “historic resources” from subsection (d) regarding “Open space typologies” as “properties with historic landmark designations” are exempted from open space requirements in subjection (c). He then outlined the pros and cons, along with the compliance with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment. At the request of Councilwoman Roney, Mr. Palmquist confirmed that there are other parts of Section 7-11 that have been recommended by the Urban Forestry Commission that might be considered at a later date. Councilwoman Roney said that she hoped to be able to support this amendment with some of the recommended changes by the Urban Forestry Commission later this year; however, she would not be able to support this amendment, as she didn’t support the change last year. She still has the same questions around impact on our tree canopy and the level of affordability when incentivizing housing development. Mayor Manheimer opened the public hearing at 7:29 p.m., and when no one spoke, she closed the public hearing at 7:29 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2023-05-09","mt":"regular","id":"J","ref":"RES 23-102","it":"resolution","t":"Resolution authorizing the City Manager to enter into a review and inspection agreement with the N.C. Dept. of Transportation","desc":"Background: - The Swannanoa River Greenway Section 1 project is a 2016 Bond funded project that begins at the intersection of Glendale Avenue and Thompson Street and ends at the intersection of NC 81 (Swannanoa River Road) and Bleachery Boulevard. - The total budgeted cost for the design and construction phases of the project is $6.1 million. - The Tourism Development Authority awarded the City a Tourism Product Development Fund grant in the amount of $2.3 million for this project. - The scope of work to the existing traffic signal at the intersection of NC 81 (Swannanoa River Road) and Bleachery Boulevard includes revisions to the existing pedestrian  signalization and curb ramps to accommodate lane changes and the addition of a widened 12-foot multi-use transportation path on the Bleachery Boulevard bridge. - No additional right-of-way is needed for the subject work. - The City is responsible to fully fund the traffic signal revisions including design, materials, and installation. - The NCDOT will review the design and inspect the work during the construction phase. - Upon completion of the project, the NCDOT will continue to own and maintain the traffic signal.  Committee(s): - None Pro(s): - The subject project will enable the intersection to operate in a more efficient and safe manner for all modes of travel. - The subject project will provide a better connection to the Swannanoa River Greenway. Con(s): - None Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund. Suggested Motion: - Motion to authorize the City Manager to enter into and execute a traffic - review and inspection agreement with the North Carolina Department of Transportation (NCDOT) for the City to make revisions to the existing traffic signal at the intersection of NC 81 (Swannanoa River Road) and Bleachery Boulevard and to submit payment in the amount of $5,000 upon partial execution of the agreement by the City.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-05-09","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":12},{"d":"2023-05-09","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Manheimer","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1NHQH30cSwgBIW7sTUSY7ENz1Kv4pkc8E/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":13},{"d":"2023-05-23","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held May 4, 2023 and the formal meeting held May 9, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-05-23","mt":"regular","id":"B","ref":"RES 23-104","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with French Broad Paving Inc. for the Sulphur Springs Road resurfacing","desc":"Background: - Upon the start of resurfacing operations, two unforeseen issues with Sulphur Springs Road were discovered. - Sections of the road were not built upon a gravel base, but were instead built upon an improper base of red clay. - The area was annexed in 1917 and the road predates the city’s records. - Because the road has a concrete base, and based on the size of the aggregate, the current configuration is at least 50 years old. - This issue has led to approximately 385 tons of necessary patching, while the original estimate was 160 tons. The road is a layer of asphalt over concrete. - The issue was discovered when the asphalt was milled away and the concrete was found to be in very poor condition. - Several areas were in such disrepair that construction equipment would fall through the concrete and sink 1-2 feet into the clay underneath the concrete. - This condition was most prevalent between Lucy S. Herring Elementary School and Haywood Road. - Sulphur Springs Road has had several utility projects performed since the resurfacing contract was advertised. - The pavement in the impact areas was found to have very little crown (slope) or even a reverse crown. - Proper crown assures positive drainage, which improves structural longevity and safety. - In some areas a 5-6 inch application of asphalt had to be applied to establish a standard 2 percent fall from the road center to the curb. - The increase in required asphalt depth will lead to an approximately 20% overage in asphalt tonnage. Vendor Outreach Efforts: - N/A - This is a contract amendment.  Committee(s): - None Pro(s): - Approval of the amendment will allow for Sulphur Springs Road to be properly repaired. Con(s): - This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed. - The work will be a further disruption to a neighborhood that has experienced a significant amount of construction recently. Fiscal Impact: - Funding for this contract was previously budgeted as part of the 2016 General Obligation (GO) Bond program and is available in the General Capital Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-05-23","mt":"regular","id":"C","ref":"RES 23-105 / ORD 5014","it":"resolution","t":"Resolution authorizing a contract amendment with Appalachian Paving & Concrete Inc. for the FY2023 utility cut concrete repair project, and related budget amendment","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility Program. - This program is an enterprise fund that is supported by the participation and work generated by partner agencies (Metropolitan Sewerage District, Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division). - As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. - At times these activities cut concrete infrastructure such as curbs and sidewalks. When this occurs the Utility Cut Program must have a method to address these areas. - This contract serves as an instrument to address the unpredictable nature of these cuts in the City infrastructure. - The quantity and location of the concrete repairs performed under this contract is dictated  by development and repair work performed by the partner utilities. - The pace of development has expended the funds allocated to the concrete repair contract for FY23. - This addition of funding will help the contract last through the end of FY23. Vendor Outreach Efforts: - N/A - Amdt to existing contract  Committee(s): - N/A Pro(s): - Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s): - None Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partners participating in the program. - The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery. - With the approval of the requested budget amendment, funding for this contract will be available in the Street Cut Utility Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-05-23","mt":"regular","id":"D","ref":"RES 23-106","it":"resolution","t":"Resolution authorizing the City Manager to execute a sole source approval for the Aquatic Informatics Water Information Management System/RIO","desc":"Background: - WIMS is a database that compiles all data collected from plant operations and water quality testing. RIO is a build off of WIMS that allows staff to collect the data using mobile devices while in the field. - The original contract with Hach Corporation for the WIMS/RIO software was completed in May of 2019 at the cost of $70,730 (this contract was also approved by the IT department). - The Water Production division of the Water Resources Department continues to use the software to collect data for monthly reports for State regulators and compile necessary data to monitor water treatment plant processes. - Hach transferred ownership and responsibility of the WIMS/RIO software to Aquatic Informatics in July 2022. - As staff extend the contract to renew annual subscriptions and technical support fees, Water Resources is reaching the $90,000 mark that requires Council approval. - Aquatic Informatics is the sole developer and sole distributor of the WIMS/RIO software solutions. Aquatic Informatics is also the sole provider of Support and Maintenance Agreements (SMA) and Software as a Service (SaaS) subscriptions for WIMS/RIO, which includes access to their 360° Support Portal, software updates/upgrades and technical support. - As this is a sole source product, Council approval is required to continue extending the contract of a sole source provider. Vendor Outreach Efforts: - The original contract for the WIMS/RIO software was completed in May of 2019. - The outreach and engagement followed the City’s business inclusion processes. - Staff followed the required Minority & Women-Business Enterprise outreach plan at that time.  Committee(s): - N/A Pro(s): - Software provides the Water Production Division with a program to store all three water treatment plants data in one place where reports can easily be created. - Dashboards with reports and graphics will help determine better treatment options and provide better monitoring of treatment processes. Con(s): - If not approved, software will no longer be available to use. - Other options are available but start-up of a new program would create higher costs and more work on staff to build a new software platform that is currently working. Fiscal Impact: - Funding for this contract ($9,938 annually) is available in the Water Resources operating budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-05-23","mt":"regular","id":"E","ref":"RES 23-107 / RES 23-108 / RES 23-109 / RES 23-110 / RES 23-111","it":"resolution","t":"Resolutions authorizing the possession and consumption of alcoholic beverages and/or unfortified wine at five events (Asheville Hola, Independence Day 5k, Ingle's celebration, AIA Summer BBQ, Sanctuary Series)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-05-23","mt":"regular","id":"F","ref":"RES 23-112 / ORD 5015 / RES 23-113 / RES 23-114","it":"resolution","t":"Harrah's Cherokee Center - Asheville consistency in operation and functionality (standardization/sole source purchases and related budget amendment)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-05-23","mt":"regular","id":"G","ref":"RES 23-115","it":"resolution","t":"Resolution authorizing the City Manager to enter into a lease agreement with Asheville GreenWorks for a tree nursery on Hardesty Lane","desc":"Background: - The City owns property at 80 Hardesty Lane (9668-31-9966) that consists of approximately 33.48 total acres. - This parcel of land is located to the rear of Azalea Park and is used for City purposes. - A portion of the property has been leased in the past for an organic farm, but it is currently unoccupied. - Asheville Greenworks has proposed a growing area comprising approximately 1.30 +/- acres, where they will plant native trees that will be provided free of charge for public spaces. - Asheville Greenworks will also be allowed to temporarily park vehicles in a designated area while tending to their plantings. - Approximately 20% of the available trees will be designated for City of Asheville public installations. - The exact number and species of trees will be determined by the City Arborist and the Asheville Greenworks Director of Operations on an annual basis. - Other available trees that are not needed or requested by the City will be made available for planting on public land owned by Buncombe County, other municipalities in Buncombe County and non-profit organizations. - Asheville Greenworks will work with the City Arborist to determine the exact number and type of trees to be planted. - Asheville Greenworks will be allowed to construct a shed measuring 8 feet by 8 feet and will be allowed to pump water from an onsite surficial well. - The proposed lease area is located near to the Swannanoa River and has flooded in the past. Asheville Greenworks has submitted a protocol that they will follow should the area flood. - In exchange for the free native trees, Asheville Greenworks will pay $1.00 per year as a rental fee. - The proposed term of the lease is five (5) years with one (1), five (5) year renewal.  Committee(s): - None Pro(s): - Native trees will be available to the City free of charge for use in public spaces. Con(s): - The City will not be receiving rental income from this use. Fiscal Impact: - This lease agreement will not significantly impact future use of this property, including any opportunity to generate additional lease revenue. - Trees will be available for public installation at no cost to the City.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-05-23","mt":"regular","id":"H","ref":"RES 23-116","it":"resolution","t":"Resolution authorizing the City Manager to sign and approve the update to the City of Asheville Public Transportation Agency Safety Plan","desc":"Background: - On July 19, 2019, the Federal Transit Administration (FTA) adopted a regulation requiring all public transit agencies that receive 5307 Urban Transit Funds to develop Public Transportation Agency Safety Plans (PTASP) by December 31, 2020. - The City of Asheville’s PTASP was adopted by the City Council in June 2020 and includes performance measures related to passenger and transit-worker safety, crashes, and maintenance of the transit system. - Data on these performance measures is reported in the Monthly Accountability Reports provided by the transit contractor, RATPDev. - In November 2021, Congress adopted the Bipartisan Infrastructure Law (BIL) and the Infrastructure Investment and Jobs Act (IIJA), which included additional requirements for PTASPs. - The primary new requirement from the BIL was that each public transit agency establish a Safety Committee and that the committee include representatives from management staff and front-line employees. - The Safety Committee is intended to work cooperatively and collaboratively to identify potential areas for safety improvements and work to implement those improvements. - To comply with the new BIL requirements, the City’s transit contractor, RATPDev, has established the ART Safety Committee, which is meeting regularly, and the City has updated the PTASP to reflect this. - The updated PTASP has been reviewed and approved by the ART Safety Committee, as required by the BIL. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - The proposed changes to the PTASP include: - The establishment of the ART Safety Committee. The safety committee includes representation from front-line employees. - De-escalation training included in front-line employee training. - The PTASP document and monitoring of performance measures will be managed by the Transit Planning Division and coordinated with the City’s transit contractor, RATPDev Inc. - The PTASP includes the establishment of the ART Safety Committee and includes representatives from management staff and front-line employees. - The ART Safety Committee is intended to work cooperatively and collaboratively to identify potential areas for safety improvements and work to implement improvements. Con(s): - None Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-05-23","mt":"regular","id":"I","ref":"RES 23-117","it":"resolution","t":"Resolution of intent to close an unopened right-of-way and set the public hearing on June 27, 2023","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Mike and Emily Sule (26 Sunrise Dr.; PIN 9638-77-3009) have petitioned for this closure on behalf of themselves and neighbors at 30, 34, and 38 Sunrise Drive. - The owners wish to permanently close an unopened right-of-way adjacent to 26, 30, 34, and 38 Sunrise Drive; originally platted as “Westview Place” in 1924 and 2005 but was never accepted by the City. - The right-of-way will be divided among the four properties and a new plat with appropriate water and Metropolitan Sewerage District easements will be filed.  Committee(s): - Technical Review Committee, March 20, 2023, unanimously recommended approval. - Multimodal Transportation Commission, April 26, 2023, unanimously recommended approval. Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. Con(s): - None.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-05-23","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider approving a Land Use Incentive Grant for 46 Aston Street - continued to June 27, 2023","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"continuance","sq":16},{"d":"2023-05-23","mt":"regular","id":"IV-B","ref":"RES 23-125","it":"public_hearing","t":"Resolution approving a Land Use Incentive Grant to Commonwealth Development Corporation for 77 affordable housing units at 3124/3130 Sweeten Creek Road","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of approving a land use incentive grant (LUIG) to Commonwealth Development Corporation for 77 affordable housing units at 3124/3130 Sweeten Creek Road/Fairhaven Summit Apartments. This public hearing was advertised on May 12, 2023. Review: - Commonwealth Development Corporation has applied for a Land Use Incentive Grant (LUIG) for their development at Fairhaven Summit per the LUIG Policy adopted by City Council on June 22, 2021. - The development consists of 77 rental apartments and community space. - Housing represents 100% of all rentable square footage. - Of the +/- 77 residential units, 29 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 30 years. - The project encompasses 7.43 acres of land on Sweeten Creek in South Asheville, currently divided into two parcels known as 3124 and 3130 Sweeten Creek Road and PIN’s 9655-33-0929 and 9655-33-2749. - Estimated Tax Value of the property is $12,425,000 million post-completion. - The project, as presented to staff, meets the Eligibility Requirements for the LUIG program. - As a part of the LUIG program, 50% of the affordable units will accept vouchers, which generally benefit households at 50% AMI or below. - When vouchers are utilized, this also opens up units in Public Housing where there are waiting lists. - The planned unit mix for affordable units is 15 one bedroom units and 14 two bedroom units. - This project was also approved for a $500,000 Housing Trust Fund loan at the April 25, City Council meeting Proposal & Scoring: - Affordable Rental Housing - 120 points - The proposed project will provide seventy-seven (77) affordable units (100% of the total units) to individuals and families earning an average of at or below 60% AMI - The affordability period will be a minimum of 31 years (10 points) - 50% of the units will be for low-income families (20 points). - Rental Assistance - 50 points - The proposed project will have 50% of the units accepting vouchers of different kinds. - The developer is working with the Housing Authority to provide 20 units for project based vouchers. - An additional 12% of units will prioritize households participating in the state of North Carolina’s KEY program, which serves very low- income households with disabilities who are in need of supportive services. - Energy Efficiency - 5 points - The developer has committed to using Energy Efficiency (EE) / Energy Star Certification. - Universal Design - 10 points - The project has committed to using Universal Design for 20% of the units. - Building in a Non-Qualified Census Tract (NON QCT) - 10 points - The developer is building in a NON QCT, where at least 50% of the households have incomes over 60% of the Area Median Gross Income (AMGI) or a poverty rate under 25%. The poverty rate in this Census Tract is 3.5%. - Staff has scored the project with 195 points, which qualifies the project for twenty-one (21) years of Land Use Incentive Grant.  Committee(s): - The Housing and Community Development Committee reviewed this item on April 18, 2023 and voted 3-0 in support of the request. - The Policy, HR and Finance Committee reviewed this item on May 9, 2023 and voted 3-0 in support of the request. Pro(s): - The proposed project will provide 77 affordable rental housing units to households earning an average of 60% or less of area median income; - The proposed project will have an affordability period of thirty (30) years; - The proposed project should have a significant economic impact; - Construction wages and material purchases will positively affect the local and regional economy; - The 77 affordable units are located in South Asheville (walkability score of 36 - car dependent, bike score of 10 - somewhat bikeable, minimal bike infrastructure) and provide employment & shopping options for individuals and families who fall within the 0 - 80% AMI incomes. - Commonwealth Development Corporation is working with the Asheville Housing Authority to have 26% of the units be Project based vouchers, which will give priority to current Housing Authority residents with Tenant Mobility Choice vouchers for these units, and after that, other voucher applicants on the waiting list for project based vouchers. - 50% of the units are required to participate in NC’s Targeting program, with required notification and lease-up procedures. This program targets individuals enrolled with an  approved supportive housing provider who are at risk of (or experiencing) homelessness and who have a disability requiring supportive services. Con(s): - Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development. Fiscal Impact: - The two parcels included in the project have a current tax value of $394,600 and pays city property taxes of approximately $1,590 annually. - Under the estimated tax value of $12.43 Million post-completion, the annual city property tax will be approximately $50,072. - The difference is $48,482 which would be granted to the property owner annually after payment for 21 years. - For 21 years and 77 affordable units at or below and average 60% AMI, the city will grant back a total of $1,018,132 over the 21 years of the LUIG which equals $13,222 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in the LUIG Policy. - After year 21, the City will receive the approximate $50,072 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $1,590 per year in years 1 -21. - The City sets aside a budget annually for Land Use Incentive Grants. - Fairhaven Summit has also been approved for a $500,000 Housing Trust Fund loan. Staff Recommendation: - Staff recommends approval of the request. Ms. Vrtunski said the following are the key takeaways from this presentation: (1) LUIG application for Fairhaven Summit, 3124 Sweeten Creek; (2) Low Income Housing Tax Credit Project, 100% affordable, with incomes averaging 58% to 60% AMI; (3) 26% of units (20 apartments) will be set aside for Project Based Vouchers; (4) The project is also bringing other benefits including rental assistance, affordability period of 30 years, energy efficiency, Universal Design and building in a non-QCT; and (5) Project qualifies for 21 years of taxes paid. The project background is (1) The development consists of 77 apartments and community space and amenities for residents; (2) Housing represents 100% of all rentable square footage; (3) The project encompasses 7.43 acres of land on Sweeten Creek Road; (4) The developer estimates a taxable value after construction at $12,425,000; (5) This project was also approved for a $500,000 Housing Trust Fund loan at the April 25, City Council meeting; (6) 26% of units (20 apts) are planned to receive Project-Based Vouchers serving families at or below the 30% AMI level who are currently receiving Housing Choice Vouchers or are on HACA’s voucher applicant waiting list; (7) An additional 12% of units will prioritize households participating in the state of North Carolina’s KEY program, which serves very low- income households with disabilities who are in need of supportive services; and (8) Additional rental assistance programs that will be accepted include, but are not limited to, VASH homeless veteran vouchers, traditional HCV tenant-based vouchers, and tenant support through the local COC programming to enable households experiencing (or at risk of) homelessness to access safe and affordable housing. She then showed a matrix of the unit mix with projected 2023-24 rents and AMI levels. She showed the project location, along with the exterior elevations. The point summary is as follows: 100% of units affordable at or below 80% AMI (90 points); 30 years of affordability (10 points); 50% Low Income (20 points); 50% Rental Assistance (50 points); Energy Efficiency / Energy Star (5 points); Universal Design- 20% of units (10 points); and Building in a non-QCT Census Tract (10 points). Total Points: 195 points = 39 years of taxes granted to owner. The LUIG policy has a maximum of 21 years of payments (105 points). LUIG specifics include (1) The two parcels included in the project have a current tax value of $394,600 and pays city property taxes of  approximately $1,590 annually; (2) Under the estimated tax value of $12.43 million post-completion, the annual city property tax will be approximately $50,072; (3) The difference is $48,482 annually which would be granted to the property owner annually after payment for 21 years; (4) For 21 years and 77 affordable units averaging below 60% AMI, the city will grant back a total of $1,018,132 which equals $13,222 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy as noted in the LUIG Policy; (5) After year 21, the City will receive the approximate $50,072 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $1,590 per year in years 1 -21; (6) With the Housing Trust Fund request, the total subsidy for this project will be $1,518,132 million or $19,716 per unit; and (7) The County’s Affordable Housing Committee recommended approval of $540,000 (in addition to a previous $1 million award) for Fairhaven. The City and County’s investment in this project will be close to equal ($1.5 M each). The Housing & Community Development Committee reviewed and recommended approval of this LUIG on April 25, 2023 with a 3-0 vote. The Policy, Finance & HR Committee reviewed and recommended approval of the LUIG on May 9, 2023 with a 3-0 vote. Staff recommends approval of the Land Use Incentive Grant application for Commonwealth Development Corporation/ Fairhaven Summit at 3124/3130 Sweeten Creek Road. In response to Councilwoman Roney regarding the possible inclusion of solar panels or other renewable energy for the future, Justin Mitchell said that they will be looking at reallocating any remaining contingency funds toward the implementation of solar. Councilwoman Roney also noted that we need to improve transit in south Asheville. Mayor Manheimer opened the public hearing at 5:36 p.m., and when no one spoke, she closed the public hearing at 5:36 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2023-05-23","mt":"regular","id":"J","ref":"RES 23-118 / ORD 5016","it":"resolution","t":"Resolution authorizing the City Manager to expend and disburse Federal Transit Administration grants apportioned to the Asheville area, and related budget amendment","desc":"","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-05-23","mt":"regular","id":"K","ref":"ORD 5017","it":"ordinance","t":"Ordinance enacting a 15 MPH speed limit on Wells Avenue and a 20 MPH limit on East Street and related speed limits","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits. - City staff received requests from residents to consider changes to speed limits. - SR-3548 (Clingman Avenue/Haywood Road), SR-3412 (Sand Hill Road), and SR-3556 (Meadow Road) are state maintained streets within the city limits. - The North Carolina Department of Transportation (NCDOT) conducted a traffic-engineering study for SR-3548 (Clingman Avenue/Haywood Road) and determined that 25 mph would be a more appropriate speed limit. - The NCDOT conducted a traffic-engineering study for SR-3412 (Sand Hill Road) from Haywood Road to Wendover Road and determined that 30 mph would be a more appropriate speed limit. - SR-3556 (Meadow Road) from Amboy Road to Victoria Road posted speed limit is 35 mph. NCDOT found the 35 mph speed limit to be appropriate and requests municipal concurrence to repeal the recorded 45 mph ordinance. - City staff performed traffic-engineering studies along three streets: Wells Avenue, East Street, and Hampden Road. - The speed limit on Wells Avenue will be set at 15 miles per hour. - The speed limit on East Street will be set at 20 miles per hour. - The speed limit on Hampden Road will be set at 25 miles per hour. - The Asheville Police Department has reviewed the subject actions and they concur with the speed limit changes. - Once the subject action is approved and prior to the installation of appropriate signs on the City-maintained streets, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department. - The NCDOT will install the appropriate signs on SR-3548 (Clingman Avenue/Haywood Road) and SR-3412 (Sand Hill Road).  Committee(s): - MMTC - April 26, 2023 - Presented for information. Pro(s): - City staff have been able to respond favorably to the public's requests. - Provides a more appropriate posted speed limit in residential areas. - Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders. Con(s): - None Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the Transportation Department’s operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-05-23","mt":"regular","id":"L","ref":"RES 23-119","it":"resolution","t":"Resolution supporting the N.C. Dept. of Transportation in funding, designing, and constructing a right-turn lane and pedestrian improvements","desc":"Background: - GS § 136-189.22 dictates that NCDOT have a High Impact Low Cost Program for intersection improvement projects, minor widening projects, and operational improvement projects and that 48% of the funds appropriated to the Mobility/Modernization Fund shall be used for these projects. - The funds are allocated equally among the 14 highway divisions. - The intersection of NC 112 (Sardis Road) and SR 3412 (Sand Hill Road) has a history of rear-end crashes and congestion. - NCDOT has identified a High Impact Low Cost project to make improvements at the intersection of NC 112 (Sardis Road) and SR 3412 (Sand Hill Road). - The scope of work includes pedestrian signals and a crosswalk along the Sand Hill Road approach, a right-turn lane along the westbound Sardis Road approach, relocating a traffic signal pole, sidewalk, and curb and gutter. - The total project cost is $485,000 and the work will be completed within the existing right-of-way. - Any project that uses High Impact Low Cost program funds and exceeds a total project cost of $250,000 requires a resolution of support from the appropriate local government entity.  Committee(s): - Multi Modal Transportation Committee - April 26, 2023 - Approved unanimously Pro(s): - The subject project will minimize the existing rear-end crash history. - The subject project will improve the pedestrian experience as they cross Sand Hill Road. - The NCDOT is fully funding the project. Con(s): - None Fiscal Impact: - This action requires no City resources and has no direct fiscal impact. - The Public Works Department will be responsible for future maintenance of the new sidewalk.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-05-23","mt":"regular","id":"M","ref":"RES 23-120","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Tennoca Construction Company for the Onteora Boulevard sidewalk","desc":"Background: - The 2016 Transportation General Obligation (GO) Bond Referendum included funding for a new sidewalk along Onteora Boulevard. - The Onteora Boulevard sidewalk will extend the existing sidewalk near the Lincoln Avenue intersection to Raleigh Rd. an additional .39 miles. - Council Resolution 17-264 Authorized the execution of a design contract for a bundle of GO bond funded sidewalk projects, including Onteora Boulevard. - Council Resolution 18-60 Authorized the City Manager to apply for and if awarded, accept funding from the French Broad River Metropolitan Planning Organization for sidewalk improvement projects, including Onteora Boulevard. - Council Resolution 39-468 authorized changes to the proposed capital budget noting transportation grant funding for Onteora Blvd Sidewalk from the French Broad River Metropolitan Planning Organization. - Voluntary easements were acquired from 28 separate parcels of land for the construction of a sidewalk along Onteora Boulevard. - Council Resolution 20-2014 authorized the City attorney’s office to condemn a sidewalk easement over real property located at 117 Onteora Boulevard. - In February 2023, construction bids were advertised for 45 days, and no bids were received. - Because a minimum of three bids are required, the bid was returned unopened. - The project was readvertised for bids on March 30, 2023, and received three bids on April 27, 2023. - The three bids received were from Swannanoa, NC based AP Development, Inc for $1,358,625; Asheville based NHM Constructors, LLC for $1,130,883.50; and Candler, NC based Tennoca Construction Company for $829,889. Vendor Outreach Efforts: - Due to the federal funding involved in this project, the Federal Disadvantaged Business  Enterprises program is being applied. - The federally established goal for this project is 4% participation. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Tennoca Construction Company, through their outreach efforts is committing to utilizing 9.18% participation utilizing Concrete Specialty Contractors, a DBE/WBE subcontractor.  Committee(s): - n/a Pro(s): - Provides for sidewalk construction in an area with a demonstrated need for safe pedestrian access. - Utilizes federal funded grant dollars to maximize the local funding. Con(s): - None Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund. - NCDOT grant funding will cover 80% of the construction costs for this project.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2023-05-23","mt":"regular","id":"N","ref":"RES 23-121","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Walker Consultants for engineering of various parking facilities","desc":"Background: - The City advertised a Request for Qualifications on October 11, 2022, for facility assessment and engineering professional services for the Parking Garage Capital Improvements Project. - An evaluation committee selected Walker Consultants as the most qualified respondent, and the City awarded a contract to Walker Consultants on January 24, 2023. - In March 2023, the consultant performed an onsite investigation and assessment of the City’s four parking garages: Harrah’s Cherokee Center, Rankin Avenue, Wall Street and Biltmore Avenue garages. - Following an initial analysis of the information collected during the assessment, the consultant submitted a list of immediate-priority repairs. - These repairs include reinforcement of structural concrete corbels and repair of steel framing and supports. - The services authorized in this amendment will provide the engineered drawings for these repairs. - The engineering will take approximately six weeks to complete, after which the advertisement for the construction bid can be issued. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Walker Consultants has subcontracted with John J. Clark & Associates, Inc. of Charlotte, NC which is a Minority-Owned Enterprise.  Committee(s): - None Pro(s): - This work is for the safe and beneficial use of City parking facilities by City residents and visitors. Con(s): - The project will temporarily impact parking operations, as phased shut-downs of areas of the garages are coordinated during construction, anticipated to start this fall. Fiscal Impact: - Funding for this amendment was previously budgeted and is available in the Parking Services Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2023-05-23","mt":"regular","id":"O","ref":"RES 23-122","it":"resolution","t":"Resolution amending the 2023 City Council meeting schedule to add a Council retreat follow-up worksession","desc":"This item was removed from consideration at this meeting. Councilwoman Roney was thankful for the feedback to include live performance in our supportive resolution for LGBTQIA+ community members. She felt it was unfortunate we don’t have consensus to bring it forward today. The draft has been re-drafted several times since February to remove any language that might be controversial. It is, in fact, the most watered down resolution in North Carolina. She hoped that it will come back soon and that we will stand with our neighbors who use drag as expression and artistic form but also recognize the economic impact in our community.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2023-05-23","mt":"regular","id":"Q","ref":"RES 23-123","it":"resolution","t":"Resolution affirming the right of all North Carolinians to safe and comprehensive reproductive health care","desc":"Contents of Resolution: “WHEREAS, health care is a fundamental human right, and access to gender-affirming, full-spectrum, and comprehensive reproductive health care, including abortion, contraception, prenatal care, labor and delivery services, and postpartum care, are necessary for overall health and well-being; and WHEREAS, after the United States Supreme Court overturned Roe v Wade in its decision in Dobbs v Jackson Women’s Health Organization, the North Carolina General Assembly passed Senate Bill 20 on a party-line vote which shall limit the rights of women and pregnant people, specifically their bodily autonomy, by prohibiting most abortions after 12 weeks of pregnancy and restricting access to medication abortion after 10 weeks of pregnancy; and WHEREAS, Senate Bill 20 erects new barriers to the provision of health care that are medically unnecessary, such as additional in-person appointments and new clinic requirements; and WHEREAS, the impact of abortion restrictions is predominantly realized by those who already experience disparities in health care, including: people working to make ends meet; Black, Indigenous, and People of Global Majority; people with disabilities; immigrants of all statuses; members of the LGBTQIA+ community; and people who live in rural areas, which medical professionals say will lead to preventable deaths; and WHEREAS, the threat of prosecution against providers, as well as disparities in our criminal legal system, can result in negative outcomes by intimidating people from seeking or providing care, and health care providers have an ethical obligation to provide essential care to their patients. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: (1) The Asheville City Council hereby affirms its support for the right of all North Carolinians to safe and comprehensive reproductive health care, condemning the criminalization of providing essential health care, including full-spectrum reproductive and gender-affirming health care, and proclaiming that people deserve access to high-quality health care without fear of judgment, harassment, coercion, reprisal, or punishment; and (2) The Asheville City Council commends members of our local delegation for their opposition to this legislation; and for support of Governor Roy Cooper’s decision to veto it, which was overridden allowing the ratified bill to become law on July 1st, 2023.” … Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1FGoHVt2xC4NYSeYBa2dMnOTOz26UoCA5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2023-06-13","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the agenda briefing worksession held May 18, 2023 and the formal meeting held May 23, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-06-13","mt":"regular","id":"B","ref":"RES 23-125","it":"resolution","t":"Resolution accepting the Flood Mitigation Actions report which is part of the Repetitive Loss Area Analysis","desc":"Background: - The City of Asheville joined the Community Rating System (CRS) program, a program through the Federal Emergency Management Agency (FEMA), and administered by the Insurance Services Office (ISO) in 2014. - As required by the CRS program, a Repetitive Loss Area Analysis (RLAA) was prepared in 2013 by Brown and Caldwell to supplement the Buncombe-Madison Regional All Hazards Mitigation Plan. - CRS provides lower flood insurance premiums, higher regulatory standards, and improved community outreach in accordance with the National Flood Insurance Program. - The premium reduction is based on our current CRS classification. The City of Asheville is a Class 8 program. - The classes are obtained by actions that are above and beyond the requirements of the National Flood Insurance Program administered by FEMA. - Currently, citizens in Asheville receive a 10 percent reduction in their flood insurance premiums through the City’s participation in the CRS program. - In order to maintain the current status in the CRS program, staff is required to provide to council the annual report of the Flood Mitigation Actions Items that were part of the RLAA report from Brown and Caldwell adopted by Council on December 10, 2013. - Highlighted in the report, staff from multiple departments continue to work together, looking for ways to reduce flooding and damage from floods. - This occurs through community outreach from the City website, social media, flyers, and events. - Additionally, staff work across departments, such as Fire and Public Works, and other partners on flood mitigation opportunities, and work with developers and property owners on ways to protect their properties from flooding. Vendor Outreach Efforts: - N/A.  Committee(s): - None Pro(s): - The citizens of Asheville will continue to receive a 10% reduction on their flood insurance premiums. - Provides a higher level of protection through the current flood ordinance and improves resilience. - Promotes public education of the dangers of flooding and the Special Flood Hazard Areas. - The CRS program will be annexed to the Emergency Operations Plan(EOP). Con(s): - Considerable amount of staff time is necessary to maintain these requirements, and improve the local program. Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-06-13","mt":"regular","id":"C","ref":"RES 23-126","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Waste Management of Carolinas for City facility bulk waste collection","desc":"Background: - The City contracts collection of bulk waste (trash and recycling) for various City facilities. - The contractor provides and services receptacles (dumpsters) as needed by each facility. - The current bulk waste contract ends 6/30/2023. - The City posted an invitation to bid on May 2, 2023, and bids were opened on May 24, 2023. - Four bids were received, and Waste Management of Carolinas, Inc. is the lowest responsive, responsible bidder. - The new contract will be for (3) three years, with the option for (2) two additional (1) one year extensions. - The resolution will authorize the City Manager to execute the contract, as well as to execute any optional contract extensions and contract amendments up to 5% above the contract price for each annual renewal period. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and contacting MWBE companies directly who were listed on the North Carolina HUB website and NCDOT Directory of Firms. - No MWBE firms submitted bids and all work will be self performed by the contractor.  Committee(s): - N/A Pro(s): - Provides adequate waste disposal options for City facilities - Supports Council’s goal for a Clean and Healthy Environment - Supports Citywide cleanliness efforts Con(s): - None Fiscal Impact: - Each department maintains an on-going operating budget for their requested service. - The initial year will be Not-to-Exceed $100,000. Rate increase is capped at 5% annually for each additional year. Total five year contract will be Not-to-Exceed $560,000.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-06-13","mt":"regular","id":"D","ref":"RES 23-127","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement","desc":"Background: - The parcel known as 1310 Fanning Bridge Road is within the City limits of Asheville. - In 2012, this parcel was owned by the Airport and then removed from the City’s zoning jurisdiction by the North Carolina General Assembly. - The parcel currently exists partially within the City of Asheville’s zoning jurisdiction and partially within Buncombe County’s zoning jurisdiction. - In accordance with GS §160D-203 and § 160A-461, local governments may, by mutual agreement and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under Chapter 160D of the North Carolina General Statutes for the entire parcel to any one of those local governments when a parcel of land lies within the planning and development regulation jurisdiction of more than one local government. - City and County staff agree that Asheville should have exclusive planning and development regulation jurisdiction for the entire parcel and the landowner has provided its written consent by signing the Inter-Local Agreement. - The parcel was previously zoned Industrial within the city and will retain that zoning designation.  Committee(s): - N/A Pro(s): - Improves the consistency in application of zoning regulations on a single, combined parcel that exists fully within the City limits of Asheville. Con(s): - None Fiscal Impact: - This action requires no City resources and has no fiscal impact. Staff Recommendation: - Staff recommends approval of the Resolution authorizing the City Manager to execute an Interlocal Agreement with Buncombe County for zoning review of 1310 Fanning Bridge Road.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-06-13","mt":"regular","id":"E","ref":"ORD 5018","it":"ordinance","t":"Budget amendment in the City's General Fund associated with the February 2023 refunding of the 2020 General Obligation Bond Anticipation Note","desc":"Actions Requested: Adoption of budget amendment in the amount of $25,286,496 in the City’s Capital 2100 Fund (General Fund) to account for the refunding of debt. Background: - On November 8, 2016, Asheville voters approved a $74 million General Obligation (GO) Bond Referendum - $32 million for Transportation improvements, $25 million for Affordable Housing initiatives and $17 million for Parks and Recreation improvements. - In association with this GO Bond Referendum, the City issued a three-year short-term General Obligation Bond Anticipation Note in an amount not to exceed $25,000,000 in June 2020. - In December 2022, Council approved a Bond Order authorizing City staff to proceed with the issuance of long-term fixed rate General Obligation Refunding Bonds to pay off the 2020 General Obligation Bond Anticipation Note. - The long-term fixed rate General Obligation Refunding Bonds were issued in February 2023. - The funds generated from the issuance of the Refunding Bonds, which totaled $25,286,496, were used to pay off the existing Bond Anticipation Note and the costs associated with the debt issuance and thus do not represent additional money available for City use. - Since long-term debt refundings are non-routine and difficult to accurately forecast ahead of time, the budget associated with these transactions is not included in the adopted annual budget. - This technical amendment incorporates these appropriations into the budget in order to ensure that the General Fund does not exceed the approved annual budget in the City’s annual financial reporting.  Committee(s): - None Pro(s): - Amends the Fiscal Year (FY) 2022-23 Capital 2100 Fund (General Fund) budget in order to ensure statutory budgetary compliance. Con(s): - None Fiscal Impact: - There is no net fiscal impact from this technical budget amendment. - It will amend the FY 2022-23 budget in the Capital 2100 Fund (General Fund) to reflect the receipt of refunding proceeds and the subsequent payment to pay off the prior debt issuance. Motions: - Motion to adopt a budget amendment in the amount of $25,286,496 in the City’s Capital 2100 Fund (General Fund) to account for the refunding of debt.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-06-13","mt":"regular","id":"F","ref":"ORD 5019","it":"ordinance","t":"Ordinance to set the FY2023-24 rental fee for each additional 95 gallon trash can at $17.00 per cart per month","desc":"Background: - City Council adopted the ordinance establishing the fees and charges for FY 2023-24 at their March 28, 2023 meeting. - Included in the fee changes for the next fiscal year was a $1.00 increase (from $16.00 to $17.00 per household per month) in the Standard Municipal Solid Waste Fee. - The rental fee for each additional 95 gallon trash cart should also have been increased by $1.00 to $17.00 per cart per month, but was omitted from the staff recommendations. - The projected revenue from the increase in both fees was used in completing the FY 2023-24 Proposed Budget presented to City Council on May 9, 2023.  Committee(s): - Not Applicable Pro(s): - Provides for cost recovery from those that directly utilize or benefit from the service, reducing the financial burden of City services on taxpayers. - Provides additional revenue to help balance the FY 2023-24 budget. Con(s): - A minimal increase in the cost of city services. Fiscal Impact: - Without updating the additional cart rental fee to align with the Council-approved increase to the Standard Municipal Solid Waste Fee, the projected revenue for Sanitation services will be lower than presented in the FY 2023-24 Proposed Budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-06-13","mt":"regular","id":"G","ref":"RES 23-128","it":"resolution","t":"Resolution authorizing the City Manager to enter into a three-year contract with ESRI Inc. for GIS software maintenance","desc":"Background: - On August 22, 2017, the City Council approved Resolution No. 17-185 ESRI, Inc. for a three-year contract for GIS software maintenance. - On May 26, 2020, Council approved Resolution No. 20-87 to renew the GIS contract with ESRI, Inc. for an additional three years. - Currently, the ESRI software is how spatial assets and data are collected, analyzed, and visualized throughout the City, including recent updates to the new Fire Station 13 service areas. - This contract would allow the City of Asheville to continue to enhance its GIS program using the ESRI software for GIS dashboards, Map Asheville, the open data program, water utility management, public safety, asset management, equity mapping and storytelling, and much more. Vendor Outreach Efforts: - Because of the standardization needed to maintain the City’s current GIS maps, no outreach was conducted. - A waiver was approved by the City Manager’s Office on April 13, 2023, in accordance with Outreach Exceptions Per State Statute § 143-129. Procedure for letting of public contracts (e) 6. iii. - ESRIi provides a competitive enterprise license agreement for public sector clients. - Changing the City’s underlying GIS infrastructure would result in significant costs in terms of lost productivity and the need to rebuild existing GIS assets.  Committee(s): - N/A Pro(s): - Increased support of departmental business requirements via greater options for GIS software licensing. - Ability to install additional software without additional purchases. - Mitigate impacts of increasing software maintenance costs. Con(s): - If continued funding for the future is not appropriated, some staff will lose the ability to utilize GIS software and data. - The City would lose many highly-used public GIS platforms such as the Open Data Portal, Map Asheville, Equity Story Maps, Climate Justice Index Map, and the Police Transparency Dashboard. As well as internal resources such as Water Infrastructure maps and Asset Management services for Capital Projects and Public Works. - Without access to ESRI, the City would lose GIS integration with current Asset Management software, Cityworks and Asset Essentials. Fiscal Impact: - Funding for the first year of this contract ($62,375 in total) is planned in the Water Services Fund ($5,675) and Information Technology Services operating budget ($56,700) for FY 2023-2024. - Future years will be planned in the annual budget development process. - The total three-year contract cost is $187,125 .","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-06-13","mt":"regular","id":"H","ref":"RES 23-129","it":"resolution","t":"Resolution authorizing the City Manager to amend an agreement with Azteca Systems LLC for hosting the enterprise asset management system","desc":"Background: - Cityworks asset management software provides a platform for Water Resources’ and Public Works’ asset management, work orders, inventory management, and reporting. - This software is utilized to track the use and costs of assets and to determine when preventative maintenance should occur. - The software tracks the cost of work performed by field personnel and allows for tracking of performance and reaction times for service calls received by customer service. - It also allows for a paperless workflow within departments and across departments using the system. - This is an annual software renewal that will allow for the continued use of the Cityworks software. - Cityworks is highly integrated with the City’s GIS program and includes all major physical assets maintained by Water Resources and Public Works (water mains, valves, hydrants, streets, fleet vehicles, etc.). - In the upcoming fiscal year, FY 2023-24, there are plans to begin expansion of Cityworks for use in the Transportation and Parks & Recreation Departments. - Past resolutions related to the City’s Cityworks contract include: 23-27 and 22-23. Vendor Outreach Efforts: - No outreach was required as this is amending an existing contract. - The City of Asheville conducted a competitive procurement process for an asset management software system for both Public Works and Water in 2016 and 2017. - The asset management system is designed to be used with any other city departments as needed. - There are a limited number of vendors providing enterprise asset management software, and after reviewing all available options, Azteca Cityworks was selected as the best overall value for the City of Asheville.  Committee(s): - N/A Pro(s): - Amending the current contract will provide a fully hosted product (Software As A Service). This allows for better security, data backup, and disaster recovery. - More efficient management of Water Resources and Public Works physical assets and infrastructure. - Automation of work orders and reporting.  Con(s): - Without this system, Water Resources and Public Works will not be able to proactively manage and maintain critical infrastructure. Fiscal Impact: - Funding for this contract is available in the Water Resources and Public Works departmental operating budgets. - Year 1: 05/10/2023 – 03/09/2024 $29,473.75 (Prorating this year’s fee to include hosting- $74,623.50 original amount) - Year 2: 03/10/2024 – 03/09/2025 $116,233.50","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-06-13","mt":"regular","id":"I","ref":"RES 23-130","it":"resolution","t":"Resolution authorizing the City Manager to execute an agreement with the Town of Black Mountain to provide funding support for Route 170","desc":"Background: - Asheville Rides Transit (ART) provides daily service between Downtown Asheville and Black Mountain via Route 170. - The total cost of operating the route is approximately $500,000 annually and the City received Federal transit grant funding through the Job Access Reverse Commute (JARC) program from the French Broad River Metropolitan Planning Organization to pay for 50% of the cost to operate route 170 for FY 2022-2023 and FY 2023-2024. - Earlier this calendar year, the City requested a contribution from the Town of Black Mountain to support a portion of the costs associated with operating the route. - Black Mountain agreed to provide $25,000 for the current fiscal year (FY 2022-2023) and next. - An executed agreement is necessary in order to receive and expend the funds for transit operations. This agreement will cover both fiscal years. - The Town of Black Mountain’s contribution will help offset the non-grant funded portion of the operational cost of the route. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - The $25,000 in revenue for FY 2022-2023 and $25,000 in revenue for FY 2023-2024 will help to offset existing transit service costs, reducing the overall General Fund contribution to the Transit Operating Fund. Con(s): - The City and Town of Black Mountain have not discussed future contributions beyond FY 2023- 2024, nor the possibility of an increased level of support in future years. - In the coming months, staff will work with Black Mountain to explore this possibility for FY 2024-2025. Fiscal Impact: - The $25,000 in revenue for FY 2022-2023 and FY 2023-2024 will help to offset existing transit service costs, reducing the overall General Fund contribution to the Transit Operating Fund. - The cost for this route is already included in the Transit Operating Fund for FY 2022-2023 and in the FY 2023-2024 Proposed Budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-06-13","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope: A Southside Neighborhood Vision Plan - continued to July 25, 2023","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"continuance","sq":12},{"d":"2023-06-13","mt":"regular","id":"IV-B","ref":"ORD 5020","it":"public_hearing","t":"Ordinance amending Chapter 7 of the Code of Ordinances to revise neighborhood meeting requirements for Level 2 projects and major subdivisions","desc":"Planning & Development Division Manager Chris Collins said that this is the consideration of an ordinance to amend Chapter 7 of the Code of Ordinances to revise neighborhood meeting requirements for Level 2 projects, major subdivisions and conditional zonings. This public hearing was advertised on June 2 and 9, 2023. Background: - The UDO currently has a requirement for prospective land developers to hold community/neighborhood meetings with nearby residents and owners prior to submitting an application for review of a Level II site plan, Major Subdivision or Conditional Zoning by the City. - City staff have worked with several groups including the Coalition of Asheville Neighborhoods, Legacy Neighborhoods Coalition and the Development Customer Advisory Group to create a set of clarified and standardized requirements to assist in making these meetings function well. - City staff have created several administrative tools such as notification letter templates, a guide to conducting and attending neighborhood meetings and a registration process whereby prospective developers can report scheduled and held pre-application neighborhood meetings. - While many of the detailed requirements and improvements are housed within these administrative tools, a change in the ordinance to require adherence to these guidelines and tools is necessary. - In addition to supporting the administrative framework to improve these meetings, the ordinance also increases the notification radius from 200’ to 400’ in all areas outside of the Central Business District and increases the minimum duration of notification from 10 days to 14 days. - At the March 1 PZC meeting, commissioners asked staff to investigate increasing the notice and time requirements for UDO required city sent notifications. Currently, the UDO requires that city staff send notice in the following circumstances to all property owners within 200 feet of the subject parcel: - Legislative Hearings (Such as conditional rezonings) - Major Subdivision Plats (Notice is sent after Technical Review Committee action (TRC)) - Level II Site Plan Reviews (Notice is sent after TRC action) - The following application types require notification of all abutting property owners only: - Zoning Variances - Quasi-Judicial Hearings (Such as variances and special/conditional use permits) - After staff review of the ordinance it is recommended that no changes be made to the City notice requirement radius of the items shown above. - Quasi-Judicial hearings require that participants have legal standing, and increasing the number of people notified will very likely increase those with concern but with no standing to participate. - Level II and Major Subdivision notifications are an after-action notification once the TRC has approved or denied a plat and/or site plan. This does not serve the same purpose as a pre-development application notification as it is meant to inform property owners likely to have legal standing to file an appeal. - Legislative hearings currently require notification of far more individuals than is required by NCGS Chapter 160D, which requires only abutting parcel owners be notified. In addition, all conditional zoning applicants will have been required to follow community meeting requirements and will have held a meeting per UDO provisions. - The City has worked toward ease of transparency and following of applications through the Development Notification Tool and individual application pages on simplicity.ashevillenc.gov. Comprehensive Plan Consistency: - This proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including ‘A Livable Built Environment’ and ‘Interwoven Equity’'. The following goals are applicable to this zoning amendment: - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking; prioritize growth and development within designated growth areas - Improve Community Involvement in Decision-Making - Create a More Formal Neighborhood Planning Process - Increase Access to Opportunities for All  Committee(s): - Planning & Zoning Commission: Recommended Approval by vote of 3-1 on 05/03/2023 - Neighborhood Advisory Committee: Heard report on 02/27/23 Pro(s): - Improves the consistency, clarity and access to UDO required pre-application neighborhood meetings. - Creates a formalized opportunity for possibly affected neighborhood residents to begin a dialogue with the prospective developer. - Creates multiple means of notification to promote equity in the pre-development neighborhood meeting process. - Creates a permanent record of the neighborhood input on development projects that will be attached to staff reports throughout the hearing and review process. Con(s): - May increase some administrative costs of developing property. - As more property owners would be notified (outside of the CBD) may promote resident opposition to some development. Fiscal Impact: - This action requires no City resources and has no fiscal impact. Staff Recommendation: - Staff recommends approval of the proposed zoning text amendment to establish new standards zoning text amendment to revise Sections 7-5-8, 7-5-9, 7-5-9.1 and 7-7-8 of the UDO in order to create new and improve existing requirements for pre-development application community meetings because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well.  Mr. Collins said that the key takeaways from this presentation are (1) This text amendment will create UDO requirements for the notification, commencement and reporting of required community meetings for Level II, Level III, Conditional Zoning and Major Subdivision development applications; (2) This text amendment will replace very general code language with specific requirements and parameters for required pre-development community meetings; and (3) Staff has worked with the Coalition of Asheville Neighborhoods, the Development Customer Advisory Group and the Legacy Neighborhoods Coalition in developing these new requirements. He then reviewed the current and proposed regulations of the notification timing and radius. Regarding the proposed regulations on the Central Business District, (1) Changes in the notification radius are not proposed for properties within the CBD zoning district; (2) Section 7.5.9.1 currently requires notification be sent to all addresses (rather than only property owners) for CBD zoned projects; (3) CBD zoned properties exist in a denser environment and 200 feet casts a wider net; and (4) Expansion to all addresses within 400’ would be quite burdensome to potential applicants. He said that regarding future phases - Notification vs. Simplicity, (1) The City’s Development Notification & Information tool currently allows all residents to opt-in to receive email notifications of development applications; (2) The proposed requirements will allow the same opt-in process to receive email notifications of scheduled community meetings; and (3) If ordinances are adopted, planned implementation will begin in the Summer of 2023. There was considerable discussion by Council, in which Mr. Colllins responded to various questions from Council. Some questions/comments surrounded why not have the same notification requirements inside the Central Business District; need for hybrid meetings; why aren’t mailed notices sent to all physical addresses and property owners; and what triggers the staff to require a developer to hold another neighborhood meeting. Council recommended, and Mr. Collins agreed that all mailed notices should be sent to all physical addresses and property owners with 400 feet of the proposed development site. Mayor Manheimer opened the public hearing at 7:31 p.m. Six individuals spoke in support of the amendment to the Unified Development Ordinance; and some relayed a disastrous developer/neighborhood community meeting. Mayor Manheimer closed the public hearing at 7:49 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read. maggie - moton notification requirement to property owners and residents","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2023-06-13","mt":"regular","id":"J","ref":"RES 23-131","it":"resolution","t":"Resolution authorizing the City Manager to ratify and amend existing transit subrecipient agreements for FTA Section 5310","desc":"Background: - There are a number of existing Federal Transit Administration (FTA) grants from between Fiscal Year FY 2017-18 and FY 2019-20 that have funds remaining that are encumbered under existing Subrecipient Agreements. - These Subrecipient Agreements were executed several years ago for the expenditure of FY 2017-18 and 2019-20 funds and expired in spring 2023. These existing agreements need to be extended so that Transit Division staff may process the remaining reimbursements. - Subrecipient Agreements will be extended based on confirmation of Subrecipient spending plans and in accordance with the timelines outlined in each FTA grant funding agreement. - City staff will provide outreach to Subrecipients semiannually to monitor progress on projects and spending plans. Agreement Subrecipient Description Funds Remaining  92100144 BUNCOMBE COUNTY PLANNING DEPAR(7155) FFY 2018 5310 - RIDE Voucher Program 52,337.00 92100163 BUNCOMBE COUNTY PLANNING DEPAR(7155) FFY 2019 5310 - RIDE Voucher Program 13,508.00 92200181 BUNCOMBE COUNTY PLANNING DEPAR(7155) FFY 2020 5310 - RIDE Voucher Program 20,112.00 92100160 COUNCIL ON AGING OF BUNCOMBE COUNTY, INC(30754) FFY 2019 5310 - Call a Ride Program 15,196.00 92100142 LAND-OF-SKY REGIONAL COUNCIL(1535) FFY 2018 5310 - Senior Companion Program 24,755.39 92100159 LAND-OF-SKY REGIONAL COUNCIL(1535) FFY 2019 5310 - Senior Companion Program 11,815.00 92200180 LAND-OF-SKY REGIONAL COUNCIL(1535) FFY 2020 5310 - Senior Companion Program 42,838.00 92100158 MADISON COUNTY(5440) FFY 2019 5310 - Mars Hill Transportation 17,426.00 92100162 MADISON COUNTY(5440) FFY 2019 5310 - Nutrition Access Program 14,745.00 92200178 MADISON COUNTY(5440) FFY 2020 5310 - Nutrition Access Program 9,757.16 92200179 MADISON COUNTY(5440) FFY 2020 5310 - Mars Hill Transportation 17,426.00 92100161 MOUNTAIN PROJECTS INC./ Haywood County (25067) FFY 2019 5310 - Deviated- Fixed Route 45,250.00 Vendor Outreach Efforts: - N/A - These funds are apportioned to the Asheville Urbanized Area (AUZA) annually by the Federal Transit Administration and are disbursed by the City of Asheville, as the Designated Recipient, to the regional transit agencies (Subrecipients), including Buncombe County, Henderson County, Haywood County, and area non-profit organizations receiving Section 5310 funds.  Committee(s): - N/A Pro(s): - The authorization will allow the City to process reimbursement requests for the City’s Transit Subrecipients. Con(s): - Expending the grant funds is dependent on the Subrecipients, which includes Buncombe County, Henderson County, Haywood County, and area non-profit organizations receiving Section 5310 funds.  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact, funding for these agreements were previously budgeted and encumbered. - The City passes through funding to each subrecipient and is not responsible for their local match.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-06-13","mt":"regular","id":"K","ref":"RES 23-132","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Witt O'Brien's LLC for administrative and training support","desc":"Background: - The City of Asheville is the Designated Recipient of Federal Transit Administration (FTA) grant funding that is allocated to the urbanized area. As the Designated Recipient, the City is responsible for administering the funding and processing the grants for the City’s transit program, as well as those of other area transit agencies (subrecipients). - The City is responsible for the timely administration of all grant funding and for ensuring that the City and the eight subrecipients are complying with the requirements of FTA funding. - There have been numerous staffing transitions in the Transit Grant Analyst position (currently vacant) over the last five years, and the number of FTA grants being administered has increased significantly since the pandemic. - This has created the need for additional grants management support and training of new Transit staff as well as additional support for assisting with the increased number of grants awarded to the area. - Transit Division staff issued a Request For Proposals (RFP) at the end of February 2023 seeking qualified professionals with FTA grant experience to provide grant administration support and training to transit staff. Proposals were due April 3, and seven proposals were received, including two DBE firms. - Witt O’Brien’s was selected by the selection committee and a contract not to exceed $124,982 is being proposed. Vendor Outreach Efforts: - The Request for Proposals was posted on the NC HUB website and direct outreach was done to individual certified DBE firms with experience related to federal transit grants and compliance. - A total of seven proposals were received including two proposals from certified DBE firms and one proposal that indicated it would utilize a MWBE/DBE firm as a subcontractor. - A selection committee of staff from Purchasing, Accounting, and Transit reviewed and ranked proposals, ultimately selecting Witt O’Brien’s. - The selected contractor is not a MWBE/DBE firm. - The selected contractor has indicated they have the ability and capacity to perform all services in-house. - They do not intend to outsource for any services under this contract.  Committee(s): - N/A Pro(s): - The selected consultant will provide needed grant administration support while also training existing staff. Con(s): - Funding for the consultant contract is partially funded through savings from the vacant Transit Grants Analyst position. Fiscal Impact: - Funding for the contract is available in the Transit Services Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-06-13","mt":"regular","id":"L","ref":"RES 23-133","it":"resolution","t":"Resolution reaffirming support of Asheville's LGBTQIA+ community","desc":"Resolution reads: “WHEREAS, Asheville is committed to interwoven equity for all residents, has passed an LGBTQIA+-inclusive Non-Discrimination Ordinance, and established a Human Relations Commission; and WHEREAS, hate crimes targeting LGBTQIA+ (lesbian, gay, bisexual, transgender, & queer) people have increased every year for the past four years; and mass shootings by domestic terrorists at LGBTQIA+ gathering spaces such as Club Q and Pulse have created fear and trauma in LGBTQIA+ communities across the country; and WHEREAS, events celebrating the existence, success and achievement of Asheville’s LGBTQIA+ community are often subject to harassment and disruption by a very small population; and WHEREAS, there has been a sharp increase in anti-LGBTQIA+ legislation in the US, with 474 anti-LGBTQIA+ bills filed in state legislatures across the country as of May of 2023 - representing a significant and nationwide attack on the rights of LGBTQIA+ people; and WHEREAS, the City of Asheville understands that certain legislative initiatives would have a significantly detrimental impact on the rights of LGBTQIA+ people in our community. Specific examples of concern include the following: (1) Legislation that would explicitly prohibit Asheville’s educators from using “locally developed curriculum” which reflects our community’s values and provides accurate information about the existence, experiences, and history of all our residents, including our LGBTQIA+ neighbors; (2) Legislation that would unfairly restrict the ability of Asheville’s transgender and gender-nonconforming youths to equally participate in “interscholastic or intramural athletic activities” by creating new “biological participation requirements” based on new interpretations of sex and gender; and (3) Legislation that would limit the ability of Asheville’s residents to access medical care, especially reproductive healthcare and gender-affirming healthcare, by reducing access to funding and criminalizing procedures; and WHEREAS, access to safe, affirming spaces and gender-affirming healthcare is critical for the mental and physical health of LGBTQIA+ people  and teens in particular, who are four times more likely to consider suicide than their cisgender and heterosexual peers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: The Asheville City Council hereby reaffirms support of Asheville’s LGBTQIA+ community, and that we celebrate LGBTQIA+ culture as part of the vibrancy of our city including, but not limited to, Pride celebrations, drag performances and LGBTQIA+ inclusion in every aspect of civic life, and that we condemn all violence, hatred, and discrimination against LGBTQIA+ people; LGBTQIA+ spaces, and LGBTQIA+ events; that we stand in opposition to all legislation that erodes the safety, health, civil rights, and/or bodily autonomy of LGBTQIA+ people; and that we will commit to using all of the tools at our disposal to shield our residents from the harmful impacts of such legislation.” George Swan was grateful for the City’s support of the LGBTQAI+ community, but there is much more work to be done. Jonathan Wainscott spoke about transgender athletes. Councilwoman Roney said that we have been working towards a resolution reaffirming LGBTQAI+ rights in our community and appreciated the specific inclusion of our youth and for live performances including drag performances. This is not only a matter of art and culture, but also an economic impact. In the face of such intense legislation in our county, now is the time to stand up for our youth. She said that the resolutions are a value statement but we have a lot of work to do in our community to make it safe for those who live and work here.. … Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-06-13","mt":"regular","id":"V-A","ref":"ORD 5021","it":"ordinance","t":"Ordinance adopting the FY2024 Annual Operating Budget","desc":"","c":"Budget & Finance","mo":"individual","mv":"Ullman","sec":"Mosley","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2023-06-13","mt":"regular","id":"V-B","ref":"ORD 5022","it":"ordinance","t":"Budget amendment of $100,000 in the General Fund from City Manager's Contingency to fund the City's annual contribution (Economic Development Coalition)","desc":"","c":"Economic Development","mo":"individual","mv":"Ullman","sec":"Smith","r":"passed","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2023-06-13","mt":"regular","id":"V-C","ref":"ORD 5023","it":"ordinance","t":"Budget amendment of $45,000 in the General Fund from City Manager's Contingency to fund the City's annual contribution (Sports Commission)","desc":"City Manager Campbell said that tonight will be the final step in the budget process that started (1) For staff in September with internal discussions; (2) With Council in December of 2022 with a discussion of the Capital Budget; (3) January - May, We provided numerous and early opportunities for public comment, that included an online survey and two public comment sessions starting in February and the required public hearing being held last Month; and (4) Also since January, Council has had 4 Budget workshops. She believed we can say we have had a pretty thorough budget process and hopefully you are ready to adopt the Manager’s Proposed Fiscal Year 2023-2024 Budget. She thanked our incredibly hard working staff. As you know, the Budget process takes a village with input provided by staff in all of our City Departments. She especially acknowledged and thanked staff in our Finance and Management Department, Finance Director Tony McDowell, staff in the Budget Division, led by Taylor Floyd, and our budget analysts- Heather Curry, Abigail Riley and Liz Greene for their patience throughout this process. And, she wanted to thank Mayor Manheimer and City Council Council for your service to this great City and for your time, for the input and guidance you have provided throughout this process. And last but certainly not least, she thanked community members who provided their input. In summary, the Proposed Budget totals approximately $240 million: (1) Recommends no change to the current property tax rate; (2) Includes employee compensation adjustments that reflect inflation in the labor market and local cost of living increases including a 5% salary increase for existing employees (6% for sworn police officers); (3) Continues funding core community services in a time of rising costs and provides additional investments in key core service areas in alignment with Council priorities; and (4) Strategically utilizes fund balance to advance Council’s priorities and balance the budget. As was discussed at your agenda briefing, staff would like to add one additional item to the proposed budget that wasn’t presented last month (1) What: North Carolina Advanced Firefighter Certification 5.0% Incentive Pay; (2) Rationale: This was a request from the AFD but wasn’t recommended in the initial proposed budget. A similar request was also requested and recommended for the Asheville Police Department. The addition of this incentive pay will hopefully strengthen our competitive edge in terms of recruiting and retaining public safety employees. The incentive pay encourages employees to further educate themselves which will result in a more skilled and highly trained workforce for the City of Asheville; (3) Estimated Annual Cost: Approximately $250,000; (4) Funding Strategy: Source of funds would be an Additional  Fund Balance Appropriation which would leave approximately 16% available above your 15% policy; and (5) Additional Compensation Consideration: We believe this type of incentive pay is beneficial not only for public safety employees but also for trades and labor positions. In the next budget cycle we will be aggressively pursuing these types of opportunities outside of the public safety plans. She wanted to send a clear message to our existing and potential employees that they can have a career with us and not just a job. Part of that process is what we are calling a Career Ladder plan which sends a clear path of upward mobility to our employees. As your training and skills are upgraded, your pay will be upgraded as well. She strongly believes that the best recruitment strategy is a good retention strategy. We think this is a good retention and recruitment strategy both for the Asheville Fire Department, Asheville Police Department, but also those in labor and trade positions. Staff Report: “ Actions Requested: (1) Adoption of an ordinance adopting the Fiscal Year 2023-24 Annual Budget; (2) Motion to recuse Mayor Manheimer from voting on the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Economic Development Coalition); (3) Adoption of a Fiscal Year 2023-24 budget amendment in the amount of $100,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Economic Development Coalition); (4) Motion to recuse Councilwoman Turner from voting on the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Sports Commission); and (5) Adoption of a Fiscal Year 2023-24 budget amendment in the amount of $45,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Sports Commission). Background: - The Fiscal Year (FY) 2023-24 Proposed Annual Operating Budget was presented to City Council on May 9, 2023. - In accordance with the North Carolina Local Government Budget and Fiscal Control Act, a summary of the Proposed Budget along with a notice of the Public Hearing was published on May 9, 2023. - The Proposed Budget, which totals $239.7 million: is a balanced and fiscally responsible spending plan that: - Recommends no change to the current property tax rate of $0.403 per $100 of assessed valuation; - Includes employee compensation adjustments that reflect inflation in the labor market and local cost of living increases including a 5% salary increase for existing employees (6% for sworn police officers). - Continues funding core community services in a time of rising costs and provides additional investments in key core service areas in alignment with Council priorities; - Strategically utilizes fund balance to advance Council’s priorities and balance the budget. - City Council conducted a Public Hearing on the Proposed Budget on May 23, 2023. - One adjustment to the Proposed Budget is included in the budget ordinance under consideration - adding a 5.0% pay for firefighters achieving advanced firefighter certification at an approximate cost of $250,000 to encourage and incentive advanced training resulting in a more skilled labor force. This change is funded through an additional appropriation of fund balance. - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated. - In accordance with this law, funding that was included in the Proposed Budget for the Economic Development Coalition and the Sports Commission has been moved to City Manager’s Contingency. - City Council must take separate actions via the budget amendments to allocate funding to the Economic Development Coalition and the Sports Commission.  Committee(s): - N/A Pro(s): - Ensures City’s compliance with North Carolina General Statutes that require local governments to adopt a balanced budget ordinance by July 1 of each year. - General Fund and Enterprise Fund budgets are balanced for ongoing operating expenses, and all essential City services are continued. Con(s): - None Fiscal Impact: - As noted above, the FY 2023-24 General Fund budget is balanced and recommends no change to the current property tax rate of $0.403 per $100 of assessed valuation.” Mayor Manheimer said that the public hearing on this was held on May 23, 2023. Councilwoman Roney felt it would be good in the future to know how much extra we would have in our Fund Balance before making the one-time allocations. Councilwoman Roney said that “Budgets are moral documents that fund our public services and represent our community values through allocation of our public tax dollars. This is my 8th budget cycle, 5 years from the audience, where I often didn’t hear reasons behind budget votes. Tonight, it is both a privilege and responsibility to make a statement on my budget position: (1) Starting with gratitude: thanks to neighbors who engaged through the process, including surveys, public hearings, and the additional comment period. Thanks to our Urban Forestry Commission and advocates for recommending partnership to fund and implement an Urban Forestry Master Plan to repair our tree canopy. Thanks to those pushing us to send the right responder with the right tools and training as we partner and work to expand emergency and proactive responses during public safety crises. Thanks for living wage advocates; (2) This budget includes Transit Study funding to explore collaboration between the City and County for coordination and expansion, and Urban Forestry Master Plan, and Reparations funding that I understand reflects the Community Reparations Committee recommendation with inclusion of compounding interest thanks to retreat input and recommendation by Councilwoman Moseley. The budget also includes shift and training incentives for public works and public safety staff; (3) This budget does not include: the full $20.10 living wage compliance based on the cost of housing to recruit and retain staff for the quality, equitable services our community deserves, and there’s more funding needed for our stated climate crisis and for Strategic Partnership Funds for youth programming; (4) There is serious work ahead to meet obligations and address gaps in our public safety response. I am thankful for the conversation about our strategic priorities in the worksession before this meeting that is archived on the city’s website. As our community recovers from overlapping crises, my number one objective is supporting partnership to improve public safety and wellbeing. This looks like addressing root causes of violence by expanding our public  safety response so behavioral health specialists are deployed to behavioral health crises, partnering for violence interruption programming, moving our community responder pilot to a fully-realized program as well as addressing root causes of crime by investing in community safety. I think a great first step forward doesn’t require imagining, it requires acting on bolstering partnership with the County’s Community Paramedicine Program to address deep needs addressing substance use poisoning, and mental and behavioral health since health and human services are roles and responsibilities of the County. If we limit investment in a strong, reliable public safety system moving forward by focusing solely on attempting to go back to a business as usual model, then we will miss the opportunity to shift to data-driven options that are available when the community needs us to pivot to meet this moment; (5) How we fund the budget matters. A significant amount of fund balance is being used as well as some ARPA/COVID-relief funds, which means identifying funding for future budgets will be a challenge; and (6) Lastly, We’re having hard conversations in City Hall because our community is having hard conversations, I’m going to support the seeds that are in this budget including transit, urban forestry to address climate crisis and neighborhood resiliency, a growing reparations fund, and the community responder pilot program. I’m committed to the work to ensure quality, equitable service outcomes with this Council of caring and capable colleagues, and I’m encouraged in this work because I know our neighbors care and demand better.” Councilwoman Mosley thanked the City Manager for the inclusion of the North Carolina Advanced Firefighter Certification 5.0% Incentive Pay. She also appreciated the comments made by Councilwoman Roney and hoped we ask the City Manager to look into everything she mentioned so we might possibly amend the budget in the future. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read. When Councilwoman Turner inadvertently omitted that she had a conflict in accordance with N.C. Session Law 2021-191 (S.B. 473) (Asheville Downtown Association), City Attorney Branham suggested that she be recused from voting on all the budget adoption items presented at this meeting.","c":"Transportation","mo":"individual","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":1,"mr":"contested vote","sq":18},{"d":"2023-06-13","mt":"regular","id":"V-recuse-Manheimer","ref":"","it":"other","t":"Motion to recuse Mayor Manheimer from voting on the budget amendment (Economic Development Coalition conflict)","desc":"","c":"Economic Development","mo":"procedural","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2023-06-13","mt":"regular","id":"V-recuse-Turner","ref":"","it":"other","t":"Motion to recuse Councilwoman Turner from voting on the budget (Asheville Downtown Association conflict)","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2023-06-13","mt":"regular","id":"VI-A1","ref":"RES 23-134","it":"appointment","t":"Resolution appointing a member to the African American Heritage Commission (ShaLinda Pruitt)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. The term of Ashley Wilberding will expire on July 1, 2023. The following individuals applied for the vacancy: TiffanyFlunory DeBellott, Karon D. Johnson, Paul Tay and ShaLinda Pruitt. It was the consensus of the Boards & Commissions Committee concur, to appoint ShaLinda Pruitt..","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"no material signals","sq":19},{"d":"2023-06-13","mt":"regular","id":"VI-A2","ref":"RES 23-135","it":"appointment","t":"Resolution appointing a member to the Airport Authority (reappoint Susan Russo Klein)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Airport Authority. The term of Susan Russo Klein will expire on June 30, 2023. The following individuals applied for the vacancy: David Smith, Wayne Bailey, Paul Tay, Sandra Frempong, Bryan Sklar, Tal Frankfurt and Robert Sponder. The Chair and Airport President and CEO recommended, and the Boards & Commissions Committee concurred, to reappoint Susan Russo Klein.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"no material signals","sq":20},{"d":"2023-06-13","mt":"regular","id":"VI-A3","ref":"RES 23-136","it":"appointment","t":"Resolution appointing a member to the Buncombe County Tourism Development Authority (Lucious Wilson)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority. The term of Andrew Celwyn (representing an owner of restaurant, brewery, distillery, or winery open for tours/tasing, or executive director of ticketed arts organization) expires on August 31, 2023. The following individuals applied for the vacancy: Lucious Wilson, James Donaldson, Mindi McGlynn and Steven Goff. The Chair of the Buncombe County Tourism Development Authority recommended, and the Boards & Commissions Committee concur, to appoint Lucious Wilson. Councilwoman Roney said that all applicants were great and she would have preferred to interview for our state and judicial boards; however, she was excited to support Mr. Wilson.","c":"Economic Development","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":1,"mr":"policy category","sq":21},{"d":"2023-06-13","mt":"regular","id":"VI-A4","ref":"RES 23-137","it":"appointment","t":"Resolution appointing members to the Civic Center Commission (reappoint John Ellis and Chad Evans)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission.  The terms of Corey Atkins, John Ellis and Chad Evans, as members on the Civic Center Commission, expire on June 30, 2023. No one applied for the vacancies. The Chair and staff liaison of the Civic Center Commission recommended, and the Boards & Commissions Committee concurred, to appoint John Ellis and Chad Evans and re-advertise for the third vacant seat.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"no material signals","sq":22},{"d":"2023-06-13","mt":"regular","id":"VI-A5","ref":"RES 23-138","it":"appointment","t":"Resolution appointing members to the Historic Resources Commission (reappoint Will Hornaday)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Historic Resources Commission. The terms of Emily Spreng and Will Hornaday, as members on the Historic Resources Commission, expire on July 1, 2023. The following individual applied for the vacancies: Claire Thomas. The staff of the Historic Resources Commission recommend, and the Boards & Commissions Committee concur, to reappoint Will Hornaday and appoint Claire Thomas..","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"no material signals","sq":23},{"d":"2023-06-13","mt":"regular","id":"VI-A6","ref":"RES 23-139","it":"appointment","t":"Resolution appointing members to the Human Relations Commission (Susan Ann Sacco and Candace)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. The terms of Daniel Young, Crystal Michelle Reid, Ellen Kathrein, Donald Post, Tanya Rodriguez and DeLores Venable expired on June 1, 2023. In addition, Brandon Oliver resigned, thus leaving an unexpired term until June 1, 2024. The following individuals applied for the vacancy: Diamond Sloan Couch (applicant withdrew her name), Babette Freund, Susan Ann Sacco, Candace Blanchard, David Shaw, John Miall, Robyn Hite, Andy Bobowski and Willa Grant. It was noted that the membership was reduced from 15 to 9 members, so while there are seven vacancies, Council needs only to fill six seats for the nine member board.  The Chair of the Human Relations Commission recommends, and the Boards & Commissions Committee concur, to (1) reappoint Daniel Young, Crystal Michelle Reid, Ellen Kathrein and Donald Post; and (2) appoint Susan Ann Sacco and Willa Grant. After discussion,","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"no material signals","sq":24},{"d":"2023-06-13","mt":"regular","id":"VI-A7","ref":"RES 23-140","it":"appointment","t":"Resolution appointing members to the Multimodal Transportation Commission (reappoint Jack Ingelman)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Multimodal Transportation Commission. The terms of Dennis Wencel and Jack Ingelman (all at-large representatives) expire on July 1, 2023. In addition, Patricia Katz resigned as an at-large representative), thus leaving an unexpired term until July 1, 2023. The following individuals applied for the vacancy: Abigail Griffin, Lance Ball, Shelley McKechnie, Tom Hunter, Marian Ladner, Joseph Barker, Scott Lewandowski, Jerad Crave, Brendan Connor, Jaik Smith, Prabhu Kannan, Jonathan Robinson, Victoria Whitley, Nathan Weber,, Paul Tay, Mike Zukoski, Ashley Greenstein and Benjamin Stover. The Multimodal Transportation Commission recommends, and the Boards & Commissions Committee concur, to reappoint Jack Ingelman and appoint Joseph Barker and Mike Zukoski.","c":"Transportation","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":1,"mr":"policy category","sq":25},{"d":"2023-06-13","mt":"regular","id":"VI-A8","ref":"RES 23-141","it":"appointment","t":"Resolution appointing members to the Neighborhood Advisory Committee (Sandra Frempond, Jo Taylor)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The terms of Sharon Sumrall (28805), Wendy Haner (28804) and Peter Abzug (at-large) expire on July 1, 2023. The following individuals applied for the vacancies: Dane Barrager, Sandra Frempond and Jo Taylor.  The Boards & Commissions Committee recommend appointing Dane Barrager (at-large representative), Joe Taylor (28804 representative) and Sandra Frempond (28805 representative).","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"no material signals","sq":26},{"d":"2023-06-13","mt":"regular","id":"VI-A9","ref":"RES 23-142","it":"appointment","t":"Resolution appointing members to the Public Art & Cultural Commission (reappoint Pete Perez, Shirley Walker Whitesides and Pat)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Cultural Commission. The terms of Andrew Fletcher, Katie Cornel, Pete Perez, Marsha Almodovar, Shirley Walker Whitesides and Pat Kappes, as members on the Public Art & Cultural Commission, expire on June 30, 2023. The following individuals applied for the vacancies: Carlos A. Fernandez, Kurt Perschke, Parker Browne, Thomas McLaughlin, Paul Tay and Kevin King. The Chair and staff of the Public Art & Cultural Commission recommended, and the Boards & Commissions Committee concur, to reappoint Pete Perez, Shirley Walker Whitesides and Pat Kapes; and to re-advertise for the other three vacant seats.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1iCFcE0gUSgoypTZk4vMQAhAFyk0PrEOb/view?usp=drive_link","mat":0,"mr":"no material signals","sq":27},{"d":"2023-06-27","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held June 8, 2023 and the formal meeting held June 13, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-06-27","mt":"regular","id":"B","ref":"RES 23-143","it":"resolution","t":"Resolution authorizing the City Manager to sign a contract with W.K. Dickson for engineering services associated with the water distribution system","desc":"Background: - The Water Resources Department has prioritized this water system improvement project for the current fiscal year and is seeking engineering design and project management assistance for this project. - The water system improvement project includes the installation of approximately 3,000’ of new 24” Transmission Main and appurtenances from College St, along Woodfin St to Central Ave and along Central Ave to E. Chestnut St - This project will provide a critical redundant water transmission main for the North Asheville water service area - The existing transmission main, which serves as the primary feed to the North Asheville water service area, crosses under I-240 and is buried deep, meaning if repair of the line was required, it would be lengthy in duration and coordination would be difficult due to impacts to I-240. - For those reasons, providing a redundant backup transmission main is critical to the resiliency of the water system. - This project is part of the Water Resources Departments ongoing Capital Improvement Program. Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020 the City of Asheville selected four consulting firms to provide on-call professional services for Water Distribution and Storage Projects. - WK Dickson & Co.was one of the selected firms due to their expertise in areas of water distribution projects and project development. - The City of Asheville entered into a master agreement with WK Dickson & Co. on September 22, 2020 for on-call professional services for Water Distribution and Storage Projects. valid for three years with the option to renew for two additional years. - If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Water Distribution and Storage Projects was the best method to deliver this project and WK Dickson & Co. was specifically qualified to provide the required engineering services. - No other vendor outreach was performed.  Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. - WK Dickson & Co. has successfully provided engineering services for other water system improvement projects. Their experience with the city’s water system and expertise in water distribution projects will lead to a successful project with lesser negative impacts to customers and the city’s water system. Con(s): - Failure to award an engineering services contract would prevent the Water Resources Department from completing the water system capital improvement project in a timely manner and delay the replacement of the aging existing water system. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-06-27","mt":"regular","id":"C","ref":"RES 23-144","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Tarheel Paving and Asphalt, Inc. for the FY2022-23 asphalt resurfacing","desc":"Background: - The main scope of the project is the resurfacing of 7 streets for a total of 1.16 miles. - The contract was advertised on April 17, 2023 and bids were opened on May 11, 2023. - The following bids were received: Tarheel Paving and Asphalt, Inc. of Hendersonville, NC ` $839,861.90 French Broad Paving, Inc. of Marshall, NC $847,901.50 JLS Company, LLC of Skyland, NC $1,281,916.88 Rogers Group of Nashville, TN $1,441,396.15 Bryant’s Land and Developments Industries, Inc. of Burnsville, NC $1,681.405.70 Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors. - Only one company from an identified disparity group (Black American) was found in the ten-county area and staff directly contacted that company. - The company did not submit a bid. - Two women-owned businesses were also directly contacted and one submitted a bid. - Two women-owned companies will be operating as subcontractors on the project. The two WBE companies are Appalachian Paving and Concrete of Swannanoa, NC, and New Dimensions of Fletcher, NC. - Tarheel Paving anticipates expending 6.8 percent of the total dollar amount of the contract with these companies.  Committee(s): - None Pro(s): - The award of this contract will result in the resurfacing of 1.16 miles of City streets. Con(s): - This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-06-27","mt":"regular","id":"D","ref":"RES 23-145","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Bene Vivere LLC d/b/a Steri Clean North Carolina for biohazard waste cleanup","desc":"Background: - In 2022, the Public Works Sanitation Division was awarded $500,000 in American Rescue Plan Act (ARPA) funding to implement a litter and cleanliness program. - The Public Works Sanitation Division proposed to fill a current service gap by providing services for roadside litter and hot spot litter collection, including cleanup of sites which may contain biohazardous materials. - Two RFP’s were issued in 2022 for 1) Biohazardous Material Cleanup and 2) Roadside Litter Collection, and two separate contracts were executed in March 2023. - The originally approved contract for biohazardous waste clean up was terminated due to an inability to reach a consensus on cost with the selected vendor. - A new bid was issued 4/27/2023 and bids were received on 5/24/2023. Bene Vivere LLC DBA Steri Clean North Carolina is the lowest responsive, responsible bidder. - This new contract will replace the one approved by Council on February 28, 2023, and will be allocated no additional funding beyond that which was previously approved by City Council for this purpose. Vendor Outreach Efforts: - Funding for this project is from Federal American Rescue Plan Act grant funding and outreach and engagement efforts followed federal guidelines. - Staff performed outreach to disadvantaged business enterprises and minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and the North Carolina Department of Administration Historically Underutilized Business (HUB) website. - Staff also used the City of Asheville List of Certified Business spreadsheet, NCDOT Directory of Firms and the North Carolina HUB website to search for DBE and MWBE companies to whom to directly advertise the contract. - The lowest, responsive, responsible bidder is a sole-proprietor, woman-owned firm and does not propose to subcontract any of the work.  Committee(s): - N/A Pro(s): - Supports Council’s goal for a Clean and Healthy Environment - Supports Council’s FY23 priority to Improve and Expand Core Services - Supports Citywide cleanliness efforts Con(s): - Currently there is no funding to continue these expanded core services beyond the grant funding. - Additional project and contract management duties will be added to existing staff workload without additional staffing capacity. Fiscal Impact: - Funding for this contract ($500,000) was previously budgeted through the ARPA allocation process.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-06-27","mt":"regular","id":"E","ref":"RES 23-146","it":"resolution","t":"Resolution authorizing the City Manager to execute a one-year contract renewal with Smith","desc":"Background: - The contract has provisions for two one-year renewals with each renewal having a 3 percent price increase. - The original contract was for $61,000.00. The first renewal will be $62,830.00 and the second renewal will be for $67,715.00. The total contract value if both renewals are used will be $191,545.00. - The contract is for maintenance of City-owned planting beds and medians throughout the City. - Bids for the original contract were opened on May 27, 2022 and only one bid was submitted: Smith and Lloyd Landscapes, LLC, Mills River, N.C., $61,000.00. Vendor Outreach Efforts: - For the original contract, staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and the N.C. Dept. of Transportation MWBE databases for potential contractors. - Three companies in an unidentified disparity group were found and directly contacted. None of the companies submitted bids. - Subcontractors are not used on this contract.  Committee(s): - N/A Pro(s): - Will help maintain City-owned planting beds and islands. Con(s): - None Fiscal Impact: - Funding for this contract is available in the Public Works Department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-06-27","mt":"regular","id":"F","ref":"RES 23-147","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Appalachian Paving and Concrete for the FY2023-24 utility cut concrete project","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility Program. - This program is an enterprise fund that is supported by the participation and work generated by partner agencies (Metropolitan Sewerage District, Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division), and individual permit fees from other, typically lower volume customers. - As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. - At times these activities cut concrete infrastructure such as curbs and sidewalks. When this occurs the Utility Cut Program must have a method to address these areas. - This contract serves as an instrument to address the unpredictable nature of these cuts in the City infrastructure, and eliminates the possibility of City employees being removed from the more routine scheduled maintenance of existing infrastructure. - The quantity and location of the concrete repairs performed under this contract is dictated by development and repair work performed by the partner utilities. - This is the eleventh year that a private contractor has performed this service. - The contract was advertised on April 24, 2023 and bids were opened on May 12, 2023. - One bid was received: Appalachian Paving and Concrete, Inc. of Swannanoa, NC at $355,036.00. - The contract work is expected to begin in mid-August 2023 and to take approximately one calendar year to complete. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the City of Asheville list of certified MWBE business, the NC Historically Underutilized Business database, and the NCDOT MWBE database for  potential contractors. Only two companies from an identified disparity group were found in the ten-county area and staff directly contacted those companies. - The companies did not bid for this contract.  Pro(s): - Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s): - None Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partner agencies participating in the program. The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery. - Funding for this contract will be available in the FY 2023-24 Street Cut Utility Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-06-27","mt":"regular","id":"G","ref":"RES 23-148","it":"resolution","t":"Resolution to revoke Resolution No. 21-140 and adopt a new resolution authorizing the City Manager to purchase non-health-benefit-related insurance","desc":"Background: - In 2019, Asheville City Council adopted Resolution No. 19-185; authorizing the City Manager to purchase non-health benefit-related insurance policies and issue property claim-related payments up to $500,000. - In 2021, Asheville City Council revoked Resolution No. 19-185 and adopted Resolution No. 21-140; authorizing the City Manager to purchase non-health benefit-related insurance policies and issue property claim-related payments up to $750,000 as insurance premiums increase. - Annually, the City of Asheville (City) renews policies to provide coverage against risk exposures, including but not limited to: excess workers’ compensation and liability (general liability, public officials, employee practices, and law enforcement), dam liability,  property (structures/vehicles/equipment), crime, cyber, flood, and builder’s risk, when necessary. - All policies are quoted via the City’s Insurance Broker of Record to ensure appropriate coverages are obtained from the commercial insurance market. - Annually, Asheville City Council approves policy premium costs budgeted within the City’s Workers’ Compensation and Property & Liability Funds. - City property insurance premium increased from $463,026 in Fiscal Year (FY) 2020-21 to $649,660 in FY 2021-22 and $741,453 in FY 2022-23, respectively. - Staff believes premium rates will continue to rise, and it is, therefore, necessary to update this delegation of authority again by seeking City Council authorization to (1) purchase policies up to $1,000,000 per policy; and (2) pay City property claim-related expenses, authorization. - Vendor Outreach Efforts: - All insurance policies obtained by the City Risk Management Division are done so via the City’s Insurance Broker of Record; which seeks insurance quotes from insurance carriers capable of meeting the City’s insurance needs  Committee(s): - N/A Pro(s): - Ensures no policy lapse that may financially expose City employees and assets. - Timely insurance policy renewals and good standing with City insurance carriers. - Ensures timely property claim-related payments to expedite City asset repair/replacement. Con(s): - None Fiscal Impact: - Funding for City insurance policy premiums is available in the Property and Liability Fund. - Property claim payments utilize funds received from City insurance carriers to repair/replace damaged City assets, less related deductibles.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-06-27","mt":"regular","id":"H","ref":"RES 23-149","it":"resolution","t":"Resolution authorizing the City Manager to ratify and amend the existing transit operations and maintenance contract","desc":"Background: - The City of Asheville has a contract for the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system. - In 2017, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART and RATPDev USA was selected to be the contractor. - The initial contract was for 4 years and ended June 30, 2021. - The contract allowed for two 2-year optional contract extensions (for a total of another 4 years). - The City opted to exercise the first of the 2-year optional contract extensions, which began July 1, 2021 and will end June 30, 2023. - Therefore, this contract amendment will initiate the second/final 2-year optional contract extension. - The proposed amendment will be the fourth amendment to the contract and it will cover services provided between July 1, 2023 and June 30, 2024. - Amendment 1 was approved in August of 2019 and was done to reflect the increased services (and budget) that were implemented in January 2020. - Amendment 2 was approved in October 2021 (FY 2021-22) and included the annual increase to the base contract to reflect increases to the revenue-hour rate and monthly fixed fees. - Amendment 3 included an increase over the FY 2021-22 contract amount of $953,835, for a total of $10,107,322. This funding was included in the approved FY 2022-23 Transit Services operating budget and included the following: - $402,835 - annual increase to the base contract that reflected increases to the revenue-hour rate and monthly fixed fees. - $551,000 - provided to fund a wage increase of $2.00 per hour for RATPDev ART staff. - Amendment 4 (proposed with this action) will include an increase over the FY 2022-23 contract amount of $538,607, for a total of $10,645,929. - There are no proposed changes to the language of the Contract with this amendment. - Note: The overall contract for transit operations and maintenance that was awarded to RATPDev in 2017 will end in June 2025. A new RFP will need to be developed and released well in advance of the contract end. Therefore, staff expects to begin the process of developing an RFP in FY 2023-24. Vendor Outreach Efforts: - N/A. This is a current contract. An extensive outreach process was conducted in 2017 when the transit operations and maintenance contract was put out for bid.  Committee(s): - None. This is an administrative action. Pro(s): - Supports the continuation of current/existing transit service levels. Con(s): - Will result in increased transit operational costs for the current/existing service levels. Fiscal Impact: - Amendment 4 includes an increase of $538,607, for a total of $10,645,929, to the annual contract for transit operations and maintenance over FY 2022-23. - The increase in budget reflects the increase in cost of continuing the current/existing transit service. - Funding for this contract is included in the FY 2023-24 Transit Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-06-27","mt":"regular","id":"I","ref":"RES 23-150","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Buncombe County for ADA paratransit services","desc":"Background: - The City contracts with Buncombe County’s Mountain Mobility to provide the City’s federally required ADA Paratransit Services. - Paratransit services ensure that individuals with disabilities can access transportation services as equitably as possible. - The ADA requires that complementary paratransit operates equivalent hours and service areas as the fixed-route buses. - The contract cost for FY 2023-24 is estimated to be $1,000,000 and is based on the per-mile rate of $3.20 and anticipated number of service miles to be provided. - Funding to pay for the Paratransit Services contract was budgeted in the Transit Operations Fund for FY 2023-24 when the City budget was approved on June 13, 2023. Vendor Outreach Efforts: - N/A. This is a current contract.  Committee(s): - None. Pro(s): - Supports the continuation of current/existing paratransit services. - Ensures sufficient funding to pay for services as required by the contractual agreement. Con(s): - None  Fiscal Impact: - Funding for this contract is included in the FY 2023-24 Transit Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-06-27","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider approving a Land Use Incentive Grant for 46 Aston Street - continued to July 25, 2023","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"continuance","sq":12},{"d":"2023-06-27","mt":"regular","id":"IV-C","ref":"RES 23-153","it":"public_hearing","t":"Resolution to permanently close an unopened right-of-way adjacent to 26, 30, 34, and 38 Sunrise Drive","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close an unopened right-of-way adjacent to 26, 30, 34 and 38 Sunrise Drive. This public hearing was advertised on May 26, June 2, 9 and 16, 2023. Background: - City Council passed a resolution on May 23, 2023 to set a public hearing for the proposed right-of-way closure on June 27, 2023. - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Mike and Emily Sule (26 Sunrise Dr.; PIN 9638-77-3009) have petitioned for this closure on behalf of themselves and neighbors at 30, 34, and 38 Sunrise Drive. - The unopened right-of-way currently serves as the primary driveway access to 26, 30, 34, and 38 Sunrise Drive. - The unopened right-of-way was originally platted as “Westview Place” in 1924 and 2005 but was never accepted by the City. - All homes fronting this right-of-way have Sunrise Drive addresses for mailing and E911 purposes. - The right-of-way will be divided among the 4 properties and a new plat with appropriate water and Metropolitan Sewerage District easements will be filed. - Signs were placed at two locations along the right-of-way announcing the public hearing and potential closure.  Committee(s): - Technical Review Committee - March 20, 2023 - Recommended approval - Multimodal Transportation Commission - April 26, 2023 - Unanimous approval Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact. Ms. Morriss said that (1) Mike and Emily Sule (26 Sunrise Dr.; PIN 9638-77-3009) have petitioned for this closure on behalf of themselves and neighbors at 30, 34, and 38 Sunrise Drive; (2) The unopened right-of-way currently serves as the primary driveway access to 26, 30, 34, and 38 Sunrise Drive; (3) The unopened right-of-way was originally platted as “Westview Place” in 1924 and 2005 but was never accepted by the City; (4) All homes fronting this right-of-way have Sunrise Drive addresses for mailing and E911 purposes; and (5) The right-of-way will be divided among the 4 properties and a new plat with appropriate water and Metropolitan Sewerage District easements will be filed by the Applicant. She showed a map of the proposed closure. Regarding Committee/Commission recommendations: (1) Technical Review Committee (TRC) - March 20, 2023, recommendation was to approve the closure; and (2) Multimodal Transportation Commission - April 26, 2023, recommendation was to approve the closure. Vice-Mayor Kilgore opened the public hearing at 5:31 p.m. Emily Muscarella and Sasha Bannister each spoke in support of the right-of-way closure and the benefits of the closure. Vice-Mayor Kilgore closed the public hearing at 5:36 p.m. Vice-Mayor Kilgore said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2023-06-27","mt":"regular","id":"IV-D","ref":"ORD 5024","it":"public_hearing","t":"Ordinance to conditionally zone 319 Biltmore Avenue from Regional Business District to Residential Expansion/Conditional Zone","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 319 Biltmore Avenue from Regional Business District to Residential Expansion/Conditional Zone. This public hearing was advertised on June 16 and 23, 2023. Project Location and Contacts: - The project site totals two parcels with a total area of 4.59 acres located at 319 and 311 Biltmore Avenue (PINs: 9648-46-1623 (north) and 9648-46-0425 (south). - New address for buildings will be on John Walker Avenue. - Owner: City of Asheville. Summary of Petition: Project Site - The project site consists of two parcels separated by the road parcel for John Walker Avenue totalling 4.59 acres located between Biltmore Avenue and Lee Walker Lane. - The site is currently zoned Regional Business (RB). - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion - Conditional Zone (RES EXP-CZ) district is required. - The project site is currently an open vacant lot with minimal tree growth in the southern area of the south parcel. - The open area of the lot is disturbed and flat and was the site of an automotive dealership that has been removed. - The Future Land Use map designates the property as “Downtown” that abuts “Traditional Neighborhood” and “Employment/Anchor Institution Center”. - A change in the FLU designation will not be required. Overall Project Proposal - New building construction includes two buildings with a total of 221 residential units. - Other site improvements include amenity space, a courtyard, separate leasable space, expanded off-street parking, new sidewalks, and retaining walls along the southern parcel’s surface parking. - A total of 30% of the units (67 units) will be affordable with a target of 20% (45 units) at 60% AMI and below and a target of 10% (22 units) at 80% AMI and below, all for a minimum of 30 years. Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The maximum building height of the proposed project is approximately 58 feet, as measured to the ceiling of the highest occupiable floor. - Maximum density in the RES EXP district is 50 units/acre for this project, since more than 20% of the dwelling units are affordable at 80% AMI or below. The proposed project’s density is 45 units/acre. - The RES EXP district requires 15’ front yard, rear yard, and side yard setbacks. The project is proposing a front yard setback of 0’, rear yard setback of 12’, and is compliant with the 15’ side yard and 7.5’ side yard setbacks for the corner lots along Lee Garden Ln and Biltmore Ave. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 59% (a reduction from the existing 90% impervious). Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and property line buffers. All are compliant. - The project complies with tree canopy protection with the planting of tree canopy for a total of 21,840 square feet (10.1%). - The project complies with minimum open space at a rate of 20% of the site. Access, Sidewalks and Parking - Three transit routes serve Biltmore Avenue (S1, S2, and S5) at two stops - the outbound stop is located on the parcel, the inbound stops are about 0.2 miles to the north and south of the site. - Access to the site will be provided for the southern parcel by a new proposed driveway on Lee Walker Lane and an under-building entrance along John Walker Avenue for both buildings. - The project will include a total of approximately 256 parking spaces with 12 accessible spaces. - The project proposes 24 bicycle parking spaces (13 are required) including internal bike storage. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary access corridor and internally throughout the site. - The project is keeping existing sidewalks and proposing new sidewalks varying in width from 5-10’ internal to the site and connecting to the existing sidewalk along the common building frontage. - The project is seeking technical modifications related to the existing sidewalk and internal sidewalk requirements. (See below). Technical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process including: - Sidewalk construction on Biltmore Avenues is dependent on the final resolution of a transportation project affecting Biltmore Avenue and John Walker Avenue. - Five foot-wide sidewalks internal to the site instead of the required 10 foot-wide standard. - No bike lanes into the development. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks. - Promote the Development and Availability of Affordable and Workforce Housing - by leveraging city resources for the development and maintenance of subsidized housing, including housing for low- and moderate-income families and individuals, senior housing, and workforce housing. - The proposed development is compatible with the Future Land Use designation of \"Downtown\" and abuts “Traditional Neighborhood ''. The project is compatible as “Downtown is also an important residential area and it benefits from having year-round full time residents… through new development is important for the future including market rate and affordable residential housing.” “Traditional Neighborhood”: the project enhances a transition to neighborhoods that offer opportunities for infill housing in order to improve the supply and mix of housing options.” Compatibility Analysis: - The proposed multi-family residential project is compatible and provides affordable and  multi-family housing in the southern part of downtown and a transitional element with the surrounding land uses, including: - Already redeveloped Maple Crest multi-family affordable housing to the west of the site. - Transitioning to institutional and commercial uses located generally to the north, south and east of the project site along Biltmore Avenue.  Committee(s): - Technical Review Committee (TRC) - March 6, 2023 - Approved with Conditions. - Planning & Zoning Commision (PZC) - May 3, 2023 Continued, June 7, 2023 - Approved (Vote 4:1) with the following conditions: 1) The applicant will work with the City to install sidewalks consistent with the following limitations based on available information: - Provided the City of Asheville and the NCDOT can produce engineered plans sufficient to design and install sidewalk infrastructure linked to final plans, whether the project includes a signal and/or turn lane construction, prior to the issuance of a building permit, the applicant shall install 10' sidewalks consistent with the final roadAve location which may include additional sidewalk and plaza space to the edge of the building. - In the alternative, if no plans are available, the applicant shall only be responsible for eliminating three existing curb cuts on the 8 foot sidewalks adjacent to Biltmore Avenues. - If no later than the end of calendar year 2023, the City and/or NCDOT determine that no turn lane will be built, the applicant shall install a 10-foot sidewalk along Biltmore Avenue frontage. 2) that the applicant will work with City departments to determine and install an appropriate high-visibility crosswalk, which will include a speed table, across John Walker Ave at the access point to both buildings. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. Regarding the site plan, (1) Two parcels shown (~4.95 acres); (2)221 units proposed; (3) 30% Total Affordable, 20% at 60% AMI and 10% at 80% AMI for 30 years; (4) 102 units north bldg / 119 units south bldg; (5) Access from John Walker Avenue (roadway built) and Lee Garden Lane; (6) Sidewalks existing or to be built along all road frontage of Biltmore, John Walker and Lee Garden; (7) Approx 256 spaces under building and surface lot; (8) Activation on Biltmore - Amenity space (north) Retail space (south); and (9) Retaining walls shown. He then reviewed the landscape and open space plan, noting that it accommodates new pedestrian features with framed plantings. Building details include an internal bike storage; amenity space; two leasable spaces; and a courtyard. He then reviewed the building elevations. He then showed a rendering of John Walker Avenue. Regarding conditions, (1) Affordable housing is included in the Project - A total of 30% of the units (66 units) will be affordable at a minimum of 80% below with a target of 20% (44 units) at 60% AMI and a target of 10% (22 units) at 80% AMI all for a minimum of 30 years; (2) Technical Modifications: (a) The project proposes a minimum of five foot-wide sidewalks internal to the site instead of the required 10 foot-wide standard; (b) The  project proposes a new 6 foot-wide sidewalk along a portion of Lee Garden Lane where no sidewalk is currently installed, consistent with existing sidewalks along Lee Walker Lane where a 10 foot-wide sidewalk is required; (c) The Project proposes a front setback of 0 feet, and side setbacks of 15 feet and rear setbacks of 12 feet. Corner portions of the lots, along Lee Garden Way and Biltmore Avenue, shall have setbacks of 7.5 feet; and (d) No bike lanes will be provided into the development due to the low speed limits and recommendations from City of Asheville Transportation Dept. The applicant will work with the City to install sidewalks consistent with the following limitations based on available information: (1) Provided the City of Asheville and the NCDOT can produce engineered plans sufficient to design and install sidewalk infrastructure linked to final plans, whether the project includes a signal and/or turn lane construction, prior to the issuance of a building permit, the applicant shall install 10' sidewalks consistent with the final road location which may include additional sidewalk and plaza space to the edge of the building; (2) In the alternative, if no plans are available, the applicant shall only be responsible for restoring three existing curb cuts on the 8 foot sidewalks adjacent to Biltmore Avenues; and (3) If no later than the end of calendar year 2023, the City and/or NCDOT determine that no turn lane will be built and the curbline along Biltmore Avenue will not be changed, the applicant shall install a 10-foot sidewalk along Biltmore Avenue frontage. The applicant will work with City departments to install a high-visibility crosswalk, which will include a speed table, across John Walker Ave at the access point to both buildings. Signage will be reviewed separately as a multi-tenant residential development in a residential district. He then reviewed the different committee review process and explained how the project complies with the Living Asheville Comprehensive Plan and the Future Land Use map designation of “downtown.” He then said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Dionne Nelson, President and CEO of Laurel Street Residential (LSR), said that LSR is a North Carolina firm that develops high quality, mixed income communities for working families and seniors that are affordable to households of a variety of incomes. She then explained the timeline of (1) February 2022 with the City of Asheville and Laurel Street executing an LOI for the development of 319 Biltmore - minimum units: 200 and affordability: 20% @ 60% AMI; (2) August 2022 City Council approved the purchase and sale agreement with Laurel Street for 319 Biltmore - minimum units: 215 and affordability of 20% @ 60% AMI + 10% 80% AMI; (3) November 2022, the City of Asheville and Laurel Street commenced the rezoning process; and (4) in June 2023 they received Planning & Zoning Commission approval. The project description is mixed-income; 221 unit count - 11 studio, 108 one-bedroom, 72 two-bedroom, and 30 three-bedroom; the income mix of 20% @ 60% AMI, 10% @ 80% AMI, and 70% @ Market Rate. LSR is working with the Asheville Housing Authority to set aside 22 units for Project Based Vouchers. The commercial space will be 2,600 square feet, and it will have 250 parking spaces. Tisha Germany, Development Director of LSR, then showed a rendering of John Walker Avenue. Active amenity areas in building 1 will be leasing offices, multipurpose room, fitness center, cyber cafe, mail/package room, resident gathering spaces, bike storage, structured parking and active outdoor terrace. Active amenity areas in building 2 will be commercial/retail space, conference room, fitness center, game room, mail/package room, resident gathering spaces, bike storage, and structured parking. She then showed a rendering of the active outdoor terrace. The project schedule is in Quarter 3, 2023 - Submit for site plan approval; Quarter 4 in 2023 is close financing and commence construction; Quarter 4 2025 is complete construction and commence lease-up; and Quarter 4 2026 is complete lease-up. Vice-Mayor Kilgore opened the public hearing at 6:01 p.m. Three individuals supported the project and offered some suggestions, some being, but are not limited to: commercial space should be reserved for a community resource center, specifically for a child care center; need to use additional recreation space for children, i.e.,  basketball court; suggestion for a dog park; need for an extended playground for the children; if more units were available at 60% AMI, we could transition away from housing vouchers and make it easier; and suggest 10%@ 80% AMI be set aside for Housing Choice Voucher holders. Vice-Mayor Kilgore closed the public hearing at 6:09 p.m. In response to Councilwoman Roney to make sure that we are getting the best use of our space, Warren Sugggs, with Civil Design Concepts, said that they will work with City staff to move the water meter from the entranceway to the north side of the building as part of the final design. When Councilwoman Roney asked what the developer plans to do around renewable energy to make that neighborhood resilient (possibility solar panels), Mr. Mitchell said that the developer is preparing the site for not only EV charging stations, but also for renewable energy on the roof. The developer is also committed to constructing the building to the National Green Building standards. In response to Councilwoman Roney, Ms. Nelson explained why they could not make the 10%@80% AMI set aside for Housing Choice Voucher holders. She also noted that they will make efforts to provide goods and services beneficial to the community in the retail space area. Vice-Mayor Kilgore said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2023-06-27","mt":"regular","id":"J","ref":"RES 23-151","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Jackson Electrical Contractors Inc. for generator replacements at fire stations","desc":"Background: - Fire Stations 2, 8, 9, and 12 have generators that are past their useful life and currently do not support major functions of the building in the case of a power outage. - Replacement of generators that are nearing the end of their general life. - For example, the generator that is being replaced at Fire station 8 is 24 years old. - The proposed contract would remove and replace the current generators with more efficient and reliable generators that will supply backup power to all of the critical functions of the fire stations. - The base bid includes station 2 and 9 with bid alternates for Fire Station 8 and 12. - On May 25, 2023 bids were due and only one bid was received that was outside of the proposed budget. - The rebids were due and opened June 14, 2023. - Carrick Contract Corp, Charlotte, NC Base Bid $104,987 Add alternates $105,554 - Jackson Electrical Contractors, Inc., Arden, NC Base Bid $55,500 Add alternates $54,350 - Emory Electric, Inc., Asheville NC Base Bid $145,965 Add alternates $104,650 - Smathers Contracting, LLC, Candler NC Base Bid $123,300 Add alternates $102,900 Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through direct outreach to City certified vendors and through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - These processes at a minimum require staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors. - There was specific outreach to MWBE electrical contractors during the bidding process. - No MWBE firms submitted bids with this prime contractor.  Committee(s): - N/A Pro(s): - The resulting generators will provide additional protection from power outages and will be more efficient and reliable. Con(s): - Small power interruptions may occur to the buildings during installation. These will be planned and coordinated with the Fire Department Fiscal Impact: - Funding for this contract is available in the Capital Projects Department operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-06-27","mt":"regular","id":"K","ref":"RES 23-152","it":"resolution","t":"Resolution authorizing the City Manager to apply for the State and Local Cybersecurity Grant Program","desc":"Background: - The federal government authorized the Infrastructure Investment and Jobs Act (IIJA) grant program, of which $1 billion was allocated to cybersecurity enhancements nationally over a four-year period starting in the fall of 2022. - North Carolina was awarded $5.6 million as the state’s portion of the cybersecurity funding under the IIJA and distributed through the Federal Emergency Management Administration (FEMA) State and Local Cybersecurity Grant Program (SLGCP). - State and local government agencies must apply for the grant within a specified time period dictated by FEMA and, subsequently, the state of North Carolina. - The next application deadline (unannounced) is anticipated to be June 30, 2023 for funding the 12-month period covering July 1, 2023 through June 30, 2024. - Vendor outreach has been performed for both components of this project and will utilize existing city franchise agreement contractors and existing third-party contracts for the managed Security Information Event Management (SIEM) solution. Vendor Outreach Efforts: - The City currently contracts with the Center for Information Security for SIEM for automated detection of external and internal cybersecurity threats, and the grant would fund an amendment to the existing contract to include the three water plants. - For the proposed point-to-point campus radio network replacement, MC Communications, the City’s current fiber optics vendor associated with the ERC franchise agreement, will be responsible for project implementation.  Committee(s): - N/A Pro(s): - Enhance existing cybersecurity monitoring and improve network security for critical city infrastructure Con(s): - None Fiscal Impact: - If awarded, this grant will provide $100,000 of funding to support the cybersecurity monitoring and network security project for City of Asheville water production networks. - The total project cost is $159,001.31 and the Water Resources fund will cover the $59,001.31 balance. - In subsequent years, the Water Resources fund will pay for the annual subscription cost for the SIEM contract ($43,793.85). - Without this grant, this project would be funded with City resources over a longer implementation timeline. - Matching funds are not required for this grant.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-06-27","mt":"regular","id":"L","ref":"","it":"ordinance","t":"Introduction of an ordinance amending Section 12-53 of the Code of Ordinances to prohibit storing bicycles, carts, strollers or other means of personal transportation on City property over 168 hours","desc":"","c":"Administrative","mo":"individual","mv":"Turner","sec":"Smith","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2023-06-27","mt":"regular","id":"V-A","ref":"RES 23-154","it":"resolution","t":"Resolution to temporarily suspend consideration of micro-apartment applications and awards for the Land Use Incentive Grant Program until the policy is revised","desc":"Affording Housing Officer Sasha Vrtunski said that this is the consideration of a resolution to temporarily suspend consideration of micro-apartment applications and awards for the Land Use Incentive Grant (LUIG) program until the policy is revised and includes standards for micro-apartment projects. Background: - On February 8, 2023, the Housing & Community Development Committee (HCD) considered a LUIG application for micro-apartments at 46 Aston Street, a project with a total of 231 units, 47 affordable. - The current LUIG Policy does not contemplate micro-apartments which are substantially smaller than a typical studio unit. - Following their initial review, the HCD requested that the Affordable Housing Advisory Committee (AHAC) make a recommendation on how micro-apartments should be considered under the LUIG Policy. - AHAC spent the majority of their meetings in April and May discussing policy implications of micro-apartments and also general issues with the current LUIG Policy. - After review of AHAC’s motion from their May 4, 2023 meeting, staff is recommending a temporary suspension of the consideration of micro-apartment applications and awards for the LUIG program. - Below are a few of the policy considerations that need to be further considered as the LUIG Policy is reviewed in the next fiscal year, these consideration are the primary reason for staff’s recommendation to temporarily suspend consideration of LUIG application for micro-apartments: - Typically, a micro-housing unit is 250 to 400 sq. ft.; studio units are 400 to 650 sq. ft., and a one bedroom unit is 650 to 750 sq. ft. - Micro-apartments typically have limited kitchenettes, with access to a communal kitchen. - Given that this is a new type of housing product in the Asheville market, it is currently unclear how micro-units will appeal to those seeking affordable housing. - Due to the small size of each unit, it is unclear whether the subsidies are needed to ensure affordability or if the rents will be in reach of voucher holders at the market rate. - The City does not have confirmation about how HUD would classify these units, if they are eligible for vouchers and if there’s a HUD rent standard for them. - Appendix 1, which is used to determine allowable rents for projects receiving funding from the Housing Trust Fund and the Land Use Incentive Grant, has studio/efficiency rents, but does not have rents outlined for micro-apartments. - The LUIG Policy will be reviewed with other affordable housing policies and existing affordable housing incentives as part of the Affordable Housing Plan update which will occur during Fiscal Year 2023-24. AHAC Discussion At their May 4 meeting, AHAC outlined specific concerns and issues with subsidizing micro-housing through the LUIG program, including: - Should LUIG incentives be adjusted to account for the smaller unit size? - Does the smaller unit size and shared common kitchen concept meet the needs of those seeking affordable housing? - Micro-housing rents in other cities appear to be substantially below market rents, so do micro-housing projects need subsidies in order to be built? - Do the micro-apartments meet qualifications for vouchers of the issuing agency (HUD, VA, etc.) and the applicable rent payment standards? AHAC Recommendation - On May 4, 2023, AHAC voted 12-0 on the following motion: - AHAC recommends developing micro-housing policy recommendations as part of our overall review of LUIG Policy. - In the meantime, we suggest the City may want to defer LUIG decisions for micro-housing or alternatively have developers fully address all of the committee’s concerns, and commit to setting aside 50% of the affordable units for voucher holders.  Pro(s): - The Affordable Housing Plan, which is scheduled to begin in August 2023, will put the LUIG Policy into the broader context of the City’s investments in affordable housing. - Consultants for the plan can advise the City on the LUIG Policy before final revisions are made. - Temporarily pausing the review and approval of micro-unit Land Use Incentive Grant applications will allow the opportunity to review the policy objectively without the deadline for a specific project awaiting Council decision. - A pause on LUIG applications and awards for micro-apartment projects will also allow a careful consideration of how scarce City resources are being spent on affordable housing subsidies. - The Land Use Incentive Grant Program is a voluntary incentive program. Participation in the program is voluntary on both the part of the City and the developer. - Unlike a zoning application, an application for a LUIG grant does not create an entitlement for the applicant, nor a “right” for the grant request to be heard. - In all cases, it is up to the City Council to determine if it wishes for an application to move forward, receive a hearing, and a final decision. Con(s): - It is unclear whether a temporary pause on considering micro-apartment projects will have a negative impact on the proposed development at 46 Aston. - The LUIG is intended to offset the loss in rents due to keeping units affordable rather than support the development of the project. Fiscal Impact: - This action requires no additional City resources and has no fiscal impact. Staff Recommendation: - Staff recommends temporary suspension of applications and awards for Land Use Incentive Grants for micro-apartment projects until the policy is revised and includes standards for micro-apartment projects. Affordable Housing Officer Sasha Vrtunski said the key takeaways from this presentation are (1) As requested by the Housing & Community Development Committee (HCD), the Affordable Housing Advisory Committee (AHAC) reviewed the Land Use Incentive Policy (LUIG) Policy as it relates to micro-apartments; (2) AHAC recommended delaying consideration of LUIG applications with micro-apartments until the LUIG Policy is reconsidered and revised in its entirety; (3) In alignment with AHAC, staff is recommending that City Council temporarily suspend consideration of micro-apartment applications for the Land Use Incentive Grant (LUIG) program until the policy is revised to include specific standards for micro-apartment projects; and (4) HCD voted 2-0 on May 15 in support of this recommendation. The background is (1) The current LUIG Policy is silent on micro-apartments which are substantially smaller than a typical studio unit - Typically, a micro-housing unit is 250 to 400 sq. ft.; studio units are 400 to 650 sq. ft., and a one bedroom unit is 650 to 750 sq. ft.; (2) Appendix 1, which is used to determine allowable rents for affordable projects includes rents for studio/efficiency apartments, but does not have rents outlined for micro-apartments; (3) In February 2023, HCD considered an application for micro-apartments at 46 Aston Street, a project with a total of 231 units, 47 affordable units; (4)  HCD requested that AHAC make a recommendation on how micro-apartments should be treated under the LUIG Policy; (5) AHAC spent the majority of their meetings in April and May discussing the issues involved, and also general issues with the LUIG Policy; (6) After review of AHAC’s motion from their May 4, 2023 meeting, staff is recommending a temporary suspension of the consideration of micro-apartment applications and awards for the LUIG program; and (7) The LUIG Policy will be reviewed with other affordable housing policies and existing affordable housing incentives as part of the Affordable Housing Plan update which will occur during Fiscal Year 2023-24. At their May 4 meeting, AHAC outlined specific concerns and issues with subsidizing micro-housing through the LUIG program, including: (1) Should LUIG incentives be adjusted to account for the smaller unit size?; (2) Does the smaller unit size and shared common kitchen concept meet the needs of those seeking affordable housing?; (3) Micro-housing rents in other cities appear to be substantially below market rents, so do micro-housing projects need subsidies in order to be built?; and (4) Do the micro-apartments meet qualifications for vouchers of the issuing agency (HUD, VA, etc.) and the applicable rent payment standards? The AHAC recommends developing micro-housing policy recommendations as part of our overall review of LUIG Policy, which is scheduled to be completed in November. In the meantime, AHAC suggests the City may want to defer LUIG decisions for micro-housing or alternatively have developers fully address all of the committee’s concerns, and commit to setting aside 50% of the affordable units for voucher holders. This motion was approved 12-0 at the May 4, 2023, AHAC meeting. The HCD considered this recommendation at their May 20, 2023 meeting and voted 3-0 to support a temporary pause in considering LUIG applications for micro-apartment projects. At the same meeting, HCD indicated that they would consider the application for 46 Aston micro-apartments at their next meeting on June 20, 2023. Pros of approving the recommendation include (1) Temporarily pausing the review and approvals of applications will allow the opportunity to look at the policy objectively without the deadline for a specific project waiting on a Council decision; (2) A pause will also allow a more comprehensive review of how City resources are being spent on affordable housing subsidies; and (3) Consultants for the Affordable Housing Plan, which will begin in August, will advise the City on the LUIG Policy before final revisions are made. Staff recommends City Council temporarily suspend consideration of Land Use Incentive Grant applications for micro-apartment projects until the policy is revised and includes standards for micro-apartment projects. Councilwoman Roney pointed out that developers can still build micro-units, the City is just pausing on using taxpayer dollars to subsidize the construction. Councilwoman Mosley responded to Councilwoman Ullman noting that we have several unanswered questions on the LUIG policy and micro-apartment projects. This temporary suspension will allow us to revise the LUIG policy and include standards for micro-apartment projects. Councilwoman Turner also noted that the AHAC agreed that this needs more study and investigation. Councilwoman Ullman was excited to see micro-apartments being considered; and she felt that it’s important for the government nurture certain experiments to help us solve the affordable housing crisis. Nina Tovish suggested that as the City looks to revise the LUIG policy that it expand its portfolio of affordable housing options and consider other ways that people live together other than single-family homes and apartment buildings. David Moritz outlined the benefits of micro-housing projects. Vice-Mayor Kilgore said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2023-06-27","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":16},{"d":"2023-06-27","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1i9dEfED9gEouc6T11ksQlWIne09KS2oM/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2023-07-25","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held June 22, 2023 and the formal meeting held June 27, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-07-25","mt":"regular","id":"B","ref":"RES 23-155","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with T&T Cleaning for custodial services in recreation facilities","desc":"https://docs.google.com/presentation/d/1zoeUxoJfJsHxpSnH3zPPZllhATFLVja5McxVjbqkyak/edit?usp=sharing https://docs.google.com/presentation/d/1LZBdxCkvd3rjuVjkgJ93-mXRAqng2YLirdQJaz4K-pQ/edit?usp=sharing  Background: - The City has a commitment to ensuring a clean and healthy environment. - It has become increasingly difficult to recruit and hire qualified Facility Attendants. - There are 7 recreation facilities that require cleaning services. - A Request for Proposal process was conducted in June 2022 and included outreach  to Minority & Women Business Enterprises (MWBE’s). - T&T Cleaning was selected based on the qualifications, understanding of the scope  of services, cost, and availability. - The first year of the contract has been successful. - The intention is to renew the contract for up to three (3) additional years.  Vendor Outreach Efforts: - In June 2022, MWBE outreach was conducted through the Request for Proposal  (RFP) process to solicit proposals from vendors. - Six vendors responded to the Request for Proposals, with four respondents being  MWBE’s. - The vendor selected is a MWBE. - Funding for this service is provided through the Parks and Recreation operating  budget.  Committee(s): - None  Pro(s): - Recreation facilities are clean and safe. - The stability of hiring a contractor to perform this work.  Con(s): - Long-term cost of a required service.  Fiscal Impact: - Funding for the first year of this contract was $51,146 for a 10-month contract and  (estimated at $89,000) is available in the Parks and Recreation Department operating budget. - Future years will be planned for during the annual budget development process, for a total of not to exceed $395,062.58 over four (4) years.","c":"Parks & Recreation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-07-25","mt":"regular","id":"C","ref":"RES 23-156","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with French Broad Paving Inc. for the Sulphur Springs Road resurfacing","desc":"Background: - The previous contract amendment to add funding to cover the additional patching and  pavement failed to include the mobilization and traffic control line items. The contractor had not previously requested payment for the mobilization and traffic control line items, which resulted in these items not being accounted for in the previous contract amendment. - Upon the start of resurfacing operations, two unforeseen issues with Sulphur Springs Road were discovered. - Sections of the road were not built upon a gravel base, but were instead built upon an improper base of red clay. This issue has led to approximately 385 tons of necessary patching, while the original estimate was 160 tons. The road is a layer of asphalt over concrete. - The issue was discovered when the asphalt was milled away and the concrete was found to be in very poor condition. Several areas were in such bad shape that construction equipment would fall through the concrete and sink 1-2 feet into the clay underneath the concrete. This condition was most prevalent between Lucy S. Herring Elementary School and Haywood Road. - Sulphur Springs Road has had several utility projects performed since the resurfacing contract was advertised. - The pavement in the impact areas was found to have very little crown (slope) or even a reverse crown. Proper crown assures positive drainage, which improves structural longevity and safety. - In some areas a 5-6 inch layer of asphalt had to be applied to establish a standard 2 percent fall from the road center to the curb. The increase in required asphalt depth will lead to an approximately 20% overage in asphalt tonnage. - The area was annexed in 1917 and the original construction of the road predates the city’s records.  Vendor Outreach Efforts: - N/A - This is a contract amendment.  Committee(s): - None  Pro(s): - Approval of the amendment will allow for Sulphur Springs Road to be properly repaired.  Con(s): - This construction work, although performed via a contractor, will also use City staff  administrative time to ensure the work is properly performed. - The work will be a further disruption to a neighborhood that has experienced a lot of  construction recently.  Fiscal Impact: - Funding for this contract was previously budgeted as part of the 2016 General Obligation  (GO) Bond program and is available in the General Capital Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-07-25","mt":"regular","id":"D","ref":"RES 23-157","it":"resolution","t":"Resolution authorizing the City Manager to execute a one year contract renewal with Smith and Lloyd Landscapes LLC for FY2024 median maintenance","desc":"Background: - The current contract with Smith and Lloyd Landscapes, LLC has provisions for two  one-year renewals with each renewal having a 3 percent price increase. - The original contract was for $30,000.00. The first renewal was $30,900.00 and the  second renewal will be for $31,827.00. The total contract value if both renewals are used will be $92,727.00. - The contract is for mowing of City-owned planting medians and parcels scattered throughout the City. - Bids for the original contract were opened on May 27, 2021 and four bids were submitted: Smith and Lloyd Landscapes, LLC of Mills River, NC $30,000.00 Rivertop Contracting of Swannanoa, NC $32,368.00 Classic Cleaning, LLC of Raleigh, NC $38,377.00 BuckTom Services of Asheville, NC $49,980.00  Vendor Outreach Efforts: - For the original contract, staff performed outreach to minority- and women-owned  businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and the NC Dept. of Transportation MWBE databases for potential contractors. - Two companies in an identified disparity group were found and directly contacted. Neither of the companies submitted bids. One company in an identified disparity group outside of the ten-county search area submitted a bid. - Subcontractors are not used on this contract.  Committee(s): - N/A  Pro(s): - Will help maintain City medians and parcels.  Con(s): None  Fiscal Impact: Funding for this contract is available in the FY 2023-24 Public Works Department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-07-25","mt":"regular","id":"E","ref":"RES 23-158","it":"resolution","t":"Resolution authorizing the City Manager to enter into a general service agreement with Bionomic Services Inc. for water resources sludge removal","desc":"Background: - Water Resources - Water Production Division operates three water treatment plants  (WTPs) that produce clean, safe drinking water for the citizens of the City of Asheville, Buncombe and Henderson Counties. - During the treatment process, each of the plants remove impurities which result in the creation of residuals. - The residuals (sludge) are stored in lagoons at each facility and are removed on a yearly basis. - This is essential and maintains operational flexibility, meets the standards of the Water Resources Department’s ISO 14001 certification, and maintains a healthy environment for our local communities. - This agreement is for an initial period of 3 years with (2) possible one year renewals, and an amount not exceeding $500,000 per year or $2,500,000 over the term of the contract.  Vendor Outreach Efforts: - The City of Asheville Water Resources Department issued RFP -  298-WTPSludgeRemovalFY23 on May 19, 2023, requesting proposals for the removal of water treatment residuals (sludge), from the North Fork, William DeBruhl, and Mills River Water Treatment Plants. - Due to the specialized nature of the sludge removal process and equipment, staff were unable to locate any contractors within the MWBE hubs that could complete the project. - Staff did however provide a list of (5) MWBE contractors that have the ability to haul sludge. - Staff worked in coordination with the City of Asheville’s MWBE/ABI to verify that all proposals were responsive and provided documentation of outreach efforts and showed MWBE vendor participation where possible. - Three bids were submitted and BioNomic Services, Inc. was the lowest, responsive bid. - BioNomic Services, Inc., submitted affidavits to verify they would self perform all work  and will not require the use of subcontractors.  Committee(s): - None  Pro(s): - The adoption of a resolution to authorize a general services agreement between the City  of Asheville Water Resources Department and BioNomic Services, Inc., will allow the Water Resources Department’s Water Production Division to continue to operate as designed to provide safe clean drinking water to our customers in the City of Asheville, Buncombe and Henderson Counties. - Each of these systems are permitted and regulated through the National Pollution Discharge Elimination System (NPDES), and are subject to those requirements. - Reduce the risk of compliance violations. - Maintain a clean and healthy environment.  Con(s): - Failure to remove sludge will impact the amount of water produced at each water  treatment plant - Decanted water may impact environmental regulations.  Fiscal Impact: - Funding for this contract is available in the Water Resources Department operating  budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-07-25","mt":"regular","id":"F","ref":"RES 23-159","it":"resolution","t":"Resolution authorizing the City Manager to donate used police related gear and equipment to UNC Asheville Campus Police","desc":"Background: - Due to staffing shortages, the Asheville Police Department has a surplus of police related  gear and equipment. - The Asheville Police Department (APD) purchased ballistic rifle plates in 2016. - The vests have a 10 year warranty and are set to expire in 2026. - All officers currently have rifle plates issued to them and we do not anticipate filling all  vacancies before the surplus vests are expired. - The UNCA campus police do not currently have something comparable to the rifle plates. - The equipment is well used but still functioning. - Other equipment includes,used handcuffs, flashlights, winter coats, and rifle slings, all of  which are no longer the style or brand that the APD issues. - The radios are no longer compatible with the APDs Radio Management Program. - UNCA has expressed a need for these items.  Committee(s): - None  Pro(s): - Build partnership with a local agency who has expressed a need for the items. - Get possibly life saving equipment into the hands of an agency that could use it.  Con(s): - None  Fiscal Impact: - Some equipment might have nominal resale value as surplus property, however,  enhancing the capacity of a local law enforcement agency to perform its duties, and the goodwill the City would gain by donating this equipment, far outstrips its monetary value. - Donated items are not what is currently issued, will expire before being able to be issued, or are not compatible with other equipment.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-07-25","mt":"regular","id":"G","ref":"RES 23-160","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with H&E Equipment for equipment rentals utilized by multiple City departments","desc":"Background: - A request for proposals was advertised in January 2021 for Rental Equipment Services. - 6 Contracts were executed in July 2021 with 6 different vendors offering different types of  equipment. - H&E Equipment was one of the contracts executed, with a not-to-exceed amount of  $85,000. - This contract has been renewed twice. - This contract is utilized by multiple departments to rent equipment needed for various  tasks and projects. - The $85,000 not-to-exceed limit is projected to be reached soon; and therefore needs to  be increased. - The City’s Procurement, Purchasing and Contracting Policy requires Council approval for  General Service Contracts valued at $90,000 or greater.  Vendor Outreach Efforts: - At the time this contract was initially advertised, Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor and all work will be self performed by the prime contractor.  Committee(s): - None  Pro(s): - Departments will continue to be able to access equipment needed to complete tasks via  rental on an as-needed basis. - The City will not need to purchase various equipment that may only be needed for short  or intermittent periods.  Con(s): - None  Fiscal Impact: - The fiscal impact will vary depending upon utilization, but will not exceed the contract limit  of $170,000. - Each rental will be paid for by the user department from their operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-07-25","mt":"regular","id":"H","ref":"RES 23-161","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Ewing Cole Inc. for the McCormick Field engineering and design services","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as  Lewis McCormick Field, since 1984 and leases the property for operation as a minor league baseball stadium. - The Asheville Tourists are a Minor League Baseball team in the South Atlantic League and are an affiliate team of the Houston Astros. - Major League Baseball (MLB) released updated facility standards for Minor League Baseball stadiums in 2020. - In January 2022, the City Council authorized a two-year lease agreement with DeWine Seeds-Silver Dollar LL for the Tourists to continue operation out of McCormick Field. - The lease was for a shorter duration in order to allow for planning to align with new MLB facility standards. - In February 2023 City Council held a work session to review the MLB mandates, opportunities and constraints related to proposed improvements at Lewis McCormick Field. - In March 2023 during two different budget work sessions, funding options for improvements at McCormick Field were discussed. - On March 14, 2023, the City Council authorized the City Manager to sign a funding letter of commitment to MLB regarding the City’s intent to bring McCormick Field into compliance with new facility standards. - Buncombe County Tourism Development Authority (BCTDA) is slated to vote on the final portion of the financial commitment funding model on July 26, 2023. - In April 2023 a Request for Qualifications was publicly advertised seeking professional services qualifications for the design of improvements at Lewis McCormick Field. - Nine professional design firm submittals were received and evaluated based on their qualifications, experience and technical approach. - The evaluation of those submittals, ranked by a six member evaluation committee, resulted in Ewing Cole, Inc. being the highest ranked firm. - The evaluation committee consisted of members from the City of Asheville, Buncombe County Government, BCTDA, the Asheville Tourists Baseball Club and a neighborhood/community non-profit leader. - Negotiations with Ewing Cole, Inc. resulted in an agreed fee of $3,700,000.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses, through solicitation  processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.  Committee(s): - None  Pro(s): - Provides for sidewalk construction in an area with a demonstrated need for safe  pedestrian access. - Utilizes grant and lease funding to maximize the local funding on a City owned asset.  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-07-25","mt":"regular","id":"I","ref":"RES 23-162","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Miller 3 Consulting Inc. for the FY2023 disparity study","desc":"Background: - A disparity study determines whether a governmental entity is awarding public contracts  in a manner that disproportionately excludes or limits participation by minority, women‐owned, and disadvantaged business enterprises (M/WBEs). - Such a study compares the utilization of M/WBEs with the availability of M/WBEs in the relevant market area. - A disparity study is legally required for the City to continue its race and gender conscious Business Inclusion Program. - On September 27, 2022, the City Manager entered into a contract with Miller 3 Consulting, Inc. for consulting services to complete the City’s Fiscal Year 2023 Disparity Study. - The data analysis portion of the Disparity Study has required additional analysis from the vendor that was not contemplated with the initial project scope. - A contingency to increase the contract by $34,473 is needed to satisfy the additional work required by the vendor.  Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - Contracting with this company provides outside expertise that enables the completion of  a new Disparity Study, required by law, to be conducted at least every (5) five years in order to continue any race- and gender-conscious contracting program. - A contingency to increase the contract allows the consultant to conduct the additional data analysis necessary to complete the study.  Con(s): - None.  Fiscal Impact: - Funding for this contract amendment is available in the Community & Economic  Development Department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-07-25","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope: A Southside Neighborhood Vision Plan - continued to October 24, 2023","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"continuance","sq":20},{"d":"2023-07-25","mt":"regular","id":"IV-B","ref":"ORD 5027","it":"public_hearing","t":"Ordinance to amend the conditional zoning for 509 Biltmore Ave to allow additional signage","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the conditional zoning of 509 Biltmore Avenue for the purpose of increasing the amount of allowed signage. This public hearing was advertised on July 14 and 21, 2023.  Project Location and Contacts: - The project site totals 32.6 acres located at 509 Biltmore Ave (PINs 9648-43-7691,  9648-44-5476, 9648-43-3912, and 9648-53-0061). - Owner: MH Mission Hospital LLLP  Summary of Petition: Project Site - The project site consists of four properties totalling 32.6 acres located at 509 Biltmore  Ave and are identified in the Buncombe County land records as PINs 9648-43-7691, 9648-44-5476, 9648-43-3912, and 9648-53-0061. - The project site is the location of Mission Hospital. - The site is currently zoned Institutional - Conditional Zone (INST-CZ) and the existing  signage is approved under Ord. No. 3944 adopted on January 25, 2011. - The applicant is seeking an amendment to the conditional zoning in order to increase the  number and square footage of signage that was approved under the original conditional use permit. - The Living Asheville Comprehensive Plan designates the Future Land Use of the project site as “Employment / Anchor Institution”. - A change in the FLU designation will not be required.  Overall Project Proposal - The project is seeking approval for the installation of a total of 41 signs throughout the  Mission Hospital campus. - Of these 41 signs, 32 are existing and 9 are new proposed signs. - The signs are a variety of types, including monument, wall, and directional signage. - The total square footage of the signage is 1,380 s.f., with 973 s.f. of existing signage and  407 s.f. of new, proposed signage. - The existing and proposed signage is summarized as follows:  Type Message Quantity Status Location Total s.f.  Face Lit Logo / Letters \"Mission Hospital\" 1 existing CH-1 69  Illuminated Letters \"Emergency\" 2 existing CL-20, CL-21 166  Destination ID Entrance Number 9 8 existing, 1 proposed DID-24, 32, 34, 36, 42, 49, 50, 55,  140  Primary Directional Directional Arrows 5 3 existing, 2 proposed DIR-P-11, 17, 19, 42 58  152  Secondary Directional Directional Arrows 7 5 existing, 2 proposed DIR-S-26, 27, 28, 29, 30, 31, 31.1  154  Entrance Wall ID Entrance Number 8 existing EN-4, 5.1, 5.2, 6.1, 6.2, 6.3, 7.1, 7.2  152  Illuminated Icon Various 5 1 existing, 4 proposed ICON- 47, 75, 76, 77, 78  372  Monument Illument \"Emergency\" 1 existing MON-E-15 28  Monument Illument \"Mission Hospital\" 1 existing MON-F-16 66  Wall Sign Directional Arrows 2 existing WS-NI-37, 39 84  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed amendment to the conditional zoning supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Make Streets More Walkable, Comfortable and Connected - by improving wayfinding signage for pedestrians and bicyclists.  - Provide Resources to Connect Businesses and Workforce - by working with colleges, institutions and local hospitals to deliver contextually-sensitive design and development decisions as those institutions expand - The proposed amendment is compatible with the Future Land Use designation of “Employment / Anchor Institution” which is proposed, in part, as “a type of campus district named for the often large land parcel areas with more or less a single cluster of uses and activities. These areas include the hospital/medical campus of Mission Health’..  Committee(s): - Planning & Zoning Commission (PZC) - June 7, 2023 - approved (Vote 5:0).  Staff Recommendation: - Staff recommends approval of this conditional zoning amendment request based on the  reasons stated above.  Mr. Palmquist reviewed the existing zoning, the aerial imagery and the future land use map. He then reviewed the master sign plan, outlining the type of sign, message, quantity, status, location and total square feet. . He then explained how the project was consistent with the Living Asheville Comprehensive Plan. The Planning & Zoning Commission voted unanimously to approve the project with conditions. Conditions include that the existing conditional use permit (Ordinance No. 3339) shall remain in effect with the following additional provisions: (1) total signage for the site shall not exceed 41 individual signs; (2) total signage area not to exceed 1,500 square feet; and (3) sign design and location to substantially conform to the Master Signage Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed amendment to the conditional zoning.  In response to Councilwoman Roney, Mr. Palmquist said that there is some flexibility in the signs for future multimodal transportation options.  Mayor Manheimer opened the public hearing at 5:48 p.m., and when no one spoke, she closed the public hearing at 5:48 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2023-07-25","mt":"regular","id":"IV-C","ref":"ORD 5028","it":"public_hearing","t":"Ordinance to amend the Unified Development Ordinance table of uses","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to amend the Unified Development Ordinance to establish a single unified table of permitted uses that merges several disparate tables in the Haywood Road Form Code, the River Arts District Form Code, as well as the Land Use Impact Table.This public hearing was advertised on July 14 and 21, 2023.  Background: - The UDO currently has several disparate and separate locations where permitted uses,  special conditions and expressly prohibited uses are located. - Changes that occurred in these separate locations resulted in confusion over use  definitions and terminology and increasing concerns regarding administration of the table of land use impacts - which govern changes in use and non-conforming rights. - Creating a unified table of uses has been considered as part of several City staff amendment lists for years but has not been implemented to date. - Following several internal meetings among Development Services and Planning and Urban Design, the project was initiated to complete the modification as a non-substantive formatting amendment to align all tables of uses into one central table. - During the project, staff noted uses that were redundant or not defined. - These uses were merged with existing defined uses to eliminate confusion. - An additional minor change includes the addition of the use of Mobile Food Vending, to  the Haywood Road Form Code. - This change corrects an error in the original drafting of the table and has been  consistently interpreted as applicable since the table’s adoption pursuant to a formal zoning interpretation issued on October 1, 2014.  Comprehensive Plan Consistency: - This proposal aligns with a number of themes within the Living Asheville Comprehensive  Plan as a foundation for current and future UDO use and updating. Primarily, this update supports the theme “Resilient Economy”. Although the amendment makes no substantive changes to the code, the following goals of the Future Land Use section are applicable to this zoning amendment: - Goal 19: Facilitate real estate development that maximizes public benefit. (Asheville Comprehensive Plan). - Goal 19 Strategies: - Ensure consistency in the enforcement of development regulations. (Id). - Update the land use plan periodically to ensure all necessary land use  types are provided for. - “Provide greater land use predictability and transparency” with a more coherent  UDO document for administration and use. (Asheville Comprehensive Plan). - Create a logical framework for future zoning and development by ensuring that future substantive amendments are applied in a strategic and coherent fashion while avoiding piecemeal changes that can cause confusion.  Council Goal(s): - Improve/Expand Core Services.  Committees: - Planning & Zoning Commission: Informal Introduction: 050323, Formal Hearing: 060523  (continued to 062123), Formal Hearing: 062123 - Approved, 6:0 .  Pros: - Improves the consistency, clarity and access to UDO for applicants, the public and staff. - Supports the goals of the comprehensive plan aimed at providing greater predictability  and transparency in Asheville’s regulatory process. - Supports the Council goal of Improve/Expand Core Services. - Creates a single-point of access for all use related matters that avoids confusion for the  public and staff alike.  Cons: - N/A  Staff Recommendation: - Staff recommends approval of this zoning text amendment request based on the reasons  stated above.  Mr. Mitchell said the background and context is (1) Comprehensive UDO update is planned in the future; (2) Substantive changes deserve and require significant engagement; (3) Structural and maintenance updates are equally important; and (4) Changes can and should be undertaken if improvements to customer service and operations result. The Table of Use Unification Qualifies: (1) There are 4 separate existing tables; (2) There are 3 additional lists of uses; (3) Unification can occur without changing the substance of the UDO; (4) Unification improves consistency and access to our UDO for all; and (5) Staff were able to complete the project internally. Issues identified are (1) Separate tables of permitted uses and lists creates confusion for customers and landowners; (2) Separate tables has created redundancy and confusing subsequent amendments; (3) A single unified table promotes consistency; and (4) A single unified table allow for future changes to be more effective and efficient. The proposed changes are (1) The change expands the primary Table of Permitted Uses to be the only table of permitted uses in the UDO; (2) All uses and references to special standards for all districts will now be located in one table in a single section of the UDO; (3) The list of land use impacts by type, used when determining non-conforming use replaced, will now be located in this one unified table with similar format; and (4) All redundant tables, lists, and text will be eliminated in many sections of the UDO. The pros are (1) the amendment reduces redundancy and complexity while correcting formatting and typographical errors; (2) A new unified table provides easy access and understandability for property owners and customers; and (3) A single, unified table makes future amendments more efficient. No cons are noted. He then explained how the amendment complies with the Living Asheville Comprehensive Plan and the Council goal of improve/expand core services. Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment.  Councilwoman Roney was pleased that we have all the tables in one place for many reasons, and Mr. Mitchell confirmed to her that there are no changes in the lodging use.  Mayor Manheimer opened the public hearing at 5:56 p.m., and when no one spoke, she closed the public hearing at 5:56 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2023-07-25","mt":"regular","id":"J","ref":"RES 23-163 / ORD 5025","it":"resolution","t":"Resolution authorizing an agreement with Dogwood Health Trust to accept funding to support the affordable housing plan, and related budget amendment","desc":"","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-07-25","mt":"regular","id":"K","ref":"RES 23-164","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Enterprise Community Partners Inc. for consulting services","desc":"Background: - The City’s most recent Affordable Housing Plan was created in 2008. - The contract amount for the plan will be $146,517. - The City budgeted $97,000 for this effort, and will fund the contract at $96,517. - Dogwood Health Trust has granted the City an additional $50,000 to make the  planning effort more robust. - The Affordable Housing Plan will be informed by the work of the Housing and Community  Development Committee, Affordable Housing Advisory Committee, Thrive Asheville, the Community Reparations Commission, and the Missing Middle Housing Study. - City staff have been working with Thrive Asheville to assess affordable housing program outcomes. Thrive is examining data from the Housing Trust Fund, Land Use Incentive Grant projects and housing permit data citywide. This data will help inform recommendations in the Affordable Housing Plan because it highlights the efficacy of the City’s existing affordable housing tools including an assessment of the number of units produced and populations served. - The Affordable Housing Plan will assess current needs and set a direction for the next 5-10 years. - The planning process will involve the residents affected by the housing crisis and address community priorities. - The plan will review the effectiveness of existing City policies and programs and identify gaps in the City’s current affordable housing toolbox. Specific policies assessed will include: - Land Use Incentive Grant - Housing Trust Fund - Policies for Implementing Affordable Housing on City-Owned Land - A new comprehensive Affordable Housing Plan will also provide a foundation and  guidance on how best to allocate funds from a potential future affordable housing bond referendum. - The Request for Proposals (RFP) review team consisted of representatives from the following departments: Community & Economic Development, Planning & Urban Design, Equity & Inclusion, Community & Public Engagement (CAPE) and a representative of the Affordable Housing Advisory Committee (AHAC). - The selection criteria included: Experience and qualifications of the team, relevant past projects, project understanding and approach, community engagement plan, cost proposal and completeness and responsiveness of proposal. - After a thorough review of the submitted proposals, Enterprise Community Partners, Inc. was the top ranked firm of the selection team.  Vendor Outreach Efforts: - The City utilized standard outreach methods, including posting on the State’s Interactive  Purchasing System. - Staff reached out to local MWBEs that are registered for this type of consulting work to  inform them about the solicitation. - The City received six proposals, five were deemed responsive and moved forward in the  selection process. - The selected firm is a national, non-profit organization.  Committee(s): - Housing and Community Development Committee - May 22, 2023, information only, no  vote was taken.  Pro(s): - An updated Affordable Housing Plan will give the staff, community and Council guidance  for housing investments for the future and can help with bond planning if the City Council elects to float an affordable housing bond. - The plan will assist the City in leveraging its affordable housing tools to achieve the maximum benefit for our community. - With the current affordable housing crisis, it is important for the City to have clear priorities for affordable housing programs and funding. - The planning process will provide an opportunity to engage the community in a comprehensive and coordinated way to help determine the future of Asheville’s affordable housing programming.  Con(s): - None identified  Fiscal Impact: - The total cost of the plan is $146,517. - The Community and Economic Development Department has allocated $97,000 of its  contracted services budget for the plan. - The City has received a grant from Dogwood Health Trust in the amount of $50,000 to  supplement the $96,517 in the Community & Economic Development Department budget.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-07-25","mt":"regular","id":"L","ref":"RES 23-165","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Utility Partners of America LLC for the fleet electric vehicle charging station","desc":"Background: - The City’s Fleet Division plans to increase the number of electric vehicle purchases in  accordance with the decarbonization goals outlined in the City’s Municipal Climate Action Plan. - To accommodate the electric vehicles, the City needs vehicle charging equipment. - The work from this contract will provide the electrical infrastructure and site preparation  for electric vehicle chargers, dedicated to City of Asheville Fleet vehicles, at the following locations: - Public Works Building A parking lot – 161 S. Charlotte Street - Fleet Management parking lot - 173 S. Charlotte Street - City of Asheville Motor Pool Lot - 99999 Eagle Street - Facilities Maintenance parking lot - 75 Shelburne Road - Bids were advertised on May 12, 2023. Two bids were received by the bid opening deadline on June 8, 2023: - Utility Partners of America, LLC (Greensboro, NC) $336,744.00 - Haynes Industrial, a division of M.B. Haynes Corp (Asheville, NC) $339,460.00 - The Utility Partners of America, LLC was the lowest responsive, responsible bidder.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor.  Committee(s): - None  Pro(s): - This infrastructure is a necessary step in the transition of the City’s vehicle fleet away from fossil fuels–reducing Fleet’s carbon footprint in accordance with the City’s sustainability goals. - The electrical design is engineered to support the installation of additional chargers in the future.  Con(s): - Due to an uncompetitive market and the risks involved in underground work, the bids  came in higher than estimated and above the budget planned for this project.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund. - Additional resources from the Green Savings Program have been identified to fully fund  this project, allowing for charging infrastructure to be installed at all four sites listed above.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-07-25","mt":"regular","id":"M","ref":"RES 23-166","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Kimley-Horn Inc. for streetscape design services on Coxe Avenue","desc":"Background: - The City of Asheville received a federal grant through the North Carolina Department of  Transportation (NCDOT) for design and environmental documentation of pedestrian and bicycle improvements on Coxe Avenue in the total amount of $420,000 grant plus the local match of $105,000 for a grand total of $525,000. - City Council Resolution No. 20-61 authorized the City Manager to apply for, and if awarded, accept funding from the French Broad River Metropolitan Planning Organization for transportation projects including Coxe Avenue Complete Street that included a federal ask of $9,040,000; a City match of $2,260,000; for a total project budget of $11,300,000. - In October 2021, the City of Asheville advertised a request for qualifications for engineering and design services for the Coxe Avenue Streetscape Project. - The selection of a design and engineering firm for this project took longer than it would for a typical project because of the multi-step NCDOT review process required for the NCDOT grant funding. NCDOT’s vetting process included lengthy reviews for advertisement, consultant ranking, and a scope/fee review prior to the negotiation of the final scope and fee for design services. - A seven member selection committee evaluated qualification packages from sixteen different design teams based on the team qualifications and relevant project types. - The highest ranked team is led by Kimley-Horn and includes Brooks Engineering (Asheville based), Vaughn & Melton (Asheville office), Ellum Engineering (WBE). - The negotiated fee is $472,526.94 and includes surveying services, below grade utility explorations, conceptual design, public outreach, design development services, utility coordination, stormwater design, cost estimating and final construction bidding documentation services.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System, direct contact of firms on City, HUB, and NCDOT Minority & Women-Owned Business Enterprise (MWBE) lists - The highest ranked team does have a woman owned business on the team, Ellum Engineering, which will be performing approximately $27,000 worth of subcontracted services.  Committee(s): - None  Pro(s): - Provides for the design of pedestrian and bicycle improvements on Coxe Avenue, as well  as additional infrastructure upgrades. - Allows municipal funding to leverage significant grant funding opportunities with  Department of Transportation and Tourism Product Development funding. Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund. - Funding for the construction of this project is planned in the City’s Capital Improvement  Program for Fiscal Year 2024-25. - Current funding sources include 80% NCDOT grant funding and a 20% City match. A  future TDA funding request is anticipated to replace allocated TDA funding that was redirected to McCormick Field.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2023-07-25","mt":"regular","id":"N","ref":"RES 23-167","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with TranSystems Corporation for construction engineering and inspection","desc":"with TranSystems Corporation in the amount of $417,432.72, for New Leicester Highway construction engineering and inspection services; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of ~10% ($41,000).  Background: - In 2018, the City of Asheville received a grant from the North Carolina Department of  Transportation for reimbursement of 80% of construction funds for the New Leicester Highway sidewalk project up to $2,904,000. - City Council Resolution No. 23-91 authorized the City Manager to execute a construction contract with NHM constructors, LLC for the New Leicester Highway Sidewalk project. - City of Asheville staff publicly advertised for Construction Engineering and Inspection services, as required for a professional service selection process. - Nine professional engineering submittals were received and evaluated based on their qualifications, experience and technical approach. - The evaluation of those submittals, ranked by a five member evaluation committee, resulted in TranSystems Corporation (formerly SEPI Engineering) being the highest ranked firm. - Negotiations with TranSystems Corporation resulted in an agreed fee of $417,432.72 - The North Carolina Department of Transportation has reviewed and approved the  negotiated fee as well as the draft agreement with TranSystems Corporation.  Vendor Outreach Efforts: - With all federally funded projects, the Disadvantaged Business Enterprise (DBE) program  is required for construction services, but not professional engineering services such as this agreement. - The federally established DBE goal for this project is 5% participation for construction services, which will be exceeded for the construction portion of the project. - Because this agreement with TranSystems is for professional services, the DBE participation is not considered.  Committee(s): - None  Pro(s): - Provides for sidewalk construction in an area with a demonstrated need for safe  pedestrian access. - Utilizes federal funded grant dollars to maximize the local funding.  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2023-07-25","mt":"regular","id":"O","ref":"RES 23-168","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Cinderella Partners Inc. for the Shiloh Community sidewalk project","desc":"Background: - This is a 2016 Bond sidewalk project that connects the front of the Shiloh Recreation  Center and nearby transit stop to the community garden. - Bids were initially advertised on May 16, 2023. Informal bidding concluded on June 13th,  and 3 bids were received: - Cinderella Partners Inc, Indian Trail, NC. $241,375.10 - Appalachian Paving and Concrete, Swannanoa, NC $263,350 - Smart Builders Construction, Asheville, NC $329,910 - Cinderella Partners Inc. was the lowest responsive, responsible bidder. - Construction will begin this summer and be completed by fall 2023.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Additional outreach was performed by staff to small business owners. - Cinderella Partners is a women owned business out of Indian Trail, NC.  Committee(s): - None.  Pro(s): - Project works towards fulfillment of the General Obligation Bond. - Will provide a sidewalk connecting community amenities that adds to pedestrian safety.  Con(s): - Possible reduced levels of service for automobiles during the day while being  constructed. - Staff time will be used to administer the project until its completion.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2023-07-25","mt":"regular","id":"P","ref":"RES 23-169","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Smart Builders Construction for the Murphy-Oakley playground","desc":"Background: - Inclusive playgrounds include people with physical disabilities, multi generations and  people with cognitive disabilities such as autism spectrum disorder and ADHD. - The playground replacement will occur during the fall through spring, and will be replaced  before the start of the summer camp season. - Bids were initially advertised on May 10, 2023. Only two bids were received at the bid  opening deadline on June 22, 2023. The City could not open due to city policy and general statues. - The project was readvertised on June 23, 2023, and the City received and opened bids on July 6, 2023. Two bids were received, as listed below: - J. Bartholomew Construction, Inc., Hendersonville, NC $ 586,000.00 - Smart Builders Construction, Asheville, NC $ 441,516.00 - Smart Builders Construction is the lowest responsive, responsible bidder.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - One MWBE firm submitted bids with this prime contractor. North End Stump grading subcontractor will comprise approximately 7% of the construction contract.  Committee(s): - None  Pro(s): - The construction will occur during the off season for the therapeutic recreation program  summer camps. - Provide the first inclusive playground in the City of Asheville.  Con(s): - The playground will be closed during construction.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Parks & Recreation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2023-07-25","mt":"regular","id":"Q","ref":"RES 23-170","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Cinderella Partners, Inc. for the Vermont Avenue sidewalk construction project","desc":"Background: - The 2016 Transportation General Obligation (GO) Bond Referendum included funding for  sidewalk replacement along Vermont Avenue. - The Vermont Avenue Sidewalk Project will replace the existing, substandard sidewalk  between Olney Rd. and Haywood Rd. - In June 2021, the City Manager executed a small design contract for the engineering  associated with the Vermont Ave sidewalk project. - Between 2020 and 2022, eight different public and neighborhood meetings were held  regarding the Vermont Avenue Sidewalk Project. - In February and April of 2022, Council received an update on the design progress of the  Vermont Avenue sidewalk project. - In February 2023, tree removal took place to prepare for the construction portion of the  project. - In June 2023, construction bids were advertised for 30 days, and only two bids were  received. Because a minimum of three bids are required, the bids were returned unopened. - The project was readvertised for bids and received three bids on July 6, 2023. - The following three bids were received:  - Asheville, NC based Smart Builders Construction, Inc for $442,236 - Indian Trail based Cinderella Partners, Inc. for $396,253.21 - Fairview, NC based T.P. Howard Plumbing Co. Inc. for $476,000.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through a solicitation  process which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Cinderella Partners Inc. is the general contractor for this project and is a Woman Owned business.  Committee(s): - n/a  Pro(s): - Provides for sidewalk construction in an area with a demonstrated need for safe  pedestrian access.  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2023-07-25","mt":"regular","id":"R","ref":"RES 23-171","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement with Buncombe County to share the costs of the Stop the Harm initiative","desc":"Background: - The Community Reparations Commission has recommended that the City and County  undertake a comprehensive audit targeted to cease the harms impacting the African American Community of Asheville and Buncombe County. - The City Council adopted a resolution committing to conduct the recommended audit on January 24, 2023, followed by a vote from the Buncombe County Board of Commissioners on February 7, 2023. - With assistance and support of City staff, Buncombe County issued an RFP for qualified firms to conduct this audit. - Staff from both local governmental agencies, as well as representatives from the CRC, have participated in the review and selection process for the firm selection. - Buncombe County will contract directly with the winning firm to conduct the audit, and have requested support and cost sharing from the City of Asheville. - This interlocal agreement will bind the parties to share equally in the costs of the audit, up to a total amount of $174,375 (the City’s total cost share for the audit would represent up to $87,187.50). The interlocal agreement would also permit either party to request additional scope of work to be performed at the sole cost of the requesting entity. - The jointly selected firm is minority owned.  Vendor Outreach Efforts: - Targeted outreach was made to firms noted for their research and compliance expertise. - All bidders were minority owned.  Committee(s): - Equity and Engagement  Pro(s): - Fulfills the recommendation of the Community Reparations Commission - Assists the City and County with determining policies, practices, or other areas of  ongoing harm to the African American Community.  Con(s): - None  Fiscal Impact: - That portion of the audit costs to be paid by the City has already been allocated to  reparations, and no additional funding is needed.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2023-07-25","mt":"regular","id":"S","ref":"ORD 5026","it":"ordinance","t":"Ordinance amending Section 12-53 of the Code of Ordinances (prohibiting storing bicycles, carts, strollers or other items on City property)","desc":"Background: - The City Code, Sec. 12-53, prohibits leaving or allowing to remain unattended any equipment, packages, bags, or other personal belongings on City property, and any such property is subject to removal. - The ordinance contains an exception that allows persons to leave or allow to remain unattended any bicycles, carts, strollers, or other means of personal transportation, so long as they are secured in such a way as to not obstruct streets or sidewalks, and do not interfere with the use of city property. - This exception was likely intended to allow persons to temporarily store bicycles or other means of transportation, however, it has led to situations where bikes have been abandoned and/or left affixed to bike racks for extended periods of time. - This places significant limits on the City's ability to address these situations in order to ensure that others are able to utilize public bike racks, and minimize the nuisance of abandoned property at these locations. - This amendment would still allow for the temporary use envisioned by the ordinance, but would prohibit leaving any bike or other means of personal transportation on City property for longer than 168 hours (7 days). - Notice will be provided via signage affixed to City bicycle racks. Those signs will include contact information to learn where removed property may be reacquired. - Per state law no ordinance containing a criminal penalty may be passed during the same meeting it is introduced. - For that reason, this ordinance will be introduced on June 27 and then voted on July 25  Vendor Outreach Efforts: - N/A  Pro(s): - Remove loophole in order to empower City staff to address nuisance situations, ensure greater access to public bike racks, and prevent undue abuse of ordinance provision intended to encourage clean transportation options.  Con(s): - None  Fiscal Impact: - None.","c":"Transportation","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2023-07-25","mt":"regular","id":"T","ref":"RES 23-172","it":"resolution","t":"Resolution amending the 2023 City Council meeting schedule to add a worksession on August 22, 2023","desc":"Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2023-07-25","mt":"regular","id":"V-A","ref":"RES 23-173","it":"resolution","t":"Resolution approving a Land Use Incentive Grant for a development located at 46 Aston Street (Aston Flats LLC)","desc":"Affordable Housing Officer Sasha Vrtunski said this is the consideration delaying consideration of the land use grant application for Aston Flats LLC (46 Aston Street) until the land use incentive policy has been revised and addresses micro-apartments.  Background: - Aston Flats LLC applied for a Land Use Incentive Grant (LUIG) for their micro-apartment  development at 46 Aston Street in the fall of 2022. - Due to the timing of committee meetings and holidays, the LUIG application was first  considered by the Housing & Community Development Committee (HCD) in February 2023. - Micro-apartments typically comprise 200-350 square feet. - The current LUIG Policy does not address micro-apartment projects and the City has not  developed any specific policies or practices for these types of units. - After their initial review of the LUIG application for the project located at 46 Aston, HCD  requested that the Affordable Housing Advisory Committee (AHAC) make a recommendation on how micro-apartments should be considered under the LUIG Policy. - AHAC and staff are recommending delaying consideration of LUIG applications and awards for micro-apartment projects until the LUIG Policy is revised and includes clear standards for micro-apartment projects. - HCD approved the recommendation to delay consideration of LUIG applications on May 16, 2023, with a 2-0 vote. - On June 20, HCD approved the recommendation 2-1 to delay consideration of the application for the 46 Aston project until the LUIG Policy has been revised to include micro-apartments. - On June 27, the Policy, Finance & HR Committee reviewed the application but did not take a vote on the 46 Aston Project. - AHAC also recommended that if Council wanted to proceed with consideration of micro-unit applications, that developers should fully address all of the committee’s concerns and commit to setting aside 50% of the affordable units for voucher holders. - AHAC’s specific concerns included: - Whether the incentive should be adjusted to account for the smaller unit size. - The demand for smaller unit size, limited kitchen/shared kitchens among those  people seeking affordable housing. - Whether micro-housing projects need subsidies in order to be built. - Micro-apartments meeting qualifications for vouchers of the issuing agency  (HUD, VA, etc.) and the applicable rent payment standards. - Staff and the developer have verified that these units will meet the requirements for  voucher units. The other concerns expressed by AHAC remain unaddressed. - Council voted on June 27, 2023 to suspend LUIG applications for micro-apartment  projects until the LUIG Policy is updated.  Review: - A LUIG application has been submitted for 46 Aston Street per the LUIG Policy as  updated and adopted by City Council on June 22, 2021. - The development consists of 231 rental micro-apartments and community space. These  units are expected to be between 200-350 square feet. - Housing represents 100% of all rentable square footage. - Of the 231 proposed residential units, 47 rental apartments (20%) will be affordable,  serving individuals and families earning at or below 80% of the Area Median Income (AMI). The affordability period will be 21 years to match the 21 year grant period. - The project encompasses one parcel on Aston Street in the Central Business District. Currently the parcel is .64 acre (PIN 9648-39-6557) with an existing building on it. The building will remain and two new parcels will be created totalling .47 acre. - Estimated Tax Value of the property is $24 million post-completion. - The project, as presented to staff, meets the following Eligibility Requirements: - The proposed development consists of two or more dwelling units for rent; - At least 20% of the units will meet the affordability standards set by the City of  Asheville for households earning at or below 80% of the Area Median Income (AMI). - The affordable units will be affordable to and leased to income-eligible households for at least 20 years. - The proposed development is located inside the city limits. - The proposed development provides residents convenient access to jobs,  schools, and services. - The proposed development is over the 70% residential threshold in use based  on square footage not to include a parking structure if applicable. - Per the LUIG Scoring Matrix and based upon the policy, the project will receive 20 total  points for affordability, 10 points for rental assistance, 50 points for the location, 15 points for energy efficiency, 10 points for Universal Design, for a total score of 105 points. Per the policy, this will equal 21 years of grants in the amount of the City Property Taxes payable on the 46 Aston Street Development. - As a part of the LUIG program, 50% of the affordable units will accept vouchers, which generally benefit households at 50% AMI or below. When Housing Choice vouchers are utilized, this also opens up a unit in Public Housing where there are waiting lists. - All units in the project will be micro-units.  Proposal: - Affordable Rental Housing - The proposed project will provide forty-seven (47) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI, with 23 (50% of the affordable units) accepting rental assistance, for an affordability period of twenty-one (21) years. Under this category, the project qualifies for 20 points. - Rental Assistance - The proposed project will accept 24 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more. The proposed project will house one person from the Homeless By-Name List for 5 points. Under this category, the project qualifies for 15 points. - Locational Efficiency - The proposed project is located in the Central Business District (30 points), within  a ¼ mile of a 30-minute transit stop (10 points), within 1 mile from a job or urban center (downtown, hospital district) (5 points), and within a .5 mile from a Transportation Amenity (schools, Transit Center) (5 points). Under this category, the project qualifies for 50 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star  Certification and green building certification. Under this category, the project qualifies for 15 points. - Universal Design: The project has committed to using Universal Design for 20% of the units, which qualifies for 10 points. - Staff has scored the project with 105 points.  Analysis - Delaying the decision about a LUIG for 46 Aston is not a reflection of the overall quality of  the project. This project will provide housing in a central location where residents can access many services and jobs without having to own a car. - LUIGs are intended to subsidize the affordability of a portion of the units, not to enable a project to be built. - In response to AHAC’s concerns, the following have been addressed: - The developer has confirmed with the Housing Authority and the Veteran’s  Administration that the units will qualify for voucher use. - According to the HUD Voucher Handbook on Special Unit types, these units are  not categorized as Single Room Occupancy, so they are categorized as efficiencies or studios instead. - Several of the concerns raised by AHAC remain unaddressed: - The market demand for these units by people who need affordable housing is  untested. - It is uncertain as to whether subsidies are needed for the rents to be affordable or  if the market price itself will fall within affordable rates. - It is not clear in the policy as to whether the incentives should be of a lower  amount due to the smaller units sizes. - A previous micro-unit project, 217 Hilliard, was approved in 2022 for a LUIG with the  same developer. At the time Staff and HCD did not raise concerns regarding providing a subsidy for these types of units, with a total of 80 units, and 16 affordable units, for a total subsidy cost of $592,790. - The developer has delayed construction due to rising costs, but is working to get it underway in the near future. - The Hilliard project was taken through the LUIG process in June 2022 and there have been 4 standard-unit LUIGs approved since then. - Overall, the increased number of total LUIG approvals and the larger subsidy being requested here, combined with the lack of clarity around the role of subsidies for micro-units have created questions for both staff and AHAC about LUIG and micro-apartments.  Committee(s): - Housing & Community Development Committee - June 20, 2023 - approved the  recommendation 2-1 to delay consideration of the application for the 46 Aston project until the LUIG Policy has been revised to include micro-apartments. - Policy, Finance & HR Committee - June 27, 2023 - declined to vote on the project. There were two members present and no consensus on the vote.  Pro(s): - The LUIG Policy was not developed with this type of development in mind and does not  address some of the issues it brings up, like smaller units, limited kitchens and the amount of the incentive granted. - Delaying consideration of this LUIG will give time for the LUIG Policy to be revised in a more holistic way and give City Council more information to consider about these types of projects. - With more time, input and also expertise from our Affordable Housing Plan consultants (starting in August/September), the City can more carefully consider how scarce City resources are being spent on affordable housing subsidies and what types of subsidies are the highest priority. - Approving the staff recommendation will be in line with the Council action on June 27, 2023 to suspend consideration of LUIG micro-apartment applications until the policy is reviewed.  Con(s): - A delay in a decision about the LUIG for 46 Aston will compromise certainty for the  developer around subsidies for the affordable units.  Fiscal Impact: - Approval of the staff recommendation to delay consideration and approval of this  application has no fiscal impact. - If HCD and City Council approves the application, the fiscal impact is as follows: - The two parcels totalling .47 acre that will be created have a current tax value estimated at $921,273 and pays city property taxes of approximately $3,173 annually. - Under the estimated tax value of $24 million post-completion, the annual city property tax will be approximately $96,720. - For 21 years and 47 affordable units at or below 80% AMI, the City will grant back a total of $1,953,152 which equals $41,566 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in Council Work Sessions and a subsidy cap noted in the LUIG Policy. - After year 21, the City will receive the approximate $96,720 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $3,173 per year in years 1 -21. - Land Use Incentive Grant payments are planned as part of the annual budget process.  Staff Recommendation - Staff recommends that City Council delay consideration of the application for the Land  Use Incentive Grant application for Aston Flats LLC / 46 Aston Street until the LUIG Policy has been revised and addresses micro-apartments.  Ms. Vrtunski said the key takeaways from this presentation are (1) Land Use Incentive Grant (LUIG) application for a micro-apartment project at 46 Aston includes 47 units (20%) to be affordable for 21 years at 80% or below (total of 231 units) with a total grant of $1,953,152; (2) The current LUIG Policy does not address micro-apartment projects; (3) Council voted 6-0 on  June 27 to temporarily pause consideration of LUIG applications for micro-apartment projects until the LUIG Policy is revised; (4) Staff recommends that City Council delay consideration of the LUIG application for 46 Aston Street until the policy has been revised; (5) On June 20, HCD voted 2-1 to delay consideration of the application for 46 Aston Street micro-apartments until the policy is revised; and (6) The LUIG Policy will be revised as part of the Affordable Housing Plan update in Fiscal Year 2024 - The contract to select a vendor for this project is also being considered at the July 25 Council meeting. The background is as follows: (1) February 2022: City Council approved a LUIG for 217 Hilliard, a micro-apartment project. The project had a total of 80 units, with 16 affordable at 80% AMI for 20 years. The total incentive grant is $592,790. To-date, the project has not completed the necessary permitting for construction (a) The LUIG Policy is technically silent on micro-units; and (b) When reviewing this application, staff saw benefit in using 217 Hilliard as a pilot because of the relatively small grant size ($29,640 per year for 20 years) - The total grant for 217 Hilliard was $592,790 compared to the proposed $1,953,152 grant for 46 Aston; (2) September 2022: Aston Flats LLC applied for a LUIG for their development at 46 Aston Street. Because of committee timing and holidays, the request was heard by HCD in February 2023; (3) February 2023: HCD reviewed the application and the Committee requested that AHAC review the LUIG Policy in regards to micro-unit requests (not the project itself); (4) March and April 2023: AHAC discussed the LUIG Policy and considerations related to micro-units; (5) May 2023: AHAC voted 12-0 recommending the delay in consideration of LUIG applications and awards for micro-apartment projects until the policy is revised and includes clear standards for micro-apartment projects (a) AHAC also recommended that if Council wanted to proceed with consideration of micro-apartment applications, that developers should fully address their concerns and commit to setting aside 50% of the affordable units for voucher holders. AHAC’s concerns included: (i) Whether the incentive should be adjusted to account for the smaller unit size; (ii) The demand for smaller unit size, limited kitchen/shared kitchens among those people seeking affordable housing; (iii) Whether micro-housing projects need subsidies in order to be built.; and (iv) Micro apartments meeting qualifications for vouchers of the issuing agency (HUD, VA, etc) and the applicable rent payment standards; (6) May 2023: In alignment with staff and AHAC’s recommendation, HCD recommended delaying consideration of LUIG micro-apartment applications (2-0 vote); and (7) June 2023: Council voted 6-0 to delay consideration of LUIG applications for micro-apartment projects until the LUIG Policy is updated. The timeline for LUIG Policy review has not yet been determined with the Affordable Housing Plan Consultant. Staff has communicated that this item is top priority in the planning process. She then gave the project background of 46 Aston Street as follows: (1) The development consists of 231 apartments and community space on .47 acres of land at 46 Aston Street; (2) Housing represents 100% of all rentable square footage; (3) Of the 231 residential units, 47 rental apartments (20%) will be affordable, serving households earning at or below 80% of the Area Median Income (AMI) for a minimum of 21 years (affordability period matches the grant term); (4) The developer estimates a taxable value after construction at $24 million; (5) All units in the proposed development are microunits/studios; and (6) As proposed, the total grant would be $1,953,152 or $93,007 per year at a subsidy of $41,566 per year. Policy considerations for 46 Aston Street include (1) Delaying the decision about a Land Use Incentive Grant for 46 Aston is not a reflection of the overall quality of the project. This project will provide housing in a central location where residents can access many services and jobs without having to own a car; (2) The following concerns expressed by AHAC have been addressed: (a) The developer has confirmed with the Housing Authority and the Veteran’s Administration that the units will qualify for voucher use; (b) According to the HUD Voucher Handbook on Special Unit types, these units are not categorized as Single Room Occupancy, so they are categorized as efficiencies or studios instead; and (c) The developer committed to set aside all 47 affordable units for voucher holders; (3) Several of the concerns raised by AHAC remain unaddressed: (a) The market demand for these units by people who need affordable housing has not yet been proven in the community; (b) Confirmation on the need for subsidies in order to ensure affordable rents; (c) The role of the LUIG program is to subsidize the affordability of a portion of the units, not to enable a project to be built; and (d) Clarification on if incentive amounts should be lower to account for smaller unit  sizes; (4) June 2023: HCD reviewed the project and voted 2-1 in favor of staff”s recommendation to delay consideration of this application until the LUIG Policy is updated; and (5) June 2023: The Policy, Finance & HR Committee declined to to take action on the application. She then showed an aerial view of the property. Pros include (1) Delaying consideration of this LUIG will give time for the policy to be revised in a more holistic way and give City Council more information to consider about these types of projects, including input from the Affordable Housing Plan consultants (starting in August/September); and (2) Approving the staff recommendation will be in line with the Council action on June 27, 2023 to suspend consideration of LUIG micro-apartment applications until the policy is reviewed. Cons are (1) A delay in a decision about the LUIG for 46 Aston will compromise certainty for the developer around subsidies for the affordable units; and (2) Because the LUIG Policy does not currently address this type of project, staff recommends that City Council delay consideration of the application for the Land Use Incentive Grant application for Aston Flats LLC / 46 Aston Street until the LUIG Policy has been revised and addresses micro-apartments. Because the LUIG Policy does not currently address this type of project, staff recommends that City Council delay consideration of the application for the LUIG application for Aston Flats LLC / 46 Aston Street until the LUIG policy has been revised and addresses micro-apartments.  There was discussion on whether the incentive should be lowered to account for smaller unit sizes and request that the consultant working on the revisions to the LUIG policy address this question, and the market demand for these units.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":25},{"d":"2023-07-25","mt":"regular","id":"V-A-amend","ref":"","it":"motion","t":"Motion to amend the agenda to add consideration of a resolution to approve the LUIG application for Aston Flats LLC for 46 Aston Street","desc":"of a resolution to approve LUIG application for Aston Flats LLC for 46 Aston Street. This motion was seconded by Councilwoman Ullman and carried on a 6-1 vote, with Councilwoman Mosley voting “no.”  When Mayor Manheimer asked for public comment at this time, she received none.  Councilwoman Roney would support the application moving forward because she heard that there will be vouchers set aside and she wanted to be consistent in seeking voucher units. And, this being close to transportation is a plus because that is a big part of affordability in our community.","c":"Administrative","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":24},{"d":"2023-07-25","mt":"regular","id":"V-A-delay","ref":"","it":"motion","t":"Motion to delay the LUIG application for Aston Flats LLC for 46 Aston Street until after the LUIG policy is revised","desc":"for Aston Flats LLC for 46 Aston Street until after the LUIG policy is revised. This motion was seconded by Councilwoman Smith.  David Moritz, developer of this project and the 217 Hilliard project, and Barry Bailik both spoke in support of moving forward with approving the LUIG application.  Mayor Manheimer, Vice-Mayor Kilgore, Councilwoman Turner Councilwoman Ullman all spoke in support of moving forward with the application request, for various reasons, some being, but are not limited to: the length of time the LUIG policy will take to be revised; the length of time this particular application has been waiting for a decision; the risk of this project not being constructed due to finances; and need to move forward with this dense housing downtown.  In response to Councilwoman Roney, Mr. Moritz explained they do have financing for the first project (217 Hilliard). He explained they still have support of their vendor and are now negotiating with two local contractors.  The motion made by Councilwoman Mosley and seconded by Councilwoman Smith to delay consideration of the LUIG application failed on a 3-4 vote, with Mayor Manheimer, Vice-Mayor Kilgore, Councilwoman Turner and Councilwoman Ullman voting “no.”","c":"Administrative","mo":"individual","mv":"Mosley","sec":"Smith","r":"failed","ta":"3-4","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":23},{"d":"2023-07-25","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":26},{"d":"2023-07-25","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1PJreJuWyclZcx9CJKOAbGCyTqJyaSAJ7/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":27},{"d":"2023-08-17","mt":"worksession","id":"ws-closed-in","ref":"","it":"motion","t":"Motion to go into closed session to prevent disclosure of privileged and confidential information and to consult with the City Attorney regarding Zachary Hebb v. City of Asheville (WDNC 1:22-CV-00222)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2023-08-17","mt":"worksession","id":"ws-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2023-08-22","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the agenda briefing worksession held on July 20, 2023, and the formal meeting held on July 25, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-08-22","mt":"regular","id":"B","ref":"RES 23-174 / ORD 5029","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with McAdams for the Downtown Patton Avenue Corridor and Feasibility Study; and associated budget amendment","desc":"Background: - a contract with McAdams, in the amount of $220,000, for planning services to prepare the Downtown Patton Avenue Corridor and Feasibility Study - On January 11, 2022, the City Council approved Resolution 22-1, authorizing staff to submit an application requesting $350,000 in grant funds with a 20% match ($70,000). The FBRMPO awarded $176,000 for a project total of $220,000, with a 20% City match ($44,000). - The purpose of the study is to create a vision for how the City can best develop the Patton Avenue corridor east of the Captain Bowen Bridge given the current I-26 design for the area and using the context of adopted City goals and best practices in planning and urban design to identify opportunities for multimodal transportation and placemaking improvements, such as sidewalks, bike lanes, greenways, public spaces, and transit. - The City conducted a Request for Letters of Interest process that followed state guidelines for procurement. The consulting firm McAdams was selected from this process. Fiscal Impact: - A previous budget amendment, adopted by City Council on September 27, 2022, established a budget for this project in excess of the awarded amount and required match. Budget authority for this project will be reduced to reflect the proper total ($220,000). - Funding for the required $44,000 local match was identified within the previous fiscal year (FY 2022-23) General Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-08-22","mt":"regular","id":"C","ref":"RES 23-175","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with B.H. Graning Landscapes LLC for the Bent Tree and Crestwood Roads Slide Repairs project","desc":"Background: - Heavy rains in July 2022 caused slope failures on Bent Tree and Crestwood Roads. - Public Works staff performed temporary repairs to the slides, but a permanent solution will be required. - ECS Southeast, LLP was selected by the City to produce repair designs for the slides. - Plans were provided on May 30, 2023 and the contract was advertised on June 6, 2023. - Four responses were received: B.H. Graning Landscapes, Inc. of Sylva, NC $819,124.65 Tennoca Construction Company of Candler, NC $842,394.00 TAG Contracting Inc. of Old Fort, NC $892,007.00 Southeast Select Civil Construction, LLC of Raleigh, NC $963,380.00 - The asphalt milling and paving subcontractor is a woman-owned business (JLS Company, LLC of Arden, NC). The prime contractor plans to expend 3.3% of the total dollar amount of the contract with this company. Fiscal Impact: - $819,124.65 plus a 20% contingency of $163,825.35 for a project total of $982,950.00 - This contract will utilize savings from planned streets resurfacing work and remaining FY23 Capital Improvement Program (CIP) contingency in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-08-22","mt":"regular","id":"D","ref":"RES 23-176","it":"resolution","t":"Resolution authorizing the standardization purchase of Labrie OEM parts for sanitation vehicles from Joe Johnson Equipment","desc":"Background: - The City owns and operates two Labrie automated side loading garbage trucks to provide trash collection by the Sanitation Division. - Labrie parts are only available through authorized dealers, and Joe Johnson Equipment is the only OEM distributor authorized to sell new equipment and parts, and provide warranty and repair services for Labrie brand refuse trucks in our geographic area. - Use of OEM (original equipment manufacturer) parts is recommended to maintain the equipment up to the manufacturer's standards. Fiscal Impact: - Staff estimates that $60,000 will be spent in the current fiscal year. - Funding for these purchases is available in the Public Works Department operating budget.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-08-22","mt":"regular","id":"E","ref":"RES 23-177","it":"resolution","t":"Adoption of bond resolution providing for the issuance of (1) General Obligation Public Improvement Bonds, Series 2023B, not to exceed $9,925,000; and (2) Taxable General Obligation Housing Bonds, Series 2023C, not to exceed $16,895,000","desc":"Background: - On November 8, 2016, Asheville voters approved a $74 million General Obligation (GO) Bond Referendum which included $32 million for Transportation improvements, $25 million for Affordable Housing initiatives and $17 million for Parks and Recreation improvements. - To date the City has already issued approximately $39.1 million of the $49 million approved for Transportation and Parks and Recreation improvements (Public Improvement Bonds), and approximately $8.1 million of the $25 million for Affordable Housing. - As prescribed in NC State Statute 159-64, Bonds may be issued under a bond order at any time within seven years after the bond order takes effect. - the City has requested that the Local Government Commission sell the 2023 Bonds through a competitive sale on September 26, 2023. Fiscal Impact: - In June 2017, City Council approved a 3.5 cent increase to the property tax rate to fund future debt service associated with voter passage of the GO Bond referendum. - The debt service payments for this bond refunding are already included in the multi-year Capital Improvement Program (CIP)/Debt Financial Model.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-08-22","mt":"regular","id":"F","ref":"RES 23-178 / RES 23-179","it":"resolution","t":"Resolution authorizing the City Manager to sign an addendum to the 2019 tax collection agreement with Buncombe County to conform to Chapter 105 of the N.C. General Statutes (The Revenue Act); and resolution approving the FY2023 Annual Tax Settlement Report, authorizing the Mayor to execute an Order of Collection for FY2024, and appointing Finance Director Tony McDowell as Municipal Tax Collector","desc":"Background: - In 2019, Buncombe County and the City of Asheville entered into an updated agreement for the County to continue billing and collecting property taxes under a revised fee structure. - The 2019 agreement is currently valid through June 30, 2025. - Legal staff at the University of North Carolina School of Government recently encouraged local governments across the State to review tax collection agreements to ensure that they fully conform to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - Upon this review, City and County staff recommended adoption of the addendum to the 2019 agreement. - In addition, pursuant to NCGS § 105-373, the Tax Collector must provide to City Council an annual settlement of property tax collected in the previous fiscal year for approval; and pursuant to NCGS § 105-321, following approval of the Tax Collector's Annual Settlement for the preceding year an Order of Collection to the Tax Collector must be adopted authorizing the collection of the current fiscal year property taxes. - Finally, the resolution includes the appointment of the Finance Director as the Municipal Tax Collector. Fiscal Impact: - There is no direct fiscal impact to approving this resolution. Under the terms of the agreement, the City will pay the County a flat fee of approximately $899,000 in fiscal year 2024 for tax collection services. - The fee for these services increases annually with an automatic annual escalation rate of 2.5% for each successive fiscal year of the agreement.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-08-22","mt":"regular","id":"G","ref":"RES 23-180","it":"resolution","t":"Resolution denying General Electric Company's requested tangible personal property tax refund dated July 19, 2023","desc":"Background: - General Electric Company (\"GE\") owns taxable tangible personal property located at 401 Sweeten Creek Industrial Park. - In December of 2019, GE and affiliate entities, GE Capital and GE Industrial, each paid taxes on the tangible personal property which each filed for taxation purposes with Buncombe County. - In July of 2023, a separate entity, GE Healthcare Finance Services, LLC, made a request to the City of Asheville and Buncombe County for a tax refund on the personal property taxes paid by GE Capital and GE Industrial for the tax years 2019 and 2020. - The requester argues that the collected taxes should have only been paid once instead of three separate times by the three entities described above. - Pursuant to NCGS 105-381, the City can only grant a tax refund due to clerical error, an illegal tax, or a tax levied for an illegal purpose. - None of the statutory allowances for granting a refund apply to the present request, therefore, it is the recommendation of the City Attorney's Office, in consultation with the County Attorney's Office and the County Tax Collector, that the City Council must deny the request. Fiscal Impact: - The 2 years of requested refund amount to $227,007 in taxes collected by the City","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-08-22","mt":"regular","id":"H","ref":"RES 23-181 / RES 23-182 / RES 23-183 / RES 23-184 / RES 23-185 / RES 23-186 / RES 23-187","it":"resolution","t":"Resolutions authorizing the possession and consumption of malt beverages and/or unfortified wine at Symphony in the Park, Chow Chow Food & Culture Festival, Blue Ridge Pride Festival, Asheville Oktoberfest, Asheville Veganfest, Lovely Asheville Fall Festival, and Surreal Sirkus Arts Festival","desc":"Background: - The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival. - Asheville Symphony Society for Symphony in the Park, to occur at Pack Square Park on Sunday, August 27 & 28, 2023 - Chow Chow for the Chow Chow Food & Culture Festival to occur at Pack Square Park on Friday & Saturday, September 8 & 9, 2023 - Blue Ridge Pride Center for the Blue Ridge Pride Festival to occur at Pack Square Park on Saturday, September 30, 2023 - Asheville Downtown Association for Asheville Oktoberfest to occur at Pack Square Park on Saturday, October 7, 2023 - Triangle Vegfest for Asheville Veganfest to occur at Pack Square Park on Sunday, October 8, 2023 - Asheville Creative Arts for the Lovely Asheville Fall Festival to occur at Pack Square Park on Saturday, October 14, 2023 - Arts2People for the Surreal Sirkus Arts Festival to occur at Pack Square Park on Saturday, October 28, 2023 - Allows fundraising opportunities for the sponsoring nonprofit organizations Fiscal Impact: - Requires no City resources and has no fiscal impact.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-08-22","mt":"regular","id":"I","ref":"RES 23-188 / ORD 5030","it":"resolution","t":"Resolution authorizing the City Manager to apply for and accept grant funds from the Office of National Drug Control Policy for the 2023 High Intensity Drug Trafficking Areas (HIDTA) grant on behalf of the Asheville HIDTA branch; and associated budget amendment","desc":"Background: - The purpose of the HIDTA program is to reduce drug trafficking and especially production in the United States, specifically in areas where drug-related activities are having a significant harmful impact. - This unit does not focus on, or adopt cases, that are for simple possession, but focuses only on cases that deal in trafficking, manufacturing, and distribution of illegal drugs. - The Asheville Police Department acts only as the fiduciary for the grant. - When expenses are incurred, the fiduciary settles the claims using appropriated City of Asheville funds and then requests a 100% reimbursement from the federal government. - The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville Police Department. - The Asheville HIDTA is comprised of members of the United States Drug Enforcement Administration, one officer from the Asheville Police Department, and various individuals from the Sheriff Offices of several Western North Carolina Counties. - Grant funds are used for overtime, travel, services and supplies. Committee(s): - Environment & Safety Committee - 07/25/2023; 3-0 approved to move forward to City Council Fiscal Impact: - The Office of National Drug Control Policy has determined that the City of Asheville is eligible to manage this grant totaling $154,638.00. - Matching funds are not required for this grant.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2023-08-22","mt":"regular","id":"IV-A","ref":"","it":"motion","t":"Motion to continue the public hearing to conditionally zone 1 Oak Street from Central Business District to Central Business Expansion District/Conditional Zone until September 12, 2023","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2023-08-22","mt":"regular","id":"IV-B","ref":"ORD 5032","it":"ordinance","t":"Ordinance to amend the conditional zoning for 339, 343 and 357 Haywood Street to make changes to the site plan, number of dwelling units and the extent of the conditional zoning","desc":"Background: - The project area consists of three properties totalling 1.23 acres known as 339, 343, and 357 W. Haywood St, and is currently vacant. - The project site is located within the West End Clingman Avenue Neighborhood (WECAN) - Owners: West Haywood Street Apartments LLC and BHH Asheville LLC - The project received a conditional zoning (Ord. No. 4935, adopted February 22, 2022) for two of these properties in order to modify structure size, height and density requirements. - The project is seeking an amendment to the previously approved conditional zoning (Ord. No. 4935) with the inclusion of the additional property at 339 W. Haywood St. - Changes to the project include a reduction in the number of units from 46 to 41 units and a reduction in the overall height of the proposed building from 4-to-5 stories to 3-to-4 stories. - The project proposes affordable housing: - 100% of the units (41 units) will be affordable to those earning at or below 80% Area Median Income (AMI). - 50% of the units (21 units) will be reserved for Housing Choice Vouchers. - A total of 33 parking spaces are proposed, where 33 parking spaces are required after applying the 20% reduction in required parking in the CBII zoning district. - The project proposes 19% open space. - The project is seeking technical modifications to development standards through the conditional zoning process including: - A total building square footage of approximately 50,000 s.f. where the maximum is 45,000 s.f. under the CBII zoning. - No loading berths provided where two would be required. - The City of Asheville is providing financial support for this project: - A grant of $1.3M for the purchase of 0.857 acres of land at 343 & 357 W. Haywood Street (Affordable Housing Bond funds) - A loan of $904,000 from the City's Housing Trust Fund (HTF) Committee(s): - Technical Review Committee - July 17, 2023 - approved with conditions. - Planning & Zoning Commission - August 2, 2023 - approved (Vote 4-0) with the following condition: That the Exhibit E … Project Condition #12 regarding the maximum post-impervious area be deleted.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2023-08-22","mt":"regular","id":"J","ref":"RES 23-189","it":"resolution","t":"Resolution authorizing the City Manager to apply for and accept grant funds from the Office of National Drug Control Policy for the 2024 High Intensity Drug Trafficking Areas (HIDTA) grant on behalf of the Asheville HIDTA branch","desc":"Background: - The purpose of the HIDTA program is to reduce drug trafficking and especially production in the United States, specifically in areas where drug-related activities are having a significant harmful impact. - The Asheville Police Department acts only as the fiduciary for the grant. - When expenses are incurred, the fiduciary settles the claims using appropriated City of Asheville funds and then requests a 100% reimbursement from the federal government. - Grant funds are used for overtime, travel, services and supplies. Committee(s): - Environment & Safety Committee - 07/25/2023; 3-0 approved to move forward to City Council Fiscal Impact: - The Office of National Drug Control Policy has determined that the City of Asheville is eligible to manage this grant totaling $154,638.00. - Matching funds are not required for this grant.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2023-08-22","mt":"regular","id":"K","ref":"RES 23-190 / ORD 5031","it":"resolution","t":"Resolution authorizing the City Manager to apply for and accept grant funds from the NC Governor's Highway Safety Program for the 2024 BikeSafe grant; and associated budget amendment","desc":"Background: - The Bike/Safe NC program is a partnership with the Governor's Highway Safety Program and the North Carolina State Highway Patrol that is aimed at reducing motorcycle fatalities. - Grant funds will be used to promote awareness by contacting motorcycle dealers, clubs and associations to discuss current highway safety activities and attend and/or host training opportunities. - The Asheville Police Department will act as fiduciary for the program. Committee(s): - Environment & Safety Committee - 07/25/2023; 3-0 approved to move forward to City Council Fiscal Impact: - The total of the grant is $5,000 and does not require local matching funds.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-08-22","mt":"regular","id":"L","ref":"RES 23-191","it":"resolution","t":"Resolution authorizing the City Manager to approve the donation of surplus used Asheville Police Department radios to the Madison County Sheriff's Office","desc":"Background: - Equipment to be donated consists of 18 Motorola APX Radios. - The radios have been removed from deadlined Asheville Police Department cars. - The radios are not compatible with the Asheville Police Department's radio management system. - While they could be sold as surplus property, donating this equipment will enhance the capacity of a nearby local law enforcement agency. Fiscal Impact: - The radios might have nominal resale value as surplus property (estimated at $300 each for a total of $5,400).","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-08-22","mt":"regular","id":"M","ref":"RES 23-192","it":"resolution","t":"Resolution authorizing the City Manager to enter into a statewide mutual aid and assistance agreement with the N.C. Division of Emergency Management to share resources during a disaster","desc":"Background: - The Mutual Aid System is a voluntary agreement among North Carolina local governments to share resources during a disaster. - The Mutual Aid System was developed following Hurricane Fran in 1996. - All 100 counties, the Eastern Band of Cherokee Indians and nearly three-fourths of the 650 municipalities have signed the mutual aid agreement. - Joining the Mutual Aid System gives access to all of the State's response capabilities without incurring the costs to purchase, maintain, and insure an inventory of underused resources. - Participating in the system provides efficient and effective assistance among governments, as well as faster reimbursement from the Federal Emergency Management Agency Committee(s): - Environment & Safety Committee - Will be reviewed on August 22, 2023 Fiscal Impact: - This action requires no City resources and has no fiscal impact. - Activation of this agreement may result in the use of city personnel and other resources for emergency response, costs that are generally reimbursed.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-08-22","mt":"regular","id":"N","ref":"RES 23-193","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Responder Support Services LLC for embedded behavioral health services for public safety employees and their dependents","desc":"Background: - Responder Support Services currently provides embedded behavioral health support to the Fire and Police Departments four days per week for each department. Utilization of the services has steadily increased since implementation of the contract. - Staff is issuing a Request for Proposals to continue these services, but the process will not be complete by the current contract's end. - Staff is requesting to amend the current contract to extend it through October 31, 2023, and to add an additional $60,000 to provide ongoing embedded behavioral health support to Fire and Police Departments 4 days per week for each department. Fiscal Impact: - Additional $60,000 added to the contract for a total investment of $516,000 over the three-year contract. - Funding for this contract is available in the FY 2024 Health Insurance Fund operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-08-22","mt":"regular","id":"O","ref":"RES 23-194","it":"resolution","t":"Resolution authorizing the City Manager to enter into an interlocal agreement and a service level agreement with Buncombe County to provide appropriate access to public safety technology systems","desc":"Background: - A cross-departmental team of City staff worked with Buncombe County to develop a new intergovernmental agreement (IGA), cost allocation model for the Public Safety Interoperability Partnership (PSIP), and defined Service Level Agreements. - The agreement creates a Public Safety Executive Committee (PEC) that includes City staff representation from Police, Fire, and Information Technology Services. - The agreement has an initial term of one year and automatically renews for one year, unless terminated. - The service level agreement (SLA) establishes expectations and service norms from the County Information Technology Department in support of PSIP applications. Fiscal Impact: - Funding for this contract is budgeted annually and is available in the Police Department operating budget. - For Fiscal Year 2023-24, the County estimates that the City's share of the PSIP and Centralized Data Entry (CDE) costs will be $947,470. This contract amendment is being presented in a separate consent agenda item.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2023-08-22","mt":"regular","id":"P","ref":"RES 23-195","it":"resolution","t":"Resolution authorizing the City Manager to enter into contract change orders with Buncombe County for the annual payments for the ongoing existing Public Safety Interoperability System/Centralized Data Entry and County Identification Bureau","desc":"Background: - The Public Safety Interoperability System/Centralized Data Entry information system and the Identification (ID) Bureau are both operated as County services. - Based on the interlocal agreements, the City pays 50% of the cost of the County Identification (ID) Bureau program and 45% of the cost of the Centralized Data Entry (CDE) program. - For fiscal year 2023-24, the City will pay approximately 31% of the cost for the PSIP program. - The requested contract change orders will allow staff to encumber those amounts in the City's financial system. - The County bills the City quarterly based on actual expenses. Fiscal Impact: - For fiscal year 2023-24, the County estimates that the City's share of the PSIP/CDE costs will be $947,470 and the City's share of the ID Bureau will be $582,280. - Funding for these contracts is available in the Non-Departmental and Police Department operating budgets.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2023-08-22","mt":"regular","id":"Q","ref":"RES 23-196","it":"resolution","t":"Resolution approving the issuance by the Housing Authority of the City of Asheville of up to $18,000,000 of multifamily housing revenue bonds to provide financing for Vanderbilt Apartments and to satisfy Section 147(f) of the Internal Revenue Code","desc":"Background: - Vanderbilt (TC2) Senior Housing Limited Partnership, a North Carolina limited partnership (the \"Borrower\") has requested that the Asheville Housing Authority (the \"Issuer\") issue up to $18,000,000 in multifamily housing revenue bonds for the acquisition and rehabilitation of a 123-unit affordable rental development for seniors known as Vanderbilt Apartments located at 75 Haywood Street in Asheville, a 0.5 acre parcel identified as PIN 9649313184 in the Buncombe County Registry. - Vanderbilt Park consists of one 9-story building, with 123 units (42 studios and 81 one-bedroom units). - 62 units will continue to be restricted to households earning 50% or less of Area Median Income (\"AMI\") and the remaining 61 units will continue to be restricted to households earning 60% or less of AMI. - The new affordability period will be at least 30 years. - National Church Residences is the developer and manager of this project and is an affiliate of the owner. - Construction is scheduled to commence in November 2023 and has an expected completion date of November 2024. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such plan. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. Fiscal Impact: - Requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2023-08-22","mt":"regular","id":"R","ref":"","it":"motion","t":"Motion approving the Board of Alcoholic Beverage Control's travel policy adopted January 26, 2016","desc":"Background: - Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its 167 ABC boards to get annual approval of board travel policies from their appointing authorities. - The ABC Board approved the current policy on January 26, 2016. - In 2022, the ABC Board incorporated all the elements to changes in the City's Travel Policy, and made no changes to the current policy.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2023-08-22","mt":"regular","id":"VI-A","ref":"RES 23-198","it":"resolution","t":"Resolution approving revised unit count and affordability levels for the Housing Trust Fund loan for Haywood Street Community Development project on West Haywood Street","desc":"Background: - In October 2021, City Council approved a grant of $296,000 to Haywood Street Community Development (HSCD) for pre-development expenses related to developing affordable housing on West Haywood Street. - In February 2022, City Council approved funding to develop approximately 45 affordable apartments with community space at 343 & 357 West Haywood Street. - Earlier this calendar year, HSCD redesigned the project and assembled a third parcel into the development (339 West Haywood Street), which allowed for a reduction in building height. The reduced building height lowered project construction costs and impacted the number of units (decreasing from 45 to 41). - All units will be restricted to households with 80% AMI and below. - Fifty percent (50%) of all units would be reserved for voucher holders. - Haywood Street Community Development intends to exceed this goal and lease 90% of the units to voucher holders, but this will not be reflected in the permanent deed restriction. - HSCD's total updated proposed project budget is $12,042,715, including due diligence and soft costs, with $7,818,520 estimated for construction. - This project leverages partnership funding from both Buncombe County and Dogwood Health Trust. Committee(s): - Housing and Community Development Committee - August 21, 2023. Fiscal Impact: - No additional resources are required, the amount of the Housing Trust Fund loan ($904,000) would remain the same as originally approved. - The subsidy per unit will increase from $55,556 to $60,976.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":20},{"d":"2023-08-22","mt":"regular","id":"VI-B-199","ref":"RES 23-199","it":"resolution","t":"Resolution authorizing the City Manager to discontinue the City of Asheville's Strategic Event Partnership Program","desc":"Background: - This program provided additional in-kind support and fee waivers beyond the 75% non-profit discount provided for in the City's fees and charges manual. - staff recommendations on the selection of partners and distribution of resources were never brought forward to City Council due to legal limitations for such a program. - Non-profit events that receive funding from Asheville Area Arts Council will still be eligible for the City's 75% non-profit discount afforded to all applicable non-profit events. - Five events have since been preserved under contract as official City of Asheville holiday productions with the city's full support behind them: - Juneteenth Celebration - Independence Day Celebration - Asheville Holiday Parade - Memorial Day Ceremony - Veterans Day Ceremony Committee(s): - Policy, Finance & Human Resources Committee - June 27, 2023 - Action: Unanimous recommendation to City Council - Planning & Economic Development Committee - July 10, 2023 - Action: Unanimous recommendation to City Council Fiscal Impact: - $56,500 + In-Kind Support per Year","c":"Community Programs","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":21},{"d":"2023-08-22","mt":"regular","id":"VI-B-200","ref":"RES 23-200","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with the Asheville Area Arts Council to administer a grant program to reimburse cultural and arts-related non-profit events for certain City fees and charges, for up to a three year period","desc":"Background: - For all other events that are not official City of Asheville holiday productions, the City will contract with the Asheville Area Arts Council to administer a City-funded grant program that will reimburse eligible non-profit community events for a variety of their city fees and charges as authorized by N.C.G.S. 160A-488 (Arts Programs). - Former partner events including Downtown After 5 and Pritchard Park Programs, Shindig on the Green, Goombay Festival, and LEAF Downtown would be eligible to apply for support through the Asheville Area Arts Council program. Fiscal Impact: - a base amount of $69,104/year with a 10% contingency in the amount of $6,910 (total not to exceed $76,014 annually, $228,042 over a three year contract period) - A three-year agreement with the Asheville Area Arts Council, not to exceed $228,042 including contingency, will have a year-over-year net-zero budget impact with the exception of an administrative fee levied by the Asheville Area Arts Council.","c":"Community Programs","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":22},{"d":"2023-08-22","mt":"regular","id":"VI-B-201","ref":"RES 23-201","it":"resolution","t":"Resolution authorizing the City Manager to enter into an Agricultural Development Agreement with the Appalachian Sustainable Agriculture Project for the production of the Asheville City Market in years 2024-2026","desc":"Background: - One event, the Asheville City Market produced by the Appalachian Sustainable Agriculture Project, is eligible for City support (limited in-kind support valued at $30,000) as authorized by N.C.G.S. 106-736(b) and support for the Asheville City Market is consistent with the City's adopted Food Policy Action Plan (Resolution No. 17-257) and Municipal Climate Action Plan (Resolution No. 23-70). Fiscal Impact: - a three-year Agricultural Development Agreement for the Asheville City Market for 2024-2026 at a limited value of $30,000 in-kind per year.","c":"Economic Development","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":23},{"d":"2023-08-22","mt":"regular","id":"VI-C","ref":"ORD 5033","it":"ordinance","t":"Ordinance amending sections of the Code of Ordinances relating to solicitation, to remain compliant with existing federal and state law, remove ambiguities, and include more detailed descriptions of prohibitions (first reading)","desc":"Background: - The City currently regulates public solicitation in Sec. 11-5 and 11-14 of the Asheville City Code of Ordinances. - Recent Federal Court decisions have refined the legal framework which municipalities may utilize to regulate this activity. - In order to remain compliant with existing Federal law, amendments to the City's existing ordinances are necessary. - The proposed \"Technical\" amendments are also intended to remove ambiguities and include more detailed descriptions of existing prohibitions in order to enhance public clarity and legal enforceability. - These proposed amendments do not include any new or enhanced regulation or penalties. Committee(s): - Environment and Safety Committee - July 25, 2023 - 3-0 to move forward to Council, with adjustments to define ordinance distance prohibitions at 10 feet, as well as other recommendations which will be analyzed and brought back to Council at a later date. Fiscal Impact: - None.","c":"Public Safety","mo":"individual","mv":"Smith","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"contested vote","sq":24},{"d":"2023-08-22","mt":"regular","id":"VI-D","ref":"ORD 5034","it":"ordinance","t":"Ordinance amending Sections 10-82 and 10-85 of the City Code to clarify the application and scope of subsection 10-85(2) of the City Code","desc":"Background: - By Ordinance number 4390, passed on July 27th, 2021, City Council adopted a set of comprehensive revisions to its ordinances regulating noise within the City. - A minor feature of the revised Noise Ordinance, contained at Section 10-85(2) of the City Code, prohibited the use of amplified sound in the immediate vicinity of schools and medical providers. - The constitutionality of Section 10-85(2) of the City Code has been challenged in federal court by an individual who contends it violates his First Amendment rights to protest outside of a reproductive healthcare provider within the City. - The District Court for the Western District of North Carolina has found that several aspects of the City's noise ordinance are ambiguous and could be more narrowly tailored. - The amendments to the City's Noise Ordinance proposed here would not modify any of the substantive standards contained therein, but would clarify the existing standards under the Noise Ordinance. Fiscal Impact: - None.","c":"Public Safety","mo":"individual","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":25},{"d":"2023-08-22","mt":"regular","id":"VI-E-1","ref":"RES 23-201","it":"appointment","t":"Reappointment of Kimberly Levi to the Planning & Zoning Commission, term to expire August 14, 2026","desc":"Background: - The terms of Joe Archinbald, Kimberly Levi and Robert Frances Hoke, as members of the Planning & Zoning Commission, will expire on August 14, 2023. In addition, Kelsey Simmons has resigned, thus leaving an unexpired term until August 14, 2024. - The Committee recommended Council hold one or two seats open and re-advertise in order to reach a more diverse applicant pool.","c":"Boards & Appointments","mo":"individual","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"appointment/reappointment","sq":26},{"d":"2023-08-22","mt":"regular","id":"VI-E-2","ref":"RES 23-201","it":"appointment","t":"Appointment of Susan Bean to the Planning & Zoning Commission to fill the unexpired term of Kelsey Simmons, term to expire August 14, 2024","desc":"Background: - The following individuals applied for the vacancy: Paul Zay, Scott Lewandowski, Trent Hall, Susan Bean, David Moritz, Bryon Greiner and Andrew Fletcher. Mr. Hall withdrew his name from consideration. - Paul Tay received no votes; Scott Lewandowski received no votes; Susan Bean received 4 votes; David Moriz received no votes; Byron Greiner received 2 votes; and Andrew Fletcher received 1 vote. - After a brief discussion, it was the consensus of Council to hold two positions open and re-advertise. - they will still be considered for the seats when those appointments are made in October.","c":"Boards & Appointments","mo":"other","mv":"","sec":"","r":"passed","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":1,"mr":"contested vote","sq":27},{"d":"2023-08-22","mt":"regular","id":"VII-closed-in","ref":"","it":"motion","t":"Motion to go into closed session to prevent disclosure of privileged and confidential information and to consider the qualifications, competence, performance or conditions of appointment of an individual public officer or employee","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":28},{"d":"2023-08-22","mt":"regular","id":"VII-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OL5AjdIeFHTQS2zYsn4t2y0NRWtRkrZf/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":29},{"d":"2023-09-12","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the agenda briefing worksession and formal meeting","desc":"Grace Barron spoke in opposition to the ordinance amendment regarding solicitation.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":2},{"d":"2023-09-12","mt":"regular","id":"B","ref":"RES 23-202","it":"resolution","t":"Resolution authorizing the City Manager (consent item)","desc":"Background: - The Water Resources Department requires after hours, weekend, and holiday answering  services. - The service must also be able to interpret and dispatch incoming calls to the proper  emergency responder (i.e. Meter Service or Maintenance Calls). - On June 1, 2023, Water Resources posted RFP298-AnsweringSvcFY23. - Water Resources received six responsive proposals. - Staff scored the proposals using a city approved matrix and selected Daupler as the highest-rated proposal. - The initial contract amount will be $90,000 with a total not to exceed contract amount of $150,000 for the five year term.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - A HUB search was also conducted. - One MWBE vendor responded but their proposal was non-responsive. - The selected vendor will self-perform all services.  Committee(s): - None  Pro(s): - Adoption of this Resolution will provide continuous, 24/7 responsive services to the  community.  Con(s): - N/A  Fiscal Impact: - Funding for the first year of this contract is available in the Water Resources Department  operating budget. - Future years will be planned for during the annual budget development process.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":3},{"d":"2023-09-12","mt":"regular","id":"C","ref":"RES 23-203","it":"resolution","t":"Resolution authorizing the City Manager (consent item)","desc":"Background: - This project is part of the Water Resources Department’s ongoing Capital Improvement  Program and will assess the condition of one of the City’s High Hazard dams. - The objectives include assessing the seismic risk and potential impacts to the safety of  the dam, identifying conditions at the site which merit future rehabilitation or repair, and the installation of monitoring equipment that will assist engineers and staff in the maintenance of the dam.  Vendor Outreach Efforts: - Through a qualifications based selection process beginning in November of 2021 the City  of Asheville selected Schnabel Engineering South to provide on-call professional services for Dam Inspections and Improvements Projects. - The City of Asheville entered into a master agreement with Schnabel Engineering South on April 5, 2022 for on-call professional services for Earthen Dams and Related Asset projects valid for three years with the option to renew for two additional years. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Dam Inspections and Improvement Projects was the best method to deliver this project and Schabel Engineering South was specifically qualified to provide the required engineering services. - If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement. - No other vendor outreach was performed.  Committee(s): - None.  Pro(s): - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system through Capital Improvement Projects. - The project will help provide safe and reliable service to our consumers. - Schnabel Engineering South has successfully provided engineering services for other  water system improvement projects. - Their experience with the department’s earthen dams and expertise in dam construction  and improvement projects will lead to a successful project with lesser negative impacts to customers and the City’s water system.  Con(s): - Failure to award an engineering services contract would prevent the Water Resources  Department from completing the water system capital improvement project in a timely manner.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water  Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":4},{"d":"2023-09-12","mt":"regular","id":"D","ref":"RES 23-204","it":"resolution","t":"Resolution authorizing the City Manager (consent item)","desc":"Background: - In August 2013, City Council approved a resolution authorizing a multi-year agreement  with Reem’s Creek Fire Department for automatic aid service. - The City of Asheville has a need to strengthen its standard of response and cover in the  Beaverdam Valley and the Reem’s Creek Fire Department is the most appropriate organization to provide the service. - The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index. - After 10 years of positive consumer price index increases, the renewal for Fiscal Year (FY) 2023-24 services cost and are budgeted at $110,081.83. - The term of the renewal agreement will end June 30, 2024.  Vendor Outreach Efforts: - No other vendors are able to provide this service. - There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to  provide this service.  Committee(s): - None  Pro(s): - Allows the standard of cover to be met greater than 90% of the time.  Con(s): - Increasing cost to maintain existing level of service.  Fiscal Impact: - Funding for this agreement is available in the Fire Department’s operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":5},{"d":"2023-09-12","mt":"regular","id":"E","ref":"RES 23-205 / ORD 5035","it":"resolution","t":"Resolution to accept grant funds and related budget amendment from the North Carolina program","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":6},{"d":"2023-09-12","mt":"regular","id":"F","ref":"RES 23-206","it":"resolution","t":"Resolution of intent to permanently close and set a public hearing for October 10, 2023","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a  negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - 9999 Hazel Mill Rd, LLC, Owner, petitioned for this closure to develop a five story multi-family dwelling with 23-30 units. - The unopened right-of-way is a triangle-shaped area located along the west edge of Craven Street. - The closure does not impede any future transportation connections nor does it conflict with any utility access.  Committee(s): - Technical Review Committee, July 17, 2023, unanimously recommended approval. - Multimodal Transportation Commission, August 23, 2023, unanimously recommended  approval.  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.  Con(s): - None.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":7},{"d":"2023-09-12","mt":"regular","id":"G","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. statute","desc":"Background: - Buncombe County currently bills and collects City property taxes. - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for July 2023 are provided to City Council.    Pro(s):  - Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.  Con(s): - None  Fiscal Impact:  - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":8},{"d":"2023-09-12","mt":"regular","id":"H","ref":"RES 23-207","it":"resolution","t":"Resolution amending the 2023 City Council meeting schedule","desc":"Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":9},{"d":"2023-09-12","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to conditionally zone 1 Oak Street - continued to September 26, 2023","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 1 Oak Street from Central Business District to Central Business Expansion/Conditional Zone for the purpose of approving a conceptual master plan for the development of several multi-story buildings consisting of residential, hotel, retail and office uses. This public hearing was advertised on August 11 and 18, 2023. On August 22, 2023, this public hearing was continued to this date.  Project Location and Contacts: - The project site totals 10.5 acres (PINs 9649-51-0876, 9649-51-5764, and 9649-51-7393) - Owners: First Baptist Church of Asheville, YMCA of Asheville  Summary of Petition: Review Process - The project will be reviewed as a conceptual master plan and follow the typical  conditional zoning process for projects located in the CBD, as prescribed in UDO Sec. 7-5-9.1. - Specific design details, building heights, number of residential units, and square footage of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies. - Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases through Final TRC Review. - Each project phase would not need to return to City Council for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process. - Each project phase would require review and approval by the Design Review Committee, as well as ministerial site plan review and approval by the Planning & Zoning Commission.  Project Site - The project site consists of three properties totalling 10.5 acres. - The site is bound by Charlotte St to the east, College St to the south, Oak/Woodfin St to  the southwest, Central Ave to the west, and the I-240 east offramp to the north. - The site currently consists of the following uses: - YMCA of Asheville on the northern parcel (30 Woodfin St) - First Baptist Church of Asheville on the middle parcel (5 Oak St) - State Employees Credit Union (SECU) building on the southern parcel (1 Oak  St). - Large surface parking lots are located around and between these existing uses. - The site is currently zoned Central Business District (CBD). - Given the size of the project (over 100,000 s.f.) a conditional zoning to the Central  Business District Expansion - Conditional Zone (CBD-EXP) district is required. - The site is designated “Downtown\" on the city’s Future Land Use (FLU) Map. A change  in the FLU designation will not be required. - The project site is located outside of the Traditional Downtown Core. - The southern parcel at 1 Oak St where SECU is located is within the Hotel Overlay  District allowing small and large hotels. - The subject property is located within both the Intermediate Height Zone and Tallest  Height Zone. The Intermediate Height Zone covers the majority of the middle parcel at 5 Oak St where the First Baptist Church is located and allows for maximum building heights of 145’. The Tallest Height Zone covers the northern and southern parcels on either side of the First Baptist Church and allows for a maximum height of 265’. - Oak/Woodfin St, Charlotte St, and College St are identified as Key Pedestrian Streets. - The First Baptist Church is identified as an Existing Visual Landmark. Overall Project Proposal - New building construction includes a total of five new buildings totaling approximately  1,120,000 s.f. including approximately 400-650 residential units, 133,000-250,000 s.f. of office, 75,000 - 120,000 s.f. of commercial, 165-300 hotel lodging guestrooms, and 60,000-75,000 s.f. of YMCA space. - Other site improvements include a seven-level parking garage with approximately 800 spaces and an eight-level parking garage with approximately 900 spaces, as well as new interior roadways, sidewalks, surface parking, and on-street parking. - The proposed building heights and uses for each building is as follows: - Building 1: 6 stories tall with YMCA space, residential, and retail. - Building 2: 20 stories tall with hotel/lodging. - Building 3: 6 stories tall with office and commercial. - Building 4: 19 stories tall with residential and commercial. - Building 5: 6 stories tall with residential and commercial.  Site Layout and Design - There are no density, structure size, impervious surface, lot size, or lot width  requirements in the CBD. - Minimum and maximum front yard setbacks in the CBD district are 0’, with exceptions made for buildings that front on sidewalks and other urban streetscape amenities. - The project is seeking a technical modification for front yard setbacks. - A stepback of a minimum 10’ in depth is required at the street wall height along at least  two-thirds of the length of the street-side façade. The requirement only applies along rights-of-way less than 75’ wide, and therefore only Building 4 on Central Ave is required to provide this stepback. - The project is seeking a technical modification for no stepback for Building 4 along Central Ave. - For buildings taller than 75’, a side step-back that equals one-half of the width of the façade above 75’ is required. - The project is seeking a technical modification for required step-backs for buildings taller than 75’. - The maximum horizontal wall dimension in any direction is limited to 145’ for additional floors above 75’ in height. - The project is seeking a technical modification for maximum horizontal wall dimensions for floors above 75’ in height, but not to exceed the following: - Building 1: 250’ - Building 2: 260’ - Building 3: 260’ - Building 4: 300’ - Building 5: 260’ - The building frontages along Oak/Woodfin St, which are designated as a Key Pedestrian Street, are required to cover 80% of the property’s frontage. - The project is seeking a technical modification for the minimum 80% frontage coverage requirement.  Landscaping and Open Space - Landscape requirements are minimal and limited to street trees, and street buffers. - Tree Canopy Preservation requirements are required. - The site is located in the “Downtown” Resource Management District and the project is  classified as “Class A.” Tree Canopy Preservation requirements vary based on the existing tree canopy preserved, and can be met through on-site preservation, new plantings, or payment of fee-in-lieu.  Access, Sidewalks and Parking - Access to the site is provided by a series of curb cuts and internal roadways, including a  roadway/driveway connection between Charlotte St and Woodfin St. - Sidewalks exist with varying widths along all street frontages of the site. New sidewalks  are proposed along all street frontages at widths wider than the required 10’-wide minimum. - Off-street bike facilities (“cycletracks”) are proposed at a minimum width of 5’-wide along Charlotte and College Streets. - Off-street parking is not required in the CBD, except for lodging uses with a minimum of 1 space per 2 bedrooms, plus additional spaces as required for other uses within the hotel, and a maximum of 1 space per 1 bedroom, plus additional spaces as required for other uses within the hotel/motel. - The project is proposing a maximum of 2,000 parking spaces with the majority located in parking garages. - Parking garages placed on a Key Pedestrian Street shall provide a full habitable story and use along the street-side facade with a minimum depth of 15 feet and an average minimum depth of 20 feet, or shall comply with the design and operation standards for openings and design organization requirements for new construction. - Charlotte and College Streets are served by bus transit. There is a bus stop on College St near the corner of Oak St with a minimal bus shelter, as well as a bus stop on Charlotte St near the corner of the I-240 east off ramp with no shelter. - The project proposes to improve both of these transit stops into bus shelters, to be designed based on standard City specifications.  Project Conditions - Affordable housing is proposed as part of the project: - A minimum of 20% of the residential units provided in Phase 1 will be designated affordable to those earning at or below 80% of Area Median Income (AMI) for a minimum of 20 years. - A minimum of 20% of the residential units provided in Phase 2 will be designated affordable to those earning at or below 80% Area Median Income (AMI) for a minimum of 20 years. - The project proposes ground-floor commercial/retail uses in substantial conformance with that demonstrated on the site plan drawings, including a minimum of 50-75% (excluding vehicular access areas) on the public street-facing, ground-floor facade for each building. Vehicle access and service area are excluded from the total. - The project will preserve trees identified for preservation on the master site plan drawings that are deemed healthy by the City arborist and shall protect trees during construction as per UDO Sec. 7-11-3(c)(2). If any designated trees are damaged or lost as a result of construction activities associated with the Project, the Project will replace them with the same or similar species in the same place, or other location within the Project area determined by the City arborist. - The Project shall meet stormwater requirements found in Sec. 7-12-2(f). The maximum pre-development runoff coefficient value/curve number to be applied shall be calculated according to existing survey conditions at the time of Conditional Zoning adoption. The Project shall utilize green stormwater infrastructure devices including rain gardens, green roofs, bioswales, pervious surfaces, underground detention equipment, etc. to manage stormwater quality treatment for a minimum of 20% of the Project’s requirements. - A Traffic Impact Analysis (TIA) will be required through the NCDOT process. The Project shall implement any recommendations identified through the TIA review process. In addition, the TIA will include the following: - Analysis and mitigation of any access points to the Project that are shown to negatively impact adjacent intersections. - Consideration of freight and service delivery access to minimize impacts to adjacent roadways. - Consideration of a Transportation Demand Management (TDM) and parking management plan to discourage single-occupancy vehicle usage. - Evaluation of improvements to the pedestrian connectivity network, including the consideration of new crosswalks as necessary.  Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including: - Front yard building setbacks greater than 0’ to allow for an enhanced public  realm and streetscape. - No building stepback at the streetwall height along Central Ave where a 10’  stepback across two-thirds of the facade would otherwise be required. - Maximum horizontal wall dimensions in excess of the standard maximum linear  distance of 145’ for floors above 75’ in height, but not to exceed the following: - Building 1: 250' - Building 2: 260' - Building 3: 260'  - Building 4: 300' - Building 5: 260'  - No side stepbacks for the facade above 75 feet, instead of the required side stepback equal to one-half of the facade width.  - The Project will not have to comply with the minimum building coverage of 80% along the frontage line for the primary Key Pedestrian Street frontage of Oak/Woodfin St.  - No separate storefronts for the hotel building, where 50% of the street-facing facades would be required to be a separate, occupiable storefront with a separate entrance, and have a minimum depth of 15’ and average minimum depth of 20’.  - No full habitable story and use along the street-side facade for the parking garage fronting on Charlotte St and associated with the hotel use, where this would otherwise be required at a minimum depth of 20’.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted growth areas.  - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.  - Increase Access to Safe Bicycling - by expanding bicycle facilities and removing gaps in the city’s bicycle network. - The proposed development is compatible with the Future Land Use designation of “Downtown”, which is proposed in part, that: - “Downtown continues to expand with new development and revitalization opportunities along the edges of the downtown core and via infill development.” - “Downtown is also an important residential area and it benefits from having year-round full time residents. Opportunities for growing this sector of the downtown population through new development is important for the future including market rate and affordable residential housing.“ - “Downtown represents a version of Asheville’s sustainable and resilient future as a place to live, work, relax and visit among a vibrant and engaging urban environment. With its rising popularity and recognition, management of its public spaces is paramount to ensure the downtown continues to be a desirable place for those that live in and visit Asheville.” - Downtown is also the hub of the city transit system and in support of this, pedestrian and bicycle facilities should be a priority for getting into and around the downtown area. Toward this end, further enhancement of traditional and green infrastructure, such as sidewalks, stormwater, tree canopy, public spaces, broadband and multimodal connectivity should be prioritized and supported by sound urban design and placemaking principles.”  Compatibility Analysis: - The proposed mixed-use project is generally compatible with the surrounding land uses,  including: - The existing Four Points hotel located to the west of the project site across  Central Ave, which has received approval for a large addition and site improvement.  - The surface parking, TD bank building, office building, and First Congregational Church located to the southwest of the project site across Oak/Woodfin St.  - The Hilton Garden Inn located to the south of the project site across College St. - The office and institutional uses located to the east of the project site across  Charlotte St. - The East End Valley Street neighborhood to the southeast which is buffered from  the project by topography and vegetation.  Committee(s): - Technical Review Committee (TRC) - March 6, 2023 - Approved with conditions. - Design Review Committee (DRC) - Informal review on March 23, 2023. - Multimodal Transportation Commission (MMTC) - Informal review on April 26, 2023. - Downtown Commission (DTC) - Informal review on May 12, 2023. - Design Review Committee (DRC) - May 18, 2023 - The project was formally reviewed by  the DRC on May 18, 2023, where the project was approved with the following conditions: 1) That the proposed architectural precedence include a broad range of architectural styles and contextual responses; 2) That the proposed design exceed the UDO requirements for minimum sidewalk widths, where appropriate and as shown in the conceptual master plan documents; 3) That the project prioritize greenwater stormwater infrastructure over conventional underground stormwater detention, at-grade and at rooftops; 4) That the project protect as many trees as practical and that any future plantings exceed the size and number as required in the UDO; 5) That the project considers the buildings’ pedestrian scale, articulation and engagement along Central Ave, College St, and Charlotte St; 6) That the applicant develop a relationship with the East End Valley neighborhood, and other neighborhoods as appropriate, to mitigate construction impacts and help building community capacity; 7) In the event that the property line and existing intersection at Charlotte and College Streets is modified, that the project has the ability to better activate and engage with that corner of the site; 8) That the project’s request for a modification to the streetwall stepback be granted upon judicious use of building articulation and streetwall activation, on a per building basis; and, 9) That the project utilize their property to enhance the public realm with elements such as wider sidewalks and bike lanes, as applicable with the conceptual master plan. - Review by the Planning & Zoning Commission (PZC) - July 19, 2023 - Continued to the August 2, 2023 meeting. - Review by the Planning & Zoning Commission (PZC) - August 2, 2023 - Approved (Vote 4:0) with the following condition: That the applicant work with staff to amend the Exhibit E - Project Condition #3 regarding the review criteria of future phases by the Design Review Committee, as necessary.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the concept site plan, approx. 1.1M s.f.; Residential: 400 - 650 units; Community/Recreational: 60,000 - 75,000 s.f.; Office: 133,000 - 250,000 s.f.; Commercial: 75,000 - 120,000 s.f.; Hotel: 165 - 300 guestrooms; and Parking: Maximum 2,000 spaces. The following are the building specifications - Building 1: 6 stories tall with YMCA space, residential, and retail; Building 2: 20 stories tall with hotel/lodging; Building 3: 6 stories tall with office and commercial; Building 4: 19 stories tall with residential and commercial; and Building 5: 6 stories tall with residential and commercial. He described the Phase 1 and Phase 2 development phasing. The concept plan for Phase 1 is Residential: 100 - 200 units; Commercial: 6,000 - 14,000 s.f.; Hotel: 165 - 300 guestrooms; and Community/Recreational: 60,000 - 75,000 s.f. The concept plan for  Phase 2 is: Phase 2 Residential: 300 - 450 units; Office: 125,000 - 225,000 s.f.; and Commercial: 30,000 - 90,000 s.f. Regarding the review process, (1) The project will be reviewed as a conceptual master plan and follow the typical conditional zoning process for projects located in the CBD, as prescribed in UDO Sec. 7-5-9.1; (2) Specific design details, building heights, number of residential units, and square footage of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies; (3) Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases through Final TRC Review; (4) Each project phase would not need to return to City Council for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process; (5) Each project phase would require review and approval by the Design Review Committee, as well as ministerial site plan review and approval by the Planning & Zoning Commission; and (6) DRC review, as proposed, would be limited to design and appearance and would not: “not reduce the height, square footage, or mass of any structure, or materially affect any requirements, specifications, building stepback, setbacks, density or siting within the overall context established by the conditional zoning ordinance, without the consent of the developer.” Regarding transportation, (1) Sidewalks exist with varying widths along all street frontages of the site. New sidewalks are proposed along all street frontages at widths wider than the required 10’-wide minimum: Charlotte St: 11’-wide sidewalk with tree grates; College St: 14’-wide sidewalk with tree grates, 8’-wide bus stop; Oak/Woodfin St: 15’-wide sidewalk with 7’-wide planting strip; and Central Ave: 20’-wide sidewalk with tree grates; (2) Sidewalks internal to the Project and not within the public right of way shall be a minimum of 10’ in width; (3) Off-street bike facilities (“cycletracks”) are proposed at a minimum width of 5’-wide (6’-wide typical) along Charlotte and College Streets; and (4) Charlotte and College Streets are served by bus transit. There is a bus stop on College St near the corner of Oak St with a minimal bus shelter, as well as a bus stop on Charlotte St near the corner of the I-240 east off ramp with no shelter - The project proposes to improve both of these transit stops into bus shelters, to be designed based on standard City specifications. He then explained the project conditions as follows: (1) A minimum of 20% of residential units in both Phase 1 and Phase 2 to be designated affordable to those earning at or below 80% AMI - For Phase 2, 20% of these affordable units will accept HACA Housing Choice vouchers if it does not include Low Income Housing Tax Credit (LIHTC) units; (2) The project proposes ground-floor commercial/retail uses in substantial conformance with that demonstrated on the site plan drawings, including a minimum of 50-75% (excluding vehicular access areas) on the public street-facing, ground-floor facade for each building; (3) The project will preserve trees identified for preservation on the master site plan drawings that are deemed healthy by the City arborist and shall protect trees during construction as per UDO Sec. 7-11-3(c)(2). If any designated trees are damaged or lost as a result of construction activities associated with the Project, the Project will replace them with the same or similar species in the same place, or other location within the Project area determined by the City arborist; and (4) The Project shall meet stormwater requirements found in Sec. 7-12-2(f). The maximum pre-development runoff coefficient value/curve number to be applied shall be calculated according to existing survey conditions at the time of Conditional Zoning adoption. Project shall utilize green stormwater infrastructure devices including rain gardens, green roofs, bioswales, pervious surfaces, underground detention equipment, etc. to manage stormwater quality treatment for a minimum of 20% of the Project’s requirements. Technical modifications for the Central Business District Form Code are: (1) Front yard building setbacks greater than 0’ to allow for an enhanced public realm and streetscape; (2) No building stepback at the streetwall height along Central Ave where a 10’ stepback across two-thirds of the facade would otherwise be required; (3) Maximum horizontal wall dimensions in excess of the standard maximum linear distance of 145’ for floors above 75’ in height, but not to exceed the following: Building 1: 250'; Building 2: 240'; Building 3: 260'; Building 4: 280'; and Building 5: 240'; (4) No side stepbacks for the facade above 75 feet, instead of the required side stepback equal to one-half of the facade width; and (5) The Project will not have to comply with the minimum building coverage of 80% along the frontage line for the primary Key Pedestrian Street frontage of Oak/Woodfin St.  Technical modifications for the hotel overlay are: (1) No separate storefronts for the hotel building, where 50% of the street-facing facades would be required to be a separate, occupiable storefront with a separate entrance, and have a minimum depth of 15’ and average minimum depth of 20’; and (2) No full habitable story and use along the street-side facade for the parking garage fronting on Charlotte St and associated with the hotel use, where this would otherwise be required at a minimum depth of 20’. He then explained how the project was consistent with the Living Asheville Comprehensive Plan; and how the project proceeded through the review process of the Technical Review Committee, Design Review Committee, Multimodal Transportation Committee, Downtown Commission, Design Review Committee again, and the Planning & Zoning Commission, which were approved with conditions. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  Steve Navarro, President and CEO of The Furman Co.; Robert Poppleton, Vice President at The Furman Co.; Rev. Mack Dennis of First Baptist Church of Asheville, and Paul Vest, President & CEO of the YMCA of Western North Carolina all spoke about the vision of First Baptist Church and the YMCA, describing their need for expanded programs for our community.  There was considerable discussion amongst City Council, Mr. Palmquist and Mr. Navarro and Mr. Poppleton. Discussion consisted of whether the bottom floor of the hotel will be activated; will Phase 1 accept vouchers; justification for the 2,000 parking spaces and how was that number determined; concern over the height of the 20 story hotel and 19 story residential and commercial building with a suggested 15-story maximum on those buildings; prohibition of short-term rentals unless prohibited by state law; internal bike lane; given the nature of a phased development proposal, the developer shall maintain an ongoing dialogue in collaboration with the surrounding community throughout the development process consistent with the process and agreements made to date with the East End neighborhood; agreement to no gated communities; if the developer was unable to complete all phases and/or residential, would the developer revert back to some type of community benefits table; and ped/bike pathway internal to the project; will public parking be available in the parking deck.  Councilwoman Roney said that “Our Council rules do not allow me to vote while attending remotely, but I want to share my position for transparency and accountability then pose a question. Through this process, I was contacted by a representative of the development team that asked me to consider this for a unanimous vote. When voting, I have two choices, yes or no. This binary does not reflect the complex reality of issues our community faces or the path to healing and repair we desire from the history of harmful, racist zoning practices. There is a tale of two Ashevilles, one where outside investors, and owning class neighbors benefit from our extractive tourism industry, and another where working, poor, renters and households vulnerable to gentrification are displaced by unchecked tourism while our ecosystem and infrastructure are burdened. Regarding Project Aspire, I agree with this sentiment at our agenda briefing on Thursday that we’re not yet ready to make the decision on Conditional Zoning to ensure success of this transformational project. More time is needed to address land use impact concerns identified by the adjacent East End/Valley Street neighborhood. When the hotel overlay map passed in 2021, I did not vote to approve it because of concerns including land use that surrounds some of our historic Black neighborhoods of East End/Valley Street and Southside at every entrance with lodging/hotel use–we would not do that to other neighborhoods in the City. Another issue is that this project does not have to comply with the benefits table because it is too large. I’m grateful to hear community input tonight and remain hopeful that the development team that includes First Baptist Church and the YMCA can meet at this moment to respond to concerns and find solutions. I appreciate the health and childcare facilities, and appreciate commitment to address my concern that this won’t be a gated community. As proposed and as a precedent moving forward, I would not vote to approve the hotel use, and my question is: is the development team willing to pause and come back once neighborhood concerns are addressed?”  Councilwoman Roney, Councilwoman Turner and Councilwoman Ullman requested additional time to review the project, along with a firm list of project conditions agreed upon by both parties. Mr. Navarro said that they do want Council’s support for this project, and if more time is needed, they would be willing to delay for two weeks.  When Councilwoman Roney suggested public comment be allowed by those present at the meeting because the public might raise some concerns that are not apparent, Mayor Manheimer said that if the public hearing is continued, public comment should be taken at that time.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Smith","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":10},{"d":"2023-09-12","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider a conditional zoning at 4 Grandview Place, 2 Grandview Place and 1177 Tunnel Road - continued to September 26, 2023","desc":"At the request of the applicant,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2023-09-12","mt":"regular","id":"V-A","ref":"ORD 5033","it":"ordinance","t":"Second and final reading of an ordinance amending Sections 11-4 and 11-15 of the Code of Ordinances relating to solicitation","desc":"Mayor Manheimer said that public comment was taken on the first reading of this ordinance on August 22, 2023, so there will be no additional comment taken.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Administrative","mo":"individual","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":12},{"d":"2023-09-12","mt":"regular","id":"VI-A1","ref":"RES 23-208","it":"resolution","t":"Resolution authorizing the City Manager to utilize ARPA funding for short term shelters and enter into agreements to preserve and create high-access shelter beds","desc":"","c":"Community Programs","mo":"individual","mv":"Ullman","sec":"Smith","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2023-09-12","mt":"regular","id":"VI-A2","ref":"ORD 5036","it":"ordinance","t":"Budget amendment regarding short term shelters","desc":"Homeless Strategy Division Manager Emily Ball said that this is consideration of adoption of a resolution authorizing the City Manager to utilize City of Asheville American Rescue Plan Act (ARPA) funding for short term shelters; enter into an interlocal agreement with Buncombe County to administer their ARPA funding for the project; enter into service agreements with Salvation Army, Safe Shelter, and Haywood Street Congregation to preserve 45 existing and create 43 new high-access shelter beds; and approve the associated budget amendment.  Background: - In January 2023, the National Alliance to End Homelessness (NAEH) recommended  adding 95 high-access beds to the community’s shelter inventory to respond to the increase in unsheltered homelessness. - The Homeless Initiative Advisory Committee (HIAC) initiated a Shelter Work Group to develop a strategy to produce the additional recommended shelter beds. Through a competitive bidding process that included specific outreach to existing shelters, the Shelter Work Group identified three service providers who are collectively prepared to add 43 new shelter beds in alignment with NAEH recommendations: Salvation Army (20), Safe Shelter (20), and Haywood Street Congregation (3). - The Shelter Work Group also identified a need to preserve 45 beds at risk of closure at the Salvation Army due to the end of federal CARES Act funding. - HIAC has submitted a request to the City of Asheville and Buncombe County to a) make available a collective $1,750,000 to fund these 43 new beds and 45 continuing beds for a period of 15 months, and b) participate in a taskforce to plan a new high-access shelter. - At their September 5, 2023 meeting, Buncombe County Commissioners authorized $875,000 in ARPA funding for the 43 new beds and 45 continuing beds and authorized an interlocal agreement to provide those funds to the City to administer through contracts with shelter providers. - As part of the American Rescue Plan Act that was signed into law in March 2021, the City of Asheville was allocated $26,293,853 million designated as Coronavirus State and Local Fiscal Recovery Funds. - The City currently has an unallocated ARPA balance of $1,376,384. In alignment with the continued commitment to implement NAEH recommendations, staff is recommending that the City Council match the County’s contribution and authorize up to $875,000 of its remaining ARPA funding for the 43 new high-access shelter beds and 45 continuing beds. - For administrative efficiency and to streamline the contracting process, staff also recommend approval of an interlocal agreement with Buncombe County for the City to serve as the primary contract administrator with shelter providers and manage reporting requirements for the City’s and County’s short-term shelter ARPA contributions, totaling $1,750,000 ($875,000 from each organization).  Committee(s): - This funding request was initiated by the Homeless Initiative Advisory Committee (HIAC)  as part of their implementation of the recommendation from the National Alliance to End  Homelessness to add 95 shelter beds in the Continuum of Care. HIAC’s Shelter Work Group identified these three shelter providers through their competitive bidding process focused on shelter expansion within the community’s existing provider network. - On July 27, 2023, HIAC unanimously approved the Shelter Work Group’s recommendations to a) approve these 3 providers and 43 new beds and 45 continuing beds, b) seek funding for this initiative from the City and County, and c) begin a planning process focused on building a new shelter site to secure additional beds long term.  Pro(s): - Provides immediate capacity expansion to meet a critical shelter need. - ARPA local government funding is a unique opportunity to make significant investments  in addressing disparate impacts of the COVID-19 pandemic and to build future resilience of our communities in an equitable way. - At every stage of this process, the City of Asheville has focused on ensuring successful outcomes, from initial selection of categories to ongoing performance management and partnership. - The use of ARPA funds for short-term shelter funding is aligned with one of the primary focuses of ARPA funds. - Allows the City to focus on partnerships in the community, along with capacity building, support and networking to build a more collaborative approach to addressing unsheltered homelessness.  Con(s): - A funding source has not been identified to sustain operations past the initial 15-month  period.  Fiscal Impact: - The City’s $875,000 contribution to this project would be funded using unprogrammed  ARPA funding. If approved, $501,384 of the City’s $26,293,853 million ARPA allocation would remain available for other uses.  Ms. Ball said the key takeaways from her presentation are (1) Unsheltered homelessness has increased significantly during the pandemic. Based on a comprehensive needs assessment, the National Alliance to End Homelessness recommended adding 95 shelter beds to meet the need; (2) Our community’s planning body, the Homeless Initiative Advisory Committee (HIAC), has identified 3 shelter providers who can collectively add a total of 43 new beds; (3) HIAC has asked the City and County for a combined $1,750,000 to fund this initiative; (4) Buncombe County has authorized $875,000 to fund this effort; (5) Beds would be available this fall, and would complement upcoming permanent supportive housing developments and Code Purple to meaningfully expand community capacity to respond to unsheltered homelessness; and (6) Staff are recommending that $875,000 in City ARPA funds be allocated to match Buncombe County funding for this initiative.  She said the short-term emergency shelter expansion is (1) Unsheltered homelessness has increased significantly during the pandemic; (2) In January 2023, the National Alliance to End Homelessness recommended adding 95 high-access beds to the community’s shelter inventory to respond to the increase in unsheltered homelessness.; (3) The Homeless Initiative Advisory Committee (HIAC) initiated a Shelter Work Group to develop a strategy to produce the recommended beds. Through a Request for Partnership, the work group identified 3 shelter providers able to add capacity - Haywood Street Respite: 3 beds; Safe Shelter: 20 beds; and Salvation Army: 20 beds; (4) The Shelter Work Group also identified a need to preserve 45 beds at risk of closure at the Salvation Army due to the end of federal CARES Act funding; (5) HIAC submitted a request to the City of Asheville and Buncombe County to: (a) Provide $1,750,000 in funding to add 43 beds and preserve 45 beds; and (b) Participate in a taskforce to plan a new,  permanent high-access shelter; (6) At their September 5, 2023 meeting, Buncombe County Commissioners authorized (a) $875,000 in ARPA funding for these beds; and (b) An interlocal agreement to provide those funds to the City to administer through contracts with shelter providers; (7) The City of Asheville received $26,293,853 in ARPA funding and has an unallocated balance of $1,376,384; and (8) In alignment with continued commitment to implement NAEH recommendations, staff is recommending that City Council match the County’s contribution and authorize: (a) Up to $875,000 in remaining ARPA funding to add 43 beds and preserve 45 beds; and (b) An interlocal agreement to receive and administer the County’s matching funds for this initiative.  In response to Councilwoman Roney, City Attorney Branham said that the funding source for this contract is proposed to come from the ARPA funds. Because of that it falls under the contractual provision requirements as established by the federal government, which includes a specific provision regulating and prohibiting discriminatory activities as part of the contract. So there will be a non-discrimination provision included in this and every other ARPA contract. In addition, the City will also cite the City’s non-discrimination ordinance as a binding effect on this contract as well. Ms. Ball also noted that all three entities are aware of that provision and feel confident they can comply.  Nina Tovish spoke in support of these actions and wondered if the City might pilot a program to see what happens if you just give cash to people and let them find their own housing.  Michael Reardon, Associate Rector at Grace Episcopal Church, expressed his gratitude for the City to provide these funds for this needed purpose.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and ordinance and they would not be read.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Smith","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2023-09-12","mt":"special","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2023-09-12","mt":"special","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/12s13UbE7EFpRkgBBPZTMmw4wHwChnbyZ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2023-09-26","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the agenda briefing worksession held on September 7, 2023, and the formal meeting held on September 12, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-09-26","mt":"regular","id":"II-B","ref":"RES 23-209","it":"resolution","t":"Resolution authorizing the City Manager to execute a multi-year agreement with Paymentus for the Water Resources Department interactive voice response payment acceptance and electronic billing and payments system","desc":"Background: - Customers can currently pay utility bills via interactive voice response (IVR), one time  online payment, auto pay, scheduled payments and pay by text. - Customers may also sign up for paperless billing online. - These options were initially implemented in 2018 by the Water Resources Department  (WRD) and have been successful. - The WRD desires to continue this service to meet the needs and expectations of  customers by offering user-friendly, up to date technology and flexible ways to view and pay their utility bills. - The current contract with Paymentus expires 9/13/2023. Services are scheduled to continue beyond the expiration date of the current contract. - WRD wishes to enter into a new contract that will begin retroactively on 9/14/2023.  Vendor Outreach Efforts: - On May 22, 2023 the WRD posted RFP #: 298-IVRRFPFY23. This was posted to the NC  IPS advertisement site, which includes HUB/Minority vendors. - In addition, the RFP was posted on the City’s website. - Following a review of proposals received via the RFP process, City Staff selected  Paymentus. - Paymentus was selected as the best product through a scoring process via a review  committee. - It is also the current vendor and will continue to offer services seamlessly for WRD  customers. - Paymentus is not a Minority or Women-owned Business Enterprise.  Committee(s): - None  Pro(s): - This agreement will continue to provide customers with interactive methods to pay their utility bills via phone, text, email, and web. - This product will integrate with our upcoming AMI customer portal which is currently in the implementation phase.  Con(s): - None  Fiscal Impact: - The annual cost of this service is estimated at $375,000 and includes both a service fee for credit/debit card transactions and a fee for electronic checks - Funding for this contract is available in the Water Resources Department operating budget. - Future years, including the cost of inflationary increases, will be planned for during the annual budget development process.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-09-26","mt":"regular","id":"II-C","ref":"RES 23-210","it":"resolution","t":"Resolution authorizing the City Manager to enter into a professional services supplemental agreement with Schnabel Engineering South","desc":"Background: - The original problem began when the 12” Utility Pipe was installed as part of the first  phase of the North Fork Spillway and Dam Improvement project. - The first phase was designed to stabilize the access tunnel under the North Fork Dam  and included the installation of a 48” steel line for access, a 12” steel drain, and the 12” PVC Utility Pipe to carry intake sample lines and electrical power. - These lines were encased within cellular concrete to further stabilize this site and to provide long term protection. - As the cellular concrete cured it produced significant heat and pressure, which deformed the PVC Utility Pipe. - This was discovered and the contractor used a bore to return the pipe to its original diameter. - After the 12” Utility Pipe was bored the original wall was breached to concrete which has allowed water to intrude. - Approximately 2 years ago, City of Asheville Water Production staff noticed a water leak from the 12” Utility Pipe in the North Fork Dam access tunnel. This leak increased over time and was transporting fine sediments from the internal dam outward. - Schnabel Engineering South P.C. was notified and visited the site to investigate the problem. This investigation ultimately required the use of a camera that could travel through the 12” utility pipe to document where the leaks were occurring and how serious these leaks were. - Leaks were noted at 267’ and 520” from the entrance of the utility pipe where the pipe had been damaged by the first contractor at the start of the North Fork Spillway and Dam Improvement project. - Schnabel Engineering and their subcontractor Goettle will install packers at both the upstream and downstream 12” Utility Pipe openings that will allow sample lines and electrical lines to pass through each opening. - Once the 12” Utility Pipe has been sealed, grout will be injected into the 12” Utility line under pressure. This grout will continue to be injected under pressure until the line is completely filled and the pressure inside the line is stabilized. - Goettle will monitor this pressure to make sure it is stable and allow the grout to dry. If the pressure doesn’t stabilize, Goettle will continue to inject grout until pressures are stable. This method will ensure that all voids within the 12”Utility Pipe have been filled.  Vendor Outreach Efforts: - This is a professional services agreement that utilizes the On Call Dam Engineer,  Schnabel Engineering South P.C.  Committee(s): - N/A  Pro(s): - A professional services agreement with Schnabel Engineering South P.C. will provide  high quality engineering services to design and conduct a successful 12” Utility Pipe repair project at the North Fork Water Treatment Plant. - Provides resilience and increased effectiveness for essential assets. - Ability to continue to treat and deliver drinking water to the COA customers.  Con(s): - None  Fiscal Impact: - Funding for this project ($232,300) is available in the Water Resources operating budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-09-26","mt":"regular","id":"II-D","ref":"RES 23-211","it":"resolution","t":"Resolution authorizing the City Manager to enter into a supplemental professional services agreement with Black & Veatch International Company for the rehabilitation of the North Fork and Bee Tree dams","desc":"Background: - The North Fork and William DeBruhl Water Treatment Plants are two of the City of  Asheville’s three water treatment plants. - Together these two plants provide 85% of the drinking water for the City of Asheville  water customers. - Together these two water treatment plants have 8 water purification filters that filter the  impurities from the water and make it safe for consumption. - These filters are between 30 to 47 years in age and are in need of rehabilitation including  the replacement of the filter underdrains, pipe penetrations, resurfacing and coating of the walls. - The filter media within these 8 filters has been in use since 2007 and has reached the end of life. - This media will need to be changed as part of the rehabilitation project to provide the added benefit of enhanced treatment. - The filter rehabilitation project is essential to the continued successful operation of both the North Fork and William DeBruhl WaterTreatment Plants and will ensure added life for these valuable assets.  Vendor Outreach Efforts: - This is a professional services agreement and was advertised through Request for  Qualifications. - City Staff selected Black & Veatch International Company. - Black & Veatch International Company is not a Minority or Women-owned Business  Enterprise  Committee(s): - None.  Pro(s): - A professional services agreement with Black & Veatch International Company will  provide high quality engineering services to design and conduct a successful filter rehabilitation project at the North Fork and William DeBruhl Water Treatment Plants. - Provides resilience and increased effectiveness for essential assets. - Ability to continue to treat and deliver drinking water to the COA customers.  Con(s): - None.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-09-26","mt":"regular","id":"II-E","ref":"RES 23-212","it":"resolution","t":"Resolution authorizing the City Manager or her assigns to approve the donation of Asheville Police Department surplus radios to the Woodfin Police Department","desc":"Background: - The radios have been removed from deadlined Asheville Police Department cars. - The radios are not compatible with the Asheville Police Department’s radio management  system. - Equipment to be donated consists of 14 Motorola APX Radios, at an estimated cost of  $300 each for a total of $4,200.  Committee(s): - None  Pro(s): - Build partnership with a local agency who has expressed a need for the radios.  Con(s): - None  Fiscal Impact: - While this equipment has nominal resale value as surplus property, this donation will  enhance the capacity of another local law enforcement agency to perform its duties. - Donated items are not compatible with other equipment utilized by the Asheville Police  Department.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-09-26","mt":"regular","id":"II-F","ref":"RES 23-213","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to the existing contract with Labor Finders for temporary staffing at Harrah's Cherokee Center","desc":"Background: - Temporary staff supplied by Labor Finders are utilized to support major events at the HCCA. - This service contract has been in place since February 2023 and expires in 2026. - The initial budget associated with this contract was set based on available funds inFiscal  year 2023. This request will add funds for fiscal year 2024. - The funds for this contract will be paid from the HCCA Enterprise Contracted Services  line item over three fiscal years, there is no requested change to the HCCA General Fund Support. - Due to current vacancies (seven positions totaling 70% of the operations crew), HCCA operations are heavily reliant on temporary staffing. - The total additional funding of $280,000 with a new not to exceed value of $360,000 will allow the HCCA to continue the contract with Labor Finders through the upcoming fiscal years as we continue to work towards a full staff of City Employees. - Staff anticipates use of $140,000 in FY24 while refilling numerous vacant positions, followed by approximately $70,000 in FY25 & 26 respectively as major event support. - When fully staffed, temporary staffing utilization will decrease to major events only, however will not be eliminated completely.  Vendor Outreach Efforts: - When initially contracted, staff followed the city’s Asheville Business Inclusion (ABI)  process and Labor Finders was selected. - They were the lowest, most responsive bidder; however, they are not minority owned.  Committee(s): - None  Pro(s): - Creates the ability to fully staff event related needs at the facility through the end of the  contract.  Con(s): - Temporary Staffing through agencies is more expensive than City employees.  Fiscal Impact: - Funding for this contract is available in the Harrah’s Cherokee Center - Asheville  operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-09-26","mt":"regular","id":"II-G","ref":"RES 23-214","it":"resolution","t":"Resolution authorizing the City Manager to sign and submit to the U.S. Dept. of Housing & Urban Development the City of Asheville's planning and homeless management information system grant","desc":"Background: - The U.S. Department of Housing and Urban Development (HUD) Continuum of Care  program provides federal resources to local communities for homeless and housing programs. - Communities access funding by applying together through a designated lead agency, called the Collaborative Applicant. - The City of Asheville is the Collaborative Applicant for the NC-501 Asheville-Buncombe Continuum of Care and is responsible for submitting the Consolidated Application to HUD, which consists of individual project applications submitted by local agencies and a narrative application describing the community’s collective efforts to end homelessness. - Each Continuum of Care has a designated Governance Board responsible for reviewing and ranking local project applications and making funding recommendations to HUD. - The Homeless Initiative Advisory Committee (HIAC) serves as the Governance Board for the NC-501 Asheville-Buncombe Continuum of Care. - The notice of funding opportunity was posted on the City’s website July 11, 2023 and distributed widely. - Project applications were received from Homeward Bound, Helpmate, and the City of Asheville. - Project applications were reviewed, scored, and ranked by the Funding Allocations Work Group of HIAC. - At its September 12, 2023 meeting, HIAC unanimously approved the Funding Allocations Work Group’s recommendation to submit project applications totalling $2,166,409 to HUD, as follows:  Rank Applicant Project Amount  1 Helpmate Housing Support for Domestic Violence Survivors (RRH)  $198,626  2 Helpmate DV Bonus: Housing Support for Domestic Violence Survivors 2 (RRH)  $86,883  3 Homeward Bound Bridge to Recovery (PSH) $433,473  4 Homeward Bound Shelter Plus Care (PSH) $447,472  5 Homeward Bound PSH 1 $297,458  6 City of Asheville HMIS $63,744  7 Homeward Bound PSH 5 $217,381  8 Homeward Bound PSH 2 $87,892  9 Homeward Bound PSH 3 $110,674  10 Homeward Bound CoC Bonus: Rapid Rehousing 1 $129,970  N/A City of Asheville Planning $92,836  Total $2,166,409 - The recommendation includes renewal funding of existing grants awarded to the City of Asheville to operate the Homeless Management Information System on behalf of the community ($63,744) and a non-competitive Planning Grant to fulfill its duties as Collaborative Applicant ($92,836).  Vendor Outreach Efforts: - N/A  Committee(s): - Homeless Initiative Advisory Committee - unanimously voted to approve the  Consolidated Application, including recommending specific funding amounts for each applicant, at its September 12, 2023 called meeting. - Housing & Community Development Committee - unanimously voted to recommend that City Council authorize the City Manager to sign and submit the City of Asheville’s Planning and Homeless Management Information System grant applications in the FY2023 Continuum of Care Competition and accept any funds awarded at its September 19, 2023 meeting.  Pro(s): - Renews federal resources for housing programs that help people exit homelessness - Supports Council priority on Houselessness Strategies  Con(s): - None noted  Fiscal Impact: - If awarded, the grant will fund $92,836 in planning costs for the City to fulfill its role as  CoC Lead and $63,744 to operate the Homeless Management Information System (HMIS). - Both grants are renewals of existing grants. - These grants would take effect January 1, 2025 and are budgeted as part of the annual  budget process.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-09-26","mt":"regular","id":"II-H","ref":"ORD 5037","it":"ordinance","t":"Ordinance amending Section 19-213 of the Code of Ordinances regarding the use of wheel locks and making the fee consistent with the Fees & Charges Manual","desc":"Background: - Section 19-213 currently lists a wheel lock removal fee as being $25. - However, the current City Council approved fee is $50. - This action would revise the ordinance so that the outdated fee amount is removed and  replaced with a reference to the current fee in the adopted City of Asheville Fees & Changes Manual. - The City of Asheville Fees & Charges Manual is the mechanism by which fees are established for the City. The Manual contains information for each fee and charge external to City operations. - As part of the budget development process, fees and recovery principles outlined in the Fees & Charges Manual are reviewed and updated as necessary. - Proposed revisions to the Fees & Charges Manual are generally presented to City Council for their consideration and approval as part of the annual budget development and approval process.  Vendor Outreach Efforts: - None - the recommended action is an Ordinance Amendment only.  Committee(s): - None  Pro(s): - This action will ensure that the ordinance links the fee to the City of Asheville Fees and  Charges Manual to ensure consistency going forward.  Con(s): - None  Fiscal Impact: - None","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-09-26","mt":"regular","id":"II-I","ref":"RES 23-215","it":"resolution","t":"Resolution authorizing the City Manager (project award)","desc":"Background: - This Swannanoa River Greenway Construction Project will install approximately one mile  of greenway along the Swannanoa River where no bicycle or pedestrian facilities currently exist. - Once completed, the constructed greenway will connect the one mile stretch along the Swannanoa River from Glendale Ave. to Bleachery Blvd. - The City of Asheville entered into a design contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area. - In June of 2020, a contract amendment with Equinox was issued for completing design, construction documents and permitting. - During this design process additional opportunities for improved bicycle and pedestrian access across the Bleachery Blvd. bridge were explored beyond the original design scope, and a design contract amendment was approved in January 2023 that included structural bridge design calculations, traffic signal timing, additional accessibility improvements and circulation design at the adjacent intersection and roundabout. - The project was originally advertised on August 17, 2023 but only received one bid. - Because a minimum of three bids are required, the bid was returned unopened. - The project was readvertised and the second bid opening was held on August 31, 2023. - One bid was received from Baker Grading and Landscaping, Inc. of Old Fort, NC. - The bid included pricing for the Greenway construction (including allowances) in the  amount of $2,860,536.80 and pricing for the Bleachery Blvd bridge improvements in the amount of $1,026,081.15 - Because the project budget will support awarding the greenway portion of the project, but not the Bleachery Blvd. improvements, staff is recommending that only the greenway portion of the construction bid be awarded. - The Bleachery bridge has existing accessible sidewalks on both sides and existing bicycle lanes which cross it in both directions of travel. - Construction is anticipated to span approximately one year.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Baker Grading and Landscaping, Inc. has committed to utilize Hickory Sealing & Striping, a woman owned business in Connelly Springs, NC for approximately $176,973.35, or 6.2% of the awarded contract amount.  Pro(s): - Increases access to the City’s growing inventory of greenways - Works towards defining Asheville as a recreation destination - The City of Asheville is being awarded through the Tourism Product Development Fund $2.3 million for construction costs.  Con(s): - Eventual construction will be disruptive to the area.  Fiscal Impact: - Funding for this contract, including a $2.3 million grant from the Buncombe County Tourism  Development Authority, was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-09-26","mt":"regular","id":"II-J","ref":"RES 23-216","it":"resolution","t":"Resolution authorizing the City Attorney's Office to condemn easements needed for the Swannanoa River Greenway project","desc":"Background: - This Swannanoa River Greenway Construction Project will install approximately one mile  of greenway along the Swannanoa River where no bicycle or pedestrian facilities currently exist. - The City of Asheville entered into a design contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area. - Construction bids for the greenway were received August 31, 2023. - All property owners were provided with offers of financial compensation for the needed  easements, based on assessed value or appraisals obtained from a North Carolina licensed appraiser. - Despite best efforts, the City has exhausted all opportunities to acquire the needed property rights through voluntary acquisition, therefore condemnation is necessary in order to protect the project schedule.  Committee(s): - None  Pro(s): - Will facilitate the completion of a needed greenway installation project and safeguard the  project schedule.  Con(s): - Will result in the commencement of eminent domain actions against eight properties.  Fiscal Impact: - The expected value of the needed easements is approximately $340,000. The appraisal  value for the needed easements on each parcel is as follows: 9658-32-2985: $139,900; 9658-23-0140, 9658-13-9185, 9658-23-1310, 9658-23-1153, 9658-12-7767 combined: $154,200; 9658-22-6896: $20,275; 9658-23-3003: $23,750 - Funding for these easements were previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-09-26","mt":"regular","id":"II-K","ref":"RES 23-217","it":"resolution","t":"Resolution authorizing the City Attorney's Office to condemn easements needed for the New Haw Creek Road sidewalk project","desc":"Background: - New Haw Creek Sidewalks are part of the 2016 Transportation Bond funded sidewalk  improvements. - The City of Asheville entered into a design contract with Mattern & Craig, Inc. in  November 2017 for the engineering and design for sidewalks along New Haw Creek Road. - This project will install a +/-1 mile of sidewalk along New Haw Creek Rd. from Beverly Rd. to Bell Rd., where no safe pedestrian facilities currently exist. - Bidding for construction of the sidewalk is anticipated to occur in late calendar year 2023. - All property owners were provided with offers of financial compensation for the needed  easements, based on assessed value or appraisals obtained from a North Carolina licensed appraiser. - Despite best efforts, the City has exhausted all opportunities to acquire the needed property rights through voluntary acquisition, therefore condemnation is necessary in order to protect the project schedule.  Committee(s): - None  Pro(s): - Will facilitate the completion of needed safe pedestrian improvements and safeguard the  sidewalk construction schedule.  Con(s): - Will result in the commencement of eminent domain actions against six properties.  Fiscal Impact: - The expected value of the needed easements is approximately $82,000. The appraisal  value for the needed easements on each parcel is as follows: 9658-89-3272: $12,426; 9658-88-1974: $20,274; 9659-91-0573: $21,475; 9659-91-2503:  $2,000; 9659-92-1190: $6,075; 9658-89-8193: $19,450. - Funding for these easements were previously budgeted and is available in the General  Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-09-26","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider conditionally zoning 115 Fairview Road (continued to December 12, 2023)","desc":"At the request of the applicant’s attorney,","c":"Administrative","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":0,"mr":"continuance","sq":11},{"d":"2023-09-26","mt":"regular","id":"IV-B","ref":"ORD 5038","it":"public_hearing","t":"Public hearing / ordinance to conditionally zone 4 Grandview Place, 2 Grandview Place and 1177 Tunnel Road to Commercial Business I/Conditional Zone","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 4 Grandview Place, 2 Grandview Place and 1177 Tunnel Road from RS-8 Residential Single Family High Density District and Community Business I District to Community Business 1/ Conditional Zone. This public hearing was advertised on September 1 and 8, 2023. On September 12, 2023, this public hearing was continued to this date.  Project Location and Contacts: - The project site totals 0.87 acres located at 4 Grandview Pl, 2 Grandview Pl, and 1177  Tunnel Rd (PINs 9648-09-4109, 9648-09-3101, and 9648-09-1095) - Owner: Pegasus Holdings LLC, Applicant: Eugene W. Ellison  Summary of Petition: Project Site - The project site consists of three properties totaling 0.87 acres located at 4 Grandview Pl,  2 Grandview Pl, and 1177 Tunnel Rd. - The properties are currently zoned Residential Single-Family High Density (RS-8) and  Community Business I (CB-I). - The zoning of abutting and nearby properties include Community Business I (CBI) to the  north along Tunnel Rd, Residential Single-Family High Density (RS-8) to the south, and Highway Business (HB) to the west and east along Tunnel Rd. - The Living Asheville Comprehensive Plan designates the Future Land Use of the project site as “Urban Corridor” and “Residential Neighborhood”. - The project sites consist of an existing restaurant use: the East Village Grille, a surface parking lot, and vacant property across the three parcels.  Overall Project Proposal - The petitioner seeks a rezoning of the parcel at 4 Grandview Pl from from Residential  Single-Family High Density (RS-8) to Community Business I - Conditional Zone (CBI - CZ) in order to construct additional parking to support the existing commercial use (East Village Grille) on the parcel to the north. Surface parking is not an allowed principal use within the RS-8 zoning district. - The parcels at 2 Grandview Pl and 1177 Tunnel Rd are not proposed for any change of  use and are included in the proposed rezoning in order to fulfill the ADA accessible parking space and bicycle parking requirements for the proposed surface parking lot at 4 Grandview Pl. - The proposed Community Business I - Condition Zone (CBI-CZ) would allow for more diverse uses unless limited. Such uses allowed in the CBI zone include duplex, multi-family, and a wide range of impactful commercial uses that are not compatible with the surrounding single-family development. - Project conditions that limit uses to a surface parking lot for the exclusive use of adjacent parcels and only to future uses that are permitted in the RS-8 district support a legislative finding that the conditional zoning is consistent with the Comprehensive Plan. - As part of stormwater compliance, the applicant has considered adjacent common development parcels (1177 Tunnel Road and 2 Grandview Place) in order to assure required management of stormwater impacts.  Access, Sidewalks and Parking - The project proposal includes detailed plans for a single-loaded 11 space parking lot.  Spots face to the north - toward the adjacent parking lot and East Village Grille. - Access to the site is shown via a single access point onto Grandview Place, a  City-maintained street. - There are no sidewalks existing or proposed. - The aisle and surface of the parking location is to be constructed with pervious pavers.  Landscaping - A 30’ landscape buffer is shown along the eastern and southern boundary of the parcel. - Required street tree and street buffer plantings further screen the lot. - Landscaping species selection and location should maximize reduction in noise and  light-wash from vehicles entering and leaving the site given the nature of the restaurant use and the hours of operation.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed rezoning supports the following goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted growth areas.  - Enhance Parking Management Strategies - by considering zoning strategies that locate surface parking areas to the rear of buildings in identified innovation districts and along transit-supportive corridors.  - Promote Small and Independent Business, Entrepreneurship and the Maker Economy - by supporting small business growth and a local maker-based economy. - The proposed rezoning is partially compatible with the Future Land Use designation of “Residential Neighborhood” which describes areas “Mainly consisting of single family housing, the types of housing in residential neighborhoods generally offer little variation of building types throughout the neighborhood, such as a townhomes, duplexes or an apartment complex.”  - Staff recommends against amending the Future Land Use map because the “Residential Neighborhood” designation of the property serves as a constraint on the future use of the parcel beyond just a parking lot serving specific abutting uses and properties. Wider and more intense commercial uses located adjacent to the neighborhood may not be appropriate in the future on this site.  Compatibility Analysis: - The proposed surface parking lot is compatible with the surrounding land uses, including: - Commercial uses located along Route 70/Tunnel Road and parking on the parcel  immediately to the north of the site. - Single-family residential neighborhoods located to the south, east and west of the  project site.  Committee(s): - Technical Review Committee (TRC) - July 17, 2023 - approved with conditions. - Planning and Zoning Commission - August 2, 2023 - approved 4-0.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, for 4 Grandview Place, (1) The site is undeveloped in its current state; 92) Surface parking is not an allowed use in the RS-8 district; (3) Parking as a use would be linked to the related properties and not stand alone; (4) All landscaping and 30’ buffer requirements have been met; (5) Parking lot construction is entirely made of pervious pavement; (6) 2 Grandview Place is an existing parking lot serving the East Village Grille; and (7) 1170 Tunnel Road is the site of East Village Grille and shows new bicycle parking and accessible spaces. The conditions are: (1) The use of parking on 4 Grandview Place property zoned Community Business I - Conditional Zone (CBI - CZ) is limited to surface parking to serve uses on the properties subject to the conditional zoning (2 Grandview Place & 1177 Tunnel Road). Other uses permitted on 4 Grandview Place are limited to permitted uses in the RS-8 district; and (2) Uses permitted on 2 Grandview Place & 1177 Tunnel Road are as permitted in the Community Business I district. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said with the proposed project conditions that limit uses to a surface parking lot exclusive to the use of the adjacent parcels and future uses restricted to those permitted in the RS-8 district, staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning with the Exhibit E - Project Conditions.  In response to Councilwoman Roney, Mr. Mitchell explained how this helps with our sustainability goals. Mr. Mitchell also noted that because of the merging of all three parcels, there is additional Americans with Disabilities compliance and bicycle infrastructure on the front parcel.  Mayor Manheimer opened the public hearing at 5:34 p.m., and when no one spoke, she closed the public hearing at 5:34 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2023-09-26","mt":"regular","id":"IV-C","ref":"ORD 5039","it":"public_hearing","t":"Public hearing / ordinance to conditionally zone 1 Oak Street from Central Business District to Central Business Expansion District/Conditional Zone","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 1 Oak Street from Central Business District to Central Business Expansion/Conditional Zone for the purpose of approving a conceptual master plan for the development of several multi-story buildings consisting of residential, hotel, retail and office uses. This public hearing was advertised on August 11 and 18, 2023. On August 22, 2023, this public hearing was continued to September 12, 2023. On September 12, 2023, this public hearing was continued to this date.  Staff Report:  “Project Location and Contacts: - The project site totals 10.5 acres (PINs 9649-51-0876, 9649-51-5764, and 9649-51-7393) - Owners: First Baptist Church of Asheville, YMCA of Asheville  Project Conditions: - Affordable housing is proposed as part of the project: - A minimum of 20% of the residential units provided in Phase 1 will be designated affordable to those earning at or below 80% of Area Median Income (AMI) for a minimum of 20 years. - A minimum of 20% of the residential units provided in Phase 2 will be designated affordable to those earning at or below 80% Area Median Income (AMI) for a minimum of 20 years. - 50% of all affordable housing units will be reserved HACA Housing Choice Vouchers, unless said vouchers are not available. - The project proposes ground-floor commercial/retail uses in substantial conformance with that demonstrated on the site plan drawings, including a minimum of 50-75% (excluding vehicular access areas) on the public street-facing, ground-floor facade for each building. Vehicle access and service area are excluded from the total. - The project will preserve trees identified for preservation on the master site plan drawings that are deemed healthy by the City arborist and shall protect trees during construction as per UDO Sec. 7-11-3(c)(2). If any designated trees are damaged or lost as a result of construction activities associated with the Project, the Project will replace them with the same or similar species in the same place, or other location within the Project area determined by the City arborist. - The Project shall meet stormwater requirements found in Sec. 7-12-2(f). The maximum pre-development runoff coefficient value/curve number to be applied shall be calculated according to existing survey conditions at the time of Conditional Zoning adoption. The Project shall utilize green stormwater infrastructure devices including rain gardens, green roofs, bioswales, pervious surfaces, underground detention equipment, etc. to manage stormwater quality treatment for a minimum of 20% of the Project’s requirements. - A Traffic Impact Analysis (TIA) will be required through the NCDOT process. The Project shall implement any recommendations identified through the TIA review process. In addition, the TIA will include the following: - Analysis and mitigation of any access points to the Project that are shown to negatively impact adjacent intersections. - Consideration of freight and service delivery access to minimize impacts to adjacent roadways. - Consideration of a Transportation Demand Management (TDM) and parking management plan to discourage single-occupancy vehicle usage. - Evaluation of improvements to the pedestrian connectivity network, including the consideration of new crosswalks as necessary.  Project Conditions added/amended since 9/12/23 Council hearing - 50% of all affordable housing units will be reserved HACA Housing Choice Vouchers,  unless said vouchers are not available. - In the event that the minimum required affordable housing is not provided in Phases 1  and 2 of the development, the Project will contribute $6,000 per constructed hotel guestroom to the Affordable Housing Trust Fund, the Reparations Fund, or the Community Land Trust. - The Project will not include any short-term vacation rentals, unless the regulation of such use is prohibited by NC State law, or unless such use is allowed by the City of Asheville. - The Project will not use any gates or other barriers that permanently restrict access, unless as needed for access to parking garages. - Given the nature of a phased development proposal, the developer shall maintain an ongoing dialogue and collaboration with the surrounding community throughout the development process including the process and agreements made to date with the East End neighborhood. - The Project will foster diversity and inclusion by creating meaningful connections to include hosting a Minority and Women-Owned Business Enterprise (MWBE) outreach program for connection with MWBE Vendors, connecting prime contractors with subcontractors, and providing project information to qualified MWBE participants in advance to help align opportunities. - 1,800 maximum off-street parking spaces. - The Project will provide electric vehicle charging stations in the proposed parking  garages.  Summary of Petition: Review Process - The project will be reviewed as a conceptual master plan and follow the typical  conditional zoning process for projects located in the CBD, as prescribed in UDO Sec. 7-5-9.1. - Specific design details, building heights, number of residential units, and square footage of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies. - Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases through Final TRC Review. - Each project phase would not need to return to City Council for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process. - Each project phase would require review and approval by the Design Review Committee, as well as ministerial site plan review and approval by the Planning & Zoning Commission.  Project Site - The project site consists of three properties totalling 10.5 acres. - The site is bound by Charlotte St to the east, College St to the south, Oak/Woodfin St to  the southwest, Central Ave to the west, and the I-240 east offramp to the north. - The site currently consists of the following uses: - YMCA of Asheville on the northern parcel (30 Woodfin St) - First Baptist Church of Asheville on the middle parcel (5 Oak St) - State Employees Credit Union (SECU) building on the southern parcel (1 Oak  St). - Large surface parking lots are located around and between these existing uses. - The site is currently zoned Central Business District (CBD). - Given the size of the project (over 100,000 s.f.) a conditional zoning to the Central  Business District Expansion - Conditional Zone (CBD-EXP) district is required. - The site is designated “Downtown\" on the city’s Future Land Use (FLU) Map. A change  in the FLU designation will not be required. - The project site is located outside of the Traditional Downtown Core. - The southern parcel at 1 Oak St where SECU is located is within the Hotel Overlay  District allowing small and large hotels. - The subject property is located within both the Intermediate Height Zone and Tallest  Height Zone. The Intermediate Height Zone covers the majority of the middle parcel at 5 Oak St where the First Baptist Church is located and allows for maximum building heights of 145’. The Tallest Height Zone covers the northern and southern parcels on either side of the First Baptist Church and allows for a maximum height of 265’. - Oak/Woodfin St, Charlotte St, and College St are identified as Key Pedestrian Streets. - The First Baptist Church is identified as an Existing Visual Landmark. Overall Project Proposal - New building construction includes a total of five new buildings totaling approximately  1,120,000 s.f. including approximately 400-650 residential units, 133,000-250,000 s.f. of office, 75,000 - 120,000 s.f. of commercial, 165-300 hotel lodging guestrooms, and 60,000-75,000 s.f. of YMCA space. - Other site improvements include a seven-level parking garage with approximately 800 spaces and an eight-level parking garage with approximately 900 spaces, as well as new interior roadways, sidewalks, surface parking, and on-street parking. - The proposed building heights and uses for each building is as follows: - Building 1: 6 stories tall with YMCA space, residential, and retail. - Building 2: 20 stories tall with hotel/lodging. - Building 3: 6 stories tall with office and commercial. - Building 4: 19 stories tall with residential and commercial. - Building 5: 6 stories tall with residential and commercial.  Site Layout and Design - There are no density, structure size, impervious surface, lot size, or lot width  requirements in the CBD. - Minimum and maximum front yard setbacks in the CBD district are 0’, with exceptions  made for buildings that front on sidewalks and other urban streetscape amenities. - The project is seeking a technical modification for front yard setbacks. - A stepback of a minimum 10’ in depth is required at the street wall height along at least two-thirds of the length of the street-side façade. The requirement only applies along rights-of-way less than 75’ wide, and therefore only Building 4 on Central Ave is required to provide this stepback. - The project is seeking a technical modification for no stepback for Building 4 along Central Ave. - For buildings taller than 75’, a side step-back that equals one-half of the width of the  façade above 75’ is required. - The project is seeking a technical modification for required step-backs for  buildings taller than 75’. - The maximum horizontal wall dimension in any direction is limited to 145’ for additional  floors above 75’ in height. - The project is seeking a technical modification for maximum horizontal wall  dimensions for floors above 75’ in height, but not to exceed the following: - Building 1: 250’ - Building 2: 260’ - Building 3: 260’ - Building 4: 300’ - Building 5: 260’ - The building frontages along Oak/Woodfin St, which are designated as a Key Pedestrian Street, are required to cover 80% of the property’s frontage. - The project is seeking a technical modification for the minimum 80% frontage coverage requirement.  Landscaping and Open Space - Landscape requirements are minimal and limited to street trees, and street buffers. - Tree Canopy Preservation requirements are required. - The site is located in the “Downtown” Resource Management District and the project is  classified as “Class A.” Tree Canopy Preservation requirements vary based on the existing tree canopy preserved, and can be met through on-site preservation, new plantings, or payment of fee-in-lieu.  Access, Sidewalks and Parking - Access to the site is provided by a series of curb cuts and internal roadways, including a  roadway/driveway connection between Charlotte St and Woodfin St. - Sidewalks exist with varying widths along all street frontages of the site. New sidewalks  are proposed along all street frontages at widths wider than the required 10’-wide minimum. - Off-street bike facilities (“cycletracks”) are proposed at a minimum width of 5’-wide along Charlotte and College Streets. - Off-street parking is not required in the CBD, except for lodging uses with a minimum of 1 space per 2 bedrooms, plus additional spaces as required for other uses within the hotel, and a maximum of 1 space per 1 bedroom, plus additional spaces as required for other uses within the hotel/motel. - The project is proposing a maximum of 1,800 parking spaces with the majority located in parking garages. - Parking garages placed on a Key Pedestrian Street shall provide a full habitable story and use along the street-side facade with a minimum depth of 15 feet and an average minimum depth of 20 feet, or shall comply with the design and operation standards for openings and design organization requirements for new construction. - Charlotte and College Streets are served by bus transit. There is a bus stop on College St near the corner of Oak St with a minimal bus shelter, as well as a bus stop on Charlotte St near the corner of the I-240 east off ramp with no shelter. - The project proposes to improve both of these transit stops into bus shelters, to be designed based on standard City specifications.  Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including: - Front yard building setbacks greater than 0’ to allow for an enhanced public  realm and streetscape. - No building stepback at the streetwall height along Central Ave where a 10’  stepback across two-thirds of the facade would otherwise be required. - Maximum horizontal wall dimensions in excess of the standard maximum linear  distance of 145’ for floors above 75’ in height, but not to exceed the following: - Building 1: 250' - Building 2: 260' - Building 3: 260' - Building 4: 300' - Building 5: 260'  - No side stepbacks for the facade above 75 feet, instead of the required side stepback equal to one-half of the facade width.  - The Project will not have to comply with the minimum building coverage of 80% along the frontage line for the primary Key Pedestrian Street frontage of Oak/Woodfin St.  - No separate storefronts for the hotel building, where 50% of the street-facing facades would be required to be a separate, occupiable storefront with a separate entrance, and have a minimum depth of 15’ and average minimum depth of 20’.  - No full habitable story and use along the street-side facade for the parking garage fronting on Charlotte St and associated with the hotel use, where this would otherwise be required at a minimum depth of 20’.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted growth areas.  - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.  - Increase Access to Safe Bicycling - by expanding bicycle facilities and removing gaps in the city’s bicycle network. - The proposed development is compatible with the Future Land Use designation of “Downtown”, which is proposed in part, that: - “Downtown continues to expand with new development and revitalization opportunities along the edges of the downtown core and via infill development.” - “Downtown is also an important residential area and it benefits from having year-round full time residents. Opportunities for growing this sector of the downtown population through new development is important for the future including market rate and affordable residential housing.“ - “Downtown represents a version of Asheville’s sustainable and resilient future as a place to live, work, relax and visit among a vibrant and engaging urban environment. With its rising popularity and recognition, management of its public spaces is paramount to ensure the downtown continues to be a desirable place for those that live in and visit Asheville.” - Downtown is also the hub of the city transit system and in support of this, pedestrian and bicycle facilities should be a priority for getting into and around the downtown area. Toward this end, further enhancement of traditional and green infrastructure, such as sidewalks, stormwater, tree canopy, public spaces, broadband and multimodal connectivity should be prioritized and supported by sound urban design and placemaking principles.”  Compatibility Analysis: - The proposed mixed-use project is generally compatible with the surrounding land uses, including:  - The existing Four Points hotel located to the west of the project site across Central Ave, which has received approval for a large addition and site improvement.  - The surface parking, TD bank building, office building, and First Congregational Church located to the southwest of the project site across Oak/Woodfin St.  - The Hilton Garden Inn located to the south of the project site across College St. - The office and institutional uses located to the east of the project site across  Charlotte St. - The East End Valley Street neighborhood to the southeast which is buffered from  the project by topography and vegetation.  Committee(s): - Technical Review Committee (TRC) - March 6, 2023 - Approved with conditions. - Design Review Committee (DRC) - Informal review on March 23, 2023. - Multimodal Transportation Commission (MMTC) - Informal review on April 26, 2023. - Downtown Commission (DTC) - Informal review on May 12, 2023. - Design Review Committee (DRC) - May 18, 2023 - The project was formally reviewed by  the DRC on May 18, 2023, where the project was approved with the following conditions: 1) That the proposed architectural precedence include a broad range of architectural styles and contextual responses; 2) That the proposed design exceed the UDO requirements for minimum sidewalk widths, where appropriate and as shown in the conceptual master plan documents; 3) That the project prioritize greenwater stormwater infrastructure over conventional underground stormwater detention, at-grade and at rooftops; 4) That the project protect as many trees as practical and that any future plantings exceed the size and number as required in the UDO; 5) That the project considers the buildings’ pedestrian scale, articulation and engagement along Central Ave, College St, and Charlotte St; 6) That the applicant develop a relationship with the East End Valley neighborhood, and other neighborhoods as appropriate, to mitigate construction impacts and help building community capacity; 7) In the event that the property line and existing intersection at Charlotte and College Streets is modified, that the project has the ability to better activate and engage with that corner of the site; 8) That the project’s request for a modification to the streetwall stepback be granted upon judicious use of building articulation and streetwall activation, on a per building basis; and, 9) That the project utilize their property to enhance the public realm with elements such as wider sidewalks and bike lanes, as applicable with the conceptual master plan. - Review by the Planning & Zoning Commission (PZC) - July 19, 2023 - Continued to the August 2, 2023 meeting. - Review by the Planning & Zoning Commission (PZC) - August 2, 2023 - Approved (Vote 4:0) with the following condition: That the applicant work with staff to amend the Exhibit E - Project Condition #3 regarding the review criteria of future phases by the Design Review Committee, as necessary.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.”  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the concept site plan, approx. 1.1M s.f.; Residential: 400 - 650 units;  Community/Recreational: 60,000 - 75,000 s.f.; Office: 133,000 - 250,000 s.f.; Commercial: 75,000 - 120,000 s.f.; Hotel: 165 - 300 guestrooms; and Parking: Maximum 1,800 spaces. Phase 1 of The concept plan for Phase 1 is Residential: 100 - 200 units; Commercial: 6,000 - 14,000 s.f.; Hotel: 165 - 300 guestrooms; and Community/Recreational: 60,000 - 75,000 s.f. The concept plan for Phase 2 is: Phase 2 Residential: 300 - 450 units; Office: 125,000 - 225,000 s.f.; and Commercial: 30,000 - 90,000 s.f. The following are the building specifications - Building 1: 6 stories tall with YMCA space, residential, and retail; Building 2: 20 stories tall with hotel/lodging; Building 3: 6 stories tall with office and commercial; Building 4: 19 stories tall with residential and commercial; and Building 5: 6 stories tall with residential and commercial. He then reviewed the height zone map of the Buncombe County Courthouse (17 stories - 230’ tall); the Arras Hotel (19 stories, 208’ in height; the Battery Park Hotel (14 stories - 155’ tall); and the Hotel Indigo (13 stories, 165’ tall, 144’ in height. He said the height is the vertical distance measured from a single point beginning at the primary pedestrian entrance to the surface level of the highest occupied floor.  He then explained the project conditions as follows: (1) A minimum of 20% of residential units in both Phase 1 and Phase 2 to be designated affordable to those earning at or below 80% AMI - 50% of all affordable housing units will be reserved HACA Housing Choice Vouchers; (2) The project proposes ground-floor commercial/retail uses in substantial conformance with that demonstrated on the site plan drawings, including a minimum of 50-75% (excluding vehicular access areas) on the public street-facing, ground-floor facade for each building; (3) The project will preserve trees identified for preservation on the master site plan drawings that are deemed healthy by the City arborist and shall protect trees during construction as per UDO Sec. 7-11-3(c)(2). If any designated trees are damaged or lost as a result of construction activities associated with the Project, the Project will replace them with the same or similar species in the same place, or other location within the Project area determined by the City arborist; and (4) The Project shall meet stormwater requirements found in Sec. 7-12-2(f). The maximum pre-development runoff coefficient value/curve number to be applied shall be calculated according to existing survey conditions at the time of Conditional Zoning adoption. Project shall utilize green stormwater infrastructure devices including rain gardens, green roofs, bioswales, pervious surfaces, underground detention equipment, etc. to manage stormwater quality treatment for a minimum of 20% of the Project’s requirements.  Regarding transportation, (1) Sidewalks exist with varying widths along all street frontages of the site. New sidewalks are proposed along all street frontages at widths wider than the required 10’-wide minimum: Charlotte St: 11’-wide sidewalk with tree grates; College St: 14’-wide sidewalk with tree grates, 8’-wide bus stop; Oak/Woodfin St: 15’-wide sidewalk with 7’-wide planting strip; and Central Ave: 20’-wide sidewalk with tree grates; (2) Sidewalks internal to the Project and not within the public right of way shall be a minimum of 10’ in width; (3) Off-street bike facilities (“cycletracks”) are proposed at a minimum width of 5’-wide (6’-wide typical) along Charlotte and College Streets; and (4) Charlotte and College Streets are served by bus transit. There is a bus stop on College St near the corner of Oak St with a minimal bus shelter, as well as a bus stop on Charlotte St near the corner of the I-240 east off ramp with no shelter - The project proposes to improve both of these transit stops into bus shelters, to be designed based on standard City specifications.  Mr. Palmquist said the project conditions added/amended since the September 12, 2023, Council meeting are (1) 50% of all affordable housing units will be reserved HACA Housing Choice Vouchers, unless said vouchers are not available; (2) In the event that the minimum required affordable housing is not provided in Phases 1 and 2 of the development, the Project will contribute $6,000 per constructed hotel guestroom to the Affordable Housing Trust Fund, the Reparations Fund, or the Community Land Trust - at the advise of the City Attorney, this condition was removed - Under our current Unified Development Ordinance, as well as North Carolina law, he does not believe inclusion of such a condition meets the legal criteria for inclusion as part of a  conditional rezoning; (3) The Project will not include any short-term vacation rentals, unless the regulation of such use is prohibited by NC State law, or unless such use is allowed by the City of Asheville; (4) The Project will not use any gates or other barriers that permanently restrict access, unless as needed for access to parking garages; (5) Given the nature of a phased development proposal, the developer shall maintain an ongoing dialogue and collaboration with the surrounding community throughout the development process including the process and agreements made to date with the East End neighborhood; (6) The Project will foster diversity and inclusion by creating meaningful connections to include hosting a Minority and Women-Owned Business Enterprise (MWBE) outreach program for connection with MWBE Vendors, connecting prime contractors with subcontractors, and providing project information to qualified MWBE participants in advance to help align opportunities; (7) 1,800 maximum off-street parking spaces; and (8) The Project will provide electric vehicle charging stations in the proposed parking garages. A revised condition regarding housing choice vouchers is that 50% of these affordable housing units will be reserved for HACA Housing Choice Vouchers, and voucher holders will receive priority as to the leasing of said units. To this end, developer will notify HACA of the actual or pending availability of eligible units on a monthly basis. If no voucher holder is able to commence tenancy when an eligible unit becomes available, that unit may be leased as an affordable unit, and the next available unit shall be reserved and marketed to a voucher holder under the same terms and conditions.  Regarding the review process, (1) The project will be reviewed as a conceptual master plan and follow the typical conditional zoning process for projects located in the CBD, as prescribed in UDO Sec. 7-5-9.1; (2) Specific design details, building heights, number of residential units, and square footage of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies; (3) Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases through Final TRC Review; (4) Each project phase would not need to return to City Council for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process; (5) Each project phase would require review and approval by the Design Review Committee, as well as ministerial site plan review and approval by the Planning & Zoning Commission; and (6) DRC review, as proposed, would be limited to design and appearance and would not: “not reduce the height, square footage, or mass of any structure, or materially affect any requirements, specifications, building stepback, setbacks, density or siting within the overall context established by the conditional zoning ordinance, without the consent of the developer.”  Technical modifications for the Central Business District Form Code are: (1) Front yard building setbacks greater than 0’ to allow for an enhanced public realm and streetscape; (2) No building stepback at the streetwall height along Central Ave where a 10’ stepback across two-thirds of the facade would otherwise be required; (3) Maximum horizontal wall dimensions in excess of the standard maximum linear distance of 145’ for floors above 75’ in height, but not to exceed the following: Building 1: 250'; Building 2: 240'; Building 3: 260'; Building 4: 280'; and Building 5: 240'; (4) No side stepbacks for the facade above 75 feet, instead of the required side stepback equal to one-half of the facade width; and (5) The Project will not have to comply with the minimum building coverage of 80% along the frontage line for the primary Key Pedestrian Street frontage of Oak/Woodfin St. Technical modifications for the hotel overlay are: (1) No separate storefronts for the hotel building, where 50% of the street-facing facades would be required to be a separate, occupiable storefront with a separate entrance, and have a minimum depth of 15’ and average minimum depth of 20’; and (2) No full habitable story and use along the street-side facade for the parking garage fronting on Charlotte St and associated with the hotel use, where this would otherwise be required at a minimum depth of 20’. He then explained how the project was consistent with the Living Asheville Comprehensive Plan; and how the project proceeded through the review process of the Technical Review Committee, Design Review  Committee, Multimodal Transportation Committee, Downtown Commission, Design Review Committee again, and the Planning & Zoning Commission, which were approved with conditions. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  In response to Councilwoman Mosley, Mr. Palmquist said that the condition did not change to reduce the height of the hotel.  Steve Navarro, President and CEO of The Furman Co.; and Jennifer Murphy, Chief Administrative Officer of the YMCA of Western North Carolina spoke about the new programs the YMCA will be able to offer and how they want to make sure they have a sustainable project with a positive impact on the City.  Councilwoman Mosley asked how the community could be assured that their input will be heeded from the beginning, since their request to reduce the height of the hotel has not happened. Mr. Navarro said that the track records of the YMCA and First Baptist Church show investment into the community and their interest in outreach over the last year. They met with the East End neighborhood and asked them for comments. They provided the community with a written document on what they would be willing to do and they will welcome their response when they are ready.  In response to Councilwoman Mosley, Mr. Navarro said that there will be space for an expanded conference center in the building, for meeting and office space.  Councilwoman Mosley said that when she hears people discuss how unaffordable it is now and how it was fine 20 years ago, she is able to draw a direct line from redlining to the lack of affordable housing today. It is because of those policies that she leans into Black Legacy Ashevillians. Even though we purport to be a progressive City, she said that she has never seen a time when people who purport to support racial equity, if they are part of the majority community, have ever deferred to the wishes of the minority or marginalized community if the desires of that marginalized community is under direct opposition to what the majority community wants.  Mayor Manheimer opened the public hearing at 6:14 p.m.  Nine individuals spoke against the conditional zoning of 1 Oak Street for several reasons, some being, but are not limited to: more should be done to include not only the East End community, but the entire the African American community in Asheville; height of the hotel is too tall; too much parking; area is already too congested; it will raise property taxes on the East End community; possible support for 2, 10-story hotels; and too much office space.  Twenty-nine individuals spoke in support of the conditional zoning of 1 Oak Street for several reasons, some being, but are not limited to: mixed-use development; affordable housing; more capacity at the YMCA to serve children and teens; tax benefits; full service health center at the YMCA; safe green space; and will lessen urban sprawl.  Mayor Manheimer closed the public hearing at 8:06 p.m.  Councilwoman Roney said “As my students and their families are here tonight, I feel deep accountability: does this part, the hotel use of the project leave people behind, does it help or harm the future, does it represent healing and a hopeful future for our youth? Since we’re talking about how and why we’re here: I’m a neighbor, a settler on this ancestral land of the Cherokee, and a modern gentrifier who moved here in 2006. My great-grandmother was born  down the street from this project in 1910 while my great great grandparents worked here with our Indigenous Cherokee neighbors. I share the same concerns in my ancestor’s writings from their work over a hundred years ago–concern about the high cost of tourism in displacing working, poor, and vulnerable people. I appreciate many of the aspirational goals in this transformational Project Aspire, health and wellness, childcare, and housing goals. It’s a lot of parking. I hope there’s awareness that bike lockers will be a great way to repurpose this space when this very expensive, structured parking isn’t fully utilized, and I don’t think we should consider future tax dollars to fund parking structures. At the end of the day, I have to vote yes or no, a binary that doesn’t reflect the complexity of life. This decision tonight is about conditional zoning for 1 Oak Plaza --Why? because of the choice not to build a smaller hotel that works within the hotel overlay map’s community benefits table this lot is eligible for. That said - an incomplete story was told about that overlay map, I did not vote to include this lot for the hotel overlay map because I did not think surrounding our historic Black neighborhoods of EEVS and Southside was appropriate, we wouldn’t do that to other neighborhoods. Climate, racial, and economic justice for EEVS is a personal and collective responsibility I take seriously. My questions about land use for 1 Oak Plaza, it’s about a 20 story hotel skipping the community benefits table - tonight I have to say no on this land use and hope the project will come back with an improved phase 1 that reflects the needs of the East End Valley Street.”  Councilwoman Smith listened to all the reasons to vote in favor of this project, but she also had to take into consideration the diminished quality of life for the East End community. She said she would support the project; however, if it’s feasible to reduce the height of the hotel, she would support that. The neighborhood has gone through years of trauma, so she urged the developers to make a concerted effort to reduce the height of the hotel.  Vice-Mayor Kilgore understood the concerns of the East End community and felt the one major concern is the height of the hotel. She said that our Code sets parameters and the developer is within those set by City Council. She said the hotel will make money; however, it takes money to operate a hotel of this size. She understood the community’s pain; but we can’t stop progress.  In response to Councilwoman Turner, City Attorney Branham said that the only way the Design Review Committee can expand its scope of review would be through an ordinance amendment.  Councilwoman Turner said that as a member of the Design Review Committee and a member of the Downtown Commission she would try to get reduced parking and a shorter building within the parameters of scope of her committees. She outlined all the additional conditions the developer and the City have agreed to. She said the City does need more housing and we are the economic hub for 5 counties. We want to ensure that growth is guided and where we put that growth matters. She felt that the downtown is the right place for a project like this.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Turner","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2023-09-26","mt":"regular","id":"VI-A","ref":"RES 23-218","it":"resolution","t":"Resolution to adopt the Pack Square Plaza Vision Plan (Reimagining Pack Square: A Vision Plan)","desc":"Planning & Urban Design Director Stephanie Dahl, said that this is the consideration of a resolution to adopt the Pack Square Plaza Vision Plan.  Background: - This initiative has its roots in the work of the Joint City-County Vance Monument Task  Force, and the resulting March 2021 City Council resolution to remove the Vance Monument. - Asheville City Council and the Buncombe County Commissioners contributed funding for a planning process to develop a vision for the future of the site. - On 6/14/2022 City Council authorized a contract with McAdams Company to lead the engagement process and assemble the Vision Plan. - The project kicked off in late summer 2023, included significant public engagement, and is now complete. - In June of 2023, the City was awarded a $3,000,000 grant from the Mellon Foundation’s Monuments Project to perform the following activities identified through the Pack Square Plaza Vision planning process: 1) design and engineering that advances the vision for a more inclusive Pack Square; 2) community organizing, community design, and construction that promotes the unique narrative of The Block; and 3) county-wide programming and education efforts that deepen storytelling and oral and video history efforts in our community. - Buncombe County staff will continue to partner on the grant- funded initiative by contributing staff time.  Plan Summary: - Overall, The Vision states that Pack Square Plaza in the future should: be more usable  and accessible; provide new experiences and amenities; be a place for sharing stories and addressing past harm; and better connect to The Block. - The Plan recommends: how to reuse the site of the former Vance Monument; how to use design and programming to make Pack Square Plaza more welcoming and inclusive in the future; how to consider public-private partnerships in the future; how to connect The Block and Pack Square Plaza; and the potential cost and phasing of projects suggested. - The Plan organizes community input into ten themes that can guide any future improvement projects: Equitable and Welcoming Places/Spaces; People Centered; Elevated, Supported, and Connected; Safe Environment; Authentic + Elevates Local Pride; Re-envisioning the Vance Monument; Healing and Addressing Past Harm; Telling the Stories; Prioritizing Pedestrians; and Maintenance and Operations. - The Plan provides ten design-based ideas for moving the community themes for improvement forward. - These ideas range from projects that can be easily implemented in the short term to items that would take significant additional planning and consideration over many years. - They are: - Improve or create new spaces in the plaza for civic engagement and expression,  storytelling, oral history, public art and a central gathering space;  https://publicinput.com/packsquare https://www.ashevillenc.gov/news/city-of-asheville-awarded-3-million-grant-to-implement-communitys-vision-in-and-around-pack-square-plaza/#:~:text=The%20City%20of%20Asheville%20will,Monuments%20Project%2C%20a%20philanthropic%20%E2%80%9C%E2%80%A6 https://www.ashevillenc.gov/news/city-of-asheville-awarded-3-million-grant-to-implement-communitys-vision-in-and-around-pack-square-plaza/#:~:text=The%20City%20of%20Asheville%20will,Monuments%20Project%2C%20a%20philanthropic%20%E2%80%9C%E2%80%A6 - Move the crosswalk near Patton Avenue and Broadway Street to improve pedestrian access to Pack Square Plaza; - Remove the base of the Vance Monument, subject to a ruling by the North Carolina Supreme Court; Redesign and activate the ground floor of the Biltmore Building which serves as the northern edge of the Plaza; - Reposition the elevated lawn on the eastern edge of the Plaza to create a meditation grove/space for healing and reflection; Close North Pack Square to vehicular traffic to increase the accessible space of the plaza for pedestrians; - Convert College Street from one-way to two-way traffic; - Redesign S. Market Street as an active cultural corridor to improve connections  to The Block; Improve wayfinding to The Block from Biltmore Avenue; and - Reimagine the long-term use of the Municipal Building. - The final Vision Plan contains edits to the originally released draft plan. - The changes derive from public input received and include corrections to maps,  elimination of redundant information, and minor text changes for clarity.  Plan Alignment and Consistency: - The Plan is consistent and aligns with all themes from Living Asheville, the City’s  Comprehensive Plan: - Livable Built Environment- The plan recommends continued investments in our  public realm to provide more sustainable places for living, working and recreating. - Resilient Economy- The plan recommends commercial activation of underused public space that can support increased economic health, foster business growth, and reliance on local assets. - Healthy Community- The plan recognizes that the public provision of parks and public space provides an important framework for public health. - Interwoven Equity- The plan recommends improvements that repair inaccessible or unwelcoming spaces and considers all groups in our community. - Harmony with the Natural Environment- The plan recommends the creation of a mediation grove where people’s mental health is supported through a direct connection with our natural resources. - Responsible Regionalism- The plan was developed using a regional context for design, programming, and maintenance needs and will be implemented under a partnership with Buncombe County. - The Plan aligns with and supports five of the seven Downtown Master Plan themes: - Sustain Downtown’s dynamic culture and economy - Enhance Downtown’s role as a center of community - Preserve and Enhance Diverse Architecture, historic resources, public realm and  view corridors that create downtown’s unique legacy - Provide good, interconnected transportation choices for better access and for  better health - Make downtown a national model of sustainable development and operations at  every level.  Committee(s): - Planning and Economic Development Committee of City Council: 8/14/2023 voted 2-0 to recommend City Council hear presentation of plan on 9/12/2023 and consider adoption of plan on 9/26/2023 - Downtown Commission: 8/26/2023 Voted 9-0 to recommend Council adopt the plan - Planning and Zoning Commission: 9/14/2023 - voted 7-0 to move to City Council - City Council heard a presentation on this on 9/12/23  Pro(s): - Provides recommendations for future investments - Adoption of the plan will strengthen the ability to receive grant or partner funding in the  future.  Con(s): - None  Fiscal Impact: - While Council adoption of this plan requires no additional City resources, implementing  the recommendations requires significant capital and operating investments over time. - Staff will work to assess City funding capacity and identify other funding opportunities  (beyond the existing Mellon Foundation grant) to implement the plan as part of annual budget development processes.  In response to Councilwoman Mosley, City Manager Campbell said that she would look into a comment made about taking South Charlotte Street from five lanes to three lanes with bike lanes.  When Mayor Manheimer asked for public comments, none were received.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Transportation","mo":"individual","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13njFSBrJxzFDH9qtRcCtZvvdFEG-0I0I/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":14},{"d":"2023-10-10","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the agenda briefing worksession held on September 21, 2023, and the formal meeting held on September 26, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-10-10","mt":"regular","id":"II-B","ref":"ORD 5040 / ORD 5041","it":"ordinance","t":"Ordinances amending the Code of Ordinances for a more inclusive membership of the Asheville Area Riverfront Redevelopment Commission and to change the name of the commission to the Asheville-Buncombe Riverfront Commission","desc":"","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-10-10","mt":"regular","id":"II-C","ref":"ORD 5042","it":"ordinance","t":"Ordinance amending the Human Relations Commission of Asheville regarding membership","desc":"Background: - The HRCA was established by Ordinance No. 4663 in July of 2018. - At the January 10, 2023 City Council meeting, Council voted unanimously to reduce the  total membership of the HRCA from 15 to 9 members, including allowing up to 3 members who reside in Buncombe County outside of the City. - These proposed amendments reflect needed updates to the City’s current local ordinance which establishes the HRCA in order to come into compliance with recent Federal Court decisions. - Following recent Supreme Court cases involving the admissions practices at the University of Harvard and the University of North Carolina, public institutions must examine the language involving any racial preferences. - In order to remain compliant with existing Federal law, an amendment to the City’s existing HRCA ordinance is necessary. - The proposed amendment only alters one portion of the existing ordinance pertaining to membership characteristics. - The recommended changes represent technical changes to the commission membership makeup by clarifying that equal opportunity to serve shall be given to individuals or classes which have been historically disadvantaged, however no racial characteristics will be a requirement of membership. - The amendment will also clarify that membership decisions do not violate constitutional protections.  Vendor Outreach Efforts: - Not Applicable  Committee(s): - Human Relations Commission of Asheville - Sept. 21, 2023 - Voted 5-0 to recommend  amendment - City Council Boards and Commissions Committee - Oct. 10, 2023  Pro(s): - Brings existing City ordinances into compliance with recent U.S. Supreme Court  decisions and guarantees equal access and membership opportunities for historically disadvantaged groups.  Con(s): - None  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-10-10","mt":"regular","id":"II-D","ref":"ORD 5043","it":"ordinance","t":"Ordinance to amend Ordinance No. 4370 prohibiting discriminatory practices in private employment and public accommodations to include additional language regarding discrimination protections for natural hair and hairstyles (Asheville CROWN Act)","desc":"Background: - On March 16, 2023, the Human Relations Commission of Asheville (HRCA) voted 8-0 to  recommend that the Asheville City Council adopt a local ordinance modeled after a State bill (NC CROWN Act) to be known as the “Asheville CROWN Act” which is intended to protect from discrimination based on natural hair and hairstyles. - There is a pre-existing Non-Discrimination Ordinance (NDO; Ordinance No. 4370) which the Asheville City Council adopted in April 2021 to prohibit discriminatory practices in private employment and public accommodations, including discrimination based on natural hair or hairstyle. - On August 15, 2023, staff presented the HRCA’s recommendation to the Equity & Engagement Council Committee. Given the pre-existing NDO which already includes language around hair, staff recommended revising the existing NDO to include additional language from the HRCA’s recommendation regarding hair texture and examples of protected hairstyles. - The recommendation as proposed would incorporate language from the NC CROWN Act, which does not currently exist in the City’s NDO. - On August 15, 2023, the Equity & Engagement Committee voted 2-0 to recommend the Asheville City Council amend the pre-existing NDO with the recommended additional language. - On August 15, 2023, the Equity and Inclusion staff reached out to Buncombe County’s Equity and Human Rights Office in regards to amending their non-discrimination ordinance and they currently are considering next steps.  Committee(s): - Human Relations Commission of Asheville - March 16, 2023 - Voted unanimously (8-0) to  recommend that the Asheville City Council adopt the Asheville CROWN Act. - Equity & Engagement Council Committee - August 15, 2023 - voted unanimously (2-0) to  recommend revising the existing Non-Discrimination Ordinance \"to include the proposed additional language regarding hair texture and examples of protected hairstyles\" and for staff to outreach to Buncombe County to consider also amending the County non-discrimination ordinance with similar language.  Pro(s): - This amendment provides additional language to the existing NDO to add specificity to  the current protections afforded to natural hair and hairstyles.  Con(s): - None noted.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-10-10","mt":"regular","id":"II-E","ref":"RES 23-219","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Cinderella Partners Inc. for the parking garage immediate priority capital repairs project","desc":"Background: - The City engaged a consultant to perform an assessment of the City-operated parking  garages. - During the consultant’s field investigation they identified critical repairs that require  immediate attention at the Wall Street, Rankin Avenue, and Harrah’s Cherokee Center garages. - The work includes supplemental support for structural concrete corbels at the Rankin and Wall Street garages; supplemental steel framing support at the Wall Street elevator landing; and supplemental steel support for two stairwells in the Harrah’s Cherokee Center garage. - A bid alternate was included in the bid for a surcharge to perform the work after hours (Sunday through Thursday from 8pm to 5am). - This alternate was included as a means to limit disruption to parking services and the impact to parking revenues during the day and on weekends. - Submissions for Bid 298-CP24-PGCR.1A-BID were received September 18, 2023. One bid was submitted: - Cinderella Partners, Inc. of Indian Trail, NC in the amount of $267,001.02 base bid; and $12,938.17 Bid Alternate #1. - Cinderella Partners’ bid was responsive and responsible, and the bid is 10% under the engineer’s estimate.  Vendor Outreach Efforts: - Staff performed outreach to minority businesses through solicitation processes using the  State’s Interactive Purchasing System, direct communications inviting minority businesses to bid, and requiring prime contractors to reach out to Minority-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Prime contractors were required to submit documentation of their minority outreach efforts and results in their bid submittals. - Cinderella Partners, Inc. is a woman-owned business. Their minority outreach documentation was included in the bid submission. - No MWBE subcontractors submitted bids with this prime contractor.  Committee(s): - None  Pro(s): - The repairs performed under this contract will reduce the potential for injury and property  damage, and will improve the overall safety of patrons and visitors at the Wall Street, Rankin Avenue and Harrah’s Cherokee Center parking garages.  Con(s): - Some parking spaces in the area of the repairs will be out of service during the  construction, potentially reducing revenues. - The work will be moderately disruptive and inconvenient for parking garage patrons. - Disruption to parking services can have an impact to nearby businesses  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Parking  Services Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-10-10","mt":"regular","id":"IV-A","ref":"RES 23-220","it":"public_hearing","t":"Public hearing to close an excess right-of-way adjacent to 100 Craven Street; resolution to permanently close an unopened right-of-way between Sulphur Springs Road and Lane Avenue","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close an excess right-of-way adjacent to 100 Craven Street. This public hearing was advertised on September 15, 22, 29 and October 6, 2023.  Background: - City Council passed a resolution on September 12, 2023 to set a public hearing for the  proposed right-of-way closure on October 10, 2023. - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a  negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - 9999 Hazel Mill Rd, LLC, Owner, petitioned for this closure to develop a five story multi-family dwelling with 23-30 units. - The unopened right-of-way is a triangle-shaped area located along the west edge of Craven Street. - The closure does not impede any future transportation connections, including future connections for multimodal infrastructure, nor does it conflict with any utility access. - Signs were placed at two locations along Craven Street announcing the public hearing and potential closure.  Committee(s): - Technical Review Committee - July 17, 2023 - Recommended approval - Multimodal Transportation Commission - August 23, 2023 - Unanimous approval  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.  Con(s): - None.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.  Ms. Morriss said that 9999 Hazel Mill Road, LLC, Owner, has petitioned for this closure to develop a five story multi-family dwelling with 23-30 units. The unopened right-of-way is a triangle-shaped area located along the west edge of Craven Street. The closure does not impede any future transportation connections nor does it conflict with any utility access. She then showed several maps of the proposed closure. Regarding Committee/Commission recommendations: (1) Technical Review Committee (TRC) - July 17, 2023, recommendation was to approve the closure; and (2) Multimodal Transportation Commission - August 23, 2023, recommendation was to approve the closure.  Mayor Manheimer opened the public hearing at 6:14 p.m., and when no one spoke, she closed the public hearing at 6:14 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":5},{"d":"2023-10-10","mt":"regular","id":"VI-A","ref":"RES 23-221","it":"resolution","t":"Resolution authorizing the City Manager to direct staff to move forward with the College Patton Complete Streets Project, and ordinance amendments to permit use by all modes of personal transportation within bike lanes","desc":"Assistant Transportation Director Jessica Morriss said this is the consideration of a resolution reaffirming the City Council’s commitment to multimodal transportation, authorizing the City Manager to direct staff to move forward with the College Patton Complete Streets Project, and directing City staff to prepare ordinance amendments to permit use of all modes of personal transportation within bike lanes.  Background: - The addition of bicycle facilities in Asheville’s urban core is consistent with adopted City  plans and policies to improve multimodal transportation, particularly in Downtown. - Plan alignment includes the 2009 Downtown Master Plan, the 2012 Complete Streets Policy, the 2016 Asheville in Motion Mobility Plan, and the 2018 Living Asheville Comprehensive Plan. - City Council’s 2036 Vision Framework for transportation and accessibility states, “Whether you drive a car, take the bus, ride a bike or walk, getting around Asheville is easy. Public transportation is widespread, frequent, and reliable. Sidewalks, greenways, and bike facilities get us where we want to go safely and keep us active and healthy. It is easy to live in Asheville without a car and still enjoy economic, academic, and social success.” - The City’s existing Capital Improvement Plan (CIP) was developed using previously approved plans and policies, including the 2012 Complete Streets Policy and the 2018 Living Asheville Comprehensive Plan as a basis. - The College and Patton Complete Streets Project has been prioritized in the CIP because College and Patton are the primary east-west through streets in downtown. - The proposed bike lanes will connect to existing bike lanes and future bike lanes in downtown and beyond, and the project will have a relatively quick installation time with a comparatively low cost given its community benefits. - Staff most recently presented a status update on the College Patton Complete Streets Project as part of the August 22, 2023, City Manager’s Report. - As part of that discussion, staff hoped to gauge consensus from Council regarding their level of support to continue with the project. - While beneficial feedback was received on August 22, conclusive direction was not received. - Since August 22, staff have distributed a detailed memo providing additional background information on the history and outreach efforts associated with the bike lane project, updated details on the project’s webpage and distributed information via email to stakeholders including the City’s downtown safety initiative subscriber list, and organizations/people who have self identified as BIPOC, Youth, Seniors, Interested in Transportation, People with Disabilities and/or their Caretakers, and LGBTQ+. - Staff have also conducted targeted project meetings with business owners and other community members, particularly those representing the BIPOC community. - The City Council is being asked to approve a resolution to reaffirm their commitment to multimodal transportation and authorize the City Manager to direct staff to move forward with the College Patton Complete Streets Project.  Vendor Outreach Efforts: - Vendor solicitation and selection to complete the College Patton Complete Streets  Project will only occur if the City Council approves the resolution authorizing the City Manager to direct staff to proceed with the project.  Committee(s): - Downtown Commission: March 11, 2022 & June 10, 2022 - presentation only;  December 9, 2022 presentation and vote - 6 to 3 vote to recommend project implementation; September 22, 2023 - presentation only. - Multimodal Transportation Commission: March 23, 2022 - Presentation only; June 22, 2022 - presentation and vote - 6 to 1 vote to recommend implementation of the project - City Council City Manager’s Report - September 13, 2022 - presentation only - City Council City Manager’s Report - August 22, 2023 - presentation only  https://docs.google.com/document/d/1sxwEJJ7oRPUEPA6p17U6nQ1HHKZ8En2dHg88j772e14/edit?usp=sharing https://www.ashevillenc.gov/projects/college-patton-bike-lane-project/  Pro(s): - Currently listed in the adopted capital budget. - Implements multimodal principles. - Enhances travel safety for multiple modes of transportation.  Con(s): - Possible reduced levels of service for automobiles and increased queue lengths during  peak hours.  Fiscal Impact: - Funding for this project ($100,000) was previously budgeted and is available in the  General Capital Projects Fund. - Thus far, approximately $12,000 has been spent toward project design and public  outreach.  Assistant Transportation Director Jessica Morriss outlined the following key takeaways from her presentation as follows: (1) Existing City plans and policies directly call for more bike facilities in the CBD and across the City. This project also aligns with several components of Council’s 2036 Vision; (2) The College/Patton project promotes increased safety for all users and will connect existing bike lanes and future facilities, including greenways; (3) Community engagement began in February 2022 and continued through summer 2023; (4) Community feedback was used to inform the final project design. Top concerns expressed were related to loading zones, parking availability, and traffic congestion; (5) The project was programmed in the City’s approved Capital Improvement Plan through the adoption of the FY22 Budget; and (6) Staff is asking Council to consider a resolution reaffirming its commitment to multimodal transportation. This resolution will specifically confirm support for staff to proceed with the implementation of the College Patton Bike Lane Project and direct staff to prepare ordinance amendments to permit use of all modes of personal transportation within bike lanes.  The project elements are (1) The project would result in: (a) A “quick” build, low-cost, high-value bicycle facility (6’ buffered bike lane); and (b) Restriping crosswalks to be high-visibility; (2) $100,000 programmed for lane markings, signage, and vertical delineators across approximately .5 miles of roadway; and (3) By comparison: (a) $300,000 for Patton Ave. sidewalk improvements (~500 linear feet of new sidewalk repairs and approximately 8 ADA-compliant curb ramps); and (b) ~$3,000,000 per mile to design, acquire right-of-way for, and construct new greenway.  She then reviewed the following project safety benefits table:  Pedestrians Bicyclists / Micro-mobility Users  Motor Vehicles / Transit  Delivery Vehicles  Adds high-visibility crosswalks to enhance pedestrian safety  Reduces the distance pedestrians have to navigate through traffic by ~11 feet  Creates a buffer between motor vehicles and the sidewalk  Reduces the likelihood of multiple-threat crashes  Potentially calms traffic  Creates a dedicated area of travel for bicyclists  Provides greater separation between motor vehicles and bicyclists  Reduces the likelihood of crashes due to drivers overtaking bicyclists on the roadway  Reduces number of potential conflicts by configuring bike lane to the left-side of the road instead of the right-side  Creates a dedicated area of travel for motorists  Promotes more predictable driver behavior (less swerving, less changing lanes, more clear on where to go, less crashes)  Improved visibility and awareness for transit stops and riders  Reduces the need for delivery trucks to double-park in the street due to additional dedicated space, improving safety for all and mitigating congestion  Ms. Morriss then reviewed then outreach and engagement summary as follows: 4 virtual stakeholder meetings; 2 walking tours; 1 stakeholder / public workshop; 1 public survey; 1 radio interview; 3 presentations to Downtown Commission (voted in favor of project 6-3); 2 presentations to Multimodal Transportation Commission (voted in favor of project 6-1); and 3 presentations to City Council.  She then reviewed a detailed chart of crash dates, vehicle driver demographics, pedestrian demographics, pedalcyclist demographics, and contributing circumstances. There were 16 reported pedestrian and bicycle (including one skateboard) crashes in the project area from 2018 through 2022. These crashes involved a total of 17 pedestrians and bicyclists.  Mr. Morriss then showed a map of the broader vision of the existing and planned bike facilities and greenways.  Regarding parking, a summary of changes in the project area (1) 17 metered parking spaces are proposed to be removed -9 of these to be converted to loading zone area; (2) No American with Disabilities (ADA) parking spaces are being removed. One would be relocated from Patton Ave. to across the street along N. Pack Square; and (3) Net loss of two (2) metered parking spaces in Pritchard Park area. Regarding the bigger picture of parking, (1) Rankin and Coxe Ave. parking garages are within 0.1 miles from College and Patton corridors; (2) There are approximately 1,200 on-street public parking spaces in the CBD including metered parking, permitted parking, loading zones, ADA designated parking, unmetered hourly parking, and government reserved parking; (3) The City’s parking garages provide an additional 1,437 spaces: Biltmore Avenue parking garage - 404 spaces; Harrah's Cherokee Center Asheville parking garage - 550 spaces; Rankin Avenue parking garage - 262 spaces; and Wall Street parking garage - 221 spaces. The County also has approximately 1,700 public parking spaces available throughout downtown; (4) City’s parklet / streetery program (a) 13 businesses are utilizing 25 parking spaces downtown, plus 2 parking spaces on S. Market that are utilized by the public; and (b) During the temporary program, as many as 21 businesses had temporary parklets, utilizing 15 additional parking spaces; (5) Data collection and reporting (a) Vehicle speeds; and (b) Crash data; (6) Increased enforcement in project area; and (7) Communication and outreach strategy for educating public, businesses, and delivery drivers on how space should function.  She then used a map to show the details on a block by block basis of several areas as follows: (1) College Street between Biltmore & Lexington - moving loading zone to right side of street; and extend from approximately 25 feet to 40 feet; (2) College Street between Market & Spruce - no parking or loading zone impacts; and bike lanes moves to left-side of Market; (3)  College Street between Market & Biltmore - no parking or loading zone impacts; and left turn combined with thru lane at Biltmore; (4) Patton Avenue between Lexington & Biltmore - removing 3 parking spaces; relocating existing ADA space to across the street along N. Park Square; and no change to turn lanes; (5) College Street between Lexington & Haywood - reconfiguring and extending loading zone space from 100 feet to 124 feet; removing 7 parking spaces; one thru lane is removed; and left-turn at Haywood combined with thu lane; and (6) Patton Avenue between Haywood Street & Lexington Avenue - reconfiguring and extending loading zone from 25 feet to 115 feet; removing 5 parking spaces and parklet; one thru lane removed; and left-turn at Lexington combined with thru lane.  Post implementation includes (1) data collection and reporting - vehicle speeds and crash data; (2) increased enforcement in project area; and (3) communication and outreach strategy for educating public, businesses, and delivery drivers on how space should function. She then showed a timeline, noting that construction is estimated to take 60-90 days after vendor selection (February/March 2024). Beginning of construction might be early spring 2024.  Staff recommends Council adopt a resolution to authorize the City Manager to direct staff to move forward with the College Patton Complete Streets Project, and to prepare ordinance amendments to permit use of all modes of personal transportation within bike lanes.  In response to Councilwoman Ullman’s question raised by the community about a possible conflict of interest, City Attorney Branham said that he is confident that no conflict exists. Under North Carolina law, each Council member has an affirmative duty to vote (NCGS 160A-75), unless a specific conflict exists. Whether a conflict does exist is determined by the nature of the vote. If the agenda item deals with land development matters, the law about conflicts is found in GS 160D-109. When the vote is over a contract, the pertinent provision is found in GS 14-234. For all other votes, such as the one dealing with the bike lanes, the correct standard is found in 160-75. It states that a board member MAY be excused from voting if the matter involves the member's own financial interest or official conduct. Clearly this vote has nothing to do with anyone's official conduct, therefore, the only question is whether someone has a \"financial interest\" in the vote. This is not the same as having an inclination or even a predetermined decision. Our State courts have helped to define a \"Financial Interest\" for the purposes of voting generally as follows: (1) The effect on the board member cannot be the same as a significant number of citizens; or (2) The interest must be significant, or (3) There must be a reasonable likelihood that the financial impact will actually occur. Contrary to this well-established legal framework, the basis of the suggested conflict here appears to be that Councilwoman Ulman's husband is associated with a third party group which has advocated for the bike lanes. However, there has been no evidence that a positive or negative vote on the issue will result in a financial benefit or loss, of a unique nature, which is likely to accrue to Councilwoman Ulman or her spouse. Therefore, he finds no reason to suggest that a conflict, under the appropriate NC law, exists. As such, we must abide by the general mandate for all members to cast a vote in the absence of a conflict.","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Ullman","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":1,"mr":"contested vote","sq":6},{"d":"2023-10-10","mt":"regular","id":"VI-B-222","ref":"RES 23-222","it":"appointment","t":"Resolution appointing members to the Affordable Housing Advisory Committee","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Affordable Housing Advisory Committee  The terms of Dewana Little, Brian Methvin, Barry Bailik, Scott Adams and Emily Axtman, as members on the Affordable Housing Advisory Committee, expired on September 1, 2023. In addition, Margie Bukowski has resigned, thus leaving an unexpired term until September 1, 2025.  The following individuals applied for the vacancy: Rita Lee, Jane Christen, Tod Leaven, Jen Hampton, Daran Smith, Shantelle Simpson, Greg Borom, Malmone Christina, Stuart Zitin, Alvarez Abernathy and Zalica McDaniels.  The Board Chair of the Affordable Housing Advisory Committee recommended, and the Boards & Commissions Committee concurred, to reappoint Brian Methvin and Scott Adams; and appoint Rita Lee, Jane Christen, Shantelle Simpson and Stuart Zitin.","c":"Housing","mo":"individual","mv":"Kilgore","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":1,"mr":"contested vote","sq":7},{"d":"2023-10-10","mt":"regular","id":"VI-B-223","ref":"RES 23-223","it":"appointment","t":"Resolution appointing a member (Erika Gifford) to the Civic Center Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission.  The term of Corey Atkins, as a member of the Civic Center Commission, expired on June 30, 2023.  The following individuals applied for the vacancy: Sean, Comeaux, Erika Gifford and Sean O’Connell.  The Civic Center Commission Chair, Vice-Chair and staff liaison recommend the following (in order of preference): Sean O’Connell, Erika Gifford or Sean Comeeaux. It was the consensus of the Boards & Commissions Committee to appoint Erika Gifford.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"no material signals","sq":8},{"d":"2023-10-10","mt":"regular","id":"VI-B-224","ref":"RES 23-224","it":"appointment","t":"Resolution appointing a member (Carter Webb) to the Civil Service Board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civil Service Board, which has no term limits.  The term of Carter Webb, as a member of the Civil Service Board, expired on May 21, 2023.  No individual applied for the vacancy.  The Chair of the Civil Service Board recommended, and the Boards & Commissions Committee concurred to reappoint Carter Webb.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"no material signals","sq":9},{"d":"2023-10-10","mt":"regular","id":"VI-B-225","ref":"RES 23-225","it":"appointment","t":"Resolution appointing a member (Jefferson Ellison) to the Downtown Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission.  Tal Frankfurt resigned as a member of the Downtown Commission, thus leaving an unexpired term until December 31, 2024.  The following individuals applied for the vacancy: Ben Gladstone, Tom Hunter, Billy Cooney, David Moritz, Douglas Buchalter, Chad Roberson, Clarissa Hyatt-Zack, Stu Helm, Byron Greiner, Abigail Griffin, Michael Fulbright, Hayden Plemmons, Christina Maximone and Jefferson Ellison.  The Chair of the Downtown Commission recommended, and the Boards & Commissions Committee concurred, to appoint Jefferson Ellison.","c":"Economic Development","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":1,"mr":"policy category","sq":10},{"d":"2023-10-10","mt":"regular","id":"VI-B-226","ref":"RES 23-226","it":"appointment","t":"Resolution appointing members (Crystal Michelle Reid and Daniel Young) to the Human Relations Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission.  The terms of Daniel Young, Crystal Michelle Reid, Ellen Kathrein and Donald Post expired on June 1, 2023.  The following individuals applied for the vacancy: Babette Freund, Jack Hoda, David Shaw, John Miall, Robyn Hite, Andy Bobowski, Willa Grant and Danie Johnson.  The Chair of the Human Relations Commission recommends the appointment of Babette Freund and John Miall, and the reappointment of Crystal Reid. Staff recommends appointment of Jack Hoda and John Miall and the reappointments of Daniel Young and Crystal Reid. The Boards & Commissions Committee recommended the reappointment of Crystal Reid and Daniel Young; and the appointment of Jack Hoda and John Miall.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"no material signals","sq":11},{"d":"2023-10-10","mt":"regular","id":"VI-B-227","ref":"RES 23-227","it":"appointment","t":"Resolution appointing members (Jeffrey Santiago) to the Noise Advisory Board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Noise Advisory Board.  The terms of Jeffrey Santiago (representing the resident seat), Carmelo Pampillonio (representing the acoustic pro/related seat) and Lillian Woody (representing the restaurant industry), as members of the Noise Advisory Board, expire on November 1, 2023..  The following individuals applied for the vacancy: Michael Fulbright.  No recommendation was received by the Noise Advisory Board.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"no material signals","sq":12},{"d":"2023-10-10","mt":"regular","id":"VI-B-228","ref":"RES 23-228","it":"appointment","t":"Resolution appointing members (Alvarez Abernathy and Jared Wheatley) to the Planning & Zoning Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Planning & Zoning Commission.  The terms of Joe Archinbald and Robert Frances Hoke, as members of the Planning & Zoning Commission, expired on August 14, 2023.  The following individuals applied for the vacancy: Paul Zay, Scott Lewandowski, David Moritz, Bryon Greiner and Andrew Fletcher. Paul Zay withdrew his name from consideration.  The appointment process was reopened and the following additional individuals applied for the vacancies: Joseph Chesler, Alvarez Abernathy, John-Michael Henson and Jared Wheatley. Mr. Henson was unable to attend the interview.  On October 10, 2023, the Boards & Commissions Committee interviewed Joseph Chesler, Alvarez Abernathy and Jared Wheatley..  After thanking all applicants for their time, a vote was taken by Council for one seat as follows: Scott Lewandowski received 0 votes; David Moriz received 1 vote; Byron Greiner received 0 votes; Andrew Fletcher received 0 votes; Joseph Chesler received 0 votes; Alvarez Abernathy received 5 votes; John-Michael Henson received 0 votes; and Jared Wheatley received 1 vote. Therefore, Alvarez Abernathy was appointed to the Planning & Zoning Commission to serve a three-year term, term to expire August 14, 2026, or until Alvarez Abnernathy’s successor has been appointed.  Another vote was then taken for the other vacant seat as follows: Scott Lewandowski received 0 votes; David Moriz received 0 votes; Byron Greiner received 3 votes; Andrew Fletcher received 0 votes; Joseph Chesler received 1 vote; John-Michael Henson received 0 votes; and Jared Wheatley received 3 votes. Because of a tie, another vote was taken between Mr. Wheatley and Mr. Greiner. The votes are as follows: Byron Greiner received 3 votes; and Jared Wheatley received 4 votes. Therefore, Jared Wheatley was appointed to the Planning & Zoning Commission to serve a three-year term, term to expire August 14, 2026, or until Jared Wheatley’s successor has been appointed.","c":"Boards & Appointments","mo":"other","mv":"","sec":"","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2023-10-10","mt":"regular","id":"VI-B-229","ref":"RES 23-229","it":"appointment","t":"Resolution appointing members (Justin Young and Christy Hulburt) to the Sustainability Advisory Committee","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainability Advisory Committee.  Chris Pelrine has resigned as a member of the Sustainability Advisory Committee, thus leaving an unexpired term until December 31, 2024. In addition, Kim Austin has resigned, thus leaving an unexpired term until December 31, 2023.  The following individuals applied for the vacancies: Djuna Roberts, Sophie Loeb, Anna Alsobrook, Tod M. Leaven, Justin Young, Mimi Gordon, Lindsay Parpart, Russ Thacher, Lin Orndorf, Christy Hulburt and Justin Young.  The Chair and staff of the Sustainability Advisory Committee recommend the appointment of Russ Thacher and Christy Hurlburt. It was the consensus of the Boards & Commissions Committee to appoint Justin Young and Christy Hurlburt.","c":"Environment & Sustainability","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"no material signals","sq":14},{"d":"2023-10-10","mt":"regular","id":"VI-B-230","ref":"RES 23-230","it":"appointment","t":"Resolution appointing a member (Chris DeFiore) to the Urban Forestry Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission.  Amy Smith has resigned as a member of the Urban Forestry Commission, thus leaving an unexpired term until December 31, 2024.  The following individuals applied for the vacancy: Alex Kirby, Patricia Grace, Tara Wu, Keaton Edwards, Alvin Ward Peacock, Chardin Detrich, Lyda Karrh, Chris DeFiore, Kelly Carlson, Phaedra Xanthos, Jennifer Abla and Scott Abla.  The Urban Forestry Commission recommended the appointment of Chris DeFiore, and the Boards & Commissions Committee concurred with the recommendation.","c":"Environment & Sustainability","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1p5ZUqbe4By0Y7auyyVGCB8CCzaL8qgta/view?usp=drive_link","mat":0,"mr":"no material signals","sq":15},{"d":"2023-10-24","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held October 5, 2023, and the formal meeting held October 10, 2023","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-10-24","mt":"regular","id":"II-B","ref":"RES 23-231","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"Background: - The Water Resources Department has prioritized this waterline replacement project for  the current fiscal year and is seeking engineering design and project management assistance for this project. - The project will replace approximately 25,800 linear feet of existing substandard and failing water lines in favor of predominantly 6-inch and 8- inch ductile iron water lines and appurtenances designed and constructed in accordance with the City of Asheville standards. - The waterlines prioritized for replacement as part of the Neighborhood Enhancement Projects Area 8 are within and along the following various neighborhoods and streets; Arbutus Rd, Deanwood Cir, Forest St, Ardmore St, Donna Drive, Euclid Pkwy, Avon Pkwy, Saint Charles Pl, Greenlee Ave, Roosevelt St, Moreview Dr, Iris St, Clinton Ave, Lane Ave, Meadowbrook Ave, Stewart St, Cordova St, Granada St, Haywood Rd, Wamboldt Ave, Success Ave, East Ln.  Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020 the City  of Asheville selected four consulting firms to provide on-call professional services for Water Distribution and Storage Projects. - CDM Smith Inc. was one of the selected firms due to their expertise in areas of water distribution projects, water system analysis and project development. - The City of Asheville entered into a master agreement with CDM Smith Inc. on September 4, 2020 for on-call professional services for Water Distribution and Storage Projects, valid for three years and has been renewed for an additional year on September 4, 2023 with the option to renew for an additional year. - If approved, the proposed engineering services described here will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Water Distribution and Storage Projects was the best method to deliver this project and CDM Smith Inc. was specifically qualified to provide the required engineering services. - No other vendor outreach was performed.  Committee(s): - None.  Pro(s): - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. - CDM Smith Inc. has successfully provided engineering services for other water system improvement projects. - Their experience with our water system and expertise in water distribution projects will lead to a successful project with lesser negative impacts to customers and the City’s water system.  Con(s): - N/A  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water  Resources Capital Improvements Project Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-10-24","mt":"regular","id":"II-C","ref":"RES 23-232","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"Background: - As part of the Water Resources Department effort to promote conservation and  sustainability of vital water resources, the department offers no-cost water efficiency assessments for commercial, industrial and institutional customers. - The objective for these water assessments is to help larger customers reduce water use where efficiencies can be improved, control costs and promote an efficient water use ethic for long term resource stewardship. - For Fiscal Year 2023-24, the Waste Reduction Partners of the Land of Sky Regional Council plans to conduct four to eight water efficiency assessments for commercial, industrial, and/or institutional water customers under a contract agreement of $15,000 with the City of Asheville Water Resources Department.  Vendor Outreach Efforts: - N/A - The non-profit Waste Reduction Partners, which is administered by the Land of Sky  Regional Council and is a partnership program of the NC Division of Environmental Assistance and Customer Service; and Land of Sky Regional Council, is a political subdivision of the State of North Carolina.  Committee(s): - N/A  Pro(s): - The program is a customer service benefit sponsored by the City of Asheville’s Water  Resource Department to promote sound and efficient utilization of the city’s water resources.  Con(s): - N/A  Fiscal Impact: - Funding for this agreement is available in the Water Resources Department operating  budget.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-10-24","mt":"regular","id":"II-D","ref":"RES 23-233","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The City owns and operates a Compressed Natural Gas (CNG) Filling system at its Fuel  Station for City and public use. - Several components need replacement due to age to return the CNG System to safe and  productive operating conditions. - CNG components are manufactured by Ingersoll Rand. - These parts are only available through authorized dealers. - P.C McKenzie Company is the only distributor authorized to sell new equipment and  parts, and provide warranty and repair services for Ingersoll Rand Brand CNG Components in our geographic area. - Use of OEM (original equipment manufacturer) parts is recommended to maintain the equipment up to the manufacturer’s standards.  Vendor Outreach Efforts: - CNG components are manufactured by Ingersoll Rand. - These parts are only available through authorized dealers. - P.C McKenzie Company is the only distributor authorized to sell new equipment and  parts, and provide warranty and repair services for Ingersoll Rand Brand CNG Components in our geographic area.  Committee(s): - None  Pro(s): - This resolution will allow the Fleet Division to efficiently purchase the parts required to  repair and maintain the City’s CNG Filling System at the City Fuel Station. - Out-of-date components will be replaced to ensure safety of equipment and those who  use it.  Con(s): - None  Fiscal Impact: - Staff estimate that $60,000 will be spent in the current fiscal year. - Funding for these purchases is available in the Public Works Department operating  budget.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-10-24","mt":"regular","id":"II-E","ref":"RES 23-234","it":"resolution","t":"Resolution authorizing the possession (consent)","desc":"Background: - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified wine on the public streets and on property owned, occupied or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival. - The following organization has requested that City Council permit them to serve beer and/or unfortified wine at it’s event and allow for consumption its event: - Sanctuary Series Vol 2., to occur at 27 Church st. on November 3, 2023, from 4:00 p.m. - 10:00 p.m. - Alcohol boundaries are defined as per the accompanying event site map.  Committee(s): - None  Pro(s): - Allows fundraising opportunities for the sponsoring nonprofit organization.  Con(s): - None  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-10-24","mt":"regular","id":"II-F","ref":"ORD 5044","it":"ordinance","t":"Budget amendment from the Harrah's (consent)","desc":"Background: - In July of 2023, the Thomas Wolfe Auditorium (TWA) was temporarily closed to events  due to a full system failure of the HVAC system in the stage and seating chamber areas of the facility. - Immediate assessment and repairs were initiated, and contractor estimates are that the total cost of repairs needed to host events at full capacity is approximately $1.4 million. - The requested $1.4M will be utilized to repair HVAC systems, design and install a catwalk and fall arrest system in the TWA attic. - Some of this work has already commenced using available funding in the HCCA Capital Fund. - The HCCA fund balance is currently estimated to have $3.3M in available funds over the 16% of operating expenses fund balance policy target. Over $1.9M will remain over the policy minimum with approval of this fund balance appropriation.  Committee(s): - None - Asheville City Council Work Session 9/26 - Asheville Civic Center Commission - 10/3  Pro(s): - Provides sufficient budget authorization for anticipated capital expenditures without  requiring additional General Fund financial support for the HCCA.  Con(s): - None  Fiscal Impact: - The requested fund balance appropriation will reduce the HCCA Operating Fund fund  balance as outlined above, but the fund will remain within its fund balance policy target. - This funding will cover the cost of identified repairs already underway. Any available funds  at the end of this project will be used towards a facility-wide upgrade project.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-10-24","mt":"regular","id":"II-G","ref":"RES 23-235","it":"resolution","t":"Resolution authorizing the sale of one (consent)","desc":"Background: - The City’s Sanitation Division of the Public Works Department identified one (1) loader as  surplus personal property, with no anticipation of future utilization by the City. - The 2007 John Deere 624J Loader is expected to sell for more than $30,000. - All bids are solicited through GovDeals online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at  $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at  less than $30,000 by private negotiation and sale.  Vendor Outreach Efforts: - Not Applicable  Committee(s): - None  Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price  Con(s): - None  Fiscal Impact: - The vehicle is fully depreciated and the General Fund will recognize the entire amount as revenue. - Estimated revenue from the sale of fixed assets is already budgeted in the General Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-10-24","mt":"regular","id":"II-H","ref":"RES 23-236","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - Code Purple is a longstanding community initiative begun by shelter providers to provide  additional capacity with fewer requirements during extreme weather conditions to ensure safety and survival for people experiencing homelessness. - In FY 2023-24, the City of Asheville has budgeted $50,000 to support Code Purple operations. - Buncombe County has requested that the City administer their matching budgeted funds for Code Purple and has initiated an interlocal agreement to that effect. - City staff convened community partners to facilitate a planning process for the coming Code Purple season in partnership with the Homeless Coalition and the Homeless Initiative Advisory Committee (HIAC). - Asheville Buncombe Community Christian Ministry (ABCCM) and Salvation Army will provide a combined 91 Code Purple beds, with overflow capacity available if needed. - City staff published the opportunity to submit funding requests for City and County Code Purple funds and received one request from ABCCM in the amount of $100,000. - Salvation Army will be able to absorb Code Purple costs in their regular operating budget and therefore is not seeking public funds. - The Funding Allocations Work Group reviewed ABCCM’s request and recommended full funding to HIAC. - At their October 12, 2023 meeting, HIAC approved ABCCM’s funding request. - Code Purple shelter will be available beginning October 15, 2023 through April 30, 2024  when the temperature is 32 or below, or 33-40 with precipitation. - Code Purple events will be called by the Homeless Coalition.  Vendor Outreach Efforts: - Funding opportunity was published on the City’s website, announced at HIAC and in the  Code Purple planning meetings, and distributed to community partners through the HIAC distribution list.  Committee(s): - Housing & Community Development Committee - October 17, 2023 - 3-0 approval to  move to City Council - Homeless Initiative Advisory Committee - unanimously voted to approve ABCCM’s  funding request at its October 12, 2023 meeting.  Pro(s): - Provides essential, life-saving emergency shelter for people experiencing homelessness  during extreme weather - Facilitates funding partnership with Buncombe County and minimizes administrative  burden on shelter provider  Con(s): - None noted  Fiscal Impact: - The revenue associated with this agreement was budgeted in the FY 2023-24 Adopted  Budget. - Funding for Code Purple sheltering is available in the Community & Economic  Development operating budget.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-10-24","mt":"regular","id":"II-I","ref":"","it":"resolution","t":"Resolution authorizing the City Manager to enter into a supplemental agreement with NCDOT for the Greenway Connectors Project; and budget amendment for the Greenway Connector Project","desc":"After discussion, it was the consensus of City Council to continue these items until November 14, 2023, in order to give Council time to tour the routes being proposed in this request.","c":"Transportation","mo":"other","mv":"","sec":"","r":"","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"policy category","sq":11},{"d":"2023-10-24","mt":"regular","id":"II-J","ref":"ORD 5045","it":"ordinance","t":"Ordinance enacting speed limit changes on portion of Sand Hill Road, Holt and others (consent)","desc":"in its entirety and Sorrel Court in its entirety and Dearborn Street from East Schenck Crescent to Olmstead Drive, (3) a 25 mph speed limit on SR-3556 (Amboy Road/Meadow Road) from a point 0.15 miles west of Lyman Street to 0.041 miles south of Lyman Street and Walton Street in its entirety and Middlebrook Drive from New Haw Creek Road to Old Haw Creek Road and Pinchot Drive from Olmstead Drive to Overlook Road, and (4) a 30 mph speed limit on SR-1332 (Louisiana Avenue) from Haywood Road (U.S. 19-23 Business) to Patton Avenue (U.S. 19-23) and SR-1674 (Elkwood Avenue) from a point 0.012 miles north of Hickory Street (SR-1674) to Merrimon Avenue (U.S. 25).  Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its  corporate limits. - City staff received requests from the public to consider changes to speed limits. - SR-3412 (Sand Hill Road), SR-3556 (Amboy Road/Meadow Road), SR-1332 (Louisiana  Avenue), and SR-1674 (Elkwood Avenue) are state maintained streets within the city limits. - The N.C. Department of Transportation (NCDOT) conducted a traffic-engineering study and implemented a school speed limit of 20 mph on SR-3412 (Sand Hill Road). - The NCDOT conducted a traffic-engineering study for SR-3556 (Amboy Road/Meadow Road) west and south of Lyman Street and determined that 25 mph would be a more appropriate speed limit. - The NCDOT conducted a traffic-engineering study for SR-1332 (Louisiana Avenue) from Haywood Road to Patton Avenue and determined that 30 mph would be a more appropriate speed limit. - The NCDOT conducted a traffic-engineering study for SR-1674 (Elkwood Avenue) from north of Hickory Street to Merrimon Avenue and determined that 30 mph would be a more appropriate speed limit. - City staff performed appropriate traffic-engineering studies along seven streets: Holt Lane, Baneberry Court, Sorrel Court, Dearborn Street, Walton Street, Middlebrook Drive, and Pinchot Drive. - The speed limit on the following streets will be set at 20 miles per hour: - Holt Lane in its entirety - Baneberry Court in its entirety - Sorrel Court in its entirety - Dearborn Street from East Schenck Crescent to Olmstead Drive - The speed limit on the following streets will be set at 25 miles per hour: - Walton Street in its entirety - Middlebrook Drive from New Haw Creek Road to Old Haw Creek Road - Pinchot Drive from Olmstead Drive to Overlook Road - The resident on Walton Street and the resident on Middlebrook Drive who expressed concerns about speed were contacted directly informing them of the recommended speed limits. - The Biltmore Park Association requested more consistent speed limits throughout the neighborhood and were informed of the recommended speed limit changes on Pinchot Drive, Holt Lane, Baneberry Court, Sorrel Court, and Dearborn Street. - The Asheville Police Department has reviewed the subject actions and they concur with them. - Once the subject action is approved and prior to the installation of appropriate signs on the City-maintained streets, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department. - The NCDOT will install the appropriate signs on SR-3556 (Amboy Road/Meadow Road), SR-1332 (Louisiana Avenue), and SR-1674 (Elkwood Avenue).  Committee(s): - MMTC - September 27, 2023 - Presented for information.  Pro(s): - City staff have been able to respond favorably to public requests. - Provides a more appropriate posted speed limit in residential areas. - Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders.  Con(s): - None  Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the Transportation  Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-10-24","mt":"regular","id":"II-K","ref":"RES 23-237","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The requested action will establish an agreement that permits officers in the Madison  County Sheriff’s Office to access City of Asheville Police radio channels in the event of an emergency. - The Sheriff’s Office will not use these channels for daily communications; they will only be used in the event that they need to contact Asheville law enforcement. - The City has similar agreements with most neighboring counties and law enforcement agencies. - This agreement will automatically renew annually as long as both parties agree to continue the agreement. - Information Technology Services manages all such agreements and their renewals.  Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - Improve communications with Asheville law enforcement in the event of a Madison  County emergency that may cross counties or potentially impact Asheville law enforcement.  Con(s): - N/A  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-10-24","mt":"regular","id":"II-L","ref":"RES 23-238","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to the Brightly Software contract for the Capital Predictor software","desc":"Background: - In 2016, the City entered into an initial agreement with Dude Solutions for the City’s  facility maintenance work order and asset management software. - Since the initial contract award, the company has grown and expanded its product  offerings. - Through this growth, the name of the company has also changed to Brightly Software,  Inc. - Brightly Software, Inc. continues to provide and maintain the original asset management  software and in 2021 the City added their Energy Manager product to track carbon emissions. - In 2022, additional investments in the system have been made with the purchase of a Capital Predictor tool. - This service provided by Brightly Software Inc. was contracted through a Cooperative Purchasing group, Sourcewell which was competitively solicited. - This system works with the asset management system, work order system, and the data collected from the Comprehensive Facility Study to forecast future capital needs and guide capital budgeting. - The existing Brightly Software tools allow the City to maintain an accurate picture of building condition and performance. - This software allows the City to be more proactive in future maintenance investments. - Continuing with this contract is critical to ensuring continuity related to managing facility  assets and ensuring that the other asset management platforms mentioned in this report remain functional. - The change order is required in order to authorize the annual renewal payments for the next two years through the remainder of this contract. The initial authorization allowed for the purchase and the first year’s licensing agreement.  Vendor Outreach Efforts: - The change order is with the existing vendor. - No additional outreach was performed because the Capital Predictor software is an  add-on that is only available through Brightly which is the current software provider of the City’s maintenance software. - Brightly software was purchased in 2020 through the Sourcewell Cooperative Purchasing Agreement (Co-op). Sourcewell requires companies to submit documentation of their MWBE status. - The contract under which this program was purchased lists the vendor as a certified MBE in the State of California. Subsequent company acquisitions have changed this status.  Committee(s): - None  Pro(s): - Provides the City with needed information regarding the current condition of its facilities,  Long-term facility management, and will help in the prioritization and planning of future capital maintenance and investments in City facilities.  Con(s): - None  Fiscal Impact: - Funding for the first year of this contract is available in the Capital Projects Department  operating budget. Future years will be planned for during the annual budget development process.","c":"Budget & Finance","mo":"other","mv":"Roney","sec":"Ullman","r":"","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":12},{"d":"2023-10-24","mt":"regular","id":"II-M","ref":"RES 23-239","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Frank L. Blum Construction Company, in association with W.C. Construction Company, for the McCormick Field pre-construction services","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as  Lewis McCormick Field, since 1984 and leases the property for operation as a minor league baseball stadium. - The Asheville Tourists are a Minor League Baseball team in the South Atlantic League and are an affiliate team of the Houston Astros. - Major League Baseball (MLB) released updated facility standards for Minor League Baseball stadiums in 2020. - In January 2022, the City Council authorized a two-year lease agreement with DeWine Seeds-Silver Dollar LL for the Tourists to continue operation out of McCormick Field. - The lease was for a shorter duration in order to allow for planning to align with new MLB facility standards. - In February 2023 City Council held a work session to review the MLB mandates,  opportunities and constraints related to proposed improvements at Lewis McCormick Field. - In March 2023 during two different budget work sessions, funding options for improvements at McCormick Field were discussed. - On March 14, 2023, the City Council authorized the City Manager to sign a funding letter of commitment to MLB regarding the City’s intent to bring McCormick Field into compliance with new facility standards. - Buncombe County Tourism Development Authority (BCTDA) approved the financial commitment funding model on July 26, 2023. - In July 2023 City Council authorized a professional services contract with Ewing Cole, Inc. for the design of the McCormick Field Improvements. - In July 2023, staff advertised a request for qualifications for Construction Manager at Risk (CMAR) services in accordance with N.C.G.S. 143-128.1 - Staff received six submittals from interested CMAR teams and a five member selection committee evaluated and ranked each team based on qualifications, project understanding and approach. - The top two teams in the ranking were invited in to interview with the selection committee, where the selection committee again evaluated and ranked each team using the same criteria. - The highest ranked team from this selection process was Frank L. Blum Construction Company (a North Carolina corporation), in association with W.C. Construction Company (a certified HUB North Carolina corporation). - Staff negotiated the fee and scope for preconstruction services with Blum-WC Construction, as well as the general conditions and fee for future construction services. - The preconstruction services in this agreement include close coordination with the design team and ownership group to carefully study and review preliminary design in terms of construction scheduling, sequencing, construction cost estimating, MWBE development and preparation of Guaranteed Maximum Price at the end of the design process.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses, through solicitation  processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The selected Blum-WC Construction team is structured as an association with WC Construction, a certified HUB firm having a 15% equity position on the team with limited risk exposure. - Blum will not be requiring WC Construction to provide any portion of the bonding or insurances required for the team. - For this preconstruction services contract, MWBE participation is 15%. - For future construction phase services, Blum-WC has a longstanding commitment to  maximize MWBE participation and regularly exceeds MWBE goals on all of their projects. - Blum-WC Construction recognizes the importance that the City of Asheville places on  utilizing minority-owned businesses and is committed to maximize opportunities for MBE participation.  Committee(s): - None  Pro(s): - Provides for construction improvements on an asset with a demonstrated need for  improvements. - Provides construction scheduling and cost estimating services in advance of competitive  bidding. - Allows greater development and involvement by local and MWBE subcontractors using a  CMAR delivery method. - Utilizes grant and lease funding to maximize the local funding on a City owned asset.  Con(s): - This phase of the work will not involve construction but ultimately this project, during  construction, will have an impact on the adjacent communities. - When under construction, this project will also have an impact on the activities that occur  in this facility, in particular baseball.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.  Director of Community & Regional Entertainment Facilities Chris Corl and Capital Projects Director Jade Dundas responded to Councilwoman Mosley about her concerns about the selection process of the minority contractor and the timeline. Mr. Dundas did note that Mr. Carl Harris did offer to help with the interviews; however, they had conducted the interviews the day before.","c":"Economic Development","mo":"individual","mv":"Roney","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2023-10-24","mt":"regular","id":"II-N","ref":"RES 23-240","it":"resolution","t":"Resolution amending the 2023 City Council meeting schedule to add worksessions on Nov 14 and Dec 12, 2023 (consent)","desc":"Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-10-24","mt":"regular","id":"IV-A","ref":"RES 23-241","it":"public_hearing","t":"Resolution to amend the U.S. Dept. of Housing & Urban Development 2020-24 Consolidated Plan for FY2018-19, 2019-20, 2021-22 and 2022-23","desc":"Community Development Division Manager Dennis Newburn said that is the consideration of holding a public hearing and adoption of a resolution approve amendments to the 2020-2024 Consolidated Plan for activities that were funded for the following Fiscal Years: FY 2018-19, FY 2019-20, FY 2021-22, and FY 2022-23 to (1) allow Community Development Block Grant (CDBG) funding previously awarded to Helpmate, Inc. to additionally be used outside of the jurisdictional limits of the City of Asheville, but within Buncombe County; (2) to allow the unused amount of $300,000 of Community Development Block Grant (CDBG) funding to be used for an accessibility improvement project at 108 Patton Avenue; and (3) to allow a previous award to Homeward Bound of WNC for FY 2021-22 HOME Tenant Based Rental Assistance (TBRA) program to include both Permanent Supportive Housing and Rapid Rehousing; and to authorize the City Manager to submit the amendments to the U.S. Department of Housing and Urban Development (HUD) and to sign all necessary documents to give effect to these Amendment requests. This public hearing was advertised on October 13, 2023.  Background: This public hearing and proposed amendments contain three key actions, as further described below.  CDBG Jurisdiction Change for Helpmate, Inc - Previous Annual Action Plans have granted CDBG Housing Services funds to Helpmate,  to support survivors of domestic violence (housing-related intake and case management) that receive HOME Tenant-Based Rental Assistance (TBRA). These two funding sources work together to provide comprehensive housing support for Helpmate clients. - HOME funds can currently be used outside of the City of Asheville but CDBG, even those used in conjunction with HOME TBRA funds, must be used within Asheville City limits, per the City’s 2020-2024 Consolidated Plan. - Affordable housing options can be harder to find in City limits than in other parts of Buncombe County. - In addition, survivors of domestic violence require more choices regarding their housing placement to ensure their ongoing safety. - To reduce constraints that only using CDBG funds within City limits poses, City staff recommend that an amendment be made to the 2020-2024 Consolidated Plan such that CDBG Housing Services funds can be spent in Asheville City limits and also in areas of Buncombe County outside of Asheville City limits.  Homeward Bound Tenant-Based Rental Assistance (TBRA) Amendment - Tenant-Based Rental Assistance is one of the most important tools used to end  homelessness in our community and can be used for (1) Permanent Supportive Housing programs, like the recently completed Compass Point Village, where wrap-around services are provided alongside housing, and (2) Rapid Rehousing programs that do not include long-term supportive services, but focus on rental payments. - Homeward Bound receives Tenant-Based Rental Assistance (TBRA) funding from the City of Asheville through the federal HOME and CDBG programs, though most of the funds are currently limited to Permanent Supportive Housing Programs. - The agency has seen a diminishing number of chronically homeless individuals who need long-term housing services (Permanent Supportive Housing) and an increasing number of individuals experiencing episodes of homelessness who do not need long-term supportive services (Rapid Rehousing). - Recent recommendations from the National Alliance to End Homelessness confirm this finding and point to a significant system gap in Rapid Rehousing capacity. - Homeward Bound asked the City if an amendment could be made to expand the use of their existing HOME TBRA funds from Permanent Supportive Housing to include Rapid Rehousing to accommodate for these new needs and changes in the homeless population. City staff recommend support of this change.  CDBG Reallocation to 108 Patton Avenue Sidewalk and Accessibility Project - The City of Asheville (COA) has $300,000 in available CDBG funds that must be spent by  April 2024 to meet HUD timeliness requirements. These funds come from previous years’ (FY 2018-19 and FY 2019-20) contracts that have either expired or have unspent balances that have now been returned. - Community Development staff met with multiple City departments to discuss projects in their capital plans that would meet HUD CDBG requirements. - Projects that address Americans with Disabilities Act (ADA) accessibility concerns were prioritized, as these types of projects serve the target populations that CDBG regulations require. - The Public Works Department had planned to improve sidewalks and curb ramps located in the vicinity of 108 Patton Avenue, using City funds allocated for FY 2023-24. This project was identified as the highest priority in the City’s Greenways, Accessibility, and Pedestrians (GAP) Plan. - This project was identified as the best fit for the reallocation of $300,000 in CDBG funds, and construction can proceed as soon as the reallocation is approved. - This action would reaffirm the City’s commitment to the Americans with Disabilities Act by undertaking activities that will remove architectural barriers, achieve compliance with HUD’s timeliness requirements, and assist with the preservation of City facilities. - CDBG funds will be used to construct the sidewalk project at 108 Patton instead of General Funds. This will allow the Public Works Department to redirect those operational dollars to other critical sidewalk maintenance projects.  Vendor Outreach Efforts: - N/A  Committee(s): - Asheville Regional Housing Consortium - July 6, 2023 - Approved Unanimously  (Homeward Bound TBRA Amendment) - Housing and Community Development Committee - August 21, 2023 - Approved, 2-1  (108 Patton) - Housing and Community Development Committee - September 19, 2023 - Approved  Unanimously (Helpmate Jurisdiction Change)  Pros: - Concerning the Homeward Bound and Helpmate changes, these amendments will give  greater flexibility and opportunity to serve the intended clientele and provide a greater chance for success. - The proposal regarding the 108 Patton project allows for needed ADA improvements within a highly traveled corridor in downtown Asheville and is shovel-ready such that the City can achieve timely expenditure of funds. - Additionally, all proposed amendments support the City’s need to meet HUD’s timeliness requirements for effective expenditure of federal funds.  Cons: - None noted.  Fiscal Impact: - All proposed amendments would enable the City to spend CDBG funds in a more timely  manner and serve intended populations. - CDBG funds will be used to construct the sidewalk project at 108 Patton Avenue instead  of General Funds, allowing for those operational dollars to be redirected to other critical sidewalk maintenance projects. - All proposed amendments involve the use of existing funds, with no request for additional City funding.  Community Development Division Manager Dennis Newburn said his presentation will be with the following key takeaways: (1) The City has a fiduciary responsibility to the U.S. Dept of Housing and Urban Development (HUD) to effectively manage Community Development Block Grant (CDBG) & HOME funds in order to create transformative impact in Asheville, and improve the lives of all residents, especially those with low-and moderate- income levels; (2) This public hearing brings forward three amendments to the City’s 2020-2024 HUD Consolidated Plan: (a) Modifications to Helpmate’s prior CDBG grant award; (b) Reallocation of non-public service CDBG funds for sidewalk and accessibility improvements at 108 Patton Avenue; and (c) Modifications to Homeward Bound’s prior HOME award; and (3) These proposed changes are in direct response to improving timely performance and expenditure of federal funds (a) For Homeward Bound and Helpmate, these amendments will give greater flexibility and opportunity to serve the intended clientele and provide a greater chance for success; and (b) The proposal regarding the 108 Patton Project allows for needed ADA improvements within a highly traveled corridor in downtown Asheville and is shovel-ready such that the City can achieve timely expenditure of funds.  Regarding the CDBG jurisdiction change for Helpmate Inc, (1) Previous Annual Action Plans have granted CDBG Housing Services funds to Helpmate, to support survivors of domestic violence (housing-related intake and case management) that receive HOME Tenant-Based Rental Assistance (TBRA). These two funding sources work together to provide comprehensive housing support for Helpmate clients; (2) HOME funds can currently be used outside of the City  of Asheville but CDBG, even those used in conjunction with HOME TBRA funds, must be used within Asheville City limits, per the City’s 2020-2024 Consolidated Plan; and (3) Helpmate identified the requirement that CDBG Housing Services funds only be used within City of Asheville limits as a limitation to providing services to their clients (a) Affordable housing options can be harder to find in City limits than in other parts of Buncombe County; and (b) In addition, survivors of domestic violence require more choices regarding their housing placement to ensure their ongoing safety. Staff’s recommendation is to reduce constraints that only using CDBG funds within City limits poses, City staff recommend that an amendment be made to the 2020-2024 Consolidated Plan such that CDBG Housing Services funds can be spent in Asheville City limits and also in areas of Buncombe County outside of Asheville City limits.  Regarding the Homeward Bound tenant-based rental assistance (TBRA), (1) In order to be good stewards of the funds, Homeward Bound met with City staff to discuss difficulties they are encountering while trying to spend HOME TBRA funds solely for Permanent Supportive Housing; (2) The agency has seen a diminishing number of chronically homeless individuals who need long-term housing services (Permanent Supportive Housing) and an increasing number of individuals experiencing episodes of homelessness who do not need long-term supportive services (Rapid Rehousing); and (3) Recent recommendations from the National Alliance to End Homelessness point to a significant system gap in Rapid Rehousing capacity. Staff’s recommendation is to modify the activities of Homeward Bound’s FY21/22 HOME TBRA programs to include both Permanent Supportive Housing and Rapid Rehousing in order to help spend down existing TBRA funds and to accommodate for new needs and changes in the homeless population.  Regarding the CDBG reallocation to accessibility improvements at 108 Patton Avenue, the background is (1) The City of Asheville has $300,000 in non-public service Community Development Block Grant (CDBG) that need to be reallocated and fully expended by April 2024 in order to meet Department of Housing and Urban Development (HUD) timeliness requirements; (2) These funds come from previous years’ (FY 2018-19 and FY 2019-20) contracts that have either expired or have unspent balances that have now been returned; (3) Using the funds on an eligible City project poses the highest chance for success to ensure timely use of the funds; (4) Other opportunities were evaluated, however federal requirements (e.g. federal prevailing wage, environmental review requirements, etc.) for CDBG funds eliminated these options from consideration; (5) Staff is recommending to use the funds to complete a downtown sidewalk accessibility project (108 Patton Avenue); and (6) This proposal would reaffirm the City’s commitment to the Americans with Disabilities Act by undertaking activities that will remove architectural barriers, achieve compliance with HUD’s timeliness requirements, and assist with the preservation of City facilities.  Using maps, Public Works Director Greg Shuler said that regarding expanding accessibility at 108 Patton Avenue, (1) The proposed improvements include sidewalk and curb ramp replacement on both sides of Patton Avenue (between Coxe Ave and Asheland Ave); construction can proceed as soon as the reallocation is approved; (2) This project was identified as the highest priority ADA project in the City’s Greenways, Accessibility, and Pedestrians (GAP) Plan; (3) The use of CDBG funds will allow the Public Works Department to redirect those operational dollars to other critical sidewalk maintenance and accessibility projects; and (4) The project is located in an area that has access to multiple essential services that benefit low-moderate income individuals including: the Federal building, Buncombe County Health and Human Services, U.S. Post Office, financial institutions, and is less than a block away from the Asheville Rides Transit station. The major drivers for 108 Patton Avenue recommendation are (1) National Objective: Meets CDBG National Objective to benefit low and moderate income people; (2) Eligibility: Sidewalk replacement is CDBG eligible; and (3) Timeliness: (a) City is best positioned to overcome cross-cutting federal requirements that often delay or complicate other projects - As an example, the work can be completed by City’s Public Works Department and  therefore not be subject to federal prevailing wage requirements; and (b) City can prioritize this work and initiate construction shortly after the approval is granted.  Regarding timeliness, (1) HUD Timeliness Standard: (a) HUD’s expressed intent is to see that funds are spent in the community; (b) HUD monitors this objective by checking the City’s CDBG account balance each year through a process known as the Timeliness Test; and (c) The City is not permitted to have more than 1.5x worth of funding annually in the CDBG account each year; (2) On June 15, 2023, HUD notified the City that it had failed its timeliness requirement for the second consecutive year; and (3) The City identified opportunities and process improvements in order to achieve a timely expenditure of $300,000 in available non-public service CDBG funds by April 2024.  He explained why other options are not recommended (1) Rental Assistance - Rental assistance is an ineligible activity for CDBG funding; and (2) Compass Pointe Village - Allocating CDBG funds to this project would have triggered prevailing wage requirements and environmental review - With construction already underway or completed for the project, federal prevailing wage requirements could not have been satisfied. The project was deemed ineligible for this purpose.  Using a chart, he then showed the CDBG awards for Fiscal Year 2023-24; the past CDBG awards for Fiscal year 2022-23; and the past CDBG-CV (COVID) awards for Fiscal Year 2019-20. He then outlined the public engagement of (1) project page; (2) targeted outreach; and (3) public meetings.  Staff recommendation is (1) The reallocation of $300,000 from recaptured prior years’ non-public service CDBG funds towards curbs and sidewalk replacements at 108 Patton Avenue for the purpose of expanding accessibility; and (2) This would reaffirm the City’s commitment to the Americans with Disabilities Act by undertaking activities that will remove architectural barriers, achieve compliance with HUD’s timeliness requirements, and assist with the preservation of City facilities.  Councilwoman Roney said that the Urban Forestry Commission (UFC) reviewed this and offered several good recommendations, from tree species to planting fewer trees. Public Works Director Greg Shuler said that the feedback from the UFC is always valuable. City staff (1) will follow up with the UFC on their recommendations regarding tree species (with consultation with the City’s Urban Forester and Arborist); (2) is open to design changes regarding the crosswalks; (3) will phase in short sections at a time; (4) will make every effort to schedule project construction to accommodate the holiday season for the businesses affected; and continue communications with business/property owners affected.  Councilwoman Turner supported the 108 Patton Avenue accessibility needs and the timeliness that these funds need to be expended; however, she believed these funds should be used for more affordable housing.  Mayor Manheimer opened the public hearing at 6:12 p.m.  Five individuals spoke for various reasons, some being, but are not limited to, the need for a solution to homeless programs; support for Helpmate; request that construction be held off until January to help businesses with tourists through the holiday season; recommendations from the UFC; and politive policing.  Mayor Manheimer closed the public hearing at 6:28 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Ullman","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2023-10-24","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing relative to adoption of the South Slope: A Southside Neighborhood Vision Plan - motion to remove from the agenda","desc":"After recognizing the years this has been in the workflow and the enormous amount of time by City staff and resources, a brief discussion was held on the need to focus on other items like moving more people safely through the neighborhood, stormwater mitigation, tree canopy repair, support for small businesses, buffers between development and neighborhoods, etc., it was the consensus of Council to pause on this item and help the Southside finish their neighborhood plan.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2023-10-24","mt":"regular","id":"IV-C","ref":"ORD 5046","it":"public_hearing","t":"Ordinance to conditionally zone 30 Buchanan Place from Institutional District to Institutional-Conditional Zone","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 30 Buchanan Place from Institutional District to Institutional District-Conditional Zone for the purposes of providing technical modifications to the zoning requirements in relation to the proposed capital improvements at McCormick Field. This public hearing was advertised on October 13 and 20, 2023.  Project Location and Contacts: - The project site totals 8.25 acres located at 30 Buchanan Pl (PIN 9648-47-8566) - Owner: City of Asheville  Summary of Petition: Project Site - The project area consists of 8.25 acres located at 30 Buchanan Pl and is identified in the Buncombe County land records as PIN 9648-47-8566. - The site is the location of McCormick Field, a minor league baseball venue. - Given the extent and value of the proposed renovations and additions at McCormick  Field, the site is required to come into full site compliance. - A number of these zoning requirements are infeasible to meet in both the field’s current  layout and the proposed additions to the stadium, mostly due to the geography of the site and physical constraints resulting from the siting of the existing stadium. - The project is requesting a conditional zoning from Institutional to Institutional - Conditional Zone (INST-CZ). - The conditional zoning is being proposed to provide technical modifications to zoning requirements under the Institutional zoning district. - The site is designated “Parks / Open Space” on the city’s Future Land Use (FLU) Map. - A change in the FLU designation will not be required.  Overall Project Proposal - The proposed work consists of an approximately $30-million renovation of McCormick  Field, which includes a new clubhouse building at the southern side of the site along the right field line, an enhanced outdoor seating area at the northern side of the site along the left field line, and an expanded concourse and entrance area at the western side of the site.  Site Layout and Design - There is no maximum building height in the Institutional district except in the transition  area designated as a 100' buffer around residentially zoned areas where maximum building height is that prescribed in said residential district. - Both the RM-8 district, located to the north of the site, and the RS-8 district, located to the south of the site, have maximum building heights of 40'. - The project is seeking a technical modification for a maximum building height of 60'. - Setback requirements in the Institutional district consist of a 15' front yard and 10' rear and side yards, as well as 7 ½’ corner yards. - The project is seeking a technical modification for required setbacks. - Maximum impervious surface in the Institutional district is 80%. The proposed project  would result in a total impervious area of 80%.  Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and  property line buffers. - The Institutional district requires a 30 foot-wide “Type B” landscape buffer where the  subject property is adjacent to RS-8-zoned property to the south and a 20 foot-wide \"Type A\" landscape buffer where the project site is adjacent to RM-8-zoned property to the north. - The project is seeking a technical modification for required landscape buffers. - The project site is classified as “suburban” under the Tree Canopy Preservation  standards and has a classification of “Class C” with a tree canopy requirement of 15%. The existing tree canopy (2018) is approximately 32%. Compliance is proposed through preservation of existing tree canopy. - Open Space is required at a rate of 50% of the site, or a rate of 20% of the site if the project meets the incentive requirements for enhanced stormwater. - Retaining walls are proposed around the outfield walls at heights not to exceed 20’. - The project is seeking a technical modification for the wall material and  foreground landscaping materials for retaining walls. - To the maximum extent possible, the Project will incorporate attached vegetative screening onto 30% of the area of the proposed 20’-tall retaining wall that is located behind the outfield walls.  Access, Sidewalks and Parking - Access to the site will be provided by an existing driveway and parking off of McCormick  Pl, as well as drop-off and loading along Buchanan Ave. - Sidewalks exist at a width of 5' along McCormick Pl. - The Project will coordinate its design and construction with the greenway connector that  is proposed along Buchanan Ave and Buchanan Pl. - Based on the proposed number of seats (4,000), the minimum and maximum number of  required parking spaces is 1,000/1,333 spaces. The project is providing 34 spaces on-site at the existing parking lot. - The project is seeking a technical modification for required parking spaces. - The project is seeking a technical modification for parking located in the required  setbacks. - The project is proposing a Traffic Control & Parking Plan which is intended for all users of  McCormick Field and Memorial Stadium to minimize negative impacts of a specific event on adjacent neighborhoods.  Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including: - Maximum building height of 60’ where height is otherwise limited to 40’ within the  100-foot transition area from adjacent residential zoning districts. - Elimination of required building setbacks. - No landscape buffers as required adjacent to residential zoning districts: - Approximately 300 linear feet of 30 foot-wide “Type B” landscape buffer along southern side of site. - Approximately 175 linear feet of 20 foot-wide “Type A” landscape buffer along northern side of site. - Reduction of minimum required parking spaces to 34 spaces provided on-site, where a minimum of 1,000 spaces is required. - Parking spaces located within the required front yard setback where they are otherwise prohibited. - No landscape screening or material requirements for interior-facing retaining walls.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Promote Access to Well-Maintained Parks and Open Space for All - by dedicating adequate resources to meet the maintenance demands of existing parks, including sufficient capital and operational funding consistent with best management practices and community standards for high level of service (p. 213). - Enhance and Celebrate Asheville’s Unique Places and Destinations - by continuing to create accessible urban places throughout the city and ensure that downtown services, amenities, and resources are designed to serve residents as well as visitors (p. 291). - The proposed development is compatible with the Future Land Use designations of “Parks and Open Space”, which is proposed, in part, that it “includes a wide variety of different park facilities, active and passive open space, and greenways. Parks and open space are a community need and new parks, including park maintenance, will be required to serve areas of the community in an equitable fashion” (p. 346).  Compatibility Analysis: - The proposed project is compatible with the surrounding land uses,including: - Memorial Stadium and Mountain Side Park, located directly east of the project site. - The commercial uses located through Asheville’s South Slope, located to the west of the project site. - The surrounding residential neighborhoods located to the north and south of the project site.  Committee(s): - Technical Review Committee (TRC) - October 16, 2023 - approved with conditions. - Planning & Zoning Commission (PZC) - October 18, 2023 - approved with the following  conditions (Vote 6:0): 1) That Condition #7 be revised to state that the project will adhere to the Traffic Control & Parking Plan; 2) That the Project will coordinate its design and construction with the greenway connector that is proposed along Buchanan Ave and Buchanan Pl; and, 3) To the maximum extent possible, the Project will incorporate attached vegetative screening onto 30% of the area of the proposed 20’-tall retaining wall that is located behind the outfield walls.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) Renovation to McCormick Field: new clubhouse building, enhanced outdoor seating, expanded concourse area; (2) No maximum height in INST district, except within 100’ of residential zoning; (3) Setbacks: 15’ front, 10’ side and rear, 7.5’ corner; (4) Landscaping requirements including street trees, street tree, parking lot, building impact, and property line buffers; (5) Open space at 50% of site; and (6) Tree Canopy Preservation at 15% canopy. A condition is that the Traffic Control & Parking Plan which is intended for all users of McCormick Field and Memorial Stadium to minimize negative impacts of a specific event on adjacent neighborhoods, to be approved by the City Engineer. Technical modifications include: (1) Maximum building height of 60’ where height is otherwise limited to 40’ within the 100-foot transition area from adjacent residential zoning districts; (2) Elimination of required building setbacks; (3) No landscape buffers as required adjacent to residential zoning districts: (a) Approximately 300 linear feet of 30 foot-wide “Type B” landscape buffer along southern side of site; and (b) Approximately 175 linear feet of 20 foot-wide “Type A” landscape buffer along northern side of site; (4) Reduction of minimum required parking spaces to 34 spaces provided on-site, where a minimum of 1,000 spaces is required; (5) Parking spaces located within the required front yard setback where they are otherwise prohibited; and (6) No landscape screening or material requirements for interior-facing retaining walls. The Technical Review Committee on October 16, 2023, approved with conditions. The Planning & Zoning Commission on October 18, 2023, approved with the following conditions: (1) That Condition #7  be revised to state that the project will adhere to the Traffic Control & Parking Plan (instead of “generally adhere”); (2) That the Project will coordinate its design and construction with the greenway connector that is proposed along Buchanan Ave and Buchanan Pl; and (3) To the maximum extent possible, the Project will incorporate attached vegetative screening onto 30% of the area of the proposed 20’-tall retaining wall that is located behind the outfield walls. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  At the request of Councilwoman Mosley, City Attorney Banham said that the City had received a lot of public feedback on this item concerning parking and traffic issues; however, those concerns relate to the use of Memorial Stadium, not McCormick Field. Because that is a separate parcel from the one being rezoned, It would be beyond the legal scope of the current rezoning petition. Therefore, he advised Council not to consider conditions on the application of this conditional zoning of McCormick Field related to parking plans for Memorial Stadium. The good news is that the City is also the owner of Memorial Stadium and we have no limitations on communicating with the community on these concerns. He suggested any requests for such be directed to the City Manager and she can ask staff to coordinate with the community.  Director of Community & Regional Entertainment Facilities Chris Corl spoke to Council about conversations held with the community regarding parking and traffic.  Councilwoman Roney felt that this expansion will make our facility more accessible for everyone.  Mayor Manheimer opened the public hearing at 6:54 p.m.  Three individual spoke to Council on various issues, some being, but are not limited to: public safety concerns; support for the upgrades to McCormick Field and request for follow through by staff to address the parking at Memorial Stadium and Mountainside Park; and need for a road diet on Biltmore Avenue from Hilliard to Choctaw.  Mayor Manheimer closed the public hearing at 7:03 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2023-10-24","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance to change the development regulations related to cottage development - motion to continue to January 23, 2024","desc":"Ordinance.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2023-10-24","mt":"regular","id":"IV-E","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance to change dimensional and other requirements related to the creation of flag lots - motion to continue to January 23, 2024","desc":"Ordinance.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2023-10-24","mt":"regular","id":"VI-A","ref":"RES 23-242","it":"resolution","t":"Resolution to (1) accept the report of Miller 3's Disparity Study; and (2) extend the race and gender conscious measures of the Asheville-Buncombe Inclusion Policy for an additional five-year period","desc":"Community & Economic Development Director Nikki Reid said this action is to receive a report of the executive summary of Miller 3 Consulting’s Disparity Study for the City of Asheville and adopt a resolution with two (2) key actions: (1) Accept the Disparity Study report conducted by Miller 3 Consulting; and (2) Extend/Continue the race- and gender-conscious measures of the Asheville Business Inclusion Policy that are currently set to expire on November 1, 2023, for an additional five (5) year period. - Accept the Disparity Study report conducted by Miller 3 Consulting. - Extend/Continue the race- and gender-conscious measures of the Asheville Business  Inclusion Policy that are currently set to expire on November 1, 2023, for an additional five (5) year period.  Background: - The City’s previous Disparity Study showed a compelling governmental interest for the  implementation of additional measures to cure systematic and discriminatory inequalities in the City’s public contracting. - The Disparity Study further provided the necessary legal basis for the City of Asheville to create a new Ashville Business Inclusion Policy which prescribed narrowly tailored race and gender conscious procedures by which the City may use to more adequately address the ongoing effects of marketplace discrimination on City contracts. - The Asheville City Council adopted the current Asheville Business Inclusion policy on October 27, 2020, with an effective date of January 1, 2021. - In order to comply with the five (5) year federal law limitation, and sunset provision within the Asheville Business Inclusion policy of November 1, 2023, the City entered into a contract with Miller 3 Consulting to conduct a new Disparity Study and to evaluate the City’s Asheville Business Inclusion Policy and program and make recommendations that would meet any applicable legal standard appropriate to the City of Asheville. - Beginning in October 2022, Miller 3 Consulting undertook a review of the City’s purchasing and contracting activities. - Staff from all departments were engaged in providing the necessary data to the firm in order for the analysis to be completed. - Miller 3 Consulting has completed their review and a Draft Final Report of the Disparity Study is complete. - The results of the Disparity Study show clear evidence of ongoing inequalities within the public contracting marketplace. - Based upon these findings, both Miller 3 and City staff recommend a continuation of the Asheville Business Inclusion Policy updated to address the most recent disparities. - Once the new Disparity Study is accepted and the existing policy extended, staff will develop an implementation plan based on the recommendations, which will include proposed policy revisions and programmatic improvements.  Vendor Outreach Efforts: N/A  Committee(s): - Equity and Engagement Committee, 10/17/2023, unanimously approved  Pro(s): - Given the continued existence of contracting disparities, the completed Disparity Study  provides the legal basis for the City to continue the operation of a race- and gender-conscious purchasing and contracting policy. - The 2023 Disparity Study will replace the previous study completed in 2018 and guide the particulars of any future revisions to the City’s Business Inclusion contracting policy.  Con(s): - Implementation of the recommendations will require staff time to consider next steps.  Fiscal Impact: - The Disparity Study was funded in FY 2022-23. Miller 3 Consulting was selected to  complete this work for a contracted total of $321,748. - While Council acceptance of the study and extension of the policy require no additional  City resources at this time, implementing the recommendations may require significant operating investments.  Ms. Reid reviewed the following key takeaways from her presentation: (1) The City is legally required to conduct a disparity study to extend the existing race- and gender-conscious contracting and purchasing policy; (2) The City engaged a consultant (Miller 3 Consulting) to conduct the required disparity study; (3) Based on the results, staff is requesting that City Council extend the race and gender conscious measures of the Asheville-Business Inclusion Policy (a) accept the 2023 Disparity Study as the legal basis to continue its race and gender conscious program; and (b) extend the race and gender conscious measures of the Asheville-Buncombe Inclusion Policy, that are currently set to expire on November 1, 2023, for an additional five-year period; and (4) Once the policy is extended, staff will develop an implementation plan for the recommendations of the 2023 Disparity Study.  Mr. Dave Miller, representing Miller 3 Consulting Inc. reviewed the approach and methodology, describing that a disparity study is a type of research study that is designed to assess whether there are disparities, or differences, in the participation rates and opportunities of various groups in a particular program or industry. The goal of a disparity study is to identify any barriers or obstacles that may be preventing certain groups from participating fully, and to develop strategies to promote greater diversity and inclusion.  Mr. Miller said the preliminary findings are (1) compliance - ensure compliance to the use of ABI Affidavits during the solicitation process; (2) subcontractor module - enforce usage of subcontractor module within MUNIS post award; (3) lack of resources - resource deficits  negatively impact monitoring and auditing tasks, under servicing, and unformalized performance metrics/goals; (4) limited reporting - limited internal and external dissemination of MWBE attainment data and reporting; (5) commodity codes entry and use (a) classify the entry of commodity codes as a required field during registration of a vendor; and (b) use of commodity codes during the creation of MUNIS contracts and for payments; (6) vendor scorecard - no formalized metrics and process for documenting vendor performance and to disseminate vendor performance “score cards” within the Asheville enterprise; (7) lack of transparency and community connection - perception of a lack of connectivity between certification and opportunities due to lack of forecasting and sharing ABI goals; and (8) low awareness and trust in City of Asheville procurement process - City of Asheville’s MFTA service providers lack awareness of program objectives and have no formalized relationships with providers.  Mr. Miller then reviewed the statistical findings and qualitative findings.  Mr. Miller said that recommendations include (1) newsletter; (2) ABI office fully staffed; (3) Frequently Asked Questions page for partners and visitors; (4) information listing who to contact for solicitations on website; (5) external facing formalized program - how to do business with the municipality (including video explanations in English and Spanish); (6) KPI’s and performance metrics; (7) tailored outreach to vendors sharing solicitation opportunities; (8) forecasting of opportunities to include timing of when opportunities come to market beyond strategic plan; and (9) post-award contract monitoring.  He then reviewed the policy, anecdotal, practice, and organizational statements. Mr. Miller said that based on the findings and recommendations, Miller 3 has tailored a recommended list of post-study support.  Ms. Reid said the current initiatives are (1) ARPA expansion of funding for the Mountain Community Capital Fund; (2) partnering with Carl Harris Construction Services for MWBE outreach and NC Historically Underutilized Business Certification (a) assisted in recruitment of new prime contractors to aid Cit in MWBE engagement; (b) outreach to prime and MWBE subs for attendance at outreach events; and (c) developed MWBE outreach list for projects;; (3) Quarterly MWBE vendor convenings (a) first session completed on August 16, 2023; and (b) second session is scheduled for November 8, 2023; (4) hiring of Business Inclusion Manager; and (5) budget set aside or Disparity Study implementation.  Ms. Reid said next steps include (1) upon acceptance of the draft disparity study report by City Council, staff will develop an implementation plan based on the recommendations of the report. (2) the City’s Business Inclusion Manager will be the staff person responsible for the Disparity Study implementation plan, with support front he Economic Development Division; (3) the implementation plan will be a cross-departmental effort and will be supported by the City Manager’s Office; and (4) staff will return to the Equity & Engagement Committee to provide regular updates on the timeline and actions of the implementation plan.  In response to Councilwoman Roney, Mr. Miller said that they have seen some success stories about building relationships in schools as well. He felt that you need to begin to publicize that you have viable, significant contract expenditures on an annual basis which you are looking for MWBE local businesses in this process.  In response to Councilwoman Roney, Ms. Reid explained how the Mountain Community Capital Fund fits into this picture and how this aligns with the economic development impact focus area of our Reparations Commission.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Economic Development","mo":"individual","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":19},{"d":"2023-10-24","mt":"regular","id":"VI-B-5047","ref":"ORD 5047","it":"ordinance","t":"Ordinance amending Section 16-146 regarding outdoor dining and creating an annual \"streetery\" permitting option","desc":"","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":20},{"d":"2023-10-24","mt":"regular","id":"VI-B-5048","ref":"ORD 5048","it":"ordinance","t":"Ordinance amending the Fees & Charges Manual for outdoor dining on public sidewalks and streets","desc":"Downtown Projects Manager Dana Frankel said that this is the consideration of adoption of an ordinance (1) amending the entire Section 16-146 of the Code of Ordinances regarding outdoor dining on public right of way for the purpose of updating existing outdoor dining requirements and creating an annual “streetery” permitting option; and (2) amending the Fees and Charges Manual for outdoor dining on public sidewalks and streets.  Background: - Outdoor dining and other permitted commercial uses of public space help contribute to a  safe and active environment in downtown and other commercial/mixed-use areas. - The City launched several temporary initiatives known as AVL Shares Space early in the  pandemic; these initiatives supported safe business operations and facilitated customer access, including expanded outdoor dining in the public right-of-way and on private properties. - An initial goal of launching the temporary initiatives was to learn from the experience and consider long-term implementation of successful tools and strategies that support a strong and resilient economy. - Staff requested feedback at the June 13, 2022 PED meeting on a process to transition elements of the AVL Shares Space program (including the use of on-street parking spaces) to a long-term program and received direction to move forward with the development of a program. - Staff developed the new program using lessons learned, best practices, and feedback from the Public Space Management Task Force - a group that includes members from several boards and commissions - and other community members that interact with the public realm. - This proposal for an updated outdoor dining program prioritizes accessibility, maximizes public benefits and improves the City’s ability to administer the program. - An outdoor dining guide provides detailed guidance on the application process, design standards and management practices; it can be updated as needed in order to be responsive to changing needs and best practices.  Committee(s): - Multi-Modal Transportation Commission, 08-23-2023, Unanimous Approval - Downtown Commission, 08-25-2023, Unanimous Approval - Planning and Economic Development Committee, 09-11-2023 Unanimous Support - Policy, Finance and HR Committee, 10-10-2023 - 3-0 approval to move forward to City  Council  Pro(s): - Continues to support safe, active commercial and mixed-use districts. - Continues to support businesses and the local economy. - Improves accessibility and overall design standards for outdoor dining in public right of  way. - Updates fees to more appropriately account for commercial use of public space and align  with values of the program and encourage multiple public benefits when possible. - Responds to lessons learned and feedback received from the AVL Shares Space  temporary initiatives as well as on-going input on downtown public space management. - Improves the outdoor dining application process, operations, and design standards  making the submission requirements management practices clearer for participants and staff.  Con(s): - Temporary loss of parking spaces - Some business may see an increased fee for permitting  Fiscal Impact: - If approved, the current fees for outdoor dining will be updated, including the  establishment of new fees for steeteries and public space use. - Fee changes will likely generate additional revenue for the General Fund, which will  partially offset the cost of review and enforcement. - Revenue generated by fees for steeteries will offset loss of on-street parking revenue in  the Parking Services Fund. - The amount of revenue generated will be dependent on the number of businesses that  participate in the program, but are unlikely to have a significant impact on either fund.  Staff Recommendation: - Staff recommends approval of the municipal code amendment to Section 16-146 to  amend the city's outdoor dining ordinance along with proposed fee changes and program updates because it is consistent with the Living Asheville comprehensive plan to support a downtown that is vibrant, sustainable, livable and accessible to residents and visitors alike, while furthering additional goals of the plan while aligning with Council’s Strategic Priorities as well. - In addition, it aligns with the Downtown Master Plan’s goal of nurturing a sustainable and resilient economy through active management of Downtown.  Downtown Projects Manager Dana Frankel provided City Council with the following key takeaways from this presentation (1) Updates are being made to the City’s existing outdoor dining program as applied to public right of way (streets and sidewalks); (2) Goals include: supporting activation and economic resilience; ensuring accessibility; maximizing public benefits; and improving management; (3) The updates were guided by community input and lessons learned before, during and after COVID-19; (4) The use of on-street parking spaces is being incorporated into the program; (5) Fees and annual permits are being established for streeteries, and updated  for sidewalk dining; (6) The fees and updated fee structure is designed to support program goals; and (7) Administration of the program is being clarified and improved.  Regarding the outdoor dining update, Ms. Frankel said the goals are (1) Support a welcoming, safe and active environment; (2) Prioritize mobility and access for all including those with disabilities; (3) Transition elements AVL Shares Space temp COVID program to long-term; (4) Support the success and resilience of Asheville’s local economy; (5) Improve the application, review and compliance process; (6) More appropriately account for the value of commercializing public space through an updated fee structure; and (7) Promote multiple public benefits whenever possible The following items are what are new: (1) outdoor dining ordinance (a) expanded framework for outdoor dining (including streeteries); and (b) codifies and clarifies management practices; (2) Updated fees and standards - supports goals and management of the program; and (3) Outdoor dining guide - provides detailed standards (requirements) and best practices (recommendations) for reference by businesses and the public. Key elements include (1) Standards (a) prioritizes safety and accessibility; and (b) clearer guidance for businesses and staff; (2) Public vs. Private Use (a) Encourages multiple public benefits; and (b) Potential “public space improvement” fund; (3) Fees (a) Incentivizes efficiency use of space; and (b) Supports program goals; and (4) Process and Management - Improves management and clarifies protocol.  . The proposed fees are seen in the chart below:  Item Annual Fee Applicable  Sidewalk Dining $7 per sq. ft. Outdoor dining furniture on public sidewalks  Streetery-One Parking Space $3,000 For the conversion of one public parking space to outdoor dining  Streetery-Two Parking Spaces $4,500 For the conversion of two public parking spaces to outdoor dining  Public Space Use Fee $500 When an area is closed to the public outside of business hours  Ms. Frankel then went through the streetery cost recovery charts for the cost and fees/revenue; along with a chart for the sidewalk dining cost recovery.  She then went through the process and management for review, inspection and compliance, followed by a timeline of the project, with the new permit period beginning in January of 2024.  Ms. Frankel responded to various questions/comments from Council, some being, but are not limited to: what is the window for change if a business decides not to proceed with their sidewalk dining; suggestion that Phase 2 of this program be to look at it from an equity lens for  food trucks that might not have investable income; suggestion to study the fees for conversions of parking spaces; and explanation of their benchmarking fees.  Ms. Francle noted that regarding the annual public use fee, since we don’t know what to anticipate in terms of revenue, there is potential that that could go back into a public space improvement fund or an equitable grant fund.  When Mayor Manheimer asked for public comments, none were received.  Mayor Manheimer said that members of Council have previously received a copy of the ordinances and they would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2023-10-24","mt":"regular","id":"VI-C","ref":"RES 23-243","it":"appointment","t":"Resolution appointing a member to the Planning & Zoning Commission (Byron Greiner appointed, 6 votes)","desc":"Vice-Mayor Kilgore said that at the October 10, 2023, City Council meeting, Alvarez Abernathy was appointed to the Planning & Zoning Commission. Since his appointment, it has been confirmed that Mr. Abernathy is not a City of Asheville resident. According to the code of ordinances (Sec. 7-3-2) and the rules of procedure [emphasis added]: \"The Asheville Planning and Zoning Commission shall consist of seven members. Five members who are residents of the City of Asheville shall be appointed by the Asheville City Council. The remaining two members shall be residents who reside within one mile of the municipal limits of the City of Asheville and appointed by the Buncombe County Board of Commissioners pursuant to N.C. Session Law 2013- 30. All members shall have equal rights, privileges, and duties.  The following are candidates eligible for appointment and the votes are as follows: Joseph Chesler received 0 votes; John-Michael Henson received 0 votes; Scott Lewandowski received 0 votes; David Moritz received 0 votes; Byron Greiner received 6 votes; and Andrew Fletcher received 1 vote. Therefore, Byron Greiner was appointed as a member of the Planning & Zoning Commission to serve a three-year term, term to expire August 14, 2026, or until Byron Greiner’s ’s success has been appointed.","c":"Boards & Appointments","mo":"individual","mv":"","sec":"","r":"passed","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1eb5D0BQIKyNUql_8xnoTDRjOIJfoeGPy/view?usp=drive_link","mat":1,"mr":"contested vote","sq":22},{"d":"2023-11-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the minutes of the agenda briefing worksession","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-11-14","mt":"regular","id":"II-B","ref":"RES 23-244","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"ONE-YEAR OPTIONS TO RENEW) WITH sCUBE INC. TO IMPLEMENT THE DEPARTMENT OF DEVELOPMENT SERVICES CLARITI PERMITTING PLATFORM REPLACEMENT SOFTWARE  Background: - DSD requests funding to procure an end-to-end software as a service (SaaS) platform to  replace the current Accela platform and fully digitize permitting, inspections and code enforcement processes. - The new platform will increase permitting efficiency and improve access to development project information for community members and development professionals. - DSD facilitated a comprehensive evaluation process that included internal and external organizational stakeholders to select sCube, Inc. to implement the web-based Clariti permitting platform. - DSD selected sCube Inc. to implement the Clariti platform based on evaluation rubric, on-site product demonstration and reference check performance.  Vendor Outreach Efforts: - DSD worked with the Purchasing Division to develop the RFP, which included MWBE  contracting criteria and followed the City’s business inclusion (ABI) processes. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - DSD and Purchasing co-hosted a pre-bid meeting for interested vendors to review ABI criteria. - DSD received ten bids total, but disqualified three for not meeting ABI criteria. - One bidder identified as a Disadvantaged, Woman or Minority Business Owner. - The selected vendor sCube Inc. is not a minority vendor; however, they will make Good  Faith Efforts to utilize minority suppliers where possible.  Committee(s): N/A  Pro(s): - Supports digital processing needs, improves permitting efficiency, enhances community access  to information and replaces existing end-of-life software.  Con(s): - None.  Fiscal Impact: - Funding for the term of this contract will be funded from the Development Services  Development Technology Fund. - The contract will be funded utilizing revenues from the 4% technology fee applied to most  development fees. - The contract will operate on a one-year term with four one-year options to renew.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-11-14","mt":"regular","id":"II-C","ref":"RES 23-245","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - A section of roadway slope failed as a result of Tropical Storm Fred. Temporary repairs  have been made, permanent repairs are funded through the Capital Improvement Program. - The City has obtained easements from all but one property owner whose properties would be impacted by the project. - All property owners were provided with offers of financial compensation for the needed easements, based on assessed value or appraisals. - This project permanently repairs the roadway slope of Vance Gap Road  Committee(s): - None  Pro(s): - Will facilitate the completion of a needed slide repair project, and safeguard the project  schedule.  Con(s): - Will result in the commencement of eminent domain actions against one property owner.  Fiscal Impact: - Funding for the required easements, estimated at $8,000, was previously budgeted and  is available in the General Capital Projects Fund.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-11-14","mt":"regular","id":"II-D","ref":"RES 23-246","it":"resolution","t":"Resolution authorizing the exception (consent)","desc":"Background: - The City owns and operates three Vacuum Suction Trucks equipped with Vac-Con  Equipment. - City of Asheville Unit# 1437 requires replacement of the Vacuum Compressor Assembly. - Vacuum components are manufactured by Vac-Con and are only available through  authorized dealers. - Southern Vac is the only distributor authorized to sell new equipment and parts, and  provide warranty and repair services for Vac-Con Components in our geographic area. - Use of OEM (original equipment manufacturer) parts is recommended to maintain the  equipment up to the manufacturer’s warranty standards. - Manufacturer warranty varies based on type of equipment as well as type of product or  service provided. - Warranty terms are provided at time of purchase.  Vendor Outreach Efforts: - This is an exception to the competitive bidding process to allow procurement from the  sole distributor authorized to sell OEM parts.  Committee(s): - None  Pro(s): - This resolution will allow the Fleet Division to efficiently purchase the parts required to  repair and maintain the City’s existing Vac-Con equipped Vacuum Suction Trucks - City of Asheville Unit# 1437 will be repaired and returned to service. - This will assist in allowing the City to meet obligations of a federally mandated stormwater permit.  Con(s): - None  Fiscal Impact: - Funding for these purchases, estimated at $60,000, is available in the Public Works  Department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-11-14","mt":"regular","id":"II-E","ref":"RES 23-247","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The City of Asheville owns a water system booster pump station asset, known as the  East Asheville Booster Pump Station or EABPS. - The East Asheville Booster Pump Station has been non-operational since approximately  2010 and is currently considered decommissioned. - A large-scale water system outage occurred at the end of December 2022 and beginning  of January 2023 that impacted Asheville’s Water Resources service area. - As a result of the water outage, Asheville City Council voted to form a Water Outage  Independent Review Committee whose task would be to analyze the event and make recommendations for water system improvements, which would reduce the risk of future large-scale outages. - One of the recommendations from this committee was to conduct an evaluation of the East Asheville Booster Pump Station for the purpose of producing a Preliminary Engineering Report (PER), detailing what will be needed to refurbish the East Asheville Booster Pump Station and return it to useful service for system redundancy. - The authorization and execution of this professional services contract for the development of the PER will fulfill the Water Outage Independent Review Committee’s recommendation. - The Water Resources Department has prioritized this water system analysis project for the current fiscal year and is seeking engineering services for the project. - This project will become part of the Water Resources Department’s ongoing Capital Improvement Program.  Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020, the City  of Asheville selected several consulting firms to provide on-call professional services for General Services Projects. - Hazen and Sawyer was one of the selected firms due to their expertise in areas of master planning, hydraulic modeling, water system analysis, pump stations, pump system controls and on staff expertise in electrical and mechanical systems. - The City of Asheville entered into a master agreement with Hazen and Sawyer on September 28, 2020 for on-call professional services for General Services valid for three years with the option to renew for two additional years. - The City of Asheville renewed the master agreement with Hazen and Sawyer on September 28, 2023 for an additional year. - If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for General Services was the best method to deliver this project in the recommended time frame and that Hazen and Sawyer is specifically qualified to provide the required engineering services. - No other vendor outreach was performed.  Committee(s): - None.  Pro(s): - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. - Hazen and Sawyer have successfully provided engineering services for other water system improvement projects. - Their experience with the Asheville water system and expertise in water distribution projects will lead to a reliable assessment of the feasibility of recommissioning this facility.  Con(s): - Failure to award an engineering services contract would prevent the Water Resources  Department from making an informed decision about the future of this facility.  Fiscal Impact: - Funding for this contract is available in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-11-14","mt":"regular","id":"II-F","ref":"RES 23-248","it":"resolution","t":"Resolution authorizing execution of (consent)","desc":"Background: - The City annually budgets for the purchase of necessary vehicles and equipment and  typically finances these purchases through an installment loan program. - The Covid-19 pandemic and supply chain issues have slowed the purchase and  delivery of new vehicles and equipment over the last several years. - As a result, the City has cash funded some purchases and delayed entering into any  new installment loans; with the last installment loan being approved by City Council in June 2020. - As the pace of vehicle and equipment expenditures has returned to a more normal level, the City moved ahead in October with a Request for Proposal (RFP) seeking competitive bids for a new installment loan financing totaling $8,300,000. - Six proposals were received and reviewed. - The most favorable proposal was submitted by TD Equipment Finance at interest  rates not to exceed 4.30% per annum. - Most of the expenses associated with this loan have already been incurred, and the  proceeds will be used to reimburse the City for those expenses.  Pro(s): - Provides funding of capital expenditures at a favorable interest rate. - Spreads capital costs over the purchased asset life.  Con(s): - Increases the lifetime cost of acquisition through interest and cost of debt issuance  expenses.  Fiscal Impact: - Debt service payments on this loan are already accounted for in the City’s multi-year  Capital Improvement (CIP) and Debt model.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-11-14","mt":"regular","id":"II-G","ref":"RES 23-249","it":"resolution","t":"Resolution of intent to permanently (consent)","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Mr. Jeremy Cohen (owner of 158 Sulphur Springs Road) wishes to permanently close an unopened right-of-way that runs roughly north-south between Sulphur Springs Road and Lane Avenue between the following properties: - 158 Sulphur Springs Road (Applicant) - 160 Sulphur Springs Road - 17 Lane Ave - 23 Lane Ave - All property owners abutting the unopened right-of-way have signed affidavits approving of the proposed closure. - The Applicant has indicated that the purpose of the closure is to allow for the construction of additional housing units on the property. - The City has not yet received a development application. - If the Council approves the closure, the unopened right-of-way will be divided among the  4 properties and a new plat will be filed. - The Technical Review Committee (TRC) reviewed the application at their meeting on July  17, 2023 and recommended that proposal move forward. - As part of this review, staff determined that there are no utility conflicts present  and that no viable transportation-related connection could be achieved using this right-of-way due to the topography. - Additionally, there are other parallel transportation connections nearby therefore a connection using this right-of-way would have limited demand. - Therefore, staff determined that there would be no negative public impact from its closure. - Additionally, as part of the TRC review, it was noted that there was an unpermitted retaining wall within the unopened right-of-way adjacent to the residence at 23 Lane Avenue (not the applicant). Records indicate that the property was issued a stop work order in 2021. - A permit could not be issued due to the wall having been constructed in the right-of-way. - Approval of this right-of-way closure request would also bring the wall into compliance and a permit could be issued. - The Multimodal Transportation Commission (MMTC) reviewed the request on August 23, 2023, and voted to recommend that the City Council deny the right-of-way closure request (5-2). - The MMTC recommendation to deny the request was largely due to concerns regarding the presence of the unpermitted retaining wall at 23 Lane Avenue and the desire to have staff complete a comprehensive study of all unopened rights-of-way within the City to identify possible opportunities for transportation connections to be made, particularly for bicyclists, pedestrians, and people with disabilities. - Staff advised the MMTC that the unpermitted wall would be brought into compliance if the right-of-way were closed and that the presence of the unpermitted wall did not seem to be within the scope of the factors that the City Council would consider, per statute, in deciding to close the right-of-way. - Separately, staff advised the MMTC that a comprehensive review of all unopened rights-of-way within the City would be an extensive project that is not currently on staff's work program.  Committee(s): - Technical Review Committee, July 17, 2023, unanimously recommended approval. - Multimodal Transportation Commission, August 23, 2023, recommended denial (5-2) -  see above.  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way. - The existing unpermitted retaining wall that was constructed within the unopened  right-of-way would become compliant and a permit can be issued.  Con(s): - None.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-11-14","mt":"regular","id":"II-H","ref":"RES 23-250","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The NCDOT funds and manages an annual program that places recent university  graduates with an interest in public transit within a city/transit agency for one year as a full-time, paid staff member. - The City must apply for the program by December 1, 2023 to potentially be approved as a participant. - If approved, NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - The total salary for the apprentice is determined by NCDOT at a rate of $49,920 + benefits/travel of $4,911 = a total cost of $54,904.The City’s total cost for hosting an apprentice will not exceed $5,491 (10%). - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Planning Division of the  Transportation Department and would assist the division with ongoing work plan items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. - If approved by NCDOT, the Transit Apprentice would begin work in early summer 2024.  Vendor Outreach Efforts: - N/A  Committee(s): - None  Pro(s): - 90% of apprentice costs are covered by NCDOT. - Provides support to the Transit Planning Division to assist in transit-related projects and  programs.  Con(s): - The City provides 10% of the cost, not to exceed $5,491.  Fiscal Impact: - If the grant is awarded, the City is required to provide 10% of the grant amount in  matching funds (up to $5,491). - Matching funds will be considered during the FY 2024-25 budget development process.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-11-14","mt":"regular","id":"II-I","ref":"RES 23-251","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The City is the Designated Recipient of Federal Transit Administration (FTA) grant  funding that is allocated to the urbanized area. - As the Designated Recipient, the City is responsible for administering the funding and  processing the grants for the City’s transit program, as well as those of other area transit agencies (subrecipients). - The City is responsible for the timely administration of all grant funding and for ensuring that the City and all of the eight subrecipients are complying with the requirements of the FTA funding. - There have been numerous staffing transitions in the Transit Grant position over the last five years, and the number of FTA grants being administered has increased significantly since the pandemic. - This has created the need for additional grants management support and training of new transit staff as well as additional support for assisting with the increased number of grants awarded to the area. - In order to allow for continued processing of grants, continue working with transit subrecipients, provide oversight and compliance monitoring, and provide training to new staff, the Transit Division issued an initial Request for Proposals (RFP) seeking qualified professionals with FTA grant experience to provide grant administration support and training to transit staff in early 2023. - On June 13, 2023, Council adopted a resolution authorizing a contract with the consultant selected through the first RFP process. - Unfortunately, following execution of the contract, the consultant could no longer provide the specialized staff that were needed for the project. - Therefore, the City requested termination of the contract. - This required that Transit staff re-issue the RFP and start the process over. - Therefore, the second RFP was issued at the beginning of September. Proposals were  due September 25th and six proposals were received, including one DBE firm. - Based on the RFP scoring rubric, which ranked respondents based on experience and  qualifications, project approach, and cost, HTG was selected by the selection committee and a one-year contract with options to renew for two additional years is proposed. - The first year of the contract is proposed to be $124,600 for FY 24 and is budgeted in the Transit Operations Budget.  Vendor Outreach Efforts: - The Request for Proposals was posted on the NC HUB website and direct outreach was  done to individual certified DBE firms with experience related to federal transit grants and compliance. - A total of six proposals were received including one proposal from a certified DBE firm. - A selection committee of staff from Finance, Budget, and Transit reviewed and ranked  proposals, ultimately selecting Hendrickson Transportation Group (HTG). - The selected contractor is not a MWBE/DBE firm.  Committee(s): - N/A  Pro(s): - The selected consultant will provide needed grant administration support while also  training existing staff.  Con(s): - Funding for the consultant contract is partially funded through savings from the vacant  Transit Grants Analyst position.  Fiscal Impact: - Funding for the first year of this contract is available in the Transit Services Division’s  operating budget. - Future years will be planned for during the annual budget development process.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-11-14","mt":"regular","id":"II-J","ref":"RES 23-252","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - There is a need to provide around the clock security service at the City’s parking facilities,  including four parking garages and 10 surface parking lots. - The City currently has three full-time security guard positions in Parking Services, which  have been difficult to fill. - Over the last two years, only one of the three security guard positions has been filled and  that individual remained in their role for two months. - Given hiring challenges, the City is now pursuing contracted services to ensure security  needs are met in the City’s parking facilities. - The scope of work for contracted services includes two security officers for each 8-hour  shift (three shifts per 24 hours) who will routinely patrol all parking facilities, assist with routine traffic control, observe and report any unusual or suspicious activity, respond to any type of disturbance in the parking facilities, and assist customers and City parking staff with safety concerns. - The initial term of the contract will be a one-year time period with two, one-year optional extensions. - Walden Security was selected by a panel of six reviewers based on qualifications, action plan, references, and pricing.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids with this prime contractor and all work will be self performed by the prime contractor (Verified by the ABI review team).  Committee(s): - N/A  Pro(s): - Provides a safer environment for customers and Parking Services staff. - Provides an enhanced customer experience. - Loitering activity should decrease. - Property damage should decrease.  Con(s): - Cost of contracting the security services.  Fiscal Impact: - Funding for the first year of this contract, not to exceed $481,834, is available in the  Parking Services operating budget. - Future years will be planned for during the annual budget development process. - The total cost of the contract with renewals is not expected to exceed $1,445,502.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-11-14","mt":"regular","id":"II-K","ref":"RES 23-253 / ORD 5049","it":"resolution","t":"Resolution authorizing supplemental agreement with NCDOT for Greenway Connectors Project; and budget amendment for the Greenway Connector Project (consent)","desc":"","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-11-14","mt":"regular","id":"II-L","ref":"RES 23-254","it":"resolution","t":"Resolution approving the (consent)","desc":"Background: - On September 19, 2023, the Equity and Engagement Committee (EEC) reviewed two  options for allocating $50,000 in remaining funds from the first round of the revised Strategic Partnership Grant. - Following their review of the two options presented, the EEC directed staff to provide additional background information related to the applications from the first round (Summer 2022) and second round (Spring 2023) of grant funding. - In response to this request, staff prepared a detailed appendix that includes links to all of the materials requested by the EEC. - The EEC also directed staff to conduct additional engagement related to the allocation of the $50,000 available from previous grant cycles. - Following this direction, staff surveyed applicants and also included those responses in the appendix. - During the October 13, 2023 EEC meeting, staff provided a brief update on the award data associated with Round 1 (Summer 2022) and Round 2 (Spring 2023) grant cycles. - All of the Round 2 Strategic Partnership Grant award agreements are now under contract and three of the six award agreements have requested and received payment. - During the October 13 EEC meeting, staff also presented the committee options to reallocate the remaining $50,000 available from previous grant cycles. - The EEC voted unanimously to recommend the allocation of $50,000 in Strategic Partnership Grant program funding for Asheville PEAK Academy. - Asheville PEAK Academy intends to use Strategic Partnership Grant funding to support its \"It Takes A Village\" initiative. - This program focuses on offering competitive wages and benefit packages to hire and retain highly qualified staff. - This program will directly serve 10 highly qualified staff members who will educate approximately 216 scholars from public housing or low-income communities in Asheville for the current school year.  Committee(s): - Equity and Engagement on 10-13-2023 - Heard staff recommendations; approved  unanimously as described in suggested motion below.  Pro(s): - This option allows for the redistribution of round 1 grant cycle funds based on  recommendations from the Equity and Engagement Committee.  Con(s): - None.  Fiscal Impact: - Funding for this allocation is available in the Strategic Partnership Program.  Suggested Motion: - Motion to approve the recommended allocation of $50,000 available from previous  Strategic Partnership Grant Program cycles for Asheville PEAK Academy and authorize the City Manager to execute the grant agreement.  Councilwoman Roney noted that the Equity & Engagement Committee had a good conversation about finding resources for what we all care about - and we care about our kids. She appreciated the Committee’s recommendation to find more funding for our strategic partnerships, especially in addressing situations that our youth are dealing with and the opportunity gap in our schools.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-11-14","mt":"regular","id":"II-M","ref":"RES 23-255","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The Swannanoa River Greenway Construction Project will install approximately one mile  of greenway along the Swannanoa River where no bicycle or pedestrian facilities currently exist. - The City of Asheville entered into a design contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area. - Construction bids for the greenway were received August 31, 2023. - The project was awarded to Baker Grading at the September 26, 2023 City Council  meeting. - All property owners were provided with offers of financial compensation for the needed  easements, based on assessed value or appraisals obtained from a North Carolina licensed appraiser. - Despite best efforts, the City has exhausted all opportunities to acquire the needed property rights through voluntary acquisition, therefore condemnation is necessary in order to protect the project schedule.  Committee(s): - None  Pro(s): - Will facilitate the completion of a needed greenway installation project and safeguard the  project schedule.  Con(s): - Will result in the commencement of eminent domain actions against eight properties.  Fiscal Impact: - The expected value of the needed easements is approximately $340,000. The appraisal  value for the needed easements on each parcel is as follows: 9658-32-2985: $139,900; 9658-23-0140, 9658-13-9185, 9658-23-1310, 9658-23-1153,  9658-12-7767 combined: $154,200; 9658-22-6896: $20,275; 9658-23-3003: $23,750 - Funding for these easements was previously budgeted and is available in the General  Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2023-11-14","mt":"regular","id":"II-N","ref":"RES 23-256","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The City engaged a consultant to perform an assessment of the City-operated parking  garages. - During the consultant’s field investigation they identified critical repairs that require  immediate attention at the Wall Street, Rankin Avenue, and Harrah’s Cherokee Center garages. - A request for bids was issued and the lowest, responsive bidder, Cinderella Partners, Inc., was awarded a contract at the October 14, 2023 Council meeting. - Following contract award, staff reported unusual movement in the Level 2 parking ramp at the Wall Street garage. - The engineer performed an on-site inspection and found that damaged concrete joints identified during the assessment and included in a future phase of garage construction, had degraded since the field investigation. - The engineer issued a recommendation that 1) traffic be immediately diverted around the most vulnerable areas in the garage; 2) shoring posts be installed to provide additional temporary support; and 3) supplemental steel angles be fabricated and installed as soon as possible under the damaged joints in the parking deck. - The scope of work is similar in nature to the steel and concrete repairs included in the contract awarded to Cinderella Partners. - The change order was reviewed for reasonableness of cost and was executed without delay to ensure a quick response to the engineer’s recommendations.  Vendor Outreach Efforts: - When the project was advertised for bidding, staff performed outreach to minority and  women owned businesses through solicitation processes using the State’s Interactive Purchasing System and requiring prime contractors to outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Cinderella Partners, Inc. is a Woman-Owned Business Enterprise based out of Indian Trail, NC. - No other MWBE subcontractors submitted bids with this prime contractor.  Committee(s): - None  Pro(s): - These repairs increase the safety and longevity of the Wall Street parking garage.  Con(s): - The work creates a temporary loss of parking spaces in the Wall Street garage, and a  loss of associated parking revenue. - The work creates a temporary inconvenience for parking patrons.  Fiscal Impact: - Funding for this change order has been identified within the Parking Services Capital  Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2023-11-14","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to conditionally rezone 2 Butler Road from Community Business II District to Residential Expansion-Conditional Zone - motion to continue to December 12, 2023","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2023-11-14","mt":"regular","id":"IV-A-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from the 2 Butler Road rezoning due to conflict of interest","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Ullman","sec":"Turner","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1xilnxchKB-iTd_hFtp8xVrbwcNZ3wOQs/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2023-12-12","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held Nov 9, 2023 and the formal meeting held Nov 14, 2023","desc":"Background: - This base contract includes provisions for the pressure washing of City-owned sidewalks  in the Central Business District (CBD) and weed control on City-owned sidewalks and  curb lines. - Alternate bids were included for two additional pressure washing cycles of Zone A,  general cleanup services to remove loose litter and debris from City-owned sidewalks,  the cleaning of City-owned garbage and recycling cans, and “hot spot” litter collection. - The alternate bids will be accepted from the lowest responsive bidder on the base price  provided the costs of the alternate services fit into the project budget. - The contract has the possibility of 2 one-year extensions. - The contract carries an automatic 3% price increase for each extension. - The contract was advertised on September 27, 2023 and bids were opened on October  30th, 2023 - The following bids were received:  Base Bid Alternate Bids  WNC Landscaping, LLC of  Weaverville NC $102,504.00 $154,491.00  MSLean, LLC of Asheville, NC $128,938.00 $191,582.00  Xtreme Eco Blasting, LTD of  Charlotte, NC $145,000.00 $127,780.00  B.H. Graning Landscapes of  Sylva, NC $592,615.00 $257,585.00  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - In addition staff searched the NCDOT vendor database, the NC HUB database and the  City of Asheville ABI vendor database for potential contractors. - Three MWBE companies attended the mandatory database and one submitted a bid. - The lowest responsive bid was not a MWBE company. - No MWBE firms submitted bids with this prime contractor and all work will be self  performed by the prime contractor.  Committee(s): - N/A  Pro(s): - Provides the pressure washing of the CBD. - Provides for the cleaning of City-owned garbage and recycling cans, which are a source  of complaint. - Provides for cleaning of litter hotspots throughout the CBD.  Con(s): - Pressure washing can cause short disruptions for pedestrian traffic.  Fiscal Impact: - Funding for this contract is available in the Public Works Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2023-12-12","mt":"regular","id":"II-B","ref":"RES 23-257","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with WNC Landscaping LLC (consent)","desc":"Background: - This base contract includes provisions for the pressure washing of City-owned sidewalks  in the Central Business District (CBD) and weed control on City-owned sidewalks and  curb lines. - Alternate bids were included for two additional pressure washing cycles of Zone A,  general cleanup services to remove loose litter and debris from City-owned sidewalks,  the cleaning of City-owned garbage and recycling cans, and “hot spot” litter collection. - The alternate bids will be accepted from the lowest responsive bidder on the base price  provided the costs of the alternate services fit into the project budget. - The contract has the possibility of 2 one-year extensions. - The contract carries an automatic 3% price increase for each extension. - The contract was advertised on September 27, 2023 and bids were opened on October  30th, 2023 - The following bids were received:  Base Bid Alternate Bids  WNC Landscaping, LLC of  Weaverville NC $102,504.00 $154,491.00  MSLean, LLC of Asheville, NC $128,938.00 $191,582.00  Xtreme Eco Blasting, LTD of  Charlotte, NC $145,000.00 $127,780.00  B.H. Graning Landscapes of  Sylva, NC $592,615.00 $257,585.00  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - In addition staff searched the NCDOT vendor database, the NC HUB database and the  City of Asheville ABI vendor database for potential contractors. - Three MWBE companies attended the mandatory database and one submitted a bid. - The lowest responsive bid was not a MWBE company. - No MWBE firms submitted bids with this prime contractor and all work will be self  performed by the prime contractor.  Committee(s): - N/A  Pro(s): - Provides the pressure washing of the CBD. - Provides for the cleaning of City-owned garbage and recycling cans, which are a source  of complaint. - Provides for cleaning of litter hotspots throughout the CBD.  Con(s): - Pressure washing can cause short disruptions for pedestrian traffic.  Fiscal Impact: - Funding for this contract is available in the Public Works Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2023-12-12","mt":"regular","id":"II-C","ref":"RES 23-258","it":"resolution","t":"Resolution directing the City Attorney (consent)","desc":"Background: - In 2016, the City Council adopted Resolution 16-64 which established a joint task force  with Duke Energy and Buncombe County to collaborate on solutions to reduce energy  consumption in the region and increase deployment of renewable energy. - In 2018, the City Council adopted Resolution 18-279 establishing a 100% renewable  energy goal for all municipal operations by 2030 and to support the County’s  communitywide goal by 2042. - In 2023 the City Council adopted Resolution 23-70 adopting the Municipal Climate Action  Plan which identifies engaging in state level and utility policy as a high impact activity. - Session Law 2021-165, more commonly referred to as House Bill 951 required Duke  Energy to develop a Carbon Plan outlining how utilities would achieve a 70% reduction in    \f carbon dioxide emissions by the year 2030 and carbon neutrality by 2050 and to be  updated every two years. The first Carbon Plan was developed in 2022. - Every two years Duke Energy submits an Integrated Resource Plan (IRP) to  communicate strategies for delivering reliable electricity at the lowest cost (typically a 10  to 20 year horizon). - In 2023 the North Carolina Utilities Commission approved Duke Energy’s request to  submit the Carbon Plan and Integrated Resource Plan at one time and it was named the  Carbon Plan Integrated Resource Plan (CPIRP). - The proposed CPIRP includes three pathways. All scenarios include a mix of electricity  generated from both renewable and nonrenewable sources in 2030 thus the City will  need to procure additional renewable energy to meet its 100% renewable energy goal by  2030. - The North Carolina Utilities Commission (NCUC) hosts statutory reviews prior to  approving carbon plans and integrated resource plans from utilities. - To participate, the City must petition to become a formal intervenor by demonstrating they  are a stakeholder in the proceeding. - Intervention in the review allows the City to help shape the final CPIRP content,  potentially accelerating the transition to renewable energy in our utility territory. - NCUC tends to give greater weight to public comments provided through this more formal  intervention process, so the City’s participation is critical to advance efficiency and  renewable generation strategies aligned with our policies. - This is an opportunity to strengthen and highlight the success of the current partnership  with Duke Energy and advocate for affordable, renewable electricity. - The City will partner with Buncombe County to provide consistent and coordinated  comments on behalf of both the City of Asheville and Buncombe County. - If approved, this intervention will be the third time the City has officially intervened in a  docket at the NCUC. The City’s comments continue to be reflected in Duke’s continual  plan development.  Vendor Outreach Efforts: - Not applicable  Committee(s): - Environment and Safety, November 28, 2023 - 3-0 to approve and move forward to City  Council  Pro(s): - Supports Resolution 17-104 Encouraging a State Goal of 100% Renewable Energy by  2050 - Supports Resolution 18-279 Establishing a 100% Renewable Energy Goal - Supports Resolution 20-25 Declaration of a Climate Emergency - Action prioritized in Moving to 100% Renewable Energy Roadmap - Action prioritized in the Municipal Climate Action Plan  Con(s): - This will consume staff time to file the petition to intervene, draft comments, and monitor  the docket  Fiscal Impact: - This action requires no City resources and has no fiscal impact.   \fMotion: - Motion to adopt a resolution directing the City Attorney to formally intervene in the North  Carolina Utilities Commission Docket E-100 Sub 190 of Duke Energy’s Carbon Plan  Integrated Resource Plan - RESOLUTION AUTHORIZING THE CITY  MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH  ASHEVILLE CITY SCHOOLS FOR USE OF ASHEVILLE MIDDLE SCHOOL AS  PART OF THE NATIONAL PARK & RECREATION ASSOCIATION GRANT  FOR THE GO! GUIDING OTHERS MENTORSHIP PROGRAM  Background: - The Parks & Recreation Department was awarded a $70,000 grant to support a youth  mentoring program over the course of 2.5 years. - Funding for this program (Grant #15PJDP-22-GG-03735-MENT) is provided by the Office  of Juvenile Justice and Delinquency Prevention (OJJDP), a component of the Office of  Justice Programs, U.S. Department of Justice. - The program will target youth who are currently misusing or dependent on substances,  youth with family members experiencing substance use disorder, and youth living in  communities with high rates of drug/opioid overdose mortality. - The mentorship program will work with youth at Asheville Middle School as an alternative  to suspension in a sixteen week group mentoring program during the academic day using  the NRPA Mentoring Youth Framework and restorative practices. - The term will be for two (2) years and the program started this 2023-24 academic year. - Parks & Recreation will provide staff to lead programming and provide all supplies,  materials, and equipment associated with the curriculum and/or activities - Asheville City Schools will identify students for the program and will provide space during  the academic day for programming  Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - Continues partnership with Asheville City Schools - Access to programming at Asheville Middle School will remove barriers to participation  Con(s): - None  Fiscal Impact: - Funding for this program was previously budgeted and is available in the Special  Revenue Fund.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2023-12-12","mt":"regular","id":"II-D","ref":"RES 23-259","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The Parks & Recreation Department was awarded a $70,000 grant to support a youth  mentoring program over the course of 2.5 years. - Funding for this program (Grant #15PJDP-22-GG-03735-MENT) is provided by the Office  of Juvenile Justice and Delinquency Prevention (OJJDP), a component of the Office of  Justice Programs, U.S. Department of Justice. - The program will target youth who are currently misusing or dependent on substances,  youth with family members experiencing substance use disorder, and youth living in  communities with high rates of drug/opioid overdose mortality. - The mentorship program will work with youth at Asheville Middle School as an alternative  to suspension in a sixteen week group mentoring program during the academic day using  the NRPA Mentoring Youth Framework and restorative practices. - The term will be for two (2) years and the program started this 2023-24 academic year. - Parks & Recreation will provide staff to lead programming and provide all supplies,  materials, and equipment associated with the curriculum and/or activities - Asheville City Schools will identify students for the program and will provide space during  the academic day for programming  Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - Continues partnership with Asheville City Schools - Access to programming at Asheville Middle School will remove barriers to participation  Con(s): - None  Fiscal Impact: - Funding for this program was previously budgeted and is available in the Special  Revenue Fund.","c":"Parks & Recreation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2023-12-12","mt":"regular","id":"II-E","ref":"","it":"motion","t":"Motion to adopt the Fiscal Year 2024-25 Budget Calendar (consent)","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2023-12-12","mt":"regular","id":"II-F","ref":"ORD 5051","it":"ordinance","t":"Technical budget amendment (consent)","desc":"Background: - As part of its ongoing operations, the City enters into various contracts and purchase  order agreements throughout the fiscal year. - Budget funds are encumbered for the full amount of the expected purchase. - These contracts and purchase orders are often not fully completed and paid in  one fiscal year. - North Carolina General Statutes provide authorization for local governments to  reserve the unexpended portion of these prior year commitments and roll those  budgets forward to the new fiscal year. - As a part of the FY23 annual audit, staff identified prior year commitments and carry-over  appropriations to roll forward to FY24. - These dollar amounts were deducted from the unassigned fund balance amounts  that were reported in the Annual Comprehensive Financial Report. - The technical budget amendment will provide authorization to officially  appropriate these amounts in the FY24 budget for each of the City’s annual  operating funds. - It is standard practice for staff to bring forward this technical budget amendment  each year at the same City Council meeting in which the external auditors  present the annual audit results.  Committee(s): - None  Pro(s): - Provides budget authorization for project closures, prior year contracts, purchase orders,  and other carry-over appropriations that rolled forward to FY24.  Con(s): - None.  Fiscal Impact: - There is no impact on unassigned or available fund balance in the City’s operating funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2023-12-12","mt":"regular","id":"II-G","ref":"RES 23-260","it":"resolution","t":"Resolution authorizing the City Manager to sign the Master Agreement with Axon Enterprise Inc. for APD body-worn camera, taser, in-car camera, interview room recording systems and drone software","desc":"Background: - The original contract was approved by City Council on December 8, 2020 for five years. - The contract needs to come back to Council because the Axon contract requires changes  to the in-car camera equipment. - If the contract must be rewritten, it is prudent to make updates to the equipment and  services and add any supporting technology provided by Axon to improve the  transparency and accountability provided by this equipment. - The current contract requires Axon to provide upgraded devices for BWC and In-car  Cameras - The licensing and support for the upgraded equipment are part of this purchase. - Axon Air drone management software is being added to provide tracking and  accountability. - Axon Air tracks all supported drone flights and allows live streaming of video and direct  upload of video into Axon’s proprietary evidence management system. - For better management, the components of the current contract will be purchased  separately and include software support for the drone program through Axon Air. The  BWC, Taser, Interview Rooms and Drone management purchases cover a 5 year term.  The in-car camera purchases and support will cover a 7 year term to coincide with the  vehicle replacement cycle. - Axon is no longer available for purchase through the original cooperative purchasing  agreement. - All Axon products are currently combined in one contract. - Alterations to any portion of the contract require new pricing for the entire contract. - The purchase will be acquired through the Charlotte Cooperative Purchasing Alliance  (CCPI). - This purchase provides equipment, licensing, training, support, storage, and warranties  for all Axon equipment utilized by the Asheville Police Department. - The Axon equipment includes body-worn cameras, tasers, an interview room recording  system, software support for the drone program, and in-car camera systems.  Vendor Outreach Efforts: - This will be purchased through the CCPA which is an acceptable purchasing contract  vetted by the City of Asheville Finance and Management Services Department.  Committee(s): - N/A  Pro(s): - Transparency and safety are increased with newer equipment and technology. - Continued partnership with the industry leader provides excellent equipment across  platforms. - Contracting before the end of the calendar year saves costs on an expected 15% price  increase.  Con(s): - Increased annual cost  Fiscal Impact: - Funding for the first year of the original contract ($683,420) is available in the Police  Department's operating budget. Due to the changes highlighted, additional funds  ($183,344) have been identified and reallocated from within the Police Department’s  operating budget to fully fund the new contract ($866,764). - Additional funding required to upfit vehicles with new in-car camera equipment  ($103,738) was previously budgeted as part of the annual fleet replacement project and  is available in the General Capital Projects Fund. Related funding for equipment licensing  and support ($18,786) was already budgeted in the Police Department FY24 operating  budget. - Future years will be planned for during the annual budget development process.","c":"Public Safety","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2023-12-12","mt":"regular","id":"II-H","ref":"RES 23-261","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Responder Support Services for embedded behavioral health services (consent)","desc":"Background: - Responder Support Services currently provides embedded behavioral health support to  the Fire and Police Departments four days per week for each department. - Utilization of the services has steadily increased since implementation of the program. - Employees in each department have access to behavioral health care providers on-site  during regular work hours. - Ongoing uninterrupted behavioral health support to public safety employees is critical in  maintaining the health and well-being of these employees and ensuring ongoing service  delivery to the community. - Staff completed a Request for Proposals to continue these services and the current  vendor was selected.  Vendor Outreach Efforts: - Funding for this project is provided through City general fund and/or operating budgets.  As a result, the outreach and engagement followed the City’s business inclusion  processes. - Staff completed MWBE outreach efforts, utilizing the City’s internal ABI list and searching  the State of North Carolina electronic Vendor Portal System - One other vendor submitted a proposal but did not complete the required ABI  documentation and was disqualified - Staff was unable to identify other local vendors that provide this specific service  Pro(s): - Support for public safety employees dealing with trauma on a daily basis - Known provider who specializes in supporting public safety employees  Con(s): - None  Fiscal Impact: - Funding for the first year of this contract is available in the Health Insurance Fund  operating budget. - Future years will be planned for during the annual budget development process. - The total contract value is $557,539 for the three-year contract period, with an option of  $419,702.90 for two one-year renewals.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2023-12-12","mt":"regular","id":"II-I","ref":"RES 23-262","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The signal poles within the project area are aging and need replacing. - Currently there are pedestrian access challenges adjacent to existing traffic signal  infrastructure. and this project provides an opportunity to address access challenges  while replacing existing signal infrastructure, providing Public Right of Way Accessibility  Guidance (PROWAG) compliance where feasible. - 4 intersections will be included in the design and engineering phase. The following are  the affected intersections: - College St at Haywood St - Patton Ave at Haywood St - Haywood St / Flint St / Page Ave - College St at Lexington Ave - Prioritization and phasing will be considered during the design phase of this project for  effective and efficient use of the available construction budget. - This project will replace and upgrade existing aging traffic signals and associated  apparatus. - This project will also improve Public Right-of-Way Accessibility Guidance compliance on  the adjacent curb ramps and crosswalks. - The project sequencing and schedule will be developed as part of the design effort. The  current schedule indicates that the project will be bid in August of 2024. - As the design is finalized and project sequencing is developed, impacted business  owners will be engaged to inform them of the project and mitigate construction impact.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes using the State’s NCDOT Directory of Firms. - The City’s Asheville Business Inclusion Vendor List for Outreach was consulted. 2 women  owned firms along with 1 black owned firm were notified of the opportunity. - The selected firm originally submitted as SEPI (one of the women owned firms  contacted), however; SEPI has since been acquired by TranSystems.   \f Committee(s): - None  Pro(s): - Increased driver and pedestrian safety - Affected curb ramps and sidewalks will be PROWAG compliant where feasible  Con(s): - During the construction phase there will be impacts to circulation, sidewalks, and  downtown streets - Numerous utilities are adjacent to the existing poles limiting design alternatives  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2023-12-12","mt":"regular","id":"II-J","ref":"RES 23-263","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The Asheville Municipal Golf Course has failing stormwater infrastructure, creating  sinkholes and affecting play. - This stormwater project will enhance the condition and safety of the Asheville Municipal  Golf Course. - The planned improvements were clearly defined by the Municipal Golf Course  Stormwater Assessment project that began in 2019. - The project scope includes stormwater pipe replacements at holes 1 & 2, 10 & 11, and  18. - Construction is scheduled to start in late December 2023 with a 90 day construction  timeline. - Bids were initially advertised on October 23, 2023. - Three bids were submitted, their names and bid prices are listed below: - Young & McQueen Grading Company, Inc., Burnsville, NC, $1,373,741 - NHM Constructors, Asheville, NC, $1,436,182 - TP Howard’s Plumbing Company, Inc. Asheville, NC $1,944,000 - Young & McQueen Grading Company, Inc. was the lowest responsive, responsible  bidder.  Vendor Outreach Efforts: - Asheville Business Inclusion goal of 4.6% of the construction contract to go to Black,  Asian or Native American contractors. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services and direct outreach to 3  general contractors identified in the City’s recent minority vendor outreach event. Direct  outreach was to the following Black owned general contracting firms: - CA Harris, Inc. - Mcfarland Construction - Baston - Cook - No minority contractors expressed interest in bidding on this particular project, however  Baston-Cook acknowledged receipt and expressed interest in additional City projects  Committee(s): - None  Pro(s): - Continues the process of improvements at the Asheville Municipal Golf Course  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2023-12-12","mt":"regular","id":"II-K","ref":"ORD 5052","it":"ordinance","t":"Ordinance to enable the City of Asheville (consent)","desc":"Committee(s): - Environment and Safety Committee - November 28, 2023 - Approved a motion  unanimously recommending that City Council adopt an ordinance to enable the City of  Asheville to regulate and administer parking at properties owned by the Housing  Authority of the City of Asheville.  Pro(s): - Enables the City to provide a service to another entity. - Provides a good partnership opportunity.  Con(s): - None  Fiscal Impact: - The cost of regulating and administering parking is included in the current operating  budget using existing resources.","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2023-12-12","mt":"regular","id":"II-L","ref":"RES 23-264","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - Temporary staffing in the City’s parking facilities is used to supplement current City staff  during events and on weekends. - Parking supports roughly 75 to 100 hosted events at the Harrah’s Cherokee Center  Asheville annually. - This contract will provide as needed staffing upon request. - The initial term of the contract will be one year with two, one-year optional extensions. - The Car Park Group, LLC was the lowest responsive qualified bidder.  Vendor Outreach Efforts: - Funding for this contract is provided through the Parking Enterprise Fund current  operating budget. - As a result the outreach and engagement followed the City’s business inclusion  processes including telephone and email notification to known MWBE businesses. - Staff contacted four vendors via email messages. - No MWBE firms submitted bids with The Car Park Group, LLC and all work will be self  performed (Verified by the ABI review team).  Committee(s): - N/A  Pro(s): - Provides an enhanced customer service experience. - Supports the Harrah’s Cherokee Center Asheville. - Expedites the ingress and egress of customers using City-owned parking facilities during  events.  Con(s): - Cost of contracting staffing services.  Fiscal Impact: - Funding for the first year of this contract, not to exceed $60,000, is available in the  Parking Services operating budget. Future years will be planned for during the annual    \f budget development process. The total cost of the contract with renewals is not  expected to exceed $180,000.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2023-12-12","mt":"regular","id":"II-M","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. statute (consent)","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax  collection agreement with Buncombe County to ensure that it fully conforms to the  provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue  Act. - As part of that compliance, the City Council must, on a monthly basis, approve all  property tax releases and refunds that have been approved by the Buncombe County  Board of Commissioners. - City of Asheville refunds and releases are provided to City Council.  Pro(s): - Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.  Con(s): - None  Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2023-12-12","mt":"regular","id":"II-N","ref":"RES 23-265","it":"resolution","t":"Resolution adopting the 2024 City Council meeting schedule (consent)","desc":"Summary: City Council Agenda Briefing Worksessions - 11:00 a.m. - 1st and 3rd Thursday of each month (except for the months of February and May, which agenda briefing worksessions will be held on the 2nd and 4th Thursday of each month) and except for July 4, August 8, November 21 and December 19 due to formal meeting cancellations - Remote.    \f City Council Formal Meetings - 5:00 p.m. - 2nd and 4th Tuesdays of each month, except for July 9, August 13, November 26 and December 24 (meeting canceled) - Council Chamber – 2nd Floor - Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2023-12-12","mt":"regular","id":"IV-A","ref":"RES 23-266","it":"public_hearing","t":"Resolution to close an unopened right-of-way between Sulphur Springs Road and Lane Avenue","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close an unopened right-of-way (ROW) between Sulphur Springs Road and Lane Avenue. This public hearing was advertised on November 17, 24, December 1 and 8, 2023.  Background: - Council passed a resolution on November 14, 2023 to set a public hearing for the  proposed right-of-way closure on December 12, 2023. - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a  negative impact to the public interest and whether the closure would impede access to  parcels, utilities, and other public infrastructure. - Mr. Jeremy Cohen (owner of 158 Sulphur Springs Road) wishes to permanently close an  unopened right-of-way that runs roughly north-south between Sulphur Springs Road and  Lane Avenue between the following properties: - 158 Sulphur Springs Road (Applicant) - 160 Sulphur Springs Road - 17 Lane Ave - 23 Lane Ave - All property owners abutting the unopened right-of-way have signed affidavits approving  of the proposed closure. - All of these properties also have access to streets independent of the unopened  right-of-way, giving them reasonable means of ingress and egress to their property, even  if the unopened right-of-way is closed. - The closure does not appear to deprive reasonable means of ingress and egress to any  other property. - The Applicant has indicated that the purpose of the closure is to allow for the construction  of additional housing units on the property. - The City has not yet received a development application. - If the Council approves the closure, the unopened right-of-way will be divided among the  4 properties and a new plat will be filed. - The Technical Review Committee (TRC) reviewed the application at their meeting on July  17, 2023 and recommended that the proposal move forward. - As part of this review, staff determined that there are no utility conflicts present  and that no viable transportation-related connection could be achieved using this  right-of-way due to the topography. - Additionally, there are other parallel transportation connections nearby therefore  a connection using this right-of-way would have limited demand. - Therefore, staff determined that there would be no negative public impact from its  closure. - Additionally, as part of the TRC review, it was noted that there was an  unpermitted retaining wall within the unopened right-of-way adjacent to the  residence at 23 Lane Avenue (not the applicant). - Records indicate that the property was issued a stop work order in 2021. A  permit could not be issued due to the wall having been constructed in the  right-of-way. - Approval of this right-of-way closure request would also bring the wall into  compliance and a permit could be issued. - The Multimodal Transportation Commission (MMTC) reviewed the request on August 23,  2023, and voted to recommend that the City Council deny the right-of-way closure  request (5-2). - The MMTC recommendation to deny the request was largely due to concerns regarding  the presence of the unpermitted retaining wall at 23 Lane Avenue and the desire to have  staff complete a comprehensive study of all unopened rights-of-way within the City to  identify possible opportunities for transportation connections to be made, particularly for  bicyclists, pedestrians, and people with disabilities. - Staff advised the MMTC that the unpermitted wall would be brought into  compliance if the right-of-way were closed and that the presence of the  unpermitted wall did not seem to be within the scope of the factors that the City  Council would consider, per statute, in deciding to close the right-of-way. - Separately, staff advised the MMTC that a comprehensive review of all unopened  rights-of-way within the City would be an extensive project that is not currently on  staff's work program. - For all of these reasons, staff believes that the right-of-way closure is not contrary to the  public interest and that no individual owning property in the vicinity of the right-of-way  would be deprived of reasonable means of ingress and egress to their property by closing  the right-of-way.  Committee(s): - Technical Review Committee - July 17, 2023 - Recommended approval - Multimodal Transportation Commission - August 23, 2023 - Recommended denial (5-2).  See above information.  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way. - The existing unpermitted retaining wall that was constructed within the unopened  right-of-way would become compliant and a permit can be issued.  Con(s): - None.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.   Ms. Morriss said that Jeremy Cohen, property owner of 160 Sulphur Springs, has petitioned for this closure. Mr. Cohen wishes to permanently close an unopened right-of-way that runs roughly north-south between Sulphur Springs Road and Lane Avenue between the following properties: 158 Sulphur Springs Road; 160 Sulphur Springs Road - applicant; 17 Lane Ave; and 23 Lane Ave. If the closure is approved, the right-of-way will be divided among the 4 properties and a new plat will be filed. All adjacent property owners have signed affidavits of approval. She   \fsaid the Applicant has indicated that the purpose of the right-of-way closure is to facilitate construction of additional residential units to the rear of the property. The applicant has not yet submitted an application to Development Services. Information regarding the intended number/size/type of units has not been provided. State law does not require an Applicant to provide the development plan or purpose associated with the ROW closure request. However, if there is an application that has already been submitted, or if the Applicant provides one voluntarily, staff can process them simultaneously. However, this is not a legal requirement for a closure application She then reviewed the aerial location map, along with the vicinity map/parcel lines. The Technical Review Committee (TRC) met on July 17, 2023. The TRC determined (1) There are no utility conflicts present; (2) That a viable transportation-related connection within the unopened right-of-way would be difficult to construct due to the topography; and (3 Additionally, there would be limited demand for a connection in this location because there are other parallel roads in the vicinity providing the same access. She showed a vicinity map of the transportation connectivity and a picture of Sulphur Springs Road looking east toward Herring Elementary. Additionally, as part of the TRC review, it was noted that there was an unpermitted retaining wall within the unopened right-of-way adjacent to the residence at 23 Lane Avenue (not the applicant). Records indicate that the property was issued a stop work order in 2021. A permit could not be issued at that time due to the wall having been constructed in the unopened right-of-way. Approval of this right-of-way closure request would also bring the wall into compliance and a permit could be issued. She then showed other views of the proposed closure from 160 Sulphur Springs Road looking south; Lane Avenue looking north; and Lane Avenue looking east toward Herring Elementary. The TRC recommended approval of the closure request and forwarded it to the Multimodal Transportation Commission. The MMC reviewed the request on August 28, 2023, and did not recommend approval 5-2. The MMTC members that voted “no” had 3 primary concerns: (1) The presence of the unpermitted retaining wall at 23 Lane Avenue; (2) The desire to have a better understanding and context of right-of-way closure requests; and (3) MMTC requested that staff complete a study of all unopened rights-of-way within the City to identify possible opportunities for transportation connections to be made, particularly for bicyclists, pedestrians, and people with disabilities. Staff advised the MMTC that the unpermitted wall would be brought into compliance if the right-of-way were closed and that the presence of the unpermitted wall is not generally within the scope of the factors that the City Council would consider, per statute, in deciding to close the right-of-way. Separately, staff advised the MMTC that a comprehensive review of all unopened rights-of-way within the City would be an extensive project that is not currently on staff's work program. Since the August MMTC meeting, staff has provided MMTC members with copies of the State Law, the City’s existing policy, and additional information from the City’s Attorney’s office regarding ROW closure requests. Staff recommends Council adopt a resolution to permanently close an unopened right-of-way between Sulphur Springs Road and Lane Avenue.   There was a brief discussion of the role of the MMTC in reviewing these closures since state law is very finite and City Council has a very narrow review. Councilwoman Roney said the MMTC was asked to review these closures because the property might be used as a road, greenway, or for open space.   Mayor Manheimer opened the public hearing at 6:27 p.m., and when no one spoke, she closed the public hearing at 6:27 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2023-12-12","mt":"regular","id":"IV-B","ref":"ORD 5053","it":"public_hearing","t":"Ordinance to conditionally rezone 2 Butler Road from Community Business II District to Residential Expansion-Conditional Zone","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2023-12-12","mt":"regular","id":"IV-B-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from the 2 Butler Road rezoning due to conflict of interest","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Ullman","sec":"Turner","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2023-12-12","mt":"regular","id":"IV-C-luig","ref":"RES 23-267","it":"public_hearing","t":"Resolution approving a Land Use Incentive Grant to Catalyst Capital Partners LLC for 115 Fairview Road","desc":"Affordable Housing Officer Sasah Vrtunski said that this is the consideration of approving a land use incentive grant (LUIG) to Catalyst Capital Partners LLC for 115 Fairview Road.  Review: - Catalyst Capital Partners has applied for a Land Use Incentive Grant (LUIG) for their  development at 115 Fairview Road per the LUIG Policy adopted by City Council on June  22, 2021. - The proposed development consists of 281 rental apartments and community spaces. - The affordable units will be a mix of studios and 1, 2, and 3-bedroom apartments. - Housing represents 100% of all rentable square footage, excluding the parking structure. - Of the +/- 281 residential units, 57 rental apartments (20%) will be affordable, serving  individuals and families earning at or below 80% of the Area Median Income (AMI) for a  minimum of 20 years. - The project encompasses 8.25 acres of land on Fairview Road just outside Biltmore  Village, PIN 9647-99-4447. - The applicant’s estimated appraised post-completion value of the property is $79.9  million/. - The project, as presented to staff, meets the LUIG Policy Eligibility Requirements. - Per the LUIG Scoring Matrix and based upon the policy, the project qualifies for 80 points  which equals 16 years of grants in the amount of the City Property Taxes payable on the  115 Fairview Road Development. - The developer requests additional points totaling 105 or 21 years (see below).  Proposal: - Affordable Rental Housing - The proposed project will provide fifty-seven (57) affordable units (20% of the  total units) to individuals and families earning at or below 80% AMI, with 29 (50%  of the affordable units) accepting rental assistance for an affordability period of  twenty (20) years. Under this category, the project qualifies for 20 points. - Rental Assistance - The proposed project will accept 29 Housing Choice Vouchers / Rental  Assistance in the community. The proposed project will house one person from  the Homeless By-Name List for 5 points. Under this category, the project qualifies  for 15 points. - Superior Locational Efficiency - The proposed project is located within 1 mile from a job or urban center (Walmart  Shopping Center is defined as an Urban Center), and within a .5 mile from a  Transportation Amenity (near to 2 transit lines w/one-hour frequency). Under this  category, the project qualifies for 10 points. - Energy Efficiency - The developer has committed to using Energy Efficiency (EE) / Energy Star  Certification. Under this category, the project qualifies for 5 points. - Universal Design: The project has committed to using Universal Design for 20% of the  units, which qualifies for 10 points. - Non-Qualified Census Tract: The project is located in a Non-Qualified Census Tract,  which qualifies for 10 points. - Staff has scored the project with 80 points, which qualifies the project for sixteen (16)  years of Land Use Incentive Grant. - Staff recommends 18 years of total grant in response to additional site remediation costs  (further described in the next bullet and sub-bullets below). - The applicant requests an additional 25 points for a 21-year grant term (105 points).   1) The applicant requests an additional 15 points for locational efficiency because  there are multiple bus lines near the location, convenience stores, a 1.2-mile walk  from the high school, and a 1.4-mile walk from Oakley Elementary.  The policy does not provide adding points for multiple transportation amenities.   2) The applicant is also requesting an additional 10 points due to the presence of  asbestos resulting in an additional $500,000 cost.  The policy does allow developers to request additional years due to site-specific  costs. This decision is at City Council’s discretion. - The applicant acknowledges the $80,000 per unit subsidy cap for the affordable units and  requests a total grant of $4,560,000 (57 units x $80,000). - Because the $80,000 per unit subsidy cap results in a capped grant value of $4,560,000,  the number of years determines how the total amount would be paid out. - A 16-year grant would equate to payments of up to $285,000 per year. - An 18-year grant would equate to payments of up to $253,333 per year. - During the November 27th Housing and Community Development Committee meeting,  the applicant made a verbal commitment to set aside 29 of the units for voucher holders  with an understanding that if voucher holders cannot be found after working with the  Housing Authority, units may be rented at 80% AMI. The Resolution language reads as  follows: - 50% of the affordable housing units will be reserved for HACA Housing Choice  Vouchers and voucher holders will receive priority as to the leasing of said units.  To this end, the developer will notify HACA of the actual or pending availability of  eligible units on a monthly basis. If no voucher holder is able to commence  tenancy when an eligible unit becomes available, that unit may be leased as an  affordable unit, and the next available unit shall be reserved and marketed to a  voucher holder under the same terms and conditions.  Committee(s): - The Housing and Community Development Committee reviewed this item on November  27, 2023, and voted 1-2 on a motion of support for the request (motion failed). - The Policy, Finance, and Human Resources Committee will review this item on  December 12, 2023, before the City Council meeting.  Committee(s): - The Housing and Community Development Committee reviewed this item on November  27, 2023, and voted 1-2 on a motion of support for the request (motion failed). - Concerns aligned with the Thrive report were cited for the no votes. - There was also a concern about the need for more deeply affordable housing in  the Oakley school district.  LUIG Program Background - The LUIG program was created to incentivize the inclusion of affordable units at 80% AMI  in projects that otherwise would have only offered market-rate rents. - The LUIG Policy was not designed to produce units for lower-income residents (50% AMI  or less) without additional funding layers like vouchers or other sources. - Over time the policy has been revised, slowly increasing the percentage of affordable  units required, the length of the affordability period, and adding in voucher acceptance to  help serve those at 60% AMI and below. - In 2019, the point structure was changed to make the longer affordability periods and  higher numbers of affordable units feasible. Since that change, there has been an  increase in the volume of LUIG requests.  Thrive Asheville Report Background - Thrive Asheville received $135,000 in ARPA funding from the City for their  landlord-tenant partnership program and to study the outcomes of the Land Use Incentive  Grant Program and Housing Trust Fund. - As a part of the study, Thrive looked at census information for the city, including median  household incomes by race, household size, and voucher data from the Housing  Authority. - Thrive also looked at City permit data, LUIG, and Housing Trust Fund data to see where  city funding has supported affordable units.  Thrive Asheville Report Highlights and City Programs/Policies - The median income of African American and Latinx households is below 50% AMI for a  family of four. - 80% AMI for a family of four was $60,100 in Asheville (50% AMI was $37,550) (HUD  data, 2021) - The report shows a graph of the completed affordable units that the City approved  between 2018-2022, the majority of units serve households at 60% AMI and below. - A greater proportion of overall LUIG funding has gone toward producing “affordable” units  at the 80% AMI level. - The conclusions written by Thrive were speculative, not definitive: - “city housing investments that target incomes at higher ends of affordability (e.g.  60-80% AMI) likely exacerbate racial and gender gaps in our community because  our most underserved community members, on average, fall below this AMI  band.” - Thrive recommended further research on these issues.  LUIG Program Equity Assessment - The City is currently working with Enterprise Community Partners on an Affordable  Housing Plan. - Updates to the Affordable Housing Plan will include recommendations on affordable  housing incentives, including LUIG and the Housing Trust Fund. - Enterprise was selected partly because of its commitment to centering equity in its  recommendations. - Research and plan development is currently underway, staff expects to have  recommendations back from Enterprise by May 2024.  Pro(s): - The proposed project will provide 57 affordable rental housing units to households  earning 80% or less of area median income; - The proposed project will have an affordability period of twenty (20) years; - The proposed project should have a significant economic impact. Construction wages  and material purchases will positively affect the local and regional economy; - The 57 affordable units are located in Central/East Asheville near jobs and two transit  lines (S5 and S1) (walkability score of 42 - car-dependent, bike score of 17 - somewhat  bikeable, minimal bike infrastructure) and provide employment and shopping options for  individuals and families who fall within the 80% AMI incomes. - Catalyst Capital Partners will communicate with the Asheville Housing Authority and  others that they are reserving Housing Choice Vouchers for 29 of the affordable units and  Rental Assistance as the development prepares to come online, as outlined above.  Con(s): - Cost estimates are not yet fully developed, and project costs, as presented, may change  as it moves towards development.  Fiscal Impact: - The project parcel has a current tax value of $1,612,000 and pays City property taxes of  approximately $6,494.36 annually. This will continue to be paid throughout the benefit  period. - Using an estimated tax value of $79.9 million post-completion, the annual City property  tax will be approximately $321,997. - The annual difference in tax is $315,500, which exceeds the policy cap of $80,000 per  unit subsidy. To align with the policy, the City would pay $253,333 annually. - For 18 years and 57 affordable units at or below 80% AMI, the City will grant back a total  of $4,560,000 over the 18 years of the LUIG. - After year 18, the City will receive approximately $321,997 annually in City tax revenue  (depending on future property tax value and rates, etc.). Please note the City will still  receive property taxes of approximately $6,494.36 per year in years 1 -18. - The City sets aside a budget annually for Land Use Incentive Grants.   Ms. Vrtunski said the following are the key takeaways from her presentation: (1) LUIG application for 115 Fairview Road, 281-unit apartment complex; (2) 20% of units (57 apartments) will be affordable for households at 80% AMI for 20 years - half of the affordable units (29) will be set aside for voucher holders; (3) Project qualifies for 16 years of taxes paid and the developer is requesting a 21-year grant due to additional construction expense and the location; (4) Concerns were raised at the Housing & Community Development Committee around who benefits from LUIG-funded units - the LUIG policy will be evaluated through the Affordable Housing Plan process using Thrive Asheville’s report and other considerations; and (5) based on the current LUIG policy, staff recommends a $4,560,000 LUIG for this project spread over a period of 18 years.   The project background is (1) The development consists of 281 apartments and community space and amenities for residents; (2) Housing represents 100% of all rentable square footage; (3) The project encompasses 8.25 acres of land on Fairview Road; (4) The developer estimates a taxable value after construction at $79.9 Million; and (5) Total estimated construction cost is $59,262,000 and total estimated project cost is $77,775,000.   Below is the unit breakdown:   Unit Type Affordable Units Market Rate Units Total   Studio 33 20 51   1 Bedroom 8 130 137   2 Bedroom 15 64 79   3 Bedroom 1 13 14   Total 57 227 281   She then showed an overview of the project location, along with a rendering from Fairview Road. She explained the point summary as follows: 20% of units affordable at or below    \f80% AMI (20 points); 10% Rental Assistance (10 points); Housing for the Homeless by Name list (5 points); Locational Efficiency: .5 mile Transportation amenity + 1 mile from job center (10 points); Energy Efficiency: Energy Star + Green building certificate (15 points); Universal Design- 20% of units (10 points); and Building in a non-QCT Census Tract (10 points). Total Points: 80 points = 16 years of tax grant. The developer is requesting an additional 15 points for locational efficiency because there are multiple bus lines near the location, convenience stores and a 1.2 mile walk from the high school, 1.4 mile walk from Oakley Elementary (Policy does not provide adding points for multiple transportation amenities). The developer is also requesting an additional 10 points due to the presence of asbestos resulting in an additional $500,000 cost - (LUIG policy does allow developers to request additional years due to site specific barriers or costs.) The developer is requesting a total of 21 years of the grant (105 points). Staff recommends 18 years of total grant in response to the higher site development costs (additional 10 points).   LUIG specifics include (1) The parcel included in the project has a current tax value of $1,612,000 and pays city property taxes of approximately $6,496.36 annually; (2) Under the estimated tax value of $79.9 million post-completion, the annual city property tax will be approximately $321,997; (3) The difference is $315,500 annually, which exceeds the policy cap of $80,000 per unit for 57 units; and (4) The Developer is asking for the maximum subsidy of $80,000 per unit. For an 18 year period, the City would pay $253,333 annually in incentive funding, for a total grant of $4,560,000.   The Housing & Community Development Committee reviewed this request on November 27, 2023 and they voted 1-2 on a motion of support for the request (motion failed) (1) concerns aligned with the Thrive report were cited for the no votes; and (2) there was also a concern about the need for more deeply affordable housing in the Oakley School District The Policy, Finance & HR Committee will review this request at their meeting on December 12.   She then provided the LUIG program background as follows: (1) The LUIG program was created to incentivize inclusion of affordable units at 80% AMI in projects that otherwise would have only offered market-rate rents; (2) The LUIG Policy was not designed to produce units for lower income residents (50% AMI or less) without additional funding layers like vouchers or other sources; (3) Over time the policy has been revised, slowly increasing the percentage of affordable units required, the length of the affordability period and adding in voucher acceptance to help serve those at 60% AMI and below; and (4) In 2019, the program’s point structure was changed to make the longer affordability periods and higher numbers of affordable units feasible. Since that change, there has been an increase in the volume of LUIG requests.   The Thrive Asheville Report background is as follows: (1) Thrive Asheville received $135,000 in ARPA funding from the City for their landlord tenant partnership program and to study the outcomes of the Land Use Incentive Grant Program and Housing Trust Fund; (2) As a part of the study, Thrive looked at census information for the city, including median household incomes by race, household size, and voucher data from the Housing Authority; and (3) Thrive also looked at City permit data, LUIG and Housing Trust Fund data to see where City funding has supported affordable units. The Thrive Asheville Report highlights are (1) The median income of African American and Latinx households is below the 50% AMI level for a family of four; (2) 80% AMI for a family of four was $60,100 in Asheville (50% AMI was $37,550) (HUD data, 2021) - Note: The median incomes by race/ethnicity are not one particular household size; (3) A graph that represents the use of different City tools to achieve different levels of affordability; and (4) Of the constructed, affordable units that the City approved between 2018-2022, the majority of units serve households at 60% AMI and below. The conclusions written by Thrive were speculative, not definitive: “city housing investments that target incomes at higher ends of affordability (e.g. 60-80% AMI) likely exacerbate racial and gender gaps in our community because our most    \funderserved community members, on average, fall below this AMI band.” Thrive recommended further research on these issues.   The LUIG Program equity assessment is (1) The City is currently working with Enterprise Community Partners on an Affordable Housing Plan; (2) Updates to the Affordable Housing Plan will include recommendations on affordable housing incentives including LUIG and the Housing Trust Fund; (3) Enterprise was selected partly because of its commitment to centering equity in its recommendations; and (4) Research and plan development is currently underway, staff expects to have recommendations back from Enterprise by May 2024. With the 115 Fairview Road request,   The developer has offered to set aside 50% of the affordable units (29 units) for voucher holders. - Based on the Housing Authority data (Thrive study), 95% of Tenant Mobility Voucher holders have household incomes in the 0-30% AMI range and 44% of those voucher holders are African-American households.   Staff recommends approval of the Land Use Incentive Grant application for Catalyst Capital Partners at 115 Fairview Road for 18 years and a total grant of $4,560,000, with the provision that 29 units will be reserved for voucher holders and the developer will take actions to ensure good faith efforts to make units accessible to all qualified households who want to apply.   Councilwoman Roney said that we have various means of accessing information. One access to information is narrative data, and when black and brown families tell me that the affordable housing the City built is not accessible to them. She believes them. And then the State of Black Asheville documents disparities and income and she believes that source of information. And now we have additional information from the Thrive Study. We say equitable, affordable housing is our strategic priority, and with gratitude to staff for bringing us forth solutions and better tools. She wants to support LUIG as a voluntary rent control, because our community needs and expects that of us, but if it’s not getting to racial equity, then it’s not meeting our goals. She is looking forward to our retreat when we talk about how making this tool better to meet our goals. But until then, she is responsible for the outcomes, and she won’t be able to support this LUIG request.   Councilwoman Mosley noted when she says equitable affordable housing, she means more deeply affordable housing going to a group of community members left behind.   Throughout the presentation there was considerable discussion while Ms. Vrtunski responded to various questions/comments from Council regarding the LUIG program. Assistant City Manager Rachel Wood said that the Housing & Community Development Committee will be reviewing the LUIG policy in their January meeting.   PUBLIC HEARING TO CONSIDER CONDITIONALLY ZONING 115 FAIRVIEW  ROAD FROM URBAN VILLAGE TO RESIDENTIAL EXPANSION/  CONDITIONAL ZONE   ORDINANCE NO. 5054 - ORDINANCE TO CONDITIONALLY ZONING 115  FAIRVIEW ROAD FROM URBAN VILLAGE TO RESIDENTIAL  EXPANSION/CONDITIONAL ZONE   Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 115 Fairview Road from Urban Village to Residential Expansion/Conditional Zone. This public hearing was advertised on September 15 and 22, 2023. On September 26, 2023, this public hearing was continued to this date.  Project Location and Contacts: - The project site totals 8.25 acres located at 115 Fairview Road. (PINs 9647-99-4447) - Owner: Robertson’s Daughters, LLC.  Summary of Petition:  Project Site - The project site consists of one property totalling 8.25 acres located at 115 Fairview  Road. - The site is currently zoned Urban Village (UV). - Given the size of the project (over 50 residential dwelling units) a conditional zoning to  the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - The project site is currently a retail commercial facility located in a single building on the  site with associated parking. - The site is designated “Town Center” on the city’s Future Land Use (FLU) Map. A  change in the FLU designation will not be required.   Overall Project Proposal - New building construction includes a total of 281 units (269 apartments in two four-to-five  story multi-family buildings and 12 townhomes in 3 four-plex buildings). - Other site improvements include off-street parking, new sidewalks, and amenities such as  a pool and auxiliary pool building. - A minimum of 20% of the units (56) will be affordable at 80% Area Median Income (AMI)  for a minimum of 20 years.   Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The  maximum building height of the proposed project is approximately 59 feet 2 inches, as  measured to the ceiling of the highest occupiable floor of Building 2. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least  20% of the dwelling units are affordable at 80% AMI. The proposed project’s density is  34.1 units/acre. - Front yard setback is proposed to be 5 feet where the required setback is 15 feet. A  technical modification is proposed. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The  proposed project would result in a total impervious area of 57%.   Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and  property line buffers. - The RES EXP district requires a 20 foot-wide “Type A” landscape buffer where the  subject property is adjacent to any other residentially zoned property, which is required  along the eastern property boundary where the site is adjacent to the RM-8 zoning  district. The project complies with the required buffer. - The project is classified as a combination of “urban” under the Tree Canopy Preservation  standards and has a classification of “Class B”. Based on these classifications and the  existing tree canopy, a total of 10% of tree canopy preservation is required, which the  project is meeting through preservation on-site at a total of 10.2% (35,200 s.f.). - Open Space is required at a rate of 20% of the site as the project meets the incentive  requirements for enhanced stormwater management, resulting in 1.65 acres of required  open space, which the project is providing.   Access, Sidewalks and Parking - Access to the site will be provided by a reconstructed driveway located on Fairview Road  and a secondary emergency access off Westview Avenue with gates shown at both ends  of the access way. - The project proposes 333 parking spaces. With 14 three bedroom units and the rest two  bedrooms or below, the final minimum and maximum required spaces is 295/576 spaces.  The proposed spaces are at a ratio of 1.2 spaces/unit. Required accessible spaces are  shown at 8 spaces. - Bicycle parking is required at a rate of five percent of the total number of vehicle parking  spaces. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the  primary access corridor and internally throughout the site.  - The project proposes a technical modification allowing for 5 foot width sidewalks  along Fairview Road with an associated planting strip to match the existing  condition.  - The project is proposing a technical modification for new five-foot wide sidewalks  internal to the site.  - No sidewalk is proposed along the Westview Avenue boundary given the lack of  connection to this area and the reduced number of residential units along the  road.   Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including:  - Maintain an existing planting strip and five-foot sidewalk along Fairview Road.  - No sidewalk along the frontage of Westview Avenue.  - Five foot-wide sidewalks internal to the site instead of the required 10 foot-wide  standard.  - Reduced front setback to 5 feet.  - No bike lanes are proposed into the development given the condition of Fairview  Road and due to the potential for internal conflicts in the site parking facilities.  - 50 foot length minimum throat distance along the entrance way where 90 feet is  required.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted  growth areas.  - Increase and Diversify the Housing Supply - by increasing the supply of  housing, including affordable housing in proximity to schools, transit and parks.  - Promote the Development and Availability of Affordable and Workforce  Housing - via incentives such as bonus densities and building height bonuses. - The proposed development is substantially compatible with the Future Land Use  designations of “Town Center”, which provides “Affordable housing in town centers is  encouraged and should be incentivized. New development should ensure that buildings  are located to reinforce the relationship to the street, with parking located behind  buildings that front the primary street. Pedestrian, bicycle and transit-friendly  streetscapes are critical to the success and sustainability of town centers. Therefore,  particular emphasis should be given to the (sic) public realm.” (p 342). Furthermore  providing that “[w]hile there is no exact density cap expected with a town center  development, density should ensure a vibrant community that supports community  infrastructure such as transit.”.  Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land    \f uses, including:  - The District, a multi-family development located directly across Fairview Road.  - Medium density single-family development to the east of the site and buffered by  landscaping and topography, providing a transitional area for the uses.  - Increasingly dense mixed uses and commercial development to the west toward  Biltmore Village  Committee(s): - Technical Review Committee (TRC) - August 21, 2023 - approved with conditions. - Planning and Zoning Commission - September 14, 2023 - approved 7-0.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) the current zoning is Urban Village, and the proposed zoning is residential-expansion; (2) 8.25 Acres Total - Existing Screen Door. railroad right-of-way along south; (3) Frontage and access along north Fairview Road; (4) Westview Ave along northeastern edge secondary fire access at end of Westview; (5) 20% affordable units proposed to achieve density at 34.1/acre; (6) 269 Apartments + 12 Townhomes (281 Total) - Parking under townhomes; (7) 333 Parking Spaces (1.2:1) - 8 Accessible, 18 Bicycle; (8) Pool and Amenity Building on site. Next to Building 2; (9) Retaining walls shown throughout; (10) Public Transit on Fairview; (11) Central trash compactor; (12) Landscaping standards: (a) Street trees shown on property at both streets; and (b) Buffer along Westview; (13) Parking, building (press and planting); (14) Tree Canopy Plan (met with preservation on site); and (15) Open space is compliant. He then showed internal renderings, along with building elevations. Technical modifications include (1) The project proposes a minimum of five foot-wide sidewalks internal to the site; (2) The project proposes a new 5 foot-wide sidewalk along a portion of Fairview Road; (3) No sidewalk is proposed along Westview Avenue due to narrow width of roadway, existing tree growth, and low traffic volume; (4) The Project proposes a front setback of 5 feet where 15 feet is required along Fairview Road; (5) The project proposes a 50’ minimum throat distance on the main entrance accessing Fairview Road where 90’ is required; and (6) No bike lanes will be provided into the development. Standard conditions regarding the project include affordable housing is included in the Project: (1) A total of 20% of the units will be affordable at 80% of the Area Median Income (AMI) for Asheville, NC, as established by HUD, for a minimum period of 20 years; and (2) Prior to issuance of Certificate of Occupancy for the property, the Developer shall record a Declaration of Restrictions setting for the Affordability Terms, which shall become effective upon the execution and recording thereof. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.   In response to Councilwoman Roney on whether the project has a current or future plan for renewable energy, Mr. Mitchell said he has talked with the applicant about support and information regarding renewable energy; however, at this time it is not a project condition.   Upon inquiry of Councilwoman Mosley, City Attorney Branham read the following amendment to a project condition: “50% of these affordable housing units will be reserved for    \fHACA Housing Choice Vouchers, and voucher holders will receive priority as to the leasing of said units. To this end, developer will notify HACA of the actual or pending availability of eligible units on a monthly basis. If no voucher holder is able to commence tenancy when an eligible unit becomes available, that unit may be leased as an affordable unit. The next available unit of the same type shall be reserved and marketed to a voucher holder by notifying HACA as set forth above.” And, Mr. Derek Allen, attorney for the applicant, agreed to the amended condition.   Mayor Manheimer opened the combined public hearing at 7:33 p.m.   Two individuals spoke in support of the conditional zoning request.   Three individuals spoke in opposition to the conditional zoning request, mainly citing already congested traffic and pedestrian impact.   Mayor Manheimer closed the combined public hearing at 7:49 p.m.   Councilwoman Roney, member of the Metropolitan Planning Organization (MPO), said that anyone who has concerns about state roads, should direct their comments to the MPO which has jurisdiction on state roads. She cited the meeting time and dates, noting that their meetings are hybrid.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2023-12-12","mt":"regular","id":"IV-C-zoning","ref":"ORD 5054","it":"public_hearing","t":"Ordinance to conditionally zone 115 Fairview Road from Urban Village to Residential Expansion/Conditional Zone","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 115 Fairview Road from Urban Village to Residential Expansion/Conditional Zone. This public hearing was advertised on September 15 and 22, 2023. On September 26, 2023, this public hearing was continued to this date.  Project Location and Contacts: - The project site totals 8.25 acres located at 115 Fairview Road. (PINs 9647-99-4447) - Owner: Robertson’s Daughters, LLC.  Summary of Petition:  Project Site - The project site consists of one property totalling 8.25 acres located at 115 Fairview  Road. - The site is currently zoned Urban Village (UV). - Given the size of the project (over 50 residential dwelling units) a conditional zoning to  the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - The project site is currently a retail commercial facility located in a single building on the  site with associated parking. - The site is designated “Town Center” on the city’s Future Land Use (FLU) Map. A  change in the FLU designation will not be required.   Overall Project Proposal - New building construction includes a total of 281 units (269 apartments in two four-to-five  story multi-family buildings and 12 townhomes in 3 four-plex buildings). - Other site improvements include off-street parking, new sidewalks, and amenities such as  a pool and auxiliary pool building. - A minimum of 20% of the units (56) will be affordable at 80% Area Median Income (AMI)  for a minimum of 20 years.   Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The  maximum building height of the proposed project is approximately 59 feet 2 inches, as  measured to the ceiling of the highest occupiable floor of Building 2. - Maximum density in the RES EXP district is 50 units/acre for this project, since at least  20% of the dwelling units are affordable at 80% AMI. The proposed project’s density is  34.1 units/acre. - Front yard setback is proposed to be 5 feet where the required setback is 15 feet. A  technical modification is proposed. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The  proposed project would result in a total impervious area of 57%.   Landscaping and Open Space - Landscape requirements apply, including street tree, parking lot, building impact, and  property line buffers. - The RES EXP district requires a 20 foot-wide “Type A” landscape buffer where the  subject property is adjacent to any other residentially zoned property, which is required  along the eastern property boundary where the site is adjacent to the RM-8 zoning  district. The project complies with the required buffer. - The project is classified as a combination of “urban” under the Tree Canopy Preservation  standards and has a classification of “Class B”. Based on these classifications and the  existing tree canopy, a total of 10% of tree canopy preservation is required, which the  project is meeting through preservation on-site at a total of 10.2% (35,200 s.f.). - Open Space is required at a rate of 20% of the site as the project meets the incentive  requirements for enhanced stormwater management, resulting in 1.65 acres of required  open space, which the project is providing.   Access, Sidewalks and Parking - Access to the site will be provided by a reconstructed driveway located on Fairview Road  and a secondary emergency access off Westview Avenue with gates shown at both ends  of the access way. - The project proposes 333 parking spaces. With 14 three bedroom units and the rest two  bedrooms or below, the final minimum and maximum required spaces is 295/576 spaces.  The proposed spaces are at a ratio of 1.2 spaces/unit. Required accessible spaces are  shown at 8 spaces. - Bicycle parking is required at a rate of five percent of the total number of vehicle parking  spaces. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the  primary access corridor and internally throughout the site.  - The project proposes a technical modification allowing for 5 foot width sidewalks  along Fairview Road with an associated planting strip to match the existing  condition.  - The project is proposing a technical modification for new five-foot wide sidewalks  internal to the site.  - No sidewalk is proposed along the Westview Avenue boundary given the lack of  connection to this area and the reduced number of residential units along the  road.   Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including:  - Maintain an existing planting strip and five-foot sidewalk along Fairview Road.  - No sidewalk along the frontage of Westview Avenue.  - Five foot-wide sidewalks internal to the site instead of the required 10 foot-wide  standard.  - Reduced front setback to 5 feet.  - No bike lanes are proposed into the development given the condition of Fairview  Road and due to the potential for internal conflicts in the site parking facilities.  - 50 foot length minimum throat distance along the entrance way where 90 feet is  required.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted  growth areas.  - Increase and Diversify the Housing Supply - by increasing the supply of  housing, including affordable housing in proximity to schools, transit and parks.  - Promote the Development and Availability of Affordable and Workforce  Housing - via incentives such as bonus densities and building height bonuses. - The proposed development is substantially compatible with the Future Land Use  designations of “Town Center”, which provides “Affordable housing in town centers is  encouraged and should be incentivized. New development should ensure that buildings  are located to reinforce the relationship to the street, with parking located behind  buildings that front the primary street. Pedestrian, bicycle and transit-friendly  streetscapes are critical to the success and sustainability of town centers. Therefore,  particular emphasis should be given to the (sic) public realm.” (p 342). Furthermore  providing that “[w]hile there is no exact density cap expected with a town center  development, density should ensure a vibrant community that supports community  infrastructure such as transit.”.  Compatibility Analysis: - The proposed multi-family residential project is compatible with the surrounding land    \f uses, including:  - The District, a multi-family development located directly across Fairview Road.  - Medium density single-family development to the east of the site and buffered by  landscaping and topography, providing a transitional area for the uses.  - Increasingly dense mixed uses and commercial development to the west toward  Biltmore Village  Committee(s): - Technical Review Committee (TRC) - August 21, 2023 - approved with conditions. - Planning and Zoning Commission - September 14, 2023 - approved 7-0.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) the current zoning is Urban Village, and the proposed zoning is residential-expansion; (2) 8.25 Acres Total - Existing Screen Door. railroad right-of-way along south; (3) Frontage and access along north Fairview Road; (4) Westview Ave along northeastern edge secondary fire access at end of Westview; (5) 20% affordable units proposed to achieve density at 34.1/acre; (6) 269 Apartments + 12 Townhomes (281 Total) - Parking under townhomes; (7) 333 Parking Spaces (1.2:1) - 8 Accessible, 18 Bicycle; (8) Pool and Amenity Building on site. Next to Building 2; (9) Retaining walls shown throughout; (10) Public Transit on Fairview; (11) Central trash compactor; (12) Landscaping standards: (a) Street trees shown on property at both streets; and (b) Buffer along Westview; (13) Parking, building (press and planting); (14) Tree Canopy Plan (met with preservation on site); and (15) Open space is compliant. He then showed internal renderings, along with building elevations. Technical modifications include (1) The project proposes a minimum of five foot-wide sidewalks internal to the site; (2) The project proposes a new 5 foot-wide sidewalk along a portion of Fairview Road; (3) No sidewalk is proposed along Westview Avenue due to narrow width of roadway, existing tree growth, and low traffic volume; (4) The Project proposes a front setback of 5 feet where 15 feet is required along Fairview Road; (5) The project proposes a 50’ minimum throat distance on the main entrance accessing Fairview Road where 90’ is required; and (6) No bike lanes will be provided into the development. Standard conditions regarding the project include affordable housing is included in the Project: (1) A total of 20% of the units will be affordable at 80% of the Area Median Income (AMI) for Asheville, NC, as established by HUD, for a minimum period of 20 years; and (2) Prior to issuance of Certificate of Occupancy for the property, the Developer shall record a Declaration of Restrictions setting for the Affordability Terms, which shall become effective upon the execution and recording thereof. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.   In response to Councilwoman Roney on whether the project has a current or future plan for renewable energy, Mr. Mitchell said he has talked with the applicant about support and information regarding renewable energy; however, at this time it is not a project condition.   Upon inquiry of Councilwoman Mosley, City Attorney Branham read the following amendment to a project condition: “50% of these affordable housing units will be reserved for    \fHACA Housing Choice Vouchers, and voucher holders will receive priority as to the leasing of said units. To this end, developer will notify HACA of the actual or pending availability of eligible units on a monthly basis. If no voucher holder is able to commence tenancy when an eligible unit becomes available, that unit may be leased as an affordable unit. The next available unit of the same type shall be reserved and marketed to a voucher holder by notifying HACA as set forth above.” And, Mr. Derek Allen, attorney for the applicant, agreed to the amended condition.   Mayor Manheimer opened the combined public hearing at 7:33 p.m.   Two individuals spoke in support of the conditional zoning request.   Three individuals spoke in opposition to the conditional zoning request, mainly citing already congested traffic and pedestrian impact.   Mayor Manheimer closed the combined public hearing at 7:49 p.m.   Councilwoman Roney, member of the Metropolitan Planning Organization (MPO), said that anyone who has concerns about state roads, should direct their comments to the MPO which has jurisdiction on state roads. She cited the meeting time and dates, noting that their meetings are hybrid.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":18},{"d":"2023-12-12","mt":"regular","id":"VI-A","ref":"RES 23-268","it":"resolution","t":"Resolution No. 23-268 approving revisions to the Housing Trust Fund Policy","desc":"Affordable Housing Officers Sasha Vrtunski said that this is the consideration of a resolution approving revisions to the Housing Trust Fund Policy prior to initiating the Fiscal Year (FY) 2024-25 funding cycle.  Background: - On June 13, 2000, the City Council created the Housing Trust Fund (HTF) with the  adoption of a HTF Policy and the approval of a $400,000 allocation to the fund for Fiscal  Year 2001. - Each year thereafter, the City Council has dedicated funding from the City’s General  Fund to the HTF. For the past 5-10 years, the budgeted amount has been $500,000. - From 2001 to 2019, the HTF lent approximately $15 million and produced over 1,300  affordable housing units. - Starting in 2022, the City aligned its funding application and award timeline with  Buncombe County’s to assist in decision-making and provide more predictability to the  development community. - For the next funding cycle, the request for funding applications will be published  mid-December 2023, with awards announced in late April 2024. - The Housing Trust Fund Policy was last revised in December 2022. - In the FY 2023-24 funding cycle, the City Council allocated $4,387,850 to construct 239  units. - Staff is pursuing changes to the HTF Policy before the upcoming funding FY 2025 cycle. - There is approximately $4.1 million currently available in the Housing Trust Fund for  allocation in the next cycle.  Policy Revision Process As a part of their work plan, the Affordable Housing Advisory Committee (AHAC) reviewed the Housing Trust Fund policy with the intention of making recommendations with a limited scope. - AHAC HTF Policy revision recommendations: November 2 - HCD HTF Policy consideration and recommendation: November 27 - City Council HTF Policy review and vote to consider approval: December 12  AHAC Recommendations  AHAC met on November 2, 2023, and voted unanimously (8-0) to recommend the policy changes to the HCD Committee. In summary, those changes included: - Revised priorities for the use of the Housing Trust Fund Dollars - More units, deeper affordability, accepting vouchers, and longer affordability  periods are the highest priorities. - A recommendation to realign the HTF scoring card with policy priorities - Develop separate scoring for ownership and rental projects - Set a minimum score requirement for receiving special loan terms - Clarifying language and organization of content to help with the policy’s clarity  Staff Recommended Policy Changes - Staff generally agrees with most of AHAC’s suggested revisions, with some exceptions.  Staff have also revised the funding cap from 10% of total development costs to 10% of  total development costs per affordable unit. This effectively leverages City funds in  mixed-income projects. A summary of the recommended revisions is below:   Substantive Recommendations for HTF Policy Changes  Section AHAC Staff Recommendation Implication  Priorities Changed the wording for Agree with AHAC’s Longer list of priorities, but  the priorities to make them recommendation captures the city’s goals in  general priorities, and multiple areas.  eliminated a few priorities.  Eligible Uses Allow offsite infrastructure Allow offsite infrastructure Ensures that City funds go  improvements as an improvements only if shown directly to the development and  eligible expense (e.g. water that they only benefit the not other unrelated projects.  or sewer lines in the public affordable development.  right-of-way, etc).  Affordability Added definition of Agree with AHAC’s Adds clarity to the policy  affordability period for recommendation  Downpayment Assistance  programs.  Loan Terms No recommendation Changing maximum loan No change for 100% affordable  amount from 10% of Total projects, but reduces loans for  Development Cost to 10% of mixed-income developments.  total development cost per Also aligns with Buncombe  affordable unit. County’s policy.  Underwriting None Relocating these sections to A cleaner, more concise policy & Post a procedure document that that is aligned with Council Closing will be shared with applicants goals, plus allows staff  and the public. These are flexibility to update procedures.  operational items, not  Council-approved policy  items.  Affirmative Renamed the Affirmative Agree with AHAC’s Clearer, more detailed Marketing/Fair Marketing section “Fair recommendation language about the City’s Housing Housing”. Added expectations around marketing  anti-discrimination and non-discrimination of unit  language and additional leasing.  language about the  marketing of units.  Scoring General recommendations Overall, staff recommends Scoring is one tool used to  about increasing the amending in the spirit of evaluate applications and will  importance of affordability AHAC’s recommendations; be more important if there are  levels, voucher set-asides, however, more time is more requests than funding  and affordability periods. needed to assess the available. For now, staff  AHAC did not make full recommendations. recommends thoroughly    \f recommendations for the assessing how changes to the  entire scoring rubric. scoring rubric would incentivize  different development types.  No further changes are  recommended to the rubric at  this time.  Committee(s): - The Affordable Housing Advisory Committee voted 8-0 on their recommendations at their  November 2, 2023 meeting. - The Housing and Community Development Committee voted 3-0 in favor of the  amendments at their November 27, 2023 meeting.  Pro(s): - Clarifications to the policy will help applicants and decision-makers with applications and  decision-making. - Changing the loan term to funding only affordable units ensures good use of City funds.  Con(s): - More time is needed to assess changes to the scoring rubric.  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.  Staff Recommendation - Staff recommends adopting the Housing Trust Fund Policy as outlined in the revised  policy document.   Ms. Vrtunski outlined her key takeaways from her presentation as follows: (1) The Affordable Housing Advisory Committee (AHAC) has made recommendations to revise the Housing Trust Fund (HTF) Policy; (2) Staff have evaluated these recommendations and have made revised recommendations; (3) HTF Policy revisions include a few substantive changes along with a number of updates to clarify language; and (4) AHAC made recommendations for changes to the scoring rubric, but staff have not yet had enough time to test and evaluate those potential revisions. She provided the HTF background as follows: (1) Housing Trust Fund was established by City Council in 2000; (2) City Council last updated the HTF Policy in December 2022; (3) Annual City allocation of $500,000 for the past 5-10 years; (4) Between 2001 - 2019, the HTF has loaned approximately $15 million and produced 1,300 units; and (5) In the last cycle, City Council allocated $4,387,850 towards the construction of 239 units. She then provided the following upcoming schedule for HTF applications (1) December 15, 2023 - Call for Applications; (2) January 31, 2024 - Applications Deadline; (3) March - Initial review by HCD Committee; (4) April - Final recommendations from HCD; and (5) April - Council makes final funding decisions. There is approximately $4.1 Million available in the Housing Trust Fund for allocation in the next cycle.   The AHAC met on November 2, 2023, and voted unanimously (8-0) to recommend the policy changes to the HCD Committee. In summary, those changes included: (1) Revised priorities for the use of the Housing Trust Fund Dollars - More units, deeper affordability, accepting vouchers, and longer affordability periods are the highest priorities; (2) A recommendation to realign the HTF scoring with the priorities (a) Develop separate scoring for ownership and rental projects; and (b) Set a minimum score requirement for receiving special loan terms; and (3) Updating language and organization of content to help with the policy’s clarity.    \f Using the charts below, she explained the substantive policy recommendations:  Section AHAC Staff Recommendation Implication  Priorities Changed the wording for the Agree with AHAC’s Longer list of  priorities to make them recommendation priorities, but  general priorities, and captures the City’s  eliminated a few priorities. goals in multiple  areas.  Eligible Uses Allow offsite infrastructure Allow offsite infrastructure Ensures that City  improvements as an eligible improvements if demonstrate funds go directly to  expense. that they only benefit the the development, and  affordable development. not other unrelated  projects.  Affordability Added definition of Agree with AHAC’s Adds clarity to the  affordability period for recommendation policy  Downpayment Assistance  Loan Terms No recommendation Changing maximum loan No change for 100%  amount from 10% of Total affordable projects,  Development Cost to 10% of but reduces loans for  total development cost per mixed income  affordable unit. developments. Also  aligns with Buncombe  County’s policy.  Section AHAC Staff Recommendation Implication  Underwriting None Removing these sections to A cleaner, more concise & Post a procedure document that policy that is aligned with Closing will be shared with Council goals.  applicants and the public.  These are operational  items, not council-approved  policy items.    \f Scoring General Overall, staff recommends Scoring is one tool used to  recommendations about amending in the spirit of evaluate applications and  increasing the AHAC’s recommendations, will be more important if  importance of however, more time is there are more requests  affordability levels, needed to assess the than funding available. For  voucher set-asides, and recommendations. now, staff recommends a  affordability periods. Did thorough assessment of  not make full how changes to the scoring  recommendations for the rubric would incentivize  entire scoring rubric. different development types.  No further changes are  recommended to the rubric  at this time.   The pros are (1) Clarifications to the policy will help applicants and decision-makers with applications and decision-making; and (2) Change to the loan term to funding only affordable units ensures good use of City funds. A con is that more time is needed to assess AHAC’s recommended changes to the scoring rubric.   The Affordable Housing Advisory Committee (AHAC) voted 8-0 to approve the revisions at their November 2 meeting. The Housing & Community Development met on November 27 and voted 3-0 to recommend approval. Staff recommends approval to adopt the Housing Trust Fund Policy as outlined in the revised policy document.   When Mayor Manheimer asked for public comments, none were received.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2023-12-12","mt":"regular","id":"VI-B","ref":"RES 23-269","it":"resolution","t":"Resolution No. 23-269 amending Housing Trust Fund loan award to Commonwealth Development Corporation (Fairhaven Summit, $975,000)","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of approval of Commonwealth Development’s request for an additional $475,000 in Housing Trust Fund (HTF) loan funds to support the Fairhaven Summit development with 2% interest, deferred payments for a period of 20 years for the purpose of developing affordable housing.  Background - Commonwealth Development Corporation is developing Fairhaven Summit, a Low  Income Housing Tax Credit (LIHTC) project that was awarded 9% tax credits in 2022. - Project is located at 3124/3130 Sweeten Creek Road, PIN 9655-33-2749 and  9655-33-0929. - The project will have 77 total units affordable to families at 30%, 50%, 70%, and 80% of  area median income (AMI), with a 30-year affordability period. - The City Council funded the project as a part of the Fiscal Year 2023-24 Housing Trust  Fund cycle and approved $500,000 on April 25, 2023. - The Commonwealth Development Corporation is requesting an additional $475,000 to  cover a funding gap created by increased interest rates. - HOME funds were approved in 2022 to support Fair Haven Summit totaling $400,000. - This project was approved by the City Council as a Conditional Zoning project in June  2022.  Proposal - Commonwealth Development Corporation (CDC) of Middleton, WI, has requested an  additional $475,000 in HTF financing for Fairhaven Summit, for a total loan amount of  $975,000. - The total loan will have a 20-year term; payments are deferred, but 2% interest  compounds annually. The City will be in third lien position; $1,232,778 due at maturity. - This request can be reduced to $375,000 if the US Treasury 10-Year Yield is below its  current 4.9% rate at the time of rate lock.  Units by Income and Bedrooms   Income Served No. of Units Bedroom Counts Notes   30% AMI 20 3 - 1 bdrm; 7- 2-bdrm; 10 - 3 bdrm Project Based Vouchers   50% AMI 11 2 - 1 bdrm; 3 - 2-bdrm; 6 - 3 bdrm KEY program - serving low  income residents with  disabilities   60% AMI 14 2 - 1 bdrm; 4- 2-bdrm; 8 - 3 bdrm   80% AMI 32 5 - 1 bdrm; 11- 2-bdrm; 16 - 3 bdrm  Project Financing   Source Amount Percentage of Total Per unit  Development Costs   1st Permanent Mortgage $9,393,000 41.06% $121,987   Buncombe County 1,235,000 5.40% 16,039   Asheville HTF 975,000 4.26% 12,662   HOME funds 400,000 1.75% 5,195   LIHTC Equity 10,181,552 44.51% 132,228   Refund Rate Lock Deposit 201,950 .88% 2,623   Deferred Developer Fee 488,690 2.14% 6,347   Total $22,875,192 100%    \fHousing Trust Fund Policy Compliance - The total request of $975,000 equals 4.26% of the total development cost, which is under  the policy cap of 10% of total development costs. - Both subordinate lenders are providing more funding than HTF.  Committee(s): - The Housing and Community Development Committee reviewed this item on November  27, 2023 and voted 3-0 in support of the request.  Pro(s): - This funding will support the construction of 77 affordable apartments for families with an  affordability period of 30 years. - The subsidy per unit for this request is $12,662 per unit, based on the full $975,000  request. - This project aligns with the City of Asheville’s Consolidated Plan goals of prioritizing  rental housing affordable to 60% AMI and below.  Con(s): - This request is out of cycle with other Housing Trust Fund requests. A new HTF cycle is  set to open in mid-December 2023.  Fiscal Impact: - Approval of this request will reduce the amount available in the Housing Trust Fund for  the next funding cycle by $475,000.  Staff Recommendation: - Staff recommends approval of the loan of $975,000 with a 20-year maturity; payments  deferred, but 2% interest compounds annually; based on the following: - Construction of 77 new affordable units for a range of incomes - 30% AMI to 80%  AMI. - Twenty units will be set aside for project-based vouchers and eleven (11) units  will utilize the KEY program for low-income residents with disabilities who are in  need of supportive services. - The requested City of Asheville HTF loan will comprise 4.26% of total  development cost, well below the 10% cap.   Ms. Vrtunski said the following are the key takeaways from her presentation: (1) Council funded this project as a part of the FY23-24 Housing Trust Fund cycle and approved $500,0000 on April 25, 2023; (2) The project is 100% affordable and includes 77 units, with a mix of incomes (30%, 50%, 60% and 80% AMI), averaging 60% AMI and below; (3) Commonwealth Development Corp is requesting an additional $475,000 for their Low Income Housing Tax Credit (LIHTC) project on Sweeten Creek Rd; (4) The additional funds are need to cover the gap created by increased interest rates; and (5) Staff recommends approval by HCD and City Council.   Fairhaven Summit is 77 units serving families on Sweeten Creek Road. They are rental apartments, 9% LIHTC development (NCHFA 2021 award). The developer is Commonwealth Development Corporation. The request is $475,000 in additional HTF financing for a total HTF contribution of $975,000. This request can be reduced to $375,000 (total of $875,000) if the US Treasury 10-Year Yield is below its current 4.9% rate at the time of rate lock. The loan terms are 20-year maturity; payments deferred, but 2% interest compounds annually; 3rd lien position; $1,232,778 due at maturity. She then explained the unit mix with projected 2023-24 rents and AMI levels. She also outlined the Fairhaven Summit financing sources.    \f The Housing and Community Development Committee reviewed this request on November 27, and voted 3-0 to recommend approval. The pros are (1) 77 affordable units for families, 30 years of affordability; (2) The requested HTF subsidy is $12,662 per unit, based on the full $975,000 request; (3) The loan will be less that 5% of the total development cost, leveraging several other funding sources; (4) The 20-year term will allow for the initial LIHTC compliance period to expire while motivating the developer to apply for new LIHTCs to update the property and refinance the debt; and (5) Aligns with an Asheville Consolidated Plan goal of prioritizing rental housing affordable to 60% of AMI and below. A concern is that this request is out of cycle with other HTF requests.   Staff recommends approval based on the following: (1) Construction of 77 new affordable units for a range of incomes - from 30% AMI to 80% AMI; (2) Supports families with a mix of one, two, and three-bedroom units; (3 Twenty units will be set aside for project-based vouchers and eleven (11) units will utilize the KEY program for low income residents with disabilities who are in need of supportive services; and (4) The requested City of Asheville HTF loan will comprise 4.26% of total development cost, well below the 10% cap.   When Councilwoman Roney asked if there has been any discussion about renewable energy at this location, Mr. Sean Brady with Commonwealth Development, said that the final design of the roof will support solar panels. However, they found that the cost of the system was too expensive; however, he personally believed there is an opportunity for that and after the site work is complete and if there is any money left in that pot, their current plan is to revisit that.   When Mayor Manheimer asked for public comments, none were received.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":20},{"d":"2023-12-12","mt":"regular","id":"VI-C","ref":"ORD 5050","it":"ordinance","t":"Ordinance No. 5050 amending Public Art and Cultural Commission (definition, membership, staff support, name, role)","desc":"Urban Designer Karli Stephenson said this is the consideration of an ordinance to revise Article III, Chapter 2, Division 11 of the Code of Ordinances regarding the Public Art and Cultural Commission.  Background: - The Public Art and Cultural Commission (PACC), an advisory board, was established by  City Ordinance as the Public Art Board on September 14, 1999. - On September 27, 2011, over 12 years ago, the ordinance was revised to expand the  roles and responsibilities of the Board and change the name of the Public Art Board to  the Public Art & Cultural Commission. - In the PACC’s 2022 Annual Report, the commission recommended to City Council that  the PACC ordinance be updated to: create standing seats on the commission for arts  organizations; to expand the role of PACC to include advising on festivals and special  events; and resolve” housekeeping” issues, such as updating which department  administers the program. - Including these changes will help the PACC to increase membership engagement,  encourage strategic partnerships, rectify administrative discrepancies, and create a  balanced membership. - The above desire resulted in the following proposed specific changes to the ordinance  text:  a. Revised definition of public art to include performances and festivals.  b. Composition: - Six members to be appointed by the city council from the private sector. - 3 members to be appointed by directors/chairs of the following  organizations: - One staff member of ArtsAVL, or a designated arts agency in  Buncombe County, appointed by the director of the arts agency. - One staff member from Explore Asheville, to be appointed by the  director of Explore Asheville. - One faculty or administrative staff member from a local,  higher-education institution within Buncombe County with a  designated arts program, appointed by the art program’s chair.  c. Updating text to read as gender-neutral and including intentional language about  equity and inclusion.  d. Changing staff support from the director of parks, recreation and cultural arts to  the planning and urban design director, or their designee. Changing the  Commission’s name to the Public Art and Culture Commission, and other  changes to assist with clarity and intent of text.  Committee(s): - Public Art and Cultural Commission - 9/21/23 - voted unanimously to move ordinance to  City Council - Boards and Commissions Committee - 11/16/23 - voted 2 to 1 to move ordinance to City  Council  Pro(s): - Updates the PACC’s ordinance to better define the scope of public art in the Asheville  community; gives Council and staff a method of engaging the public on special events. - Expands partnership opportunities by adding new, standing members. - Addresses and cleans up outdated language.  Con(s): - None.  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.    \f Ms. Stephenson outlined PACC’s mission statement per their current ordinance. PACC wants to update for the following reasons (1) Ordinance last reviewed in 2011 - housekeeping items; (2) Expand scope to include events - festivals and performances added to public art definition; and (3) Increase membership engagement, encourage partnerships and create a balanced membership - through standing seats for arts organizations and intentional language about equity and inclusion. She then introduced the current members of PACC. She outlined PACC’s milestones from 1983 - 2023. Proposed ordinance revisions include (1) Change Commission name to Public Art and Cultural Culture Commission; (2) Update the name of the department that provides staff support; (3) Broaden the definition of public art: … “can include, but is not limited to, murals, sculpture, memorials, community art, digital new media, and performances and festivals as long as it is located in a public space and open to the public; and (4) Update board membership composition. The following is the proposed composition: The commission shall consist of nine voting members appointed by various community organizations or the City of Asheville. The appointing bodies and current members should act in partnership to identify and appoint members that help create a balance on the commission between diverse perspectives, skills, experiences and interests, and shall ensure their appointments are made to advance equity and inclusion - Six members to be appointed by City Council; Three members to be appointed by the Directors/Chairs of the following: One member to be appointed by ArtsAVL; One member to be appointed by Explore Asheville; and One member to be appointed from a local, higher-education institution with a designated arts program. She explained why they created a seat for ArtsAVL as follows: (1) ArtsAVL’s Mission: Strong local government and community support, where the arts are valued for their contributions to Buncombe County; (2) Official lead arts organization for Buncombe County; (3) Proven partner for City public art projects; (4) Alignment with City’s Events Support Grant; (5) Arts admin and grant expertise; (6) Artist inventory; and (7) Artist opportunities. She then explained why they created a seat for Explore Asheville as follows: (1) Explore Asheville’s Strategic Imperative: Promote and support Asheville’s creative spirit - More focus on community investments moving forward; (2) Alignment with Festivals & Cultural Events Support Fund - local focus; (3) Better coordination on related programs and events; (4) Arts and tourism are interconnected; and (5) Help with marketing and promotion of events - current host of the Urban Trail website. She then explained why the created a seat for a local, higher-education institution with a designated arts program as follows: (1) Connecting young artists with resources and the local creative network; (2) Marketing and promotion of Asheville events and public art opportunities with students; (3) Build partnerships for projects and program; and (4) Eligible Institutions: UNCA Art & Art History; STEAM studio; Warren Wilson Arts & Humanities; and AB Tech Associate Degrees in Arts and Sciences. She then said that on September 21, 2023, the proposed ordinance updates were approved by PACC unanimously; and on November 14, 2023, the Boards & Commissions Committee approved the proposed revisions on a 2-1 vote.   When Councilwoman Ullman asked how the decision of who gets the seat by the local higher-education institution, Ms. Stephenson said that they will discuss that when they develop their by-laws.   Councilwoman Roney understood there may be some benefits for having organizationally-appointed members; however, she felt that the seat for Explore Asheville is a conflict of interest and power dynamic having the Tourism Development Authority (TDA) at the table because they host fee and at-cost events. She was worried about the competition with local promoters, especially small businesses and entrepreneurs, especially when anyone can apply. She suggested an artist having a designated seat.","c":"Economic Development","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/13Nnvm5qgqV5CoOhZr4p6VM0NQiqH3Cu7/view?usp=drive_link","mat":1,"mr":"contested vote","sq":21},{"d":"2024-01-09","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession and formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-01-09","mt":"regular","id":"II-B","ref":"RES 24-1 / ORD 5055","it":"resolution","t":"Resolution authorizing City Council to (consent); and budget amendment to accept the Lead Service Line Replacement grant from NCDEQ","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-01-09","mt":"regular","id":"II-C","ref":"RES 24-2","it":"resolution","t":"Resolution to approve the water (consent)","desc":"Background: - Environmental permits for the North Fork Spillway and Embankment Improvements project required the City to review and update the WSRP. (Drought Plan) - The Water Shortage Response Plan is typically enacted when drought conditions exist, and is triggered by specific levels in the source water reservoir(s). - NC Department of Environmental Quality Division of Water Infrastructure and NC Wildlife Commission have both reviewed and approved this updated version. - 15A NC Admin. Code 02E .0606 requires the water systems to update the WSRP every five years. - It has been the practice to seek Council approval if significant changes in the plan have occurred. - Public Comment was sought through social media posts, Public Input app, and the department’s website. - On February 14, 2023, City Council adopted Resolution No. 23-21 adopting the WSRP 2022 with the following significant changes to the WSRP 2022: - Rebalancing of the water treatment plant production levels during the three levels of drought management. Maximizing the water from the Mills River Water Treatment Plant (WTP) to reduce the demand on the Wm. DeBruhl WTP. - Phase III - Rate Surcharge (Emergency): Due to highly efficient appliances and plumbing fixture improvements during the past 20 years, the total percentage of water that customers were asked to cut back was reduced from 25% to 15%. - Implementation of drought triggers were updated. - Changes to the action levels regarding the probability of drought at a certain time period in the future were made. - Clarification of the process for less restrictive conservation levels based on lake level increases. - More stringent penalties for the use of irrigation meters during mandatory and emergency drought conditions. - Addition of a seamless doc form to request a variance. - The document clarified that the Director or designees is responsible for all subsequent revisions and the process to follow for full approval and implementation. - The NC DEQ, Division of Water Resources approved the plan on March 16, 2023. - City Council passed Resolution #23-21 prior to NC DEQ approval and the resolution did not include reference to N.C. Gen. Stat. sec. 143-355.2(a) and 15A NCAC 02E.0606 - 0607. - NC DEQ has requested that the City pass a new resolution approving the WRSP 2022 adding the minor revision. - No other substantive revisions to the Water Shortage Plan 2022 itself have been made since February 14, 2023.  Vendor Outreach Efforts: - n/a  Committee(s): - n/a Pro(s): - Complies with NC State Statutes and increases the resilience to provide potable water to customers in times of drought. Con(s): - n/a Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-01-09","mt":"regular","id":"II-D","ref":"RES 24-3","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"Background: - NCDOT I-2513 AA and AB projects will provide roadway modifications and improvements along I-40 and I-240 between I-40 exit 44 and the I-40 / I-240 interchange. - I-2513 AA and AB are two project phases of the NCDOT’s overall I-26 widening effort. - The City of Asheville owns and maintains municipal water lines within the right-of-way of the project area that will be impacted by the NCDOT improvements. - These improvements will impact and require relocating approximately 100 feet of 6” waterline along Montgomery St and 705 feet of 24” waterline along Sand Hill Rd. - As a condition of the installation, operation and maintenance of said waterlines within the NCDOT right-of-way, the City of Asheville Water Resources Department is responsible for 50% of the engineering and construction cost associated with adjustment or relocation of said waterlines should the need arise. - For the purpose of construction coordination and efficiencies, the City of Asheville Water Resources Department wishes to enter into this Utility Construction Agreement with NCDOT, which allows the waterline utility work to be performed as part of the NCDOT’s construction contract. - NCDOT has estimated that the cost to the City of Asheville for the relocation and adjustment of municipally owned water lines for this project will be $809,020.98. - This project will become part of the Water Resources Department’s ongoing Capital Improvement Program. Vendor Outreach Efforts: - No vendor outreach was performed for this Municipal Agreement for reimbursement, as it is to provide reimbursement for a NCDOT contract, and they are responsible for all vendor or contractor selection.  Committee(s): - None. Pro(s): - Execution of the agreement allows the City of Asheville Water Resources Department to meet its obligations to NCDOT for the adjustment or relocation of municipal water lines within the NCDOT right-of-way. - Execution of the agreement allows the required adjustment or relocation of municipal water lines to be performed under the NCDOT construction contract, which will provide construction efficiencies producing cost savings and allow construction schedules to be met. - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. Con(s): - There are no cons with entering this agreement. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-01-09","mt":"regular","id":"II-E","ref":"RES 24-4","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"Background: - Bentley Advanced Infrastructure loT software provides data management and analytics for sensors used in asset condition monitoring on the North Fork Dam. - Bentley Advanced Infrastructure loT products provide comprehensive management of sensory data for visualization and reporting. - This information is used to monitor current and changing conditions within the North Fork Dam, and to report any concerns to management. - The original equipment and sensors were installed in the North Fork Dam as part of the Spillway and Dam Improvement project that was conducted to provide resilience and added safety for the North Fork Dam. - The company that had provided the equipment and sensors was called Sensemetrics. - The Water Production division of the Water Resources Department continues to use the software to collect data to monitor the condition and stability of the North Fork Dam. - Sensemetrics transferred ownership and responsibility of the hardware and software to Bentley Advanced Infrastructure on July 14, 2021. - To date, a new contract has not been established for the services provided by Bentley Advanced Infrastructure even though services have been provided for 2021 and 2022. - Bentley Advanced Infrastructure is the sole developer and sole distributor of the loT software solutions. - Bentley Advanced Infrastructure is also the sole provider of Support and Maintenance Agreements for the loT Software and hardware. - Other options are available but require new equipment, hardware and software, which would create higher costs and could take multiple years to accomplish, which is not feasible. - Therefore, staff would like to contract with Bentley outside of normal competitive bidding requirements because standardization and compatibility are the overriding considerations with this contract. - Staff intends for this contract to be backdated to cover unpaid past costs and to extend for five years into the future, for eight total years. - Before this contract ends, staff intends to examine whether a different vendor could feasibly offer the same products or services for a future contract. - Bentley has estimated an annual cost of $8,650 for future years, plus $17,299 for past products and services rendered. - Staff intends to add a contingency amount for future years to cover potential pricing changes. Vendor Outreach Efforts: - None. The City is seeking a standardization and compatibility exemption from competitive bidding, given the challenges with using hardware and software technology and support from any other vendor at present..  Committee(s): - N/A Pro(s): - Software provides the Water Production Division with a program to monitor the condition of the North Fork Dam. - Dashboards with reports and graphics will help monitoring efforts for the North Fork Dam. Con(s): - There are no cons with this agreement. Fiscal Impact: - Funding for this contract ($10,000 annually, including an $8,650 annual estimated cost and a contingency, and $17,299 for past products and services rendered) is available in the Water Resources operating budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-01-09","mt":"regular","id":"II-F","ref":"RES 24-5","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"Background: - Mills River WTP Miscellaneous Upgrades - Phase II is a large-scale project that requires the services of an outside consulting engineering firm to ensure the success of the project. - Aspects of the project include: additional off-stream storage; third wastewater lagoon; additional finished water storage; replacement of several bulk chemical storage tanks and associated equipment; replacement of filter controls; replacement of mixers, flocculators, and various transferring pumps; and updating all lighting for more energy efficiency - The City has a Master Agreement for On-call Services (09/04/2020) with CDM Smith. - CDM Smith provided design services for the project and is best suited for performing the construction administration and observation services that will ensure success. - Bidding for the construction of the Mills River WTP Miscellaneous Plant Improvements - Phase 2 has begun. - Construction is anticipated to begin in the summer of 2024. - This project has a current budget of $10 million, including a $5 million State Revolving Fund (SRF)/ARPA grant. - Current estimates are that the project will require a total of $20 million to complete, with the additional $10 million likely funded via debt. - The additional debt needed has been included in rate modeling for the Water Fund. Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020, the City of Asheville selected four consulting firms to provide on-call professional services for Water Treatment Projects. - CDM Smith Inc. was one of the selected firms due to their expertise in areas of water distribution projects, water system analysis and project development. - The City of Asheville entered into a master agreement with CDM Smith Inc. on September 4, 2020 for on-call professional services for Water Distribution and Storage Projects, valid for three years and has been renewed for an additional year on September 4, 2023 with the option to renew for an additional year. - If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Water Treatment Projects was the best method to deliver this project and CDM Smith Inc. was specifically qualified to provide the required engineering services. - No other vendor outreach was performed.  Committee(s): - n/a Pro(s): - Construction Administration and Observation Services by CDM Smith will ensure the successful completion of the phase II project. - The contract will provide guidance to City staff to ensure all requirements of the SRF/ARPA grant are adhered to and provide oversight and guidance on reimbursement from the SRF/ARPA grant. Con(s): - There are no cons to entering this contract. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-01-09","mt":"regular","id":"II-G","ref":"RES 24-6","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-01-09","mt":"regular","id":"II-H","ref":"RES 24-7","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"Background: - The City of Asheville (City) Risk Management Division administers the City liability claims program and since 2010, PMA has provided liability claims handling services (Services), including: claims adjusting, record keeping and check issuance. - In 2018, Services were sought via a Request for Proposals and PMA was the best proposer. - In 2023, Services were sought via a Request for Proposals and PMA was the best proposer. - Historically, Services total approximately $25,000 annually but Service contracts are encumbered for $70,000 annually in order to ensure adequate available funds. - Charges are incurred per claim handling service, which varies annually. - As a result of seeking multiple years of PMA Service provision, the aggregate value of PMA’s Service contract will exceed $90,000 in Fiscal Year 2025, necessitating City Council authorization. Vendor Outreach Efforts: - Funding for this on-going contracted service is provided annually through the City Property & Liability Fund. - As a result, outreach and engagement for the service followed the City’s Request for Proposals (RFP) and business inclusion processes. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Below are the responses: Proposer City/State of Domicile Estimated Cost to Provide Services Brentwood Services Administrators Brentwood, TN $116,200 Innovative Claims Services Piscataway, NJ No Estimate Provided Johns Eastern Lakewood Ranch, FL $68,175 PMA Management Corporation Blue Bell, PA $42,118 SCA Greenville, SC $65,000 + $200/open claim Tristar Long Beach, CA $86,856 USIS, Inc. Orlando, FL No Estimate Provided  Committee(s): - None. Pro(s): - Ensures service continuity to support the City liability program. Con(s): - None. Fiscal Impact: - Contracted Services expenses are budgeted within the Property & Liability Fund and adopted with the Fiscal Year 2024 budget. The contract is contingent on budget appropriations in future fiscal years.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-01-09","mt":"regular","id":"II-I","ref":"RES 24-8","it":"resolution","t":"Resolution authorizing the City Manager (consent)","desc":"Background: - The City of Asheville (City) Risk Management Division administers the City workers’ compensation program, and since 2012, PMA has provided workers’ compensation claims handling services (Services), including: claims adjusting, record keeping and check issuance. - In 2018, Services were sought via a Request for Proposals and PMA was the best proposer. - In 2023, Services were sought via a Request for Proposals and PMA was the best proposer. - Historically, Services total approximately $36,000 annually but Service contracts are encumbered for $70,000 annually to ensure adequate available funds. - Charges are incurred per claim handling service, which varies annually. - As a result of seeking multiple years of PMA Service provision, the aggregate value of PMA’s Service contract will exceed $90,000 in Fiscal Year 2025, necessitating City Council authorization. Vendor Outreach Efforts: - Funding for this on-going contracted service is provided annually through the City Workers’ Compensation Fund. - As a result, outreach and engagement for the service followed the City’s Request for Proposals (RFP) and business inclusion processes. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Below are the responses: Proposer City/State of Domicile Estimated Cost to Provide Services Brentwood Services Administrators Brentwood, TN $116,200 Innovative Claims Services Piscataway, NJ No Estimate Provided Johns Eastern Lakewood Ranch, FL $68,175 PMA Management Corporation Blue Bell, PA $42,118 SCA Greenville, SC $65,000 + $200/open claim Tristar Long Beach, CA $86,856 USIS, Inc. Orlando, FL No Estimate Provided  Committee(s): - None. Pro(s): - Ensures service continuity to support the City workers’ compensation program. Con(s): - None. Fiscal Impact: - Contracted Services expenses are budgeted within the Workers’ Compensation Fund and adopted with the Fiscal Year 2024 budget. The contract is contingent on budget appropriations in future fiscal years.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-01-09","mt":"regular","id":"II-J","ref":"RES 24-9","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - IPS parking meters were originally purchased in 2017 as part of a continuing effort to improve and enhance customer service. - A power problem with the solar panels that would not allow the batteries to fully charge was discovered that led the City to begin searching for a new service provider. - The City of Asheville began transitioning to MacKay parking meters in 2021. - Supply chain issues have delayed the transition and led to an extended need for IPS parking meter management services. - There are approximately 450 remaining IPS meters and staff have placed an order with MacKay to replace them. - While the transition continues, it is necessary for the City to continue to utilize the IPS meters and the backend software provided by IPS to ensure they remain operational while needed. - Supply chain issues have prolonged the transition, however staff is confident that the full transition will be completed by June 30, 2025. - The previous contract with IPS expired on June 30, 2023. - Staff is requesting a contract backdated to July 1, 2023 and extending to June 30, 2025 to cover services rendered since the contract expired and to ensure continued support while the transition to MacKay is completed. Vendor Outreach Efforts: - None, this is a current contractor. IPS is both the manufacturer and service provider for the parking meters and has been in place since 2017. - Staff is requesting exemption from competitive bidding requirements because, for standardization and compatibility reasons, staff will need to continue to contract with IPS to keep meters running during the transition to MacKay.  Committee(s): - None Pro(s): - Provides the continued use of over 250 meters in the Central Business District. Con(s): - Cost of running two different meter management systems.  Fiscal Impact: - Funding for this contract is available in the Parking Services operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-01-09","mt":"regular","id":"II-K","ref":"RES 24-10","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The I-26 Connector Project is a transformational $1.35 billion NCDOT construction project. - City Council approved Resolution No. 23-31 on February 14, 2023 authorizing the City Manager to sign a funding letter of commitment to the NCDOT regarding the city betterments and aesthetics treatments for project sections I-2513B and I-2513D. - The funding letter of commitment was sent to NCDOT on February 15, 2023. - At the time the funding letter of commitment was sent, the anticipated cost of the aesthetic treatments was $5,889,024 and the betterments was $1,412,900, for a total of $7,301,924. - The estimated cost of the aesthetics treatments remains at $5,889,024. - The estimated cost of the betterments has been adjusted to account for the NCDOT’s complete street policy and a design-build cost factor. - It is now at $1,129,400, which is $283,500 less than the previous estimate. - The latest estimate of $1,129,400 will not change. - The anticipated award date is during February 2024, with construction anticipated to begin in February 2025. - The City has an interest-free time period of three years from the anticipated start of construction date to pay for the additional construction work. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Provides an opportunity for the City to enhance the pedestrian and bicyclist experience by providing wider multi-use transportation paths and sidewalks. - Provides an opportunity for the City to enhance the aesthetic appeal to a major transformational project that will be constructed by the NCDOT. Con(s): - Cost of the aesthetics treatments and betterments. Fiscal Impact: - The estimated cost of the aesthetics treatments ($5,889,024) is planned in the General Capital Improvement Program (CIP) for FY 2026-27 and is anticipated to be paid to NCDOT in February 2027. - The estimated cost of the betterments ($1,129,400) was previously budgeted and is available in the General Capital Projects Fund. - It is anticipated to be paid to NCDOT in February 2028. - These estimated costs are not subject to change.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-01-09","mt":"regular","id":"II-L","ref":"RES 24-11","it":"resolution","t":"Resolution to amend the current (consent)","desc":"Background: - The City of Asheville has a current contract with Restocon, Inc. for the replacement of the center stairwell in the Harrah’s Cherokee Garage as well as lighting repairs within the garage. - The center stairwell of the garage has been inaccessible to the public since 2019. - The project has been delayed due to several factors, including supply chain disruptions, contractor staffing turnover, and complications experienced throughout the design of the replacement stairwell as well as the design and installation of some of the garage’s lighting structural supports. - Restocon has completed necessary design and permitting to finish the remaining work required to reopen the stairwell. - This action will provide the additional funding necessary for Restocon to complete construction, have final inspections conducted, open the stairwell, and ultimately close the contract. - The project is estimated to be completed prior to June 1, 2024. Vendor Outreach Efforts: - None, this is a current contract with Restocon, Inc.  Committee(s): - None Pro(s): - This action will provide the additional funding necessary for Restocon to complete the project, complete final inspections, open the stairwell, and ultimately close the contract with Restocon. Con(s): - None. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Parking Services Capital Project Fund.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-01-09","mt":"regular","id":"II-M","ref":"RES 24-12","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - The Capital Projects Department is a subrecipient of the City’s Community Development Block Grant (CDBG) award from the U.S. Department of Housing and Urban Development to make improvements to the Stephens-Lee Recreation Center. - Earlier this year, under the Stephens-Lee Recreation Center Capital Improvements project, grant funds were used to renovate the showers in the second floor restrooms, implement acoustical improvements in the multi-purpose room, alleviate water infiltration into the stairwells and clean and repair the water damaged walls and stairs. - Remaining contingency funds from the annual CDBG award have been identified, and allocated for additional improvements at the Stephens-Lee Recreation Center. - The remaining grant funds will be used to complete the renovation of the second floor restrooms, including resized Americans with Disabilities Act (ADA) accessible toilet stalls, new toilet partitions and accessories, new plumbing fixtures, and new floor and wall tile. - Bid 298-CP24-D2401-BID was advertised on December 11, 2023. - Bids were due on December 29, 2023, and the following bids were received: - J. Bartholomew Construction, LLC of Hendersonville, NC $121,500 - Carolina Cornerstone Construction, Inc. of Asheville, NC $154,634 - Haynes Industrial of Asheville, NC $177,109 - Patton Construction Group, Inc. of Asheville, NC $163,500 - J. Bartholomew Construction, LLC was deemed to be the lowest responsive and responsible bid. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also performed outreach to Section 3 low- and very low-income businesses, and required bidders to do the same. - A woman-owned subcontractor, Noble Specialties of Weaverville, NC, submitted a bid with this prime contractor.  Committee(s): - None Pro(s): - This project is fully funded by federal grant dollars. - The terms of the grant funding require efforts to include neighborhood businesses and workers in the project to maximize the localized benefits of the federal dollars. - The improvements will improve the function and enjoyment of the recreation facilities, and will extend the useful life of the building. Con(s): - None Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Community Development Block Grant (CDBG) Fund. - The project is entirely funded by a federal grant, with no additional City resources required.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-01-09","mt":"regular","id":"II-N","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. statute (consent)","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases are provided to City Council.  Pro(s): - Ensures compliance with provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. Con(s): - None Fiscal Impact: - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-01-09","mt":"regular","id":"IV-A","ref":"ORD 5056","it":"public_hearing","t":"Ordinance to amend the conditional zoning ordinance (Ord 4702) for property at 141 and 147 S. (511 Brevard Rd)","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the conditional zoning ordinance (Ordinance No. 4702) for property located at 141 & 147 S. Bear Creek Road for the purpose of removing a restriction prohibiting drive-through facilities. This public hearing was advertised on December 29, 2023, and January 5, 2024. Project Location and Contacts: - The project site totals 2.97 acres located at 141 & 147 S. Bear Creek Rd - Owners: Bear Creek Holdings LLC Summary of Petition: - Ordinance No. 4702 was adopted October 9, 2018 rezoning the property located at 141 & 147 S. Bear Creek Rd (formerly known as 511 Brevard Rd) from Highway Business (HB) to Lodging Expansion - Conditional Zone (LODG EXP-CZ) and Highway Business - Conditional Zone (HB-CZ). - The site is designated “Urban Corridor” on the city’s Future Land Use (FLU) Map. - The purpose of the rezoning was to permit the construction of a 106 room hotel with associated site improvements (surface parking, sidewalks, landscaping, etc.) on approximately 2 acres, and to reserve a one acre parcel to the north for future outparcel development. - The hotel has since been constructed and is under operation. - The outparcel remains undeveloped. - Included in the project conditions for the 2018 conditional zoning was a restriction prohibiting drive-through facilities, prioritizing a pedestrian environment and sidewalk connectivity. - Condition #12 from the 2018 adopted ordinance reads: 12. Future uses on Lot 2 shall conform to uses permitted in the Highway Business District and comply with all applicable standards as required in the UDO and other technical standards. No drive-throughs will be permitted on Lot 2 [Emphasis]. - Other multi-modal requirements included: - A new five-foot sidewalk with a five-foot landscape strip shall be constructed along the entire frontage of Lot 1 (hotel) and Lot 2 (outparcel) along S. Bear Creek and Brevard Roads. - A sidewalk and crosswalk will connect the sidewalk on S. Bear Creek to the hotel building. - A transit shelter installed at the stop on Brevard Rd. - A shuttle service to guests. - A pedestrian signal across S. Bear Creek Rd, pending NCDOT approval. - Right-of-way to be set aside for a pedestrian crossing on Brevard Rd, pending NCDOT approval. - A 5-15’ wide greenway easement, pending Buncombe County approval. - The request for a conditional zoning amendment to remove the drive-through facility was heard by the Planning & Zoning Commission on October 6, 2021 and was unanimously denied. The main concerns expressed by the commission included that there was no site plan proposed to show how a drive-through facility would minimize potential impacts with pedestrians and other uses of Brevard and S. Bear Creek Roads. - The applicant has proposed a revised site plan showing the new commercial building and drive-through and is requesting that the prohibition of drive-through facilities be lifted on Lot 2. Revised Site Plan - The revised site plan proposes a new 6,000 s.f. commercial building located on Lot 2 with  a drive-through facility. - Access to the new commercial building is proposed off the project’s internal driveway approximately 50 feet south of S. Bear Creek Road. - 48 new parking spaces are proposed where 30 spaces are required. - A new sidewalk connection is proposed between this new building and Brevard Rd, as well as between the new building and the existing hotel building. - The crosswalk at the project’s driveway off of S. Bear Creek Rd is proposed to be improved to a high-visibility crosswalk. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Facilitate Real Estate Development that Maximizes Public Benefit - by establishing accessible and well-connected commercial nodes. - The proposed development is partially compatible with the Future Land Use designation of “Urban Corridor”, which is proposed, in part, that “there would be a lot of benefit from refocusing their development and land use patterns, especially including multi-modal access and transit facilities, as well as building and parking placement that enhances the pedestrian experience along and connecting to these corridors, while providing continuity between the urban and town centers to which they link”. Compatibility Analysis: - The proposal is generally consistent with the adjacent RB zoning, and with the Buncombe County zoning of Commercial Service. The site is also located near Interstate 40 and controlled access right-of-way where drive-through facilities are commonly located.  Committee(s): - Planning & Zoning Commission (PZC) - December 6, 2023 - approved (Vote 7:0) with the following conditions: 1) That the crosswalk at the project’s entrance on S. Bear Creek Rd be improved to a high visibility crosswalk; 2) That a pedestrian connection be provided in the form of a sidewalk between the existing hotel and future building on the outparcel; and, 3) That the project make best efforts to minimize potential conflicts between the drive aisles and drive-through queue with pedestrians. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan and the site plan with sidewalks. Conditions include (1) Future uses on Lot 2 shall conform to uses permitted in the Highway Business District and comply with all applicable standards as required in the UDO and other technical standards. No drive-throughs will be permitted on Lot 2; (2) indicated on the revised site plan, incorporated herein by reference: (a) Access to future uses on Lot 2 will be from the existing driveway to the site; (b) A new, minimum 5’-wide sidewalk will connect Lot 2 to Brevard Rd; (c) A new, minimum  5’-wide sidewalk will connect the existing hotel to Lot 2, with the final location to be agreed upon by the owners of the hotel and future building on Lot 2; and (d) The crosswalk at the project’s entrance on S. Bear Creek Rd be improved to a high visibility crosswalk; and (3) The Project will make best efforts to minimize potential conflicts between the drive aisles and drive-through queue with pedestrians. On December 6, 2023, the Planning & Zoning Commission December 6, 2023, approved the project with conditions. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning amendment. When Councilwoman Ullman asked how does this section fall into our bigger plans for transportation, Mr. Palmquist said that Brevard Road is on the County’s greenway plan and the original condition was to provide an easement to the County. The County is in the process of upgrading their greenway plan. He did acknowledge that Brevard Road is a major transportation corridor and he didn’t know if this parcel is more strategic than any other. Councilwoman Roney recalled when she was in the audience when this was brought to Council in 2018, the concern was the future and how we move as a City forward in general. Her concerns are whether drive throughs are the best for our tax base, for safety, for traffic concerns, and for the ways that people move through this intersection. She was not sure this type of land use is in our best interest and could not support the amendment. In response to Councilwoman Ullman, City Attorney Branham said that City Council’s authority lies in deciding the consistency of the property with adopted area plans, and the reasonableness of the proposal, not in the specific planned activity upon the land. Since this is a conditional zoning, Council can look at the specific plan and determine what, if any, impacts will result from the use, and whether those are not reasonable in terms of how they affect the surrounding area and the community at-large. It would be beyond Council’s authority to say a specific business or business type are unreasonable, but a specific design of a business is within the purview of a land use in the context of a conditional zoning. Mayor Manheimer opened the public hearing at 5:27 p.m. Claudia Nix spoke in opposition to the amendment to the conditional zoning in that she didn’t feel it’s best from a transportation standpoint for a drive-through. Typically drive-throughs have long lines spewing emissions and it’s not good for walkers or bikers. Mayor Manheimer closed the public hearing at 5:30 p.m. Mr. Derek Allen, attorney representing the applicant, said that this is a very much vehicle corridor. He explained why he felt the prohibition on the drive-through was inserted in the conditions in 2018, and it makes less sense now. Since COVID, people do not want to go inside, especially when they are right off of I-40. Vice-Mayor Kilgore said that she travels this road daily and felt this area needs to be activated. In response to Vice-Mayor Kilgore, Mr. Allen said that they are only requesting one drive-through and it is tied to the site plan layout. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Smith","r":"passed","ta":"4-2","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2024-01-09","mt":"regular","id":"VI-A-13","ref":"RES 24-13","it":"appointment","t":"Resolution appointing Alvarez Abernathy to the Affordable Housing committee","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Committee. Shantelle Simpson has resigned from the Affordable Housing Advisory Committee, thus leaving an unexpired term until September 1, 2026. The following individuals applied for the vacancy: Tod Leaven, Jen Hampton, Daran Smith, Greg Borom Christina Maimone, Alvarez Abernathy, Zalika McDaniel, Bill Hume and Jonathan Brown. The Chair of the Affordable Housing Advisory Committee recommended, and the Boards & Commissions Committee concur, to appoint Alvarez Abernathy.","c":"Housing","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2024-01-09","mt":"regular","id":"VI-A-14","ref":"RES 24-14","it":"appointment","t":"Resolution reappointing Robin Cape to the Alcoholic Beverage Control board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Alcoholic Beverage Control Board.. On January 12, 2021, Robin Cape was appointed a member on the Alcoholic Beverage Control (ABC) Board with her term expiring on November 13, 2023. On October 11, 2022, by","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"no material signals","sq":16},{"d":"2024-01-09","mt":"regular","id":"VI-A-15","ref":"RES 24-15","it":"appointment","t":"Resolution appointing members (reappoint Suzanne Godsey)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Adjustment. The terms of Paul Wilcyznski (regular), Suzanne Godsey (regular), John Michael Kledis (alternate), David Angelus (alternate), Wendy Tabb (alternate) and Annette Wise (alternate) expire on January 21, 2024. In addition, Andrew Garrard (alternate) has resigned, thus leaving an unexpired alternate seat until January 21, 2025. Staff will be working to revise the ordinance membership to comply with State law. The following individuals applied for the vacancy: Jillian Ballard and John Michael Kledis. The Chair of the Board of Adjustment recommended, and the Boards & Commissions Committee concur, to reappoint Susan Godsey (regular member), reappoint John Michael Kledis (regular member), reappoint Annette Wise (alternate member) and appoint Jillian Ballard (alternate member).","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"no material signals","sq":17},{"d":"2024-01-09","mt":"regular","id":"VI-A-16","ref":"RES 24-16","it":"appointment","t":"Resolution appointing members (reappoint Michael McDonough)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Design Review Committee. The terms of Steven Lee Johnson (serving as one of the Downtown Commission seats), Michael McDonough (at large member), and Bryan Moffitt (serving as one of the Downtown Commission seats) expired on December 31, 2023. Mr. Johnson is serving as one of the Downtown Commission seats; however, his term on the Downtown Commission expires and he is not eligible for reappointment to that Commission. Therefore, he is not eligible to be reappointed to the Design Review Committee as the Downtown Commision representative. The Chair and staff of the Design Review Committee recommend (1) moving Ricardo Seijo from the at-large member on the Design Review Committee to serve as the Downtown Commission representative on the Design Review Committee; (2) reappointing Bryan Moffitt as a Downtown Commission representative on the Design Review Committee; (3) reappointing Michael McDonough as an at-large representative on the Design Review Committee; and (4) appointing Steven Lee Johnson as an at-large representative (formerly filled by Ricardo Seijo) on the Design Review Committee. The following individuals applied for the vacancy: Christopher Mansfield, N. Astrid Hoffman, John-Michael Henson, Ryan Taylor and Jessica Christian.","c":"Economic Development","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":1,"mr":"policy category","sq":18},{"d":"2024-01-09","mt":"regular","id":"VI-A-17","ref":"RES 24-17","it":"appointment","t":"Resolution appointing members (Stu Helms and Billy Cooney)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. The terms of Andrew Fletcher, Steven Lee Johnson and Nur Edwards (moved outside City limits), expired on December 31, 2023. The following individuals applied for the vacancy: Ben Gladstone, Tom Hunter, Billy Cooney, David Moritz, Douglas Buchalter, Chad Roberson, Clarissa Hyatt-Zack, Stu Helm, Byron Greiner, Abigail Griffin, Michael Fulbright, Hayden Plemmons, Christina Maimone, Colin McBeath and Bill Hume.  The Chair of the Downtown Commission recommended reappointment of Nur Edwards and appointment of Ben Gladstone and Stu Helms. It was the consensus Boards & Commissions Committee to reappoint Nur Edwards and appoint Stu Helms and Billy Cooney.","c":"Economic Development","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":1,"mr":"policy category","sq":19},{"d":"2024-01-09","mt":"regular","id":"VI-A-18","ref":"RES 24-18","it":"appointment","t":"Resolution appointing Andy Bobowski to the Human Relations Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission. Jack Hoda has resigned as a member of the Human Relations Commission, thus leaving an unexpired term until June 1, 2025. The following individuals applied for the vacancy: David Shaw, Robyn Hite, Andy Bobowski, Willa Grant, Danie Johnson, Alena Kimas and Bethany Vance. The Chair of the Human Relations Commission recommended, and the Boards & Commissions Committee concur, to appoint Andy Bobowski.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"no material signals","sq":20},{"d":"2024-01-09","mt":"regular","id":"VI-A-19","ref":"RES 24-19","it":"appointment","t":"Resolution appointing members (Alexandria Monique Ravenel and Rachel ...)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Culture Commission. The terms of Andrew Fletcher and Marsha Almodovar as members on the Public Art & Culture Commission, expired on June 30, 2023. The following individuals applied for the vacancies: Paul Tay, Kevin King, Jennifer Maer, Alexandria Monque Ravenel, Charlie Huguenard and Rachel Hanson.  The staff liaison and the Chair of the Public Art & Culture Commission recommend appointing Alexandria Monique Ravenel and Rachel Hanson.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"no material signals","sq":21},{"d":"2024-01-09","mt":"regular","id":"VI-A-20","ref":"RES 24-20","it":"appointment","t":"Resolution appointing Osondu McPeters to the Community Reparations Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Community Reparations Commission.. Dr. Tamarie Macon resigned as a member on the Community Reparations Commission. Staff of the Community Reparations Commission recommended, and the Boards & Commissions Committee concur, to appoint alternate Osondu McPeters (currently alternate member). Staff does not recommend replacing the alternate member as it is too far into the reparations process.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"no material signals","sq":22},{"d":"2024-01-09","mt":"regular","id":"VI-A-21","ref":"RES 24-21","it":"appointment","t":"Resolution reappointing Tim Ormond and Steven Baron to the Sustainability Advisory Committee","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainability Advisory Committee. The terms of Tim Ormond and Steven Baron, as members on the Sustainability Advisory Committee, expired on December 31, 2023. The following individuals applied for the vacancy: Sophie Loeb, Anna Alsobrook, Tod Leaven, Mimi Gordon, Lindsay Parpart, Russ Thacher, Lin Orndorf, Daniel Ratner and Bill Hume. The Chair of the Sustainability Advisory Committee recommended, and the Boards & Commissions Committee concur, to reappoint Tim Ormond and Steven Baron.","c":"Environment & Sustainability","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"no material signals","sq":23},{"d":"2024-01-09","mt":"regular","id":"VI-A-22","ref":"RES 24-22","it":"appointment","t":"Resolution appointing John-Michael Henson and Patricia Grace and reappointing Karen MacNeil to the Urban Forestry Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Cecil Bothwell, Sharon Sumrall and Karen MacNeil, as members of the Urban Forestry Commission, expired on December 31, 2023. The following individuals applied for the vacancy: Lyda Karrh, Kelly Carlson, Phaedra Xanthos, Jennifer Abla, Scott Alba, John-Michael Henson, Patricia Grace and Susan Loftis. The Chair of the Urban Forestry Commission recommended to reappoint Karen MacNeil and appoint Scott Alba, Patricia Grace or John-Michael Henson. It was the consensus of the Boards & Commissions Committee to reappoint Karen MacNeil and appoint Patricia Grace and John-Michael Henson.","c":"Environment & Sustainability","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1sugQHJUmdo7QtmvmYhzI03mvdmpmQWNY/view?usp=drive_link","mat":0,"mr":"no material signals","sq":24},{"d":"2024-01-23","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-01-23","mt":"regular","id":"II-B","ref":"RES 24-23","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - Weekly field trips to the pools and other locations are included in youth and teen summer  program activities. - There are approximately 46 trips scheduled during summer programs with up to 45  youth/teens on each trip. - The Parks and Recreation Department had been contracting with Emma Bus for  services. - In 2022, Emma Bus communicated their inability to meet our transportation needs due to  bus driver shortages.  Vendor Outreach Efforts: - In January 2023, an RFP for summer program transportation was issued for a one-year  time period with two one-year optional extensions. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System, internet vendor searches, and direct outreach. - Three vendors responded to the RFP. - TRY, Inc (Young Transportation) was the only vendor able to meet our transportation  needs and with a completed one-year contract, the City would like to extend for an additional two one-year terms. - The total contract amount with extensions requires City Council approval. - The total contract amount is not to exceed $167,927.70 (which includes the amount paid  for the first year’s contract).  Committee(s): - N/A  Pro(s): - The weekly field trips provide an additional opportunity for enrichment activities during  summer programs. - With the affordability of our camps, it allows children to participate in field trip activities  they may not be able to outside of Parks and Recreation. - The cost of a bus and staffing to provide in-house transportation services that could  benefit programs in addition to summer programming is expensive and cost prohibitive.  Con(s): - The annual cost of renting bus transportation for summer programs. - The lack of flexibility if a trip is canceled and the inability to be rescheduled due to a full  TRY, Inc schedule. - Not having this transportation service these enrichment experiences would not be able to  be provided in summer programming.  Fiscal Impact: - The cost to provide this service from June to August 2024 is $54,590. - The cost is determined by the number of full and half day trips during the summer. - Funding for this contract is available in the Parks and Recreation Department operating  budget. Future years will be planned during the annual budget development process.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-01-23","mt":"regular","id":"II-C","ref":"RES 24-24","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - Parks and Recreation athletic facilities are limited and in high demand by other user groups. - Asheville City Schools (“ACS”) has multiple athletic complexes. - The agreement gives Asheville Parks and Rec (“APR”) access to outdoor athletic fields,  indoor gymnasiums and meeting rooms. - Asheville City School owns:  1. Montford North Star Academy property, located at 90 Montford Ave, Asheville, NC 28801 which includes an athletic facility that includes a field and gymnasium;  2. Claxton Elementary property located at 241 Merrimon Avenue, Asheville, NC, 28801 which includes an athletic facility that includes a gymnasium;  3. Hall Fletcher Elementary property located at 60 Ridgelawn Rd, Asheville, NC 28806 which includes an athletic facility that includes a baseball field and gymnasium;  4. Ira B Jones Elementary property located at 544 Kimberly Ave, Asheville, NC 28804 which includes an athletic facility that includes a gymnasium;  5. Isaac Dickson Elementary property located at 125 Hill St, Asheville, NC 288015 which includes an athletic facility that includes a gymnasium; and  6. Lucy S. Herring Elementary property, located at 98 Sulphur Springs Rd, Asheville, NC 28806 which includes an athletic facility that includes a field and gymnasium. - The initial term will be ten (10) years with the option of two (2) extensions of five (5) years each. - Parties will be responsible for any and all damage, injury or breakage to any buildings, windows, fences, fields or other property owned by the other party as a result of their programming. - Both parties shall also be responsible for keeping said premises free and clear of trash or litter brought or left on premises by the players or spectators during their programming use. - The City & ACS shall be responsible for security and staffing during recreation activities, if needed, in connection with its use of the premises. - The City will furnish and supply expendable materials necessary for carrying on a Community Recreation Program for all ages, in or on the facilities under its supervision and ACS is responsible for and agrees to furnish and supply all materials and equipment necessary for carrying out ACS programs.  Vendor Outreach Efforts: - None  Committee(s): - None  Pro(s): - Opportunity to provide additional community recreation programming and expand  accessibility that will address achievement gaps, student wellness, community issues/challenges and facility use agreements. - Reduces competition with other athletic groups for use of a limited supply of athletic recreation facilities - Continues partnership with ACS - Increases recreational athletic programs to more participants - The agreement will not impact existing user group access to City athletic facilities.  Con(s): - None  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-01-23","mt":"regular","id":"II-D","ref":"RES 24-26","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - Parker Technology, LLC (Parker) was selected by the City of Asheville in February 2017  to provide 24-7 real-time video-based call center services in the City of Asheville’s parking garages. - Customers experiencing an issue when attempting to enter or exit a garage facility are able to press a button on the entry/exit equipment that automatically connects the customer to a Parker Technology representative via a live video feed to request assistance with using the equipment. - The previous contract with Parker ended on January 24, 2023. Staff is requesting an additional $110,000 to pay Parker for services previously rendered and to continue services through June 30, 2024 with two optional three-month renewal periods. - Staff is initiating a formal solicitation process with a plan to have the new vendor in place by June 30th. The two requested optional three-month renewals will be used to ensure continuous customer service coverage if there is a delay in the vendor selection process. - The $110,000 requested would cover the entire life of the contract, including both optional renewal periods.  Vendor Outreach Efforts: - None, Parker Technology, LLC is a current service provider. Parker Technology, LLC is  both the manufacturer and technical support provider for the parking garage customer service equipment which has been in place since February 2017. As mentioned above, staff is requesting to enter into this contract without competitive bidding or outreach as exceptions to normal City policy to pay for past services and help ensure that services continue to be provided while staff prepares for competitive bidding and outreach and a potential transition to a new vendor.  Committee(s): - None  Pro(s): - This action will support the continuation of current/existing parking garage call center  service levels.  Con(s): - Council would be making an exception to the City’s typical competitive bidding and  outreach policies.  Fiscal Impact: - Funding for this contract is available in the Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-01-23","mt":"regular","id":"II-E","ref":"RES 24-27","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - Passport Labs, Inc. was selected by the City of Asheville in January 2021 to offer mobile  pay options for the Parking Services Division using competitive bidding through the National Cooperative Purchasing Alliance/Omnia Partners program. - Passport Labs, Inc.’s technology allows parking customers to pay using their mobile devices. - The previous contract with Passport Labs, Inc. ended on January 1, 2023. Staff is requesting $161,000 to pay Passport Labs, Inc for services previously rendered and to continue services through June 30, 2024. - Staff is initiating a formal solicitation process with a plan to have the new vendor in place by June 30th. The two requested optional three-month renewals will be used to ensure continuous customer service coverage if there is a delay in the vendor selection process. - The $161,000 requested would cover the entire life of the contract, including both optional renewal periods.  Vendor Outreach Efforts: - None, Passport Labs, Inc. is a current service provider. Passport Labs, Inc is both the  manufacturer and technical support provider for the services which have been in place since January 1, 2021. - The current services provided are available through the National Cooperative Purchasing Alliance/Omnia Partners program, which was awarded competitively via a nationwide selection process.  Committee(s): - None  Pro(s): - This action will support the continuation of current/existing mobile payment options for all  City-owned parking meters through 2024 if needed to avoid a service interruption.  Con(s): - Council would be making an exception to the City’s typical competitive bidding and  outreach policies.  Fiscal Impact: - Funding for this contract is available in the Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-01-23","mt":"regular","id":"II-F","ref":"RES 24-28","it":"resolution","t":"Resolution authorizing the City (consent)","desc":"Background: - Passport Labs, Inc. was selected by the City of Asheville in May 2021 to provide Parking  Services’s enforcement equipment and software using competitive bidding through the National Cooperative Purchasing Alliance/Omnia Partners program. - Passport Labs, Inc’s technology allows Parking Enforcement officers to write and issue citations, check citation history, and track citations through the handheld equipment and associated software. - Passport Labs, Inc’s handheld device also automatically uploads data to a cloud server allowing customers instant access to pay or appeal their citations online. - The current contract with Passport Labs, Inc. expires on March 1, 2024. Staff is requesting $89,000 to extend the current contract term to June 30, 2024. - Staff is initiating a formal solicitation process with a plan to have the new vendor in place by June 30th. The two requested optional three-month renewals will be used to ensure continuous customer service coverage if there is a delay in the vendor selection process. - The $89,000 requested would cover the entire life of the contract and requested extension to June 30, 2024, along with both optional renewal periods.  Vendor Outreach Efforts: - None, Passport Labs, Inc. is a current service provider. Passport Labs, Inc. is both the  manufacturer and technical support provider for the services which have been in place since May 5, 2021. - The current services provided are available through the National Cooperative Purchasing Alliance/Omnia Partners program, which was awarded competitively via a nationwide selection process.  Committee(s): - None  Pro(s): - This action will support the continuation of current/existing online monthly rental and  payments. - This action will support the continued ability to enforce parking regulations and statutes in  compliance with SEC 19-149 of the City Code of Ordinances.  Con(s): - Council would be making an exception to the City’s typical competitive bidding and  outreach policies.  Fiscal Impact: - Funding for this contract is available in the Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-01-23","mt":"regular","id":"IV-A","ref":"ORD 5057","it":"public_hearing","t":"Ordinance amending the Unified Development Ordinance to revise the conditional use permit and special use permit review process","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend sections of Chapter 7 of the Unified Development Ordinance (UDO) regarding special use permits and the special use permit approval process as required or permitted by N.C. Gen. Stat. sec. 160D. This public hearing was advertised on January 12 and 19, 2024.  Background: - A collaborative effort between North Carolina land use attorneys, the University of North  Carolina - School of Government and North Carolina legislators resulted in Session Law 2019-111 “AN ACT TO CLARIFY, CONSOLIDATE, AND REORGANIZE THE LAND-USE REGULATORY LAWS OF THE STATE.” adopted July 11, 2019. - As the law’s title states, the purpose of 160D is to clarify and reorganize the land use/development related laws of the State and to consolidate these laws into one chapter in order to provide a uniform set of statutes applicable to both cities and counties. - Originally, parts of 160D became effective immediately while most of it was not to become effective until January 1, 2021, however, on June 19, 2020, the General Assembly enacted legislation -S.L. 2020-25-making Chapter 160D and associated changes to other statutes effective immediately. - The law provided flexibility to local governments in the timing for adoption of amendments to conform local development regulations to the new statutes. Local governments may enact their amendments now, but are not required to do so until July 1, 2021. - The new law contains a number of legislative changes which a local government must take action to adopt, but it also contains permissive legislative changes which a local government may choose to adopt or not. - In general, 160D did not make substantial changes to the planning zoning laws and therefore, the City’s existing planning and zoning procedures are, for the most part, already compliant with this new law. - Staff from the City’s Planning and Legal Departments have been working since 2020 to amend the City’s Unified Development Ordinance (UDO) to bring it into compliance with 160D, as needed. - To date, four text amendment ordinances have been adopted related to 160D compliance including: Ordinance No. 4836- Historic Preservation Revisions adopted on October 27, 2020; Ordinance No. 4837- Enforcement Provisions and Definition Revisions adopted on October 27, 2020; Ordinance No. 4361- Discretionary Language Revisions adopted on March 23, 2021; and, Ordinance No. 4381- Boards and Commissions Revisions adopted on June 8, 2021. - Additionally, all planning-related boards and commissions, including the Planning and Zoning Commission, adopted amendments related to a broadened conflict of interest standard in their Rules of Procedures in 2021. - This proposed ordinance amendment is the final required change to be made to Chapter 7, as required by 160D. - Proposed amendments include deletion of all references to a “conditional use” or “conditional use permit” and replacement with the required terms of “special use” or “special use permit”. - Additionally, Planning and Legal Staff propose revising the approval process for Special Use Permits as outlined in UDO section 7-5-5 to make the Planning and Zoning Commission, acting according to quasi-judicial procedures, the final decision-making body for issuance of special use permits instead of the City Council, as permitted by 160D. - Most of the section amendments are minor, changing “conditional use” to “special use”. - The sections with the greatest number of revisions are 7-5-5 which outlines the special  use permit approval process and includes the proposed amendment regarding Planning and Zoning Commission acting as the final decision maker for the granting of such permits. - Section 7-16-2 which outlines uses for which a Special Use Permit are required and the seven standards to be met for special use permit approval (Section 7-16-2(c)) is being proposed to be replaced in its entirety- mainly due to the numerous places where the term “special” replaces the term “conditional” and approval by the “planning and zoning commission” replaces approval by “city council”. - The standards for approval of a special use permit and the uses for which a special use permit is required, are not changing. - A few additional non-160D related amendments are proposed to section 7-8-27. Airport District of the UDO and Section 7-9-11. - Adaptive Reuse Overlay District. as “clean up” revisions. Information in 7-8-27 regarding Level III approval was incorrect so that is proposed to be deleted and the Adaptive Overlay District has never been used since its creation in 2007, so that is proposed to be deleted in its entirety.  Committees: - Planning & Zoning Commission (PZC) - January 3, 2024 - Approved, 5:0.  Staff Recommendation: - Staff recommends approval of this zoning text amendment.  Mr. Palmquist reviewed the following background of the UDO amendment: (1) Session Law 2019-111 “AN ACT TO CLARIFY, CONSOLIDATE, AND REORGANIZE THE LAND-USE REGULATORY LAWS OF THE STATE.” was adopted on July 11, 2019 to clarify and reorganize land use related statutes relating to cities and counties; (2) Staff from the City’s Planning and Legal Departments have been working since 2020 to amend the City’s Unified Development Ordinance (UDO) to bring it into compliance with 160D, as needed; (3) Four text amendment ordinances have been adopted related to 160D compliance including: (a) Ordinance No. 4836- Historic Preservation Revisions adopted 10/27/20; (b) Ordinance No. 4837- Enforcement Provisions and Definition Revisions adopted 10/27/20; (c) Ordinance No. 4361- Discretionary Language Revisions adopted 3/23/21; and (d) Ordinance No. 4381- Boards and Commissions Revisions adopted 6/8/21; and (4) Additionally, all planning-related boards and commissions, including the Planning and Zoning Commission, adopted amendments related to a broadened conflict of interest standard in their Rules of Procedures in 2021.  He summarized the proposed amendments as follows: (1) This proposed ordinance amendment is the final required change to be made to Chapter 7, as required by 160D, and proposes amendments to 18 sub-sections; (2) Proposed amendments include deletion of all references to a “conditional use” or “conditional use permit” and replacement with the required terms of “special use” or “special use permit”; (3) Planning and Legal Staff propose revising the  approval process for Special Use Permits as outlined in UDO section 7-5-5 to make the Planning and Zoning Commission, acting according to quasi-judicial procedures, the final decision-making body for issuance of special use permits instead of the City Council, as permitted by 160D; (4) The standards for approval of a special use permit and the uses for which a special use permit is required, are not changing; and (5) A few, additional non-160D related amendments are proposed: (a) UDO Sec. 7-8-27. Airport District - outdated information regarding Level III projects; and (b). At their January 3, 2024, meeting, the Planning & Zoning Commission voted unanimously to approve the UDO amendments. He then explained how the amendments are consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment.  In response to Councilwoman Roney, City Attorney Branham said that there are two distinct parts of this amendment. The first part is mandatory and purely verbiage changes which standardizes the terminology for conditional use permits and special use permits such that all are now referred to as special use permits. The second part is optional, and would amend the process for reviewing special use permit applications (which City Council has seen very, very few of) to direct final review by the Planning & Zoning Commission in their quasi-judicial capacity. There are only a few types of land uses subject to special use permits, i.e., a group home or a cell tower infrastructure. If City Council does amend its ordinance dictating that final review for these permits be conducted by the Planning & Zoning Commission’s, it can be reversed at any time in the future. He also noted that the temporary substation on Patton Avenue for Duke Energy would not require a special use permit.  Mayor Manheimer opened the public hearing at 5:36 p.m.  Nina Tovish felt that anything that comes up to a special use permit status sounds like something City Council should consider.  Mayor Manheimer closed the public hearing at 5:38 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":1,"mr":"contested vote","sq":6},{"d":"2024-01-23","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance - motion to continue to February 13, 2024","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2024-01-23","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance - motion to continue to February 13, 2024","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2024-01-23","mt":"regular","id":"VI-A","ref":"RES 24-25","it":"resolution","t":"Resolution requesting the N.C. Dept. of Transportation to consider reducing the design speed between the intersection of Patton Avenue and ...","desc":"consider reducing the design speed between the intersection of Patton Avenue with the Hillcrest Connector and the intersection of Patton Avenue with Clingman Avenue from the currently planned design speed of 40 miles per hour with a posted speed limit of 35 miles per hour to a design speed of 30 miles per hour, and use a posted speed limit of no more than 25 miles per hour. The I-26 Connector Aesthetics Committee does recommend this resolution.  Susan Loftis provided Council with a sketch comparing the desired current design density of 30 mph and the current design speed of 40 mph. She explained the reasons for the East Patton Avenue design speed reduction from an (1) environmental standpoint (a) implement Urban Forest Master Plan; (b) connect greenways, green space and streets; (c) maximize comfort and safety for all users; and (d) maximize climate resilience; and (2) economic impact (a) maximize redevelopment opportunity - the more easily developable space is immediately adjacent; (b) build it right the first time - avoid spending future local tax money; (c) optimally utilize I-26 landscape budget - $19,500,000 is estimated landscape budget; and (d) expedite redevelopment - tax revenue could be available sooner. She then showed sketches of preferred multiple connections vs. current plan with a single connection.  Councilwoman Roney felt that if we reduce the design speed to 30 miles per hour, we will have more options for landscaping and tree canopy around the project. In thinking about our neighbors in the Hillcrest neighborhood, historically many times low income neighborhoods have been built very close to highways and other environmental impact areas. If we reduce the speed, we will be able to not only improve health, well-being and quality of life but also mitigate some of the noise for those areas.  Chair of the I-26 Connector Aesthetics Committee Ted Figura and Robert Robinson both spoke in support of reducing the speed limit.  Councilwoman Ullman said that she reviewed the proposed resolution with the N.C. Dept. of Transportation’s Division Engineer last week and he is expecting this resolution. Assistant City  Manager Ben Woody said that he would be happy to share the resolution with the District Engineer.  Mayor Manheimer and Councilwoman Mosley also thanked Senator Mayfield for her work with the N.C. Dept. of Transportation on this request, with Councilwoman Mosley noting that the Chair of the Housing Authority also supports the reduction in the speed limit.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2024-01-23","mt":"regular","id":"VI-B","ref":"","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with B. Allen Construction Inc. for a prefabricated restroom outside the Rankin Avenue Garage","desc":"Mayor Manheimer said that there is a possibility that these items will not be voted on at this meeting, but will move to a Council date in February in order to have Councilwoman Turner present and possibly have additional information.  Capital Projects Director Jade Dundas said that this is the consideration of adoption of a resolution authorizing the City Manager to enter into a construction contract with B. Allen Construction, Inc., for site enhancements and the installation of a prefabricated restroom unit adjacent to the Rankin Avenue Parking Garage in the amount of $183,620; further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of $46,724; and adoption of a resolution authorizing the purchase of a prefabricated single occupant restroom structure from Madden Fabrication in the amount of $170,760, for the Downtown Restroom project.  Background: - The Downtown Restroom Project is intended to address downtown cleanliness, safety,  and public health. - The planned improvements for the Downtown Restroom Project will be funded through  the American Rescue Plan Act (ARPA) and will provide an accessible, durable, safe public restroom downtown that can be open 24 hours a day, seven days per week. - In February 2023, a request for qualifications was issued for design services related to the installation of a prefabricated restroom structure. - Four design teams submitted qualifications and Osgood Landscape Architecture, a downtown Asheville firm, was selected as the most qualified firm to perform  design/engineering services, provide public meeting assistance, conduct permitting, and provide construction administration. - Staff wanted to find new solutions to ensure a durable, safe, clean, and attractive restroom facility option could replace the current portable restroom at the corner of College and Rankin. - Staff performed research on prefabricated restroom units and contacted multiple municipalities to identify operational “lessons learned,” including Missoula, Montana; Greeley, Colorado; Seattle, Washington; Philadelphia, Pennsylvania; and Eugene, Oregon. - This outreach helped inform the technical requirements in the request for bids on the restroom structure. - A formal invitation for bids for a prefabricated restroom structure was released November 9, 2023. - One responsive bid was received - Madden Fabrication, Portland, Oregon, $170,760. - Madden Fabrication, the manufacturer of the “Portland Loo,” was the successful bidder for the restroom structure. - The scope of the construction project includes site work and utility connections required for the installation of a prefabricated restroom, restroom installation, additional site lighting and security cameras, Americans with Disabilities (ADA) accessibility improvements, and updated landscaping around the restroom - This construction phase of the project is anticipated to begin in spring 2024 with three months of construction. - Bids were initially advertised on December 4, 2023. - Responsive bids received are as follows: - B. Allen Construction, Inc., Candler, NC, $183,620.00 - Cinderella Partners, Inc., Indian Trail, NC, $243,062.22 - Providence Construction, Hendersonville, NC, $279,360.00 - V. Stewart McKee Construction, Morganton, NC $379,915.00 - B. Allen Construction, Inc of Candler, NC is the apparent lowest responsive, responsible bidder.  Vendor Outreach Efforts: - This is a federally funded project using American Rescue Plan Act (ARPA) funds. - Federal terms and conditions apply, and federal MWBE goals for projects with federal  funding are required to be documented by any contractor submitting a bid. - This bid was posted on the City of Asheville’s Purchasing Website and the North Carolina  Electronic Vendor Portal (EVP). - Staff performed a search for any disadvantaged business enterprises (DBE), and none  were identified.  Committee(s): - The project was presented to the Downtown Commission and the Downtown  Management Task Force.  Pro(s): - Provides an accessible, durable, safe public restroom downtown that can be open 24  hours a day, seven days per week. - Replaces the existing portable toilet with a durable, permanent structure with a flushable  toilet and exterior handwashing station - City Staff will provide daily coverage from 7:00 a.m. to 3:00 p.m. 7 days a week to stock and clean the new restroom.  Con(s): - Some downtown business owners have expressed concerns about site conditions  including safety. - May need future financial resources not identified in this budget for maintenance,  supplies, and staffing.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Special  Revenue Fund.  Mr. Dundas outlined the following key takeaways: (1) The Downtown Restroom Project helps to address downtown cleanliness and safety challenges by providing additional downtown restroom access; (2) The Downtown Restroom Project was supported by local businesses and non-profit agencies and received letters of support from the Asheville Downtown Association (ADA) and BeLoved prior to the submittal of an ARPA funding application; (3) $650,000 in ARPA funding was approved for the Downtown Restroom Project in spring 2022; (4) The location of the restroom is in close proximity to high traffic areas and replaces a portable restroom that has been in the parklet at the corner of College and Rankin since 2020; (5) The improvements to the parklet and the durability of the prefabricated restroom unit will create a more secure environment and lessen restroom downtime; and (6) The addition of this unit does not preclude the re-opening of restrooms or the installation of other freestanding restrooms. He then outlined the 7 current downtown public restroom locations. He provided a timeline for the project.  Mr. Dundas then outlined the following specific engagement/support (1) 12/2020 - Petition from downtown business owners expressing issue with portalets and requesting other facilities be opened; (2) 03/2021 - On-site public meeting with downtown representatives at proposed site; (3) 11/2021 - Letter of support from BeLoved and ADA for ARPA request; (4) 08/2023 - In-person meeting and online survey to review concepts and collect information about project needs and expectations (a) 225 participants in the online survey, and (b) Limited in-person attendance/staff person located on-site directing people passing by to the meeting; (5) 12/2023 - Presented to the Downtown Commission; and (6) Ongoing - Will notify downtown property owners and residents of construction impacts such as scheduling and disruptions to access  Using a map, he showed the location and design. He then showed the existing conditions. Rankin and College site benefits are (1) Utilities (power, water, sewer) either on site or close to the site; (2) Close proximity to Pritchard Park and Haywood St.; (3) ADA accessible site; (4) Convenience and visibility (proximity to need); (5) Opportunity for improvements to the public space, including aspects of public safety; (6) Not located directly in front of a storefront/business/residential building; (7) Other temporary restrooms (Wall Street, Pritchard Park) resulted in highly negative feedback; and (8) Positive initial feedback received from community members. Design elements are (1) Accessible; (2) Preserve all existing trees (some pruning); (3) Improved security (new lighting and cameras); (4) New landscaping; (5) Baby changing station; (6) Hand washing station; (7) Sharps container (checked daily, disposed of as needed); and (8) Safety features designed to meet CPTED standards  The selected equipment is (1) Portland Loo (competitively bid); (2) Year round operation (with cold weather package); (3) 24/7 availability; (4) Durable construction, finishes, and fixtures; (5) Low tech with common parts; and (6) Louvers maintain privacy but allow ventilation and a way to see if occupant is having a medical emergency. Regarding cleanliness and security, (1) The Portland Loo website suggests that the units be cleaned between 2 to 5 times/day (a) The initial cleaning frequency will start with 2 cleanings per day by Parks Maintenance: (i) Supplies will be  checked; (ii) Surfaces will be wiped down and disinfected; (iii) Trash will be picked up; and (iv) A general maintenance check will be performed; (b) The frequency of cleaning will be adjusted according to the needs; and (c) Responsive cleaning during working hours will be possible; (2) This is the same schedule which is used for monitoring and cleaning of the Pack Square restrooms; (3) Park Maintenance will monitor and be available to clean 7 days/week during posted hours; (4) The cleaning of this facility (in addition to the other public facilities) may require additional resources (a) Initially cleaning will be performed by city staff; and (b) Staff time will be monitored to determine if there is enough capacity; (5) Providing additional (24/7) restroom access is anticipated to improve health and safety conditions downtown - Expectation that this will reduce biological waste on sidewalks and properties; and (6) Supplement security with routine afterhours checks by new garage security contractor.  Councilwoman Roney spoke about the need for a downtown restroom, not just for our workers and residents, but for our visitors as well. If Council chooses not to construct this, she wondered what our other options would be.  Mayor Manheimer said that the City does have restrooms in this area on Haywood Street that are closed. If we reopen the walkway through the Rankin Avenue Parking Garage, the restrooms would be in the walkway. She received a memo stating that staff has had some conversations with the Asheville Downtown Association about a concept of them operating the restrooms since their offices are right on that corridor. She would like to explore that before making any decisions on this action before Council. Also the Library is operating a restroom in the walkway coming from the Civic Center Parking Garage. We also have four restrooms at Pack Square Park. She wanted to look at all the current facilities that are within a block on either side to make sure there isn’t a way to open those up and what it would take to open them up. Regarding nights and weekends, she felt we should explore a possible partnership with the Salvation Army to make sure that their facilities are available on nights and weekends since they are open 24/7. That might be an opportunity to fill the gap. This is a big expense and she felt pausing any action until February will give staff time to look at the other opportunities and for her to understand the answers.","c":"Transportation","mo":"individual","mv":"","sec":"","r":"","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":10},{"d":"2024-01-23","mt":"regular","id":"VII-closed-in","ref":"","it":"motion","t":"Motion to go into closed session (privileged/confidential information and attorney-client privilege)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":11},{"d":"2024-01-23","mt":"regular","id":"VII-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cSspiC3pHS1_9931guSmzJ5m5kysarnK/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":12},{"d":"2024-02-13","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on January 18, 2024, and the formal meeting held on January 23, 2024","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-02-13","mt":"regular","id":"II-B","ref":"RES 24-29","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Asheville Fence Contractors Inc. for the Martin L. King Jr. and West (fence project)","desc":"Background: - This project helps address conditions to provide safe park conditions at West Asheville  Park & Martin L. King Jr. Park. - The project scope includes removal of the existing backstops, and the installation of new  chain link fence and posts to the current standards established by the Parks & Recreation Department. - This construction phase is anticipated to begin in spring 2024 after the baseball season. - Bids were initially advertised on December 4, 2023. - Bids received are as follows: - Asheville Fence Contractors, Candler, NC $103,712.13 - Greybeard Fencing, Asheville, NC $169,162.00 - Asheville Fence Contractors, Inc. of Candler, NC, a woman owned business, is the apparent lowest responsive, responsible bidder.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services and direct outreach to 1 general contractor currently doing business with the City. - Direct outreach was to the following MWBE owned general contracting firm: - Asheville Fence  Committee(s): - None  Pro(s): - The current ballfield backstop fencing at Martin L. King Jr. and West Asheville Parks has  exceeded its useful life and is in need of replacement. - This project addresses issues related to health, safety, and welfare of park users at  Martin L. King Jr. Park and West Asheville Park playing sports on the existing diamond ballfields. - These fields see a heavy use of play during the spring, summer and fall by youth baseball and adult softball leagues.  Con(s): - Construction may impact athletic programming during construction.  Fiscal Impact: - Funding for this contract is available in the Parks and Recreation operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-02-13","mt":"regular","id":"II-C","ref":"RES 24-30","it":"resolution","t":"Resolution authorizing the City Manager to enter into a professional services agreement with GHD Engineering for the Task Order 8 - DeBruhl Water Treatment Plant chemical bulk storage project","desc":"Background: - The William DeBruhl WtP is one of the three City of Asheville water treatment plants that  supply drinking water for the City of Asheville’s water distribution system. - The William DeBruhl WTP is a direct filtration water treatment plant that treats water from  the Bee Tree Reservoir. As part of the water treatment process, the William DeBruhl WTP uses sodium hypochlorite, sodium hydroxide, zinc orthophosphate, sodium bicarbonate, fluoride, and polyaluminum chloride, to treat the water for customers. - The use of these water treatment chemicals require onsite storage at the William DeBruhl WTP to allow treatment to continue 24 hours per day, 7 days per week, and 365 days per year. - Both the William DeBruhl WTP fluoride and sodium hypochlorite bulk chemical tanks are nearing the point of failure due to age and use. - Currently the William DeBruhl WTP needs to replace (1) sodium hypochlorite tank and (1) fluoride tank to continue to provide core services and to continue to treat drinking water. - The William DeBruhl WTP also needs to add a new bulk storage tank to hold and store a new coagulant product, which will be beneficial to the treatment process. - The proposed project will help develop the specifications needed for the replacement of the sodium hypochlorite tank and the fluoride tank, as well as provide analysis of the specifications and location for the new coagulant tank. - If not approved, it will limit the ability of the William DeBruhl WTP and the City of Asheville Water Resources Department to provide high quality drinking water to the City of Asheville’s water distribution system  Vendor Outreach Efforts: - GHD Engineering was chosen from the City of Asheville’s Water Resources Department’s  Master On-Call Engineering list to provide professional engineering services for this project.. - The Master On-Call Engineering Services list was developed through a competitive process. - No further outreach was undertaken.  Committee(s): - N/A  Pro(s): - Maintains the ability of the William DeBruhl WTP to continue to provide core services for  our customers. - Maintains the ability of the William DeBruhl WTP to treat drinking water for the City of  Asheville’s water distribution system.  Con(s): - There are no cons with entering into this contract.  Fiscal Impact: - Funding for this contract, estimated at $145,000, is available in the Water Resources  operating budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-02-13","mt":"regular","id":"II-D","ref":"RES 24-31","it":"resolution","t":"Resolution authorizing City staff to apply to the N.C. Dept. of Environmental Quality for a 2024 Community Waste Reduction and Recycling Grant","desc":"Background: - In 2014, City Council executed Resolution 14-27 adopting a waste reduction goal of 50  percent by 2035. - The goal of this grant application is to increase awareness and drive education around  how to ‘Recycle Right’ in order to reduce contamination in the recycling stream and improve, protect, and preserve our recycling program. - Educating Asheville residents and businesses about what can go in their recycling carts will help to reduce contamination, reduce Material Recovery Facility (MRF) disposal tonnages and costs, ensure that our MRF has marketable commodities, and support the long-term viability of our recycling program. - Grant funds will be used to purchase outreach and educational materials and to fund an educational media campaign. - The City’s contracted Material Recovery Facility, Curbside Management, supports the development and implementation of this recycling outreach campaign. - Internal COA departments that are supporting this campaign include the Office of Sustainability and the Communications and Public Engagement team (CAPE).  Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - Increase recycling contamination awareness with City residents and businesses to help  decrease contamination rates - Deliver a clean stream of recyclables to our contracted Material Recovery Facility (MRF),  Curbside Management, and help reduce MRF disposal tonnages and associated costs - Funds to help develop and implement an educational recycling outreach campaign  through printed materials and media outlets  Con(s): - None  Fiscal Impact: - If the grant is awarded, the City is required to provide 20% of the grant amount in  matching funds (up to $10,000). - If awarded, matching funds will be included in the Public Works Department FY 2024-25  Proposed Budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-02-13","mt":"regular","id":"II-E","ref":"RES 24-32","it":"resolution","t":"Resolution to pause acceptance of Land Use Incentive Grant (LUIG) applications until the affordable housing plan recommends a course of action for the LUIG program","desc":"Background: - The LUIG program was created in 2011 to incentivize the inclusion of affordable units at  80% AMI in projects that otherwise would have only offered market-rate rents. - The LUIG Policy was not originally designed to produce units for lower-income residents  (50% AMI or less) without additional funding layers like vouchers or other sources. - Over time the policy has been revised, increasing the percentage of affordable units  required (from 10% to 20%), extending the length of the affordability period (from 10 years to 20 years), and adding in a requirement for voucher acceptance (50% of affordable units) to help serve those at 60% AMI and below. - In October 2019, the application scoring point structure was revised to make the longer affordability periods and higher numbers of affordable units more feasible for developers. - Between 2010 - 2019, there were six (6) LUIG grants approved, and between Oct. 2019 - 2023 there were twelve (12) LUIG grants approved. - Since 2019, the City has committed up to $21 million in grants to support 414 affordable housing units in market-rate projects. - Questions and concerns regarding the effectiveness of the program and whether it is furthering equity have been raised by the City Council over the past year. - Staff is requesting a pause in accepting applications while the Affordable Housing Plan consultant evaluates the program and makes recommendations for the future of LUIG. - In the interim, staff will continue to work with developers who have applied for Housing Trust Fund loans, permitting fee rebates, and federal Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds.  Affordable Housing Plan - The City is currently working with Enterprise Community Partners on an Affordable  Housing Plan. - Updates to the Affordable Housing Plan will include recommendations on the City’s  affordable housing incentives, including LUIG and the Housing Trust Fund in the broader context of Asheville’s housing ecosystem. - Enterprise was selected partly because of their commitment to centering equity in their recommendations. - Research and plan development is currently underway, and staff expects to have recommendations from Enterprise ready for presentation to the City Council by May 2024.  Timeline for Policy Review - Enterprise is projected to complete their evaluation of the LUIG Policy by the end of  February 2024. - Draft policy recommendations will then be shared with the community in March. - Community and stakeholder feedback on the draft recommendations will occur in  March/April. - If the plan recommends revising the LUIG Policy, staff would then be able to bring a  revised policy forward in May/June with reviews by the Affordable Housing Advisory Committee (AHAC); Housing & Community Development Committee; and Policy, Finance & Human Resources Committee before coming to the City Council for review and a vote.  Council Goals - Quality Affordable Housing - An Equitable and Diverse Community  Committees - AHAC met on January 4, 2024, and decided not to vote on the recommendation. There  were several concerns about the pause indicating to the public and the development community that the City was reducing its commitment to affordable housing. Some members expressed that as long as it was clearly communicated when a decision would be made, the pause is reasonable. - HCD is considering this item at their meeting on February 12, 2024 (rescheduled from January). - The Policy, Finance & HR Committee is considering this item at their meeting on February 13, 2024.  Pro(s): - Allows time to evaluate LUIG Policy within the context of all City Affordable Housing  programs before any further City investments are made under the LUIG program.  Con(s): - There may be some residential development applications coming forward in the next few months that could potentially apply for a LUIG. Staff does not have any applications in the queue at this time.  Fiscal Impact: - No LUIG proposals would come to the City Council over the next 5-6 months; resulting in  no new fiscal commitments associated with LUIG.  Staff Recommendation - Staff recommends approval of a resolution to pause acceptance of LUIG applications  until the Affordable Housing Plan can recommend a course of action for the LUIG program based on an evaluation.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-02-13","mt":"regular","id":"II-F","ref":"RES 24-33","it":"resolution","t":"Resolution to rescind a previously approved $1.2 million Housing Trust Fund loan allocation for the Pineview Condominium project and reallocate funding to the Housing Trust Fund balance","desc":"Background: - City Council approved Bryson Investment Group LLC’s Housing Trust Fund loan of  $1,200,000 for the Pineview Place Condominiums on December 8, 2020, Resolution 20-237. - The award was to develop twelve affordable for-sale condominium homes at Arline Henry Way, PIN 9638-52-5112. - The owner/developer has stated that they are unable to complete the project due to rising construction costs associated with the pandemic. - The owners have since subdivided the property into three parcels and have been permitted for two single-family homes. These units are currently under construction. - The developer will need to reapply to receive a loan from the Housing Trust Fund for a project on this land or any future development. - Bryson Investment Group LLC has not pursued the development of the project and no formal agreements or payments were issued. It is generally expected that loan closings will happen within the year of approval by the City Council. - Staff is initiating this rescission and the developer is aware of this action. If approved, the $1,200,000 of funding would revert to the Housing Trust Fund balance for reallocation to future projects.  Committee(s): - Housing and Community Development Committee (HCD) - 2/12/24  Pro(s): - Funds will be reallocated to the Housing Trust Fund balance for future use.  Con(s): - None noted.  Fiscal Impact: - No payments have been made to Bryson Investment Group LLC. - If the grant is rescinded, the $1,200,000 originally awarded to Bryson Investment Group  LLC would be available to fund other projects applying for funding via the Housing Trust Fund.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-02-13","mt":"regular","id":"II-G","ref":"RES 24-34","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to the general services contract with Barrs Recreation to add a shade canopy to the previously purchased Murphy-Oakley playground","desc":"https://drive.google.com/file/d/10DXGP2FjHpuzCdoSwDzm3X_foh5B4QSV/view?usp=sharing https://drive.google.com/file/d/10DXGP2FjHpuzCdoSwDzm3X_foh5B4QSV/view?usp=sharing  Background: - The Murphy Oakley playground is currently under construction and will provide an  inclusive playground experience upon construction completion. - To improve playground safety at this facility, several Sweet Gum trees have been  removed. - These trees were removed because they present a slip and fall hazard. - New trees have been planted which will provide shade to the playground in the future. - Shade structures are needed at the playground given that it will take several years for the  trees to mature. - The expected opening date of the playground, which will include the installation of the  new shade structures, is May 2024.  Vendor Outreach Efforts: - The equipment is being purchased through a cooperative purchasing group, which  competitively solicits the product and services. - Indicate outreach efforts - Staff performed outreach to minority and women owned businesses through the Co-Operative Purchasing System solicitation process. - There are no known shade manufacturers offered by a minority business.  Committee(s): - None  Pro(s): - Two shade structures will be installed over the play equipment at Murphy Oakley  Playground which will provide users with valuable shade and give the newly planted trees time to mature.  Con(s): - Parks Asset Management will need to remove the shade fabric each winter.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-02-13","mt":"regular","id":"II-H","ref":"RES 24-35","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with MacKay Meters Inc. for parking meter services and management to continue through February 28, 2027","desc":"Background: - Parking Services currently has two parking meter providers, IPS and MacKay. - Parking Services is in the process of transitioning all parking meters to MacKay as the  preferred vendor for the following reasons: - MacKay provides both single space and double space meter-heads, which  reduces the number of meters to be installed and reduces sidewalk “clutter,” - More user-friendly interface for customers, and - Higher-quality solar battery system with backup. - Each parking meter system utilizes its own back-end software to run the meters, process payments, track revenues, etc. Therefore, it is necessary for the City to have a service agreement in place with both vendors while the transition to MacKay meters takes place. - At the January 9, 2024 City Council meeting, the IPS service agreement contract was authorized by the City Council in order to continue to provide service for the remaining IPS parking meters during the remainder of the City’s transition from IPS to MacKay. - This action will amend the existing service contract with MacKay to: - Extend the life of the service contract for an additional three years, plus two  additional 1-year renewal options, for a potential total of 5 years; and - Add the 296 MacKay meters that Parking Services has already purchased  through the National Cooperative Purchasing Alliance/Omnia Partners program to the existing service contract. - The 296 MacKay meters that were ordered previously to complete the transition are expected to be delivered to the City in mid-February. Staff will immediately begin removing the remaining IPS meters and replacing them with MacKay meters following the delivery. - As IPS meters are removed and replaced by MacKay meters, the IPS meters will be removed from the IPS service and expenses for the IPS service contract will go down accordingly until all IPS meters are replaced.  Vendor Outreach Efforts: - This is a current contract. MacKay Meters, Inc is both the manufacturer and technical  support provider for the MacKay parking meters that currently are in use. - The original/current contract was procured through the National Cooperative Purchasing  Alliance/Omnia Partners program, which was awarded competitively via a nationwide selection process.  Committee(s): - None  Pro(s): - This action will allow Parking Services staff to continue to utilize the back-end software  that runs the MacKay parking meters, processes payments, and tracks revenue. - This action will allow Parking Services to add the additional MacKay parking meters that have already been purchased to the service contract and streamline the transition to all MacKay parking meters in downtown.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-02-13","mt":"regular","id":"II-I","ref":"RES 24-36","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Dixon Resources Unlimited Inc. to conduct a comprehensive operations study of the City's parking services division","desc":"Background: - The City’s adopted Fiscal Year 2023-24 Operating Budget included funding to prepare a  Comprehensive Operational Assessment of the Transportation Department’s Parking Services Division. - The scope of work for the assessment includes analysis of existing and historical data related to all aspects of Parking Services operations including the organizational structure, staffing levels, parking utilization, revenues and expenses, rates and fee structures, equity, opportunities for improved parking facility and curb space management, and opportunities for service expansion and revenue capture. - The assessment, which is projected to be completed in late summer 2024, will serve as a complement to the recently completed Parking Garage Maintenance and Engineering Assessment that reviewed the infrastructure maintenance and investment needs for the City’s four parking structures. - The result of the assessment will be a clear set of recommendations on how to best structure and staff the division, provide a high level of customer service, provide flexible, equitable, and varying permit and fee options for customers, provide strategies for potential expansion of services, and provide an implementation schedule tied to capacity and financial sustainability.  Vendor Outreach Efforts: - Funding for this project is provided through the Parking Services Fund budget. As a  result, the outreach and engagement followed the City’s business inclusion processes. This process requires, at a minimum, staff outreach to businesses that have a documented contracting disparity directly and/or through prime contractors. - Staff performed a solicitation process which included advertising Requests for Proposals (RFP) on the North Carolina Historically Underutilized Businesses (HUB) website. - Three proposals were received in response to the RFP. One of the proposals did not provide the required ABI documents in their proposal and was therefore disqualified from the process. - One of the two other proposals submitted was from Dixon Resources Unlimited, which is a certified woman-owned business, certified small business, and certified disadvantaged business in California and several other states. Dixon is not currently a registered MWBE or HUB business in the state of North Carolina, though their North Carolina application is in process and being reviewed by NCDOT. - An ad-hoc Selection Committee was formed to select the most qualified firm and included members from several internal City departments, including Transportation, Finance, Planning and Urban Design, and Community and Public Engagement. - The selection committee selected Dixon Resources Unlimited, Inc. for the contract.  Committee(s): - N/A  Pro(s): - Approving the contract will allow the City to conduct a Comprehensive Operational  Assessment of the Parking Services Division. - This study will provide a clear set of recommendations on how to best structure and staff  the division, provide a high level of customer service, provide flexible, equitable, and varying permit and fee options for customers, provide strategies for potential expansion of services, and an implementation schedule tied to capacity and financial sustainability.  Con(s): - N/A  Fiscal Impact: - Funding for this contract is available in the Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-02-13","mt":"regular","id":"II-J","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. General Statutes (December 2023)","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax  collection agreement with Buncombe County to ensure that it fully conforms to the  provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for December 2023 are included in the document.    Pro(s):  - Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.  Con(s): - None  Fiscal Impact:  - None.  Suggested Motion: - Motion to adopt City of Asheville property tax refunds and releases for the month of  December 2023.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-02-13","mt":"regular","id":"II-K","ref":"RES 24-37","it":"resolution","t":"Resolution amending the 2024 City Council meeting schedule to cancel the virtual agenda briefing worksession on February 22, 2024, and add the Council's annual retreat","desc":"Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-02-13","mt":"regular","id":"IV-A","ref":"ORD 5058","it":"public_hearing","t":"Public hearing / ordinance to conditionally zone 492 Sardis Road from Commercial Industrial District to Commercial Expansion - Conditional Zone","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 492 Sardis Road from Commercial Industrial District to Commercial Expansion - Conditional Zone. This public hearing was advertised on February 2 and 9, 2024.  Project Location and Contacts: - The project site totals 2.33 acres located at 492 Sardis Road (PIN 9617-81-4946) - Owner: Debruhl’s Used Cars, Inc.  Summary of Petition:  Project Site - The project site is triangular in shape with frontage on Sardis Road and is currently  undeveloped and consists of one parcel totaling 2.33 acres, of which 2.24 acres will be disturbed by development. The proposed project shows 1.10 acres of open space. - The property is currently zoned Commercial Industrial (CI) and abuts CI-zoned land in Asheville. Land across Sardis is outside of Asheville in Buncombe County and zoned Public Service District (PS) and Employment District (EMP). - The project is requesting a conditional zoning to Commercial Expansion CZ due to the building shown as being in excess of 100,000 s.f. in gross floor area. - The proposed building has a GFA of 109,044 s.f. - The Living Asheville Comprehensive Plan designates the Future Land Use of the project  site as “Industrial / Manufacturing”.  Overall Project Proposal - The petitioner is seeking a rezoning of the parcel at 492 Sardis Road from Commercial  Industrial (CI) to Commercial Expansion - Conditional Zone (COM EXP-CZ) in order to construct a building in excess of 100,000 s.f. GFA to house internal self-storage units, office space for the same use, and associated surface parking and stormwater infrastructure.  Site Layout and Design - Setbacks, impervious limitations and building height are all compliant with the COM EXP  - CZ district. - The project includes a jurisdictional stream and shows compliant setbacks. - The building includes four stories of self-storage units (approximately 800 storage units in  total), a ground-floor entrance with 800 s.f. of office space, access doors to units on the south and west side with two dedicated loading areas for internal access. - The parking is located to the side of the building with a large bioretention cell and open space between the parking and the roadway.  Access, Sidewalks and Parking - Access is shown at the intersection of Sand Hill Road and is scheduled for NCDOT  access permit and review and City approval at Final TRC. - Sidewalks are proposed at 5 feet in width along frontage and internal to the site. A  technical modification from the required widths of 10 feet width along the road frontage and 8 feet internal to the site is proposed. - Parking includes 13 total spaces (1 accessible) and the required amount of bicycle parking.  Landscaping / Open Space / Tree Canopy - Open space is shown at 1.10 acres, meeting the requirement. No landscape property  buffers are required for the property. - Required street tree, street buffers, building impact, vehicle use area landscaping are all  shown and compliant. The locations are generously spread throughout the site. - The project is located in the Suburban Resource Management District. Tree canopy  protection requires “Class C” compliance.  Technical Modifications - The project is seeking technical modifications to development standards through the  conditional zoning process including: - Reduction of sidewalk width internal to the site to 5 foot minimum width to  connect the principal use where 8 feet is required. - Modification of sidewalk width and standards for street frontage from 10 foot  width sidewalks to 5 foot wide sidewalks with a variable width (5 - 7 feet) planting  strip between the edge of road pavement and the sidewalk.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed rezoning supports the theme of Resilient Economy by implementing the following goal in the Living Asheville Comprehensive Plan, including: - Facilitate Real Estate Development that Maximises Public Benefit - by providing for commercial uses and services outside of identified growth areas, preserving these growth areas for walkable and mixed-use development. - The proposed rezoning supports the theme of A Livable Built Environment by implementing the following goal in the Living Asheville Comprehensive Plan, including: - Make Streets More Walkable, Comfortable and Connected by adding pedestrian infrastructure at street crossings on major streets and where there are high volumes of traffic and pedestrians and eliminating gaps in the city-wide sidewalk network, especially where sidewalks tie in to greenways. - The proposed rezoning is compatible with the Future Land Use designation of “Industrial / Manufacturing” which describes areas where “[t]his future land use type may require some separation from other more sensitive areas of the community but generally can be appropriate neighbors to other commercial uses or in mixed-use areas.”.  Compatibility Analysis: - The proposed self-storage facility is compatible with the surrounding land uses, including:  - Multiple scales of commercial/industrial sites and uses located along Sardis Road and Sand Hill Road area including other warehousing and storage facilities.  - Vehicle sales abutting the property to the east. - With respect to the neighboring educational facilities, staff finds that the low  vehicle traffic counts from the project will minimize safety concerns from vehicles to the neighboring schools in place of other high-traffic uses (Enka Intermediate School and the Franklin School of Innovation).  Committee(s): - Technical Review Committee (TRC) - November 26, 2023 - approved with conditions. - Planning and Zoning Commission (PZC) - January 3, 2024 - approved (Vote 5:0).  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery, location map, and the future land use map. About the site plan, (1) One building with a gross floor area of 109,044 s.f.; (2) 11 parking spaces with 2 accessible at the front door, bicycle parking is shown at entrance area; (3) Access doors and two dedicated loading areas on western and southern side of building; (4) Access at intersection of Sand Hill and Sardis Road; (5) Sidewalks internal and along Sardis Road are shown; and (6) COM EXP requires 10’ width on street frontage and 8’ internal connecting to use. Modification requested. Regarding the open space and landscape plans, (1) Vehicle use area, street buffer and building impact landscaping are all shown and compliant; (2) Open Space typology and area shown and compliant; (3) Tree Canopy protection shown and compliant; and (4) Recordable plans to be reviewed and submitted. He then showed the building elevations, along with the following conditions and technical modifications: (1)  Applicant has been asked to investigate renewable energy options as part of City/County goals for 100% renewable energy by 2042; (2) Applicant proposes condition to make good faith efforts to contract with small and minority firms as well as women’s business enterprises reflecting existing corporate policy; and (3) Sidewalk width only technical modification (a) Seeking 5’ width along street frontage with planting strip and 5 5’ width internal to the site; and (b) COM EXP CZ requires 10 width along roadways and 8 foot internal.He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  In response to Councilwoman Roney, Mr. Mitchell said that the City has multiple landscaping and tree requirements. The applicant is meeting the full tree canopy protection area along the western edge of the property.  Mayor Manheimer opened the public hearing at 5:38 p.m., and when no one spoke, she closed the public hearing at 5:38 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2024-02-13","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance related to cottage development (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2024-02-13","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance related to the creation of flag lots (continued)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2024-02-13","mt":"regular","id":"VI-A","ref":"RES 24-38 / RES 24-39","it":"resolution","t":"Resolution authorizing a contract with B. Allen Construction Inc. for installation of a prefabricated restroom outside the Rankin Avenue Garage, and resolution authorizing the purchase of a prefabricated single occupant restroom structure from Madden Fabrication for the downtown restroom project","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Kilgore","sec":"Roney","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2024-02-13","mt":"regular","id":"VI-B-40","ref":"RES 24-40","it":"appointment","t":"Resolution appointing a member (Nur Edwards) to the Downtown Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Downtown Commission.  The term of Nur Edwards (moved outside City limits), expired on December 31, 2023.  The following individuals applied for the vacancy: Ben Gladstone, Tom Hunter, David Moritz, Douglas Buchalter, Chad Roberson, Clarissa Hyatt-Zack, Byron Greiner, Abigail Griffin, Michael Fulbright, Hayden Plemmons, Christina Maimone, Colin McBeath and Bill Hume.  At the January 9, 2024, City Council meeting, it was the consensus of City Council to postpone the appointment for the seat currently held by Nur Edwards.","c":"Economic Development","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":1,"mr":"policy category","sq":15},{"d":"2024-02-13","mt":"regular","id":"VI-B-41","ref":"RES 24-41","it":"appointment","t":"Resolution appointing a member (Gwen Wisler) to the Metropolitan Sewerage District Board of Directors","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District (MSD) Board of Directors.  The term of Gwen Wisler expired on January 19, 2024.  The following individuals applied for the vacancy: Vice-Mayor Kilgore, Councilwoman Mosley and Councilwoman Smith.","c":"Boards & Appointments","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2024-02-13","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2024-02-13","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1OTAJs5B6BYHnxzOAsbpluRbRl_hcN7bS/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":18},{"d":"2024-02-27","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on February 8, 2024, and the formal meeting held on February 13, 2024","desc":"These items were removed from the Consent Agenda for consideration at a later date.  Councilwoman Roney was surprised that we are not going with one of several, local Minority- and Women-Owned Business Enterprises (MWBE). How might local MWBE contractors build capacity if not through partnering on projects exactly like this one? She appreciated staff making time to revisit this application to review our process, remove urgency, and lean into relationships to better understand outcomes.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-02-27","mt":"regular","id":"II-C","ref":"RES 24-43","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Swim Club Management Group Inc. for the management of City aquatic facilities for one year, with two optional renewals","desc":"Background: - The Parks & Recreation Department operates pools at Dr. Wesley Grant Sr. Southside  Center & Recreation Park during the summer seasons from June - August. - The pool at Malvern Hills Park was initially included in the contract however once it was  decided the pool will not open this Summer it was removed. If a decision is made to invest in Malvern after this Summer we can make the necessary adjustments prior to the second year renewal. - Each year it has become increasingly difficult to recruit, hire and train qualified temporary seasonal workers in order to operate the pools safely and efficiently for the public. - A Request for Proposals was advertised in November 2023 for interested companies to operate and maintain City of Asheville pools including all seasonal opening & closing procedures including cleaning, permitting, and maintenance, daily staffing, chemicals/supplies, and facility management of City pools throughout the pool season. - The term of the contract was advertised as a (1) year with an option to renew for an additional (2) years. - Swim Club Management Group, Inc. (SCM) was selected based on the qualifications, understanding of the scope of services, cost, and availability. - The annual base contract fee has been reduced due to the recommended closure of the Malvern Hills Pool. - Additionally, Swim Club Management Group, Inc. has agreed to provide additional staffing for a $35 Hourly Rate per lifeguard for any event the City would request outside of normal operating hours. The City will determine the schedule with SCM, Inc and will not exceed $5,000 annually.  Vendor Outreach Efforts: - Outreach and engagement followed the City’s business inclusion processes. These  processes at a minimum require staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors. Department efforts included posting to the North Carolina Interactive Purchasing website and direct outreach to the one identified woman-owned business; however, no bids were received from contractors identified as MWBE. - The following three responses were received: - Swim Club Management office is in Huntersville, NC: $219,629 - PMI LLC corporate office is in Fort Lauderdale, FL: $267,915 - USA Management Corporate office is in Cummings Georgia: $294,669  Committee(s): - None  Pro(s): - Contracting with a professional aquatic facilities management company for operations and maintenance ensures community pools will be operated in a safe, efficient manner and eliminate the obstacles associated with retaining an adequate number of certified staff. - Reduces the seasonal hiring impacts on the Human Resources Department to recruit, hire and on-board temporary employees. - Community pool operations will be operated with the adequate number of certified staff for the pool season.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Parks and Recreation operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-02-27","mt":"regular","id":"II-D","ref":"RES 24-44","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with PC Construction Company for the North Fork Filter 3 rehabilitation project","desc":"Background: - Filter 3 has been in service since 1978. While the media has been changed since that  time the grouted block underdrain system is original. - Due to age the grouting is no longer able to hold a seal between the clay tile underdrain  system and the filter has been removed from service since it can not provide potable water in this condition. - Taking a filter out of service reduces the capacity of the North Fork Facility to produce water. - The City of Asheville’s rated water production capacity is 43.5 million gallons per day normally. Current rated capacity without filter 3 at North Fork is 38.3 million gallons per day, which is adequate at this time to supply water for seasonal high demands of 25 million gallons per day. - Structural restoration of the filter is required to return the North Fork Facility to designed treatment capacity.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through the  solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The project was competitively bid as a formal bid. - A pre-bid meeting was held on site at the North Fork Plant on December 6, 2023. - Two bids were submitted on December 21, 2023. Since only 2 bids were received no bids  were opened and the project was rebid. - On January 11th two bids were again received and this time opened. Harper General  Contractors $912,000 and PC Construction Company $753,000 - Following a review of the bids by City staff and the project engineers, PC Construction  Company was selected as the lowest responsible, responsive bidder.  Committee(s): - None  Pro(s): - Ensures continued structural and operational integrity of City Water System  infrastructure. - Ensures continuous operation of North Fork Water Facility. - Ensures Water Resources can continue to meet water system demand requirements  Con(s): - None  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water  Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-02-27","mt":"regular","id":"II-E","ref":"RES 24-45","it":"resolution","t":"Resolution authorizing application for lead service line replacement funding with the N.C. Dept. of Environmental Quality - Division of Water Infrastructure","desc":"Background: - Water Resources is required to build an inventory of lead service lines and turn into NC  Department of Environment Quality (NCDEQ) by October 16, 2024. - Funds awarded through the NCDEQ Division of Infrastructure (DWI) will be used to help  identify both the private and public sides of water service lines. - Any lead service lines, lead connections or galvanized service lines will be replaced on  both the public and private side if found during the inspection process. - Funds can be used for both sides of the service line. - One hundred percent (100%) of the project will be performed in areas deemed underserved by the NCDEQ Community Mapping, Climate Justice Map and the Census Block Map. - Funds will be used to increase inventory service line confidence. - This project will allow more lead connectors and galvanized lines preceded by lead to be  identified/removed from the distribution system in project areas. ‘ - This grant/loan would be for $2Million. The entire loan would be 0% interest and there is  a potential for 50% principal forgiveness - Water Resources was awarded $2M in November 2023 through this same application  process and will use the 2023 money for service line replacement in the Shiloh Community.  Vendor Outreach Efforts: NA  Committee(s): NA  Pro(s): - Any lead service lines, galvanized lines or lead connectors in the project area will be  replaced. Customers will not have to pay for replacement. - Will help improve the confidence score of service line inventory as required by state and  federal regulations.  Con(s): - There are no cons with applying for the funding.  Fiscal Impact: - If awarded, this funding will provide a $2 million interest free loan with potential principal  forgiveness for water system improvements that are not currently funded or planned. - Matching funds are not required for this funding.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-02-27","mt":"regular","id":"II-F","ref":"RES 24-46","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with East Coast Truck Shop for body work and paint repairs to supplement fleet management capacity","desc":"Background: - The Fleet Management Division of the Public Works Department maintains over 1,000  City owned vehicles and pieces of equipment. - Subcontracted work is used to supplement existing staff resources at times of high demand or to provide services where the Fleet Division does not have suitable facilities or resources (e.g., paint shop, etc.). - RFP 298-RFP-FleetLDBodyWork-24 was advertised in December 2023 for Fleet Light Duty Body Work and Paint Repair. - East Coast Truck Shop was the only proposal and was approved according to City Policies and Procedures. - City Fleet Staff performed a site visit to meet with the vendor to further discuss our needs. - The City’s Procurement, Purchasing and Contracting Policy requires Council approval for  General Service Contracts valued at $90,000 or greater. - This Contract will be for an initial term of (1) one year with the option for (2) two one year  renewals - The Contract amount for the initial (1) one year term will be $100,000 with a total not-to  -exceed contract amount of $300,000 for the (3) three year term.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The ABI Office list of City Vendors for Outreach was consulted for any known relevant vendors before the RFP was advertised. No MWBE Vendors were identified during this process. - East Coast Truck Shop in Candler, North Carolina, responded to the RFP and is a new Vendor to the City of Asheville and is an MWBE. - East Coast Truck Shop was the only acceptable proposal to the RFP.  Committee(s): - None  Pro(s): - Allows third party service work as a supplement to in house staff - Allows for quicker and more efficient process in the repair of accident damaged vehicles - Returns City vehicles to service in a timely manner - Provides flexibility in service delivery without significant capital investment in equipment  or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis - Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Public Works Department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-02-27","mt":"regular","id":"II-G","ref":"RES 24-47 / RES 24-48","it":"resolution","t":"Resolutions authorizing the exception to competitive bidding for procurement from Atlantic Emergency Solutions for standardization of Pierce fire apparatus and a service/repairs contract","desc":"","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-02-27","mt":"regular","id":"II-H","ref":"RES 24-49 / RES 24-50 / RES 24-51 / RES 24-52","it":"resolution","t":"Resolutions to permit the possession and consumption of malt beverages and/or unfortified wine at Downtown After Five, Asheville Springfest, Claxton Centennial Celebration, and other events","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-02-27","mt":"regular","id":"II-I","ref":"RES 24-53","it":"resolution","t":"Resolution authorizing the City Manager to enter into an event production agreement with the Asheville Downtown Association for production of Asheville's Independence Day celebrations and holiday events","desc":"Background: - The City of Asheville has historically provided a free community festival with fireworks  display in celebration of Independence Day and a downtown parade to welcome the winter holidays. Both events serve to sustain a thriving local economy, and foster shared experiences that form the basis for a connected and engaged community. - The Asheville Downtown Association has successfully executed the City’s Independence Day Celebration since 2014 and the Asheville Holiday Parade since 2008. In 2014 the City executed its first event production agreement with the Asheville Downtown Association to produce the Independence Day Celebration through 2016. Most recently in 2021, the City executed a three year production agreement with the Asheville Downtown Association to produce the Independence Day Celebration and the Asheville Holiday Parade through 2023. - The City continues to require the services of an outside organization to implement, oversee and manage such events for Downtown Asheville. Required services include full event development and operational services, management and staffing, marketing, sponsorship, fundraising, procurement of event vendors, contractors, entertainment, coordination of onsite logistics, and reporting.  Committee(s): - None  Pro(s): - Allows the City to leverage resources for programming and events that serve a wider and  more diverse audience - Creates a performance-driven public-private partnership that employs events as a tool to  stimulate the local economy while providing quality cultural experiences and opportunities for community engagement - Three-year terms allow time for outcomes to be evaluated and provides a multi-year consistency to effectively scale special event initiatives - Supports local non-profit organizations  Con(s): - Overtime for Police, Fire and Public Works staff - Fee waivers related to permits, parking fees, and property use fees  Fiscal Impact: - This agreement provides funding for the management of two free community events  annually, the fireworks display for the Independence Day Celebration, and parade volunteers. - These large-scale events require a significant amount of support from City staff including Police, Fire, Public Works, and Office of Special Events Administration. - The total cost of the agreement is $187,500. Future years will be planned during the annual budget development process.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-02-27","mt":"regular","id":"II-J","ref":"RES 24-54","it":"resolution","t":"Resolution authorizing application to the N.C. Dept. of Transportation (transportation grant)","desc":"Background: - The City is required to apply annually to the North Carolina Department of Transportation  - Integrated Mobility Division to receive Section 5303 funds (Metropolitan Planning Program). - The City uses the Section 5303 funding to support existing transit planning activities such as grant management, administration, and reporting; short and long-range transit planning; analyses of transit operations; and required semi-annual DBE program preparation and reporting. - The funds supplement the Transit Planning Division personnel budget, which includes the Transit Planning Manager and additional transit planning staff positions. - The Federal Transit Administration grant will provide 80% of the anticipated funding ($168,871), with the North Carolina Department of Transportation and the City of Asheville each providing 10% of the remaining amount at $16,887, respectively.  Vendor Outreach Efforts: - N/A. This is a grant that supplements the Transit Planning Division personnel budget.  Committee(s): - None  Pro(s): - Supplements funding for multiple transit planning positions. - Enables the City of Asheville to leverage $168,871 in Federal Funding and $16,887 in  State funds to support the City’s transit planning activities.  Con(s): - The City is responsible for 10% local match, which is $16,887  Fiscal Impact: - If awarded the grant funding ($168,871), 10% local matching funds ($16,887) and  associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-02-27","mt":"regular","id":"II-K","ref":"RES 24-55","it":"resolution","t":"Resolution authorizing the Purchasing Division to purchase three new buses for the Asheville Rides Transit system utilizing the Washington State DES cooperative purchasing agreement","desc":"Background: - The Asheville Rides Transit (ART) system has a fleet of 35 buses. Over half of those  buses have more than 500,000 miles on them and are past their useful life. - To achieve and maintain a more reliable fleet, it is necessary to replace approximately  four buses annually (at current service level). - Moreover, the older vehicles in the fleet are significantly more costly to operate due to the  need for major repairs and maintenance. - The Washington State Department of Enterprise has approved the City of Asheville to  participate in the State’s Cooperative Purchasing Agreement for Transit Buses Master Contract No. 06719 to purchase buses from Gillig, utilizing the Washington State Department of Enterprise Services Cooperative Purchasing Agreement approved by the Washington State Department of Enterprise on October 20, 2021. - The recommended purchase order is for three clean diesel buses. Clean diesel is recommended due to the lack of suitable lower emission alternatives. - The City is no longer able to purchase 30’ hybrid buses. - Gillig discontinued manufacturing this size of hybrid buses at the end of 2022. - Additionally, this action will approve a sole source procurement from several vendors for  technology equipment to be installed on each bus, including the following: - “Clever Devices” - provides audible passenger announcements and that syncs  with the interior LED signage to keep riders informed about upcoming stops. - “Seon” - provides the internal and external video and audio system to be  installed. - “UTA” - provides the automatic passenger counter system that collects ridership  data. - “Mobileye” - which provides a pedestrian and bicyclist detection and warning  system. - These Clever Devices, Seon, UTA, and Mobileye technologies are used on the other  buses in the Asheville Rides Transit System. Staff would like to ensure that every bus has consistent technology installed. - Staff is therefore requesting a sole source authorization, pursuant to 143-129(e)(6), to purchase and install these items on the requested new diesel buses without engaging in  competitive bidding because standardization is the overriding consideration in wanting to use these specific products. - $974,066 in previously received 2018 federal grant funding will be used to help purchase the new buses. - $922,540 representing the federally-required local match and the remaining funding needed to purchase the buses is programmed in the City’s Fiscal Year 2024 Capital Improvement Program (CIP). - Upon approval of the purchase order, it is anticipated to take 12-15 months for the buses to be manufactured, delivered and fully operational as part of the ART fleet.  Vendor Outreach Efforts: - N/A. Funding for this project is provided in part from Federal Grants. - The City is using a Cooperative Purchasing Agreement for Transit Buses under an  existing Master Contract with the Washington State Department of Enterprise.  Committee(s): - None  Pro(s): - This action will enable staff to purchase replacement buses needed to continue to  provide current transit services  Con(s): - Clean diesel is the only viable option that meets the standard specification for the  ART fleet, which is 30 feet. - This specification is driven by the topography and narrow turns required on  several ART routes.  Fiscal Impact: - Revenues identified to support the requested action will come from a combination of a  Federal Transit Administration (FTA) grant and City funds as outlined below:  Funding sources Amount FTA (2018 MPO Section 5307 Grant) - budgeted in prior fiscal year $ 974,066  City Funding - budgeted current fiscal year $ 922,540  Total $1,896,606","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-02-27","mt":"regular","id":"II-L","ref":"RES 24-56","it":"resolution","t":"Resolution authorizing application to the French Broad River MPO (transportation grant)","desc":"Background: - Each year, the City must apply to the FBRMPO to receive Federal Transit Administration  (FTA) Section 5307 Job Access Reverse Commute (JARC) and FTA Section 5310 (Enhanced Mobility of Seniors and Individuals with Disabilities) funds for transit operations, grant management and administration, and reporting. - Section 5307 (JARC) Overview: - Funding received from this grant source is used to fund existing service for Route  170 (the fixed-route service operated between downtown Asheville and the Town of Black Mountain) and Route S3 (the fixed-route service operated between downtown Asheville, Arden, and the Airport). - The last two years, the City has applied for the entire amount available, which this year is $408,379, with a 50% match ($408,379), for a total project cost of $816,758. - For the last two years, the Town of Black Mountain has provided $25,000 toward the required matching funds, specifically for Route 170. City staff will be requesting the same amount for FY 2024-25. - Buncombe County has also provided funding toward the required match the previous two years for Route 170. The City requests funds from the County based on the service cost per hour and the number of hours the route operates within the County. - For FY 2024-25, City staff anticipates requesting approximately $100,000 from the County for this route. - The City will provide the remainder of matching funds and this is already budgeted within the Transit Operations Budget. - Section 5310 - The City utilizes Section 5310 funds to support the operation of the City’s  paratransit service. - The total FY 2022-23 Section 5310 funding available is $504,739. - Of this funding,10%, or $50,474, is automatically allocated to the City of Asheville  for administering the grant. - The remaining $454,265 will be awarded for regular 5310 projects and programs. - The City plans to apply for $248,000, with a 20% match ($62,000), for a total  project cost of $310,000. - If awarded, City staff return to City Council to accept the grant, authorize the City  Manager to sign all of the appropriate agreements, and approve a budget amendment to include the funds in the budget (if needed).  Vendor Outreach Efforts: - N/A  Committee(s): - None  Pro(s): - Enables the City to use federal funds to help offset the annual operating cost of  paratransit and Route 170 and S3 fixed-route services. - Grant recipients and subrecipients are responsible for their local match. - The City will receive $50,474 for oversight and administrative cost which does not require  a local match. - These funds will be used for the administrative cost for the Section 5310 program.  Con(s): - The City is responsible for the 20% and 50% local match for the Section 5310 and JARC  Funding programs, respectively. - There is no administrative fee paid to the City for administering the 5307/JARC grant  program.  Fiscal Impact: - If awarded the Section 5307 (JARC) funding ($816,758 total), including the 50% local  matching funds ($408,379), and associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund. - If awarded the Section 5310 funding ($310,000 total), including the 20% local matching funds ($62,000), and associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund. - The Section 5310 administration grant ($50,474 total) requires no local match. The grant and associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-02-27","mt":"regular","id":"II-M","ref":"RES 24-57","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with Cinderella Partners Inc. for additional structural repairs in the Rankin Avenue and Wall Street garages","desc":"Background: - The City engaged an engineering firm to perform an assessment of the City-operated parking garages. - During the field investigation, the firm identified critical repairs that require immediate attention at the Wall Street, Rankin Avenue, and Harrah’s Cherokee Center parking garages. - A request for bids was issued and the lowest, responsive bidder, Cinderella Partners, Inc. was awarded a contract in the amount of $279,939.19 at the October 14, 2023 Council meeting. - A change order in the amount of $68,877 was approved at the November 14, 2023 Council meeting for structural repairs along some of the concrete shear connections at the Wall Street Garage. - This second change order is for the same type of structural reinforcement of several structural connections in the Rankin Avenue Garage. - Due to the deterioration of those connections and unacceptable levels of movement in the deck structure, staff closed the third level of the Rankin Avenue garage to vehicular traffic in late November, as per the Engineer’s recommendation. - This second change order also includes the repair of a section of deteriorated concrete on the Level 3 exit ramp at the Rankin Avenue garage; and two additional shear connector supports for the Wall Street Garage. - The ninety-five parking spaces on the third level of the Rankin Garage and sixty spaces in the Wall Street Garage will remain closed until repairs are complete. - Work is anticipated to be complete in March 2024. - The requested change order was reviewed by staff and Walker, the firm who conducted  the engineering assessment, for reasonableness of cost.  Vendor Outreach Efforts: - When the project was advertised for bidding, staff performed outreach to minority and  women owned businesses through solicitation processes using the State’s Interactive Purchasing System and requiring prime contractors to outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Cinderella Partners, Inc. is a Woman-Owned Business Enterprise based out of Indian Trail, NC. - No MWBE subcontractors submitted bids with this prime contractor.  Committee(s): - None  Pro(s): - These repairs increase the safety and longevity of the Wall Street and Rankin Avenue  parking garages. - The repairs will allow parking spaces that have been taken out of service as a safety  precaution, to be opened back up for use.  Con(s): - The work creates a temporary inconvenience for parking patrons and a temporary loss of  revenue.  Fiscal Impact: - Funding for this change order has been identified within the Parking Services Capital Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-02-27","mt":"regular","id":"II-N","ref":"RES 24-58","it":"resolution","t":"Resolution authorizing the City Manager to sign an amended grant agreement with NCDOT for the North RADTIP (Wilma Dykeman) Greenway preliminary engineering and accept the grant funds","desc":"Background: - The North RADTIP (Wilma Dykeman) Greenway Project will extend through the River  Arts District, north to Woodfin and will provide a safe pedestrian and bicycle corridor for area residents in neighborhoods which include, but are not limited to, Montford and Hillcrest. - In August 2018, City Council approved a budget ordinance authorizing a budget amendment for $300,000, which included acceptance of $240,000 in grant funds from NCDOT and $40,000 in matching funds from Connect Buncombe and Buncombe County, as well as approval of a $20,000 City of Asheville match contribution. - The grant funds were scoped for preliminary engineering for a multi-use path along/near Riverside Drive/NC 251 from Hill Street to Pearson Bridge Road named North RADTIP (Wilma Dykeman) Greenway. - Because the footprint of the North RADTIP (Wilma Dykeman) Greenway overlaps significantly with the NCDOT I-26 Project, City staff approached NCDOT about managing the preliminary engineering scope in conjunction with the I-26 Design/Build Project. - The intent of NCDOT managing this phase would be to get the North RADTIP (Wilma Dykeman) Greenway project designed to a point where it could be included with the eventual construction of the Design/Build I-26 Project. - Assuming the greenway is added as part of NCDOT’s I-26 Project, construction will not occur for several years. - This amended grant agreement will authorize NCDOT to manage the preliminary engineering phase as opposed to the original grant agreement that had the City of Asheville managing the preliminary engineering. - The City of Asheville is responsible for 20% of the actual cost of the Preliminary Engineering design plans. The estimated cost to the Municipality is $120,000. Grant funds will pay for the estimated $480,000 balance. Both Parties understand that this is an estimated cost and is subject to change.  Vendor Outreach Efforts: - Vendor outreach is not applicable when applying for grant funds. - The appropriate vendor outreach will be conducted to ensure that all requirements and expectations are met in the procurement of the services required to complete the projects which these grant funds support.  Committee(s): - None  Pro(s): - The projects are all currently budgeted or planned and can be designed with the funding  that is available through these grants and the existing capital budgets.  Con(s): - None  Fiscal Impact: - The required matching funds for these grants were previously budgeted in the General  Capital Projects Fund or are planned for in the CIP.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-02-27","mt":"regular","id":"II-O","ref":"RES 24-42","it":"resolution","t":"Resolution amending the 2024 City Council meeting schedule (cancel March 12 budget worksession; revise start times of March 25 and April 9 budget worksessions)","desc":"Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-02-27","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider the conditional zoning of 21 (property) - continued to March 26, 2024","desc":"At the request of the applicant,","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"continuance","sq":14},{"d":"2024-02-27","mt":"regular","id":"VI-A","ref":"","it":"motion","t":"Motion to direct the City Manager to coordinate with Asheville PEAK Academy to finalize a formal grant agreement in the amount of $501,384 using the remaining unobligated balance of ARPA funds","desc":"","c":"Community Programs","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"no material signals","sq":15},{"d":"2024-02-27","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":16},{"d":"2024-02-27","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1yY5kAjvNhbGifXMKZSfe44CoQ0n619P3/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2024-03-12","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the City Council annual retreat minutes held on February 22-23, 2024, and the formal meeting held on February 27, 2024","desc":"","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-03-12","mt":"regular","id":"II-B","ref":"RES 24-60","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Cityzen Solutions Inc. d/b/a Public Input for community engagement software","desc":"Background: - Access to decision-making is often limited by barriers such as: lack of transportation, need for childcare, work schedules, language and awareness of engagement opportunities. - In January 2021, the City migrated online engagement efforts to a new software platform, Public Input, which provides tools to support inclusive engagement efforts, streamlines the management and retention of community input received, memorializes communication on project development and progress, and makes use of a Constituent Relations Module (CRM) where contact information for demographic and stakeholder groups can be accessed across the organization. - From Jan. 2021 - Jan. 2024 over 70,000 people engaged on the Public Input platform. - Of note, the City of Asheville achieved “industry-leading public engagement outcomes” through the use of voice recordings for public input and/or comments, collecting 3,656 voice recordings (11,847 minutes) in the above timeframe. - Per contracting requirements, a new Request for Proposals was released in 2023 for online engagement services and Cityzen Solutions, Inc. d/b/a Public Input was found to be the most competitive bidder. - The requested contract period would be a one-year term with two, optional one-year renewals - The platform capabilities will continue to: - Lower barriers to public participation by creating opportunities to provide input by phone, text and email. - Support the production and management of hybrid meetings that include public comment or opportunities for input. - Provide opportunities for consistency and accountability in executing best practices in public engagement such as consistent reporting of how input was used to inform a plan or decision. . Vendor Outreach Efforts: - No MWBE firms submitted bids and all work will be self performed by Cityzen Solutions, Inc. d/b/a Public Input.  Committee(s): - None  Pro(s): - Supports civic engagement through multiple communication tools including virtual meetings, surveys and project pages. - Continues a relationship with a vendor that provides excellent product and service. Con(s): - None Fiscal Impact: - The initial one-year contract term will be $34,17, with the option for two one-year renewals at a cost of $37,591 (first renewal) and $41,350 (second renewal), for a total contract amount of $113,115. - Funding for the first year of this contract is available in the CAPE operating budget. Future years will be planned during the annual budget development process.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-03-12","mt":"regular","id":"II-C","ref":"RES 24-61","it":"resolution","t":"Resolution authorizing the Mayor to (audit services contract with Cherry Bekaert, LLP)","desc":"Background: - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission (LGC). - Staff recommends retaining the services of Cherry Bekaert, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2024. - The estimated cost for fiscal year 2023-2024 audit includes a base fee of $137,600, which covers 915 hours of audit work; and an additional $21,000 for preparation of Basic Financial Statements, Combining Statements and document production if needed, for a maximum total fee of $158,600. - Execution of this contract complies with the City’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the second year of contracting with the Cherry Bekaert, LLP so staff will be recommending to contract with them for another 3 years assuming services are provided as outlined within the engagement letter. Vendor Outreach Efforts: - Unless services are not provided as required, the City only bids out this contract every five years, so no competitive bid process was conducted this year. - When the service was put out to bid in 2023, staff reached out to multiple firms approved by the State Treasurer's office to perform these services. - Ten firms were contacted. - One was MWBE, but that firm did not submit a proposal. Council Goal: - Financially Resilient City Committee:: - No prior Committee approval. - Final audit results are presented annually to the Audit Committee and the Policy, Finance, and Human Resources Committee. Pro: - Contracting with Cherry Bekaert, LLP aligns with City Council’s financial policy and will help ensure the timely and successful completion of the annual audit. Con(s): - None Fiscal Impact: - The maximum total fee amount of $158,600 for the annual audit is already included in the adopted Internal Audit division’s operating budget. - Future estimated maximum audit fee for remaining 3 years’ submitted in proposal: - 2024-2025: $165,200 - 2025-2026: $174,300 - 2026-2027: $182,400","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-03-12","mt":"regular","id":"II-D","ref":"RES 24-62","it":"resolution","t":"Resolution authorizing the City Manager to enter into a three-year contract with Envisio Solutions Inc. for a work planning and tracking software subscription","desc":"Background: - The City is in need of software for project portfolio management and reporting to support the organizational and departmental work planning and tracking processes. - The software needs to be able to track and report on all organizational and departmental priority projects, including key milestones and status, and align projects with City services and programs as well as management and City Council priorities. - Envisio Solutions, Inc. was selected as the top-ranked proposal through an interdepartmental evaluation and ranking system. - The procurement method for this Software as a Service was via Request for Proposals allowing the City to identify the vendor that best meets its needs. - The proposals were evaluated and ranked based upon each vendor’s ability to meet the project needs, including but not limited to proposed cost. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses in the solicitation process, which included posting the RFP on the State’s Interactive Purchasing System. - Staff attempted to identify MWBE vendors offering this service in the City’s database, but none were present. - The following bids were received, with the first six (6) listed bidders identified as responsive: Vendor Location MWBE Definitive Business Solutions, Inc. Reston, VA No ClearPoint Strategy Arlington, VA No TeamDynamix Columbus, OH No Aurigo Austin, TX No Envisio Vancouver, BC, Canada No Herzum Chicago, IL No NonDist Las Vegas, NV Yes Skyway Consulting Lakeland, FL No Zargarian Consulting Brentwood, CA Yes Achieveit Atlanta, GA No  Pro(s): - This software will support the organizational and departmental work planning and tracking processes. - The software will facilitate tracking and reporting on all organizational and departmental priority projects, including key milestones and status, and align projects with City services and programs as well as management and City Council priorities. - Funding for the first year subscription and implementation of this software is already allocated in the Finance Department annual operating budget. Con(s): - None. Fiscal Impact: - The three-year contract term will be for a total contract amount of $134,024, with the annual costs broken down as follows: $49,000 for the first year, $41,475 for the second year, and $43,549 for the third year. - Funding for the first year of this contract is available in the Finance and Management Services Department operating budget. Future years will be planned during the annual budget development process.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-03-12","mt":"regular","id":"II-E-individual","ref":"RES 24-63","it":"resolution","t":"Resolution authorizing the City Manager to execute an interlocal agreement with Asheville City Board of Education to provide up to five School Resource Officers","desc":"Background: - School Resources Officers (SROs) have historically been provided through a yearly contract between the City of Asheville and the Asheville City Board of Education. - School Resources Officers provide safe learning environments in our schools, provide valuable resources to school staff members, foster positive relationships with youth, develop strategies to resolve problems affecting youth and protect all students so they can reach their fullest potential. - School Resource Officers provide the first line of defense for city school campuses against acts of violence and threats of violence. - The term of the agreement is from August 14, 2024, through June 30, 2025. Vendor Outreach Efforts: - None.  Committee(s): - None  Pro(s): - Fosters partnerships with ACS and builds relationships with students. - Officer presence within the schools creates a more rapid response time to an incident - Creates a liaison between the school system and the Asheville Police Department Con(s): - None Fiscal Impact: - Per this agreement, ACS will continue to fund the cost of providing SROs, including the following: - Wages and benefits for SROs (including but not limited to actual wages, employer-paid retirement and healthcare costs, workers compensation insurance, and general liability insurance premiums) billed quarterly to ACS. - All expenses incurred by training the SROs, including, but not limited to, meals, lodging, travel, tuition, books, and any other educational materials, with the prior approval of the Police Chief and the ACS Superintendent or their designees. - A supplemental pay bonus of 9% of the SRO’s annual salary based on the number of weeks worked as an SRO. The supplemental pay bonus shall be paid directly to the City of Asheville, including all required employer contributions, in May of each calendar year. The City of Asheville will pay each SRO in one lump sum minus the appropriate deductions. - A total of $1,200 for each SRO to maintain equipment, to be paid at the beginning of each fiscal year. If these expenses exceed $1,200 per officer per year, APD will submit an invoice to ACS to be paid within 30 days of receipt. Councilwoman Roney said that we have a lot of resources needed in our schools, especially around behavioral health, and we have so many students experiencing homelessness. At this time she has concerns about our staffing ability to be able to resource these resource officers. She would need a deeper conversation and would not be able to support his action.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Smith","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":1,"mr":"contested vote","sq":9},{"d":"2024-03-12","mt":"regular","id":"II-F","ref":"RES 24-64","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Play by Design for the Carrier Playground replacement project","desc":"Background: - Carrier Park currently has an aging wooden playground that is past its useful life and is in need of replacement. - The community has indicated the nostalgic wood feel and unique play experience of the existing equipment are desired in the replacement playground. - The new playground will have a similar aesthetic to the current equipment. - Play By Design is the manufacturer of the equipment and will also install the new playground at Carrier Park. - The new playground equipment is expected to be installed by the close of summer 2024 Vendor Outreach Efforts: - Indicate outreach efforts - Staff performed outreach to minority and women owned businesses through solicitation processes using the State’s Interactive Purchasing System and requesting companies to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - An advertisement for Request for Proposals was issued on January 29, 2024. - Four proposals were received on February 13, 2024. - Proposals were submitted by: - Great Outdoors Play Systems (Augusta, GA) - Leathers & Associates, INC (Jupiter, FL) - Mapa Recreation, LLC (Candler, NC) - Play By Design (Ithaca, NY) - The proposals were evaluated and ranked based upon each vendor’s ability to meet the project needs, including but not limited to proposed cost. - Through a committee evaluation and ranking system, the company receiving the highest/best ranking is Play By Design. - No MWBE firms submitted bids with this company as this company is self performing.  Committee(s): - None Pro(s): - New playground will provide more play opportunities - More durable playground materials from recycled products - Short construction timeline for playground replacement Con(s): - Construction might occur during summer. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-03-12","mt":"regular","id":"II-G","ref":"RES 24-65","it":"resolution","t":"Resolution approving the issuance of up to $23,500,000 multifamily housing revenue bonds to provide financing for Lakeshore Villas (Section 147(f))","desc":"VILLAS TO SATISFY SECTION 147(f) OF THE INTERNAL REVENUE CODE  Background: - The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes. - It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157. - The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such plan. - Lakeshore Villas, LLC, a North Carolina limited partnership (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $23,500,000 in multifamily housing revenue bonds for the acquisition and construction of a 120-unit affordable rental development known as Lakeshore Villas located on a 7.5 acre site on Heywood Road near the intersection of Hendersonville Road in Arden, parcel identified as PIN 965415130300000 in the Buncombe County Registry. - The project will consist of 3 buildings. There will be a mix of 1,2 and 3-bedroom units. All units will be set aside for individuals and families at 60% or less of Area Median Income (“AMI”). - The affordability period will be 30 years. - Mountain Housing Opportunities is the developer and manager of this project and is an affiliate of the owner. - Construction is scheduled to commence in May 2024 and has an expected completion date of November 2025. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. Council Goals: - Quality Affordable Housing Pro(s): - 120 units of new housing affordable to households at or below 60% of AMI will be constructed.. - The affordability period will be at least 30 years. Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-03-12","mt":"regular","id":"II-H","ref":"RES 24-66","it":"resolution","t":"Resolution approving the issuance of up to $12,775,000 multifamily housing revenue bonds to provide financing for Laurel Wood Apartments (Section 147(f))","desc":"APARTMENTS TO SATISFY SECTION 147 (f) OF THE INTERNAL REVENUE CODE  Background: - The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes. - It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157. - The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such plan. - Laurel Wood VOA Affordable Housing , LLC (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue multifamily housing revenue bonds for the acquisition and rehabilitation of a 51-unit affordable rental development for seniors known as Laurel Wood Apartments and the construction of 54 additional, affordable units on the site to become part of Laurel Wood Apartments located at 650 Caribou Road in Asheville, a 14.72 acre parcel identified as PIN 9657-10-3768 in the Buncombe County Registry. - The existing 51 units are all one-bedroom and are located within one building that was built in 1999. - The 54 new units will be located in a new building to be constructed on site and will include 42 one-bedroom units and 12 two-bedroom units. - All 105 units in the development will be rent and income restricted at 40,50,60 and 80% of area median income. - The new affordability period will be at least 30 years. - The property has been well maintained and managed by National Housing Corporation “NHC” (a wholly owned subsidiary of Volunteers of America National Services “VOANS”); the new owner will be a subsidiary of VOANS. - On April 11, 2023, the City Council adopted Resolution No, 23-77 approving the Housing Authority issuance of not to exceed $11,855,000 of tax-exempt bonds for the Laurel Wood Apartments development. - The Borrower has now determined that due to an increase in construction costs the amount of tax-exempt debt to be provided to finance the costs of the Development is more than originally anticipated and the Borrower and Issuer now request the City Council to approve the issuance of the tax-exempt Bonds in an amended amount not to exceed $12,775,000. - Construction was scheduled to commence in July 2023 with an expected completion date of December 2024; however, construction is now scheduled to commence in April 2024 and with an expected completion date of August 2025. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. - The Asheville City Council previously approved a $1.5 million Housing Trust Fund loan with 2% interest deferred for a period of 30 years for this project at their September 27, 2022 meeting. Council Goals: - Quality Affordable Housing Pro(s): - 51 units of affordable senior housing will be preserved and renovated and 54 additional affordable senior housing units will be constructed. - The new affordability period will be at least 30 years.  Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-03-12","mt":"regular","id":"II-I","ref":"RES 24-67","it":"appointment","t":"Resolution appointing Councilwoman Maggie Ullman to the Asheville-Buncombe Riverfront Commission","desc":"The ordinance amending the membership of the Asheville-Buncombe Riverfront Commission to remove the County Commissioner seat was removed from the Consent Agenda for discussion and/or an individual vote.  Background: - The Asheville Buncombe Riverfront Commission (previously known as the Asheville Area Riverfront Redevelopment Commission) is a regional advisory board and was established by City Ordinance in fall of 2009; the Commission began meeting in May of 2010. - On October 20, 2023, City Council revised the ordinance making several substantive changes. - City Council Member Sage Turner has resigned as a member, and City Council Member Maggie Ullman is interested in being appointed to her seat.  Committee(s): - Boards & Commissions Committee - March 12, 2024 Pro(s): - Supports intergovernmental relations Con(s): - None.  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-03-12","mt":"regular","id":"II-I1-individual","ref":"","it":"ordinance","t":"Ordinance amending the membership of the Asheville-Buncombe Riverfront Commission to remove the County Commissioner seat","desc":"Commission to remove the County Commissioner seat was removed from the Consent Agenda for discussion and/or an individual vote.  Background: - The Asheville Buncombe Riverfront Commission (previously known as the Asheville Area Riverfront Redevelopment Commission) is a regional advisory board and was established by City Ordinance in fall of 2009; the Commission began meeting in May of 2010. - On October 20, 2023, City Council revised the ordinance making several substantive changes. - City Council Member Sage Turner has resigned as a member, and City Council Member Maggie Ullman is interested in being appointed to her seat.  Committee(s): - Boards & Commissions Committee - March 12, 2024 Pro(s): - Supports intergovernmental relations Con(s): - None.  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"individual","mv":"Ullman","sec":"Mosley","r":"failed","ta":"3-3","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":1,"mr":"contested vote","sq":10},{"d":"2024-03-12","mt":"regular","id":"II-J","ref":"RES 24-59 / ORD 5059","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Asheville PEAK Academy, and budget amendment for Asheville PEAK Academy","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-03-12","mt":"regular","id":"IV-A","ref":"ORD 5060","it":"public_hearing","t":"Public hearing / ordinance to conditionally zone 1 Angle Street and 10 Kitchin Place from Community Business II District to Commercial Expansion - Conditional Zone","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 1 Angle Street and 10 Kitchin Place from Community Business II District to Commercial Expansion - Conditional Zone. This public hearing was advertised on March 1 and 8, 2024. - The property is partially in the floodplain protection area, the “All Hotels” Hotel Overlay district, and the Biltmore Village Historic District overlay. - The project requires a Level III Conditional Zoning approval in accordance with UDO. Sec. 7-5-9 due to the following provisions: - The proposal requires Level III review due to the building’s size in excess of 100,000 s.f. in gross floor area and because it does not comply with criteria in subsection 7-9-7(f) of the Hotel Overlay district relating to setbacks, impervious surface limitations, sidewalks, and building height. Overall Project Proposal - The proposed project includes demolition of the existing site improvements and new construction of a 105,000 sq. ft. gross floor area building to include a hotel use (99 rooms), restaurant, retail space, and below-grade parking. Site Layout and Design - Setbacks are shown between 0 and 10 feet, where COM EXP setbacks are required to be 15’ for front, corner lot side street at 25’, and rear at 25’. A technical modification has been requested. - Impervious surface exceeds the limitation of 80% and is shown above 90%. A technical modification has been provided. - Building height is compliant with the COM EXP-CZ requirements at 52’ 7” but does not comply with the underlying CBII zoning district. - The proposed building includes a footprint of 28,173 s.f., a gross floor area of 105,000 s.f. with 99 hotel rooms at 82,500 s.f. with retail and amenity space equalling 4,250 s.f. A separate restaurant includes 100 seats and 5,500 s.f. of area. - Guest drop off and primary pedestrian access is provided using a looped drive and pedestrian ways along Kitchin Place. - Design review committee approval is not required for Level III projects and general operational and design requirements are controlled by the Biltmore Village Historic District overlay and subsequent COA approval by the HRC. Access, Sidewalks and Parking - Access is shown at a single drive off Boston Way. The access serves 2 below grade parking levels and provides access to waste management facilities. Parking operations appear to be full valet service. - Required parking is provided for hotel guests, employees, and the additional restaurant space. The UDO required minimum spaces is 150, the project is providing 186 spaces (6 accessible) and 10 bicycle parking spots. - Sidewalks are proposed at 5’ to 10’ in width with a planting strip located between the road and the street reflecting the COA approval. Technical modification is requested for the COM EXP-CZ requirements. - The project is pursuing the installation of an enhanced, signalized, crosswalk on Hendersonville Road connecting transit routes to the site and to each other at Boston Way. This infrastructure provides a connection to transit routes and between several pedestrian resources within the village and is subject to City and NCDOT review and approval. - For purposes of reviewing the site (which has four separate road frontages), the “primary building facade” and the “primary access corridor” is considered to be the facade along Kitchin Place. Landscaping / Open Space / Tree Canopy - Open space is required at 10% of the site (3,354 s.f.). Fee-in-lieu compliance is proposed, which is an option for projects with open space requirements of less than 5,000 s.f.. - No landscape property buffers are required for the property. - Required street trees are shown as preserved and planted in a manner consistent with Biltmore Village Historic District overlay and COA approval. A technical modification is provided. - Building impact landscaping is shown partially compliant with a large signature existing Oriental Spruce being preserved in the southeast corner of the site. - The project is located in the Urban Resource Management District. Tree canopy protection requires “Class B” compliance. Tree Canopy Protection will require fee in lieu compliance as no preservation or canopy protection plan is shown. Technical Modifications - The project is seeking several technical modifications that apply to the development standards, site layout, and design through the conditional zoning process:. - Reduction of setbacks to varying widths across the four frontages. For Boston Way, Angle Street and Kitchin Place, the project shows 0’ setbacks. For Hendersonville Rd., the project has a setback ranging from 5 to 10 feet. Setbacks for the COM EXP district require 15’ for the front and corner lot side street setbacks at 25’. Rear setbacks are 25’. - Impervious surface limit will be 95% where the maximum is 80%. - Sidewalks are proposed in accordance with the Biltmore Village district guidelines with brick construction and a planting strip adjacent to the roadway. The proposed width of the sidewalk along Kitchin Place is 10’, along the other roadways the width ranges from 5’ to 7’ feel in width. All frontages include a planting strip between the roadway and the sidewalk. The COM EXP district requires sidewalks to be a minimum of 10 feet in width. - Preservation of the large spruce tree nearest to All Souls Cathedral as shown on the plan as the tree component of building impact landscaping where 22 additional trees are required. - Street trees to be planted in accordance with Biltmore Village historic district plan and guidelines at 40’ spacing where 20’ spacing is required. - Lot size to be 0.77 acres where 1.0 acre is the minimum. - Loading berths: 2 internal berths where 4 are required. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed rezoning supports the Livable Built Environment theme by implementing the following goals in the Living Asheville Comprehensive Plan, including: - Promote Great Architecture and Urban Design to Enhance Placemaking - by providing for development and design principles that encourage pedestrian oriented uses and improving the quality of new architecture. - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking - by supporting contextually appropriate infill development and implementing recommendations from the Historic Preservation Master Plan.. - The proposed rezoning is compatible with the Future Land Use designation of “Town Center” which describes areas that reflect a “town center development pattern [that] typically incorporates a compact urban street grid with smaller blocks in order to promote walkability”. In addition, the Town Center supports “[a] broad range of commercial and office uses would be expected and complementary to higher density residential buildings. Hotel uses may be appropriate in town centers.” (p. 341). Historic Preservation Master Plan (2015) - The proposed development supports the Historic Preservation Master Plan through the review and approval of a certificate of appropriateness by the HRC: - The project design “demonstrates the symbiosis among buildings, businesses, and the economic dynamism offered by tourism – and the benefits of using a unique style as the basis for guiding continued, compatible development.” Compatibility Analysis: - The proposed hotel mixed use facility is compatible with the surrounding land uses, including: - Project abuts multiple pedestrian scaled commercial and retail sites and uses located throughout the network of Biltmore Village. - Project redevelops a site that is currently occupied by a small single-story bank building with drive-through facilities, extensive surface parking, and 5 separate curb cuts accessing the four abutting streets. - Project provides additional lodging and commercial opportunities in a highly desirable tourist center to support neighboring businesses in a town center environment. - Project design and architecture reflects historical elements of Biltmore Village.  Committee(s): - Historic Resources Commission (HRC) - September 13, 2023 - Certificate of Appropriateness Approved. - The minutes of the final hearing and decision of the Commission include pages 1-15. HRC Minutes September 13, 2023. - The materials and documents forming the basis of the decision are substantial and can be found in the September 13, 2023 materials and updates folder. - HRC Findings of Fact & Conclusions of Law and Certificate of Appropriateness (COA). - Technical Review Committee (TRC) - December 4, 2023 - approved with conditions. - Planning and Zoning Commission - January 3, 2024, Continued. PZC requested applicants to provide information on intermodal transportation, activation and fenestration along Hendersonville Road building facade, and information relating the procedural history. - Planning and Zoning Commission - February 7, 2024 Recommended Approval 6-0. Prior to this meeting, the applicant provided a supplemental filing addressing the requests above. This filing is linked below as Exhibit G - Supplemental Application Materials. Additional conditions, including Condition #9 relating to pedestrian facilities, have been added to the Exhibit E Conditions as recommended by the Planning and Zoning Commission and agreed to by the Applicant at the February 7th PZC meeting. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) Single building with a gross floor area of 101,000 s.f.; (2) Hotel: 99 rooms (keys) - 82,412 s.f., hotel and amenity services; (3) Ground level: Entry to hotel and separately activated restaurant and bar area and separate commercial space; (4) Main drop off / pedestrian entrance Kitchin Place; (5) Off-street parking below grade: (a) 186 spaces, 6 accessible; and (b) 10 off-street parking shown on plan; (6) Architectural details extensive and  approved by HRC on 09/13/23; and (7) Parking entrance / waste access via single drive apron Boston Way. Regarding open space/landscaping/tree canopy, (1) Protection details provided for existing street trees and landscaping islands; (2) Building impact shrubs compliant. Single signature spruce tree provided with technical modification for remainder; (3) Street trees shown with modification along Hendersonville Road; and (4) Tree canopy protection and open space pursuing alternative/fee in lieu options. He then showed sketches of the building elevations and building perspective. He said the Historic Resources Commission reviewed this on 09/13/23 and approved it, the Technical Review Committee approved the project with conditions, and the Planning & Zoning Commission voted unanimously to approve the project with conditions. Regarding project conditions and updates, the new project conditions are (1) Pocket Park and conservation of Oriental Spruce; (2) Coordination (with NCDOT and the City) for the installation of pedestrian facilities adjacent to the site. A new pedestrian-activated crosswalk on Hendersonville Road will enhance connectivity between Transit Route stops (S3 and S6), the project, and the core of Biltmore Village; and (3) Project will install a below ground retention system to retain stormwater and reduce discharge to offsite facilities and properties and alleviate flooding impacts. The noted the following two updates since the original staff report was sent - staff has addressed the following items as part of PZC review: (1) Clarification of Level III, Conditional Zoning, and Hotel Overlay; and (2) Determination of “Primary Facade” and “fenestration” requirements vis-a-vis Hotel Overlay and Biltmore Village Historic District. He then reviewed the zoning/overlay conformance focusing on the CZ trigger. Mr. Mitchell then showed a sketch of the primary building facade, fenestration, and access. Technical modifications include (1) Setbacks to be as shown on plans reviewed and approved by HRC place of requirements for COM EXP district. Distances vary - shown at 0’-5’ along frontages; (2) Sidewalks to be permitted as approved by HRC instead of 10’ width minimum - Variable width along multiple frontages: 5-10’ as shown on plan; (3) Allow for street trees along Henderson Road to be separated by 40’ versus 30’ for consistency with Biltmore Historic District and HRC approval; (4) Building impact landscaping provides for preservation of the single large existing Oriental Spruce on southwest corner in lieu of other building impact tree plantings. (Shrub plantings are compliant); (5) Project size is 0.77 acres where 1.0 acre is required; (6) Impervious to exceed 80% as required to allow up to 95%; and (7) Project proposes two onsite (internal) loading berths where four (4) are required. He then explained how the project was consistent with the Future Land Use Map of “Town Center” and the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. In response to Councilwoman Turner, Mr. Mitchell said that staff does not do any analysis regarding community benefits scoring if a developer has not elected to use that incentive, as they only incorporate conditions related to the impact of physical development. The applicant, however, is to be commended for the several voluntary community commitments. Christian Sottile, representative for the Kessler Hotel Design/Applicant Team, was excited to be working with the community on this project. He showed several drawings and sketches of this mixed use project. He then said that in keeping with the City’s goals through its comprehensive and other community plans, they have developed the following list of voluntary community commitments that will be completed as part of the project: (1) construction of over 800 feet in new public sidewalks and streetscapes, including new street tree plantings along Hendersonville Road; (2) coordination for a new public crosswalk that will connect the core of Biltmore Village to the City’s S3 and S6 bus routes; (3) $6,000/per room contribution to the City’s Affordable Housing/Reparations Fund; (4) $300/per room contribution to the City for public art; (5) adoption of a stormwater retention system that will retain stormwater on-site thereby reducing discharge to offsite properties and alleviating flood impacts; (6) installation of bike racks to promote multi-modal options; and (7) creation of a new pocket park across from All Souls Cathedral.  In response to Councilwoman Turner about including the voluntary community contributions as conditions, City Attorney Branham said that some of the applicant’s voluntary community contributions are incorporated into the project conditions. He said that state law gives us very little general guidance in what cannot be included in the conditions. Without specific direction, we are taking a conservative approach and not including those items which may be beyond our legal authority. However, we could include some of the voluntary contributions in a separate document to memorialize them. In response to Councilwoman Turner about who would be upset if we put the voluntary contributions in as conditions, City Attorney Branham said that in some cases no one would object; however, it is his job not to look at the best case scenario, but the worse case scenario. Including conditions without state authority, or local authority, potentially jeopardizes the integrity of the Council's decision making process. At 6:10 p.m. Mayor Manheimer opened the public hearing. Three individuals spoke in support of the conditional zoning project. One individual urged City Council to think of the implementation of the project, i.e., especially as it relates to employee parking in the area. At 6:22, Mayor Manheimer closed the public hearing. Councilwoman Roney said she was familiar with working in the hospitality industry in this part of the City and the S3 and S6 bus routes are only serving this area every 90 minutes. We have a very clear understanding that the south Asheville routes need expanded service. The S3 and S6 routes are not reliable for workers and 30% of our routes end at or before 7:30 p.m. The need for employee parking is serious and will not be mitigated by the level of service we currently provide. She asked if the applicant has considered employee parking or will they just be relying on the City’s public transit. Mr. Sottile said that the required parking for the project is 170 minimum and they will provide 186 spaces which provides parking for not only the new mixed use development but also replaces the parking that is there today. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Ullman","r":"passed","ta":"4-2","cf":"high","u":"https://drive.google.com/file/d/1VfLVVTLrYXm175FC2VaywMaiX6aIyPLn/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2024-03-26","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on March 7, 2024, and the formal meeting held on March 12, 2024","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-03-26","mt":"regular","id":"II-B","ref":"RES 24-68","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Tarheel Paving and Asphalt Inc. for the FY 2023-24 asphalt resurfacing contract","desc":"Background: - The main scope of the project is the resurfacing of 13 streets for a total of 5.01 miles. - An inventory of the streets was provided... - The contract was advertised on February 1, 2024 and bids were opened on February 22,  2024. - The following bids were received:  Tarheel Paving and Asphalt, Inc. of Hendersonville, NC $2,527,521.27 Emery Sealco, Inc of Arden, NC $2,710,858.00  Harrison Construction Division of APAC-Atlantic, Inc. of Asheville, NC $2,772,228.55 Site Development Corporation of Cliffside, NC $2,995,610.00 Bryant’s Land and Developments Industries, Inc. of Burnsville, NC $3,288,656.00 French Broad Paving, Inc. of Marshall. NC $3,561,990.10 Rogers Group, Inc. of Greer, SC $3,585,384.05  Vendor Outreach Efforts: - Funding for this project is provided through City general fund and/or operating budgets.  As a result the outreach and engagement followed the City’s business inclusion processes. This process at a minimum requires staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors. - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors along with the City of Asheville ABI database. - Only one company from an identified disparity group (Black American) was found in the ten-county area and staff directly contacted that company. - The company did not submit a bid. - Two women-owned businesses were also directly contacted and one submitted a bid. - Two woman-owned companies will be operating as subcontractors on the project. - The two WBE companies are Appalachian Paving and Concrete of Swannanoa, NC, and  New Dimensions of Fletcher, NC. - Tarheel Paving and Asphalt anticipates expending 13.5 percent of the total dollar amount  of the contract with these companies.  Committee(s): - None  Pro(s): - The award of this contract will result in the resurfacing of 5.01 miles of City streets.  Con(s): - Construction will cause temporary disruptions in the impacted neighborhoods.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-03-26","mt":"regular","id":"II-C","ref":"RES 24-69","it":"resolution","t":"Resolution authorizing the City Attorney's Office to condemn one waterline easement at 11 Milkweed Way","desc":"Background: - The City’s Water Resources department has a waterline improvement project planned  along Old Lytle Cove Road. - The purpose of the subject project is to increase water capacity and reliability by  replacing an existing 6 inch cast-iron waterline with an 8 inch ductile iron waterline. - The City has obtained all required easements needed to complete this project, save for  one along the edge of real property located at 11 Milkweed Way. - The owner of the property at 11 Milkweed Way has made it clear that he is not willing to  have any conversation about voluntarily selling the City the needed easement. - The easement needed at 117 Onteora Boulevard is immediately adjacent to a roadway,  and only minimally impacts the lot at 11 Milkweed Way. As such, the City’s condemnation of the needed easement has been appraised at less than ten-thousand dollars.  Committee(s): - None  Pro(s): - Will facilitate the completion of a needed waterline replacement project, and safeguard  the project schedule.  Con(s): - Will result in the commencement of an eminent domain action against a citizen.  Fiscal Impact: - Funding for this project was previously budgeted and is available in the Water Resources  Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-03-26","mt":"regular","id":"II-D","ref":"ORD 5061","it":"ordinance","t":"Budget amendment to add funds to the agreement with the N.C. Dept. of Transportation for construction of the sidewalk on Amboy Road bridge","desc":"Background: - Resolution 21-198 was approved by City Council on September 14, 2021 and authorized  the City Manager to execute an agreement between the City and the North Carolina Department of Transportation (NCDOT) for both parties to partner in the funding and construction of sidewalk improvements on Amboy Road Bridge. - The improvements included the widening of the sidewalk on the north side of the bridge and the construction of sidewalk connections on either side of the bridge, connecting to the RADTIP project on the east and the French Broad River Park on the west. - The construction of the project was managed and completed by NCDOT in 2023. - The original agreement that was executed in 2021 included a cost estimate for the City’s  portion of the project, which was estimated to be $77,749.92 out of a total project estimate of approximately $500,000. The City’s portion of the estimated cost was paid to the NCDOT prior to construction. - The agreement required the City to provide additional funding if the actual cost was above the original estimate. - The actual cost associated with the City’s portion of the project was $107,251.04, therefore an additional $29,501.12 is required to be added to the agreement and paid to the NCDOT. - The additional funding will be provided through the City’s Sidewalk Fee In-Lieu Capital Fund which currently has sufficient funds to cover the additional expense.  Vendor Outreach Efforts: - This is an existing agreement between the City and NCDOT. NCDOT has completed  project construction.  Committee(s): - None  Pro(s): - This action fulfills the existing agreement between the City and the NCDOT that was  executed in 2021 for sidewalk improvements on the Amboy Road Bridge.  Con(s): - An additional $29,501.12 in sidewalk in-lieu funds must be used to fund the additional  cost of the recently constructed improvements.  Fiscal Impact: - The original agreement in 2021 included a cost estimate for the City’s portion of the  project, which was estimated to be $77,749.92. This amount has already been provided to the NCDOT. - The agreement requires the City to provide additional funding if the actual cost was above the original estimate. - The actual cost was $107,251.04, therefore an additional $29,501.12 is required to be added to the agreement and paid to the NCDOT. - The additional funding will be provided through the City’s Sidewalk Fee In-Lieu Capital Fund which currently has sufficient funds to cover the added expense.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-03-26","mt":"regular","id":"II-E","ref":"ORD 5062","it":"ordinance","t":"Ordinance enacting speed limits on Battery Park Alley, Woodfin Street, and another street","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its  corporate limits. - City staff received requests from residents to consider changes to the speed limits for the  speed limits listed with this Council action. - City staff performed appropriate traffic-engineering studies along four streets: Battery  Park Alley, Woodfin Street, Harvard Place, and Ormond Avenue. - The speed limit on the following street will be set at 10 miles per hour: - Battery Park Alley from Battery Park Avenue to Page Avenue - The speed limit on the following street will be set at 20 miles per hour: - Woodfin Street from North Market Street to Oak Street - The speed limit on the following street will be set at 25 miles per hour: - Harvard Place from Middlemont Avenue to Ormond Avenue - Ormond Avenue from Harvard Place to Haywood Road - The Asheville Police Department has reviewed the subject actions and they concur with them. - Once the subject action is approved and prior to the installation of appropriate signs on the City-maintained streets, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department. - Subpart A, Article II, Section 18 of the City of Asheville’s Charter requires revising or amending ordinance sections by repealing the original ordinance sections completely and replacing them with revised or amended ordinance sections. - Staff is requesting a repeal and replacement of the relevant ordinance sections to accomplish these speed limit changes. - A short version of the ordinance changes is included with this staff report.  Committee(s): - Multimodal Transportation Commission - February 28, 2024 - presented for information.  Pro(s): - City staff have been able to respond favorably to citizens’ requests. - Provides a more appropriate posted speed limit in commercial and residential areas. - Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders.  Con(s): - None  Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the Transportation Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-03-26","mt":"regular","id":"II-F","ref":"RES 24-70","it":"resolution","t":"Resolution authorizing the City Attorney's Office to condemn an easement needed for the Hominy Creek Greenway","desc":"Background: - N.C. Gen. Stat. § 40A-3 allows the City to condemn easements for public parks and other  recreational facilities. - The City currently has full legal access to the land where the Hominy Creek Greenway is  located, except for one privately owned parcel, which is in the middle of the greenway corridor. - To ensure ongoing public access to this greenway, the City must gain an easement upon this remaining parcel, which will encompass the existing location of the greenway and needed maintenance area. - City staff have attempted to negotiate the purchase of this easement from the subject property owner for many months but have been unable to reach an agreement. - The property owner was provided with offers of financial compensation for the needed easement, based on assessed value or appraisals obtained from a North Carolina licensed appraiser. - Despite best efforts, the City has exhausted all opportunities to acquire the needed property rights through voluntary acquisition, therefore condemnation is necessary in order to ensure continued legal public access to the greenway. - If the City Council authorizes the condemnation, $22,000 will be made available to the property owner based on the third-party appraisal for the easement.  Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - The City will have control of the easement area to ensure public access and cohesive  maintenance of the Hominy Creek Greenway corridor in its entirety.  Con(s): - None  Fiscal Impact: - The cost of the easement is $22,000 based on a third-party appraisal. This amount will  be available to the property owner immediately following the condemnation. - Funding is available in the Transportation Department operating budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-03-26","mt":"regular","id":"II-G","ref":"RES 24-71","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with TDA Consulting to support the CDBG and HOME programs administration","desc":"Background: - In 2021, the City entered into a contract with TDA Consulting, a HOME & CDBG  consulting firm to provide consulting services to support CDBG and HOME programs,  with a specific focus on the HUD compliance finding related to the administration of the HOME down payment assistance program. - Additionally, TDA Consulting was instrumental in reviewing HOME funding applications and assisting with funding recommendations during a period of staff turnover in the Community Development Division. - With contract amendments, staff has now fully expended the funds for the existing contract totaling $86,500. - There is remaining closeout work to be completed with respect to the HUD finding and TDA Consulting is the firm that has completed all of the prior research, communications, and review of the downpayment assistance program. - Staff is seeking authorization to complete the remaining HUD closeout work and assist with the year’s HOME funding cycle. - The Community and Economic Development Department has identified $17,000 of available budget that can be allocated to this contract, which will bring the total amount of the contract to $103,000. - This change order will complete the scope of work for this contract. Any future needs for these services will be procured through a new process.  Vendor Outreach Efforts: - This vendor subcontracts with a training consultant, Community Development Experts,  who has conducted IDIS (a federal grant management system) training for City staff. Community Development Experts is a minority-owned firm with expertise in local and state community development programs. - This vendor was initially procured through an informal bid process. Staff performed outreach to a qualified woman-owned firm, however, that firm did not wish to provide a quote for services requested.  Pro(s): - TDA Consulting has been a key vendor assisting the City with resolving the HUD finding  and additional contract dollars will allow this work to be completed.  Con(s): - None noted.  Fiscal Impact: - Funding for this contract is available in the Community and Economic Development  Department operating budget.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-03-26","mt":"regular","id":"II-H","ref":"ORD 5062","it":"ordinance","t":"Ordinance amending Sections 2-111 through 2-130 of the Asheville City Code to dissolve the Asheville Police Officers and Asheville Firefighters Disability Review Board","desc":"Background: - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its  corporate limits. - City staff received requests from residents to consider changes to the speed limits for the  speed limits listed with this Council action. - City staff performed appropriate traffic-engineering studies along four streets: Battery  Park Alley, Woodfin Street, Harvard Place, and Ormond Avenue. - The speed limit on the following street will be set at 10 miles per hour: - Battery Park Alley from Battery Park Avenue to Page Avenue - The speed limit on the following street will be set at 20 miles per hour: - Woodfin Street from North Market Street to Oak Street - The speed limit on the following street will be set at 25 miles per hour: - Harvard Place from Middlemont Avenue to Ormond Avenue - Ormond Avenue from Harvard Place to Haywood Road - The Asheville Police Department has reviewed the subject actions and they concur with them. - Once the subject action is approved and prior to the installation of appropriate signs on the City-maintained streets, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department. - Subpart A, Article II, Section 18 of the City of Asheville’s Charter requires revising or amending ordinance sections by repealing the original ordinance sections completely and replacing them with revised or amended ordinance sections. - Staff is requesting a repeal and replacement of the relevant ordinance sections to accomplish these speed limit changes. - A short version of the ordinance changes is included with this staff report.  Committee(s): - Multimodal Transportation Commission - February 28, 2024 - presented for information.  Pro(s): - City staff have been able to respond favorably to citizens’ requests. - Provides a more appropriate posted speed limit in commercial and residential areas. - Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders.  Con(s): - None  Fiscal Impact: - The cost of installing and maintaining speed limit signs is included in the Transportation Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-03-26","mt":"regular","id":"IV-B","ref":"ORD 5064","it":"public_hearing","t":"Public hearing / conditional zoning amendment (ORD 4723) for 1568 Brevard Road","desc":"Principal Planner Will Palmquist said that this is the consideration of an amendment to the conditional zoning ordinance (Ordinance No. 4723) for 1568 Brevard Road to make changes to the overall site plan and development proposal. This public hearing was advertised on March 15 and 22, 2024.  Project Location and Contacts: - The project site totals 137 acres at 1568 Brevard Rd (PIN 9636-10-3860) - Owner: Buncombe County  Summary of Petition: Review Process - The project will be reviewed as a conceptual master plan and follow the typical  conditional zoning process for conditional zonings, as prescribed in UDO Sec. 7-5-9. - Specific design details, building heights, number of residential units, and square footage  of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies. - Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases, as necessary, through Final TRC Review. - Each project phase would not need to return to City Council for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process.  Project Site - The project site consists of one property totalling 137 acres, and is located between Ferry  Rd, Brevard Rd, Interstate 26, and the French Broad River. - The project site is currently vacant. - The project is seeking an amendment to the existing conditional zoning on the property  (Ord. No. 4723) which is zoned Commercial Expansion (COM EXP) and Residential Expansion (RES EXP). The proposed amendment would alter which areas of the site are zoned COM EXP and RES EXP. - The site is designated as a combination of “Traditional Neighborhood\", “Neighborhood Center”, and “Parks and Open Space” on the city’s Future Land Use (FLU) Map. A change in Future Land Use is not required.  Overall Project Proposal - The project is being proposed by Buncombe County in consultation with the UNC School  of Government Development Finance Initiative following extensive visioning and goal setting with the Buncombe County Board of Commissioners. - The project proposes five (5) districts with distinct characters and land uses. Each district  has a range of proposed land uses and residential uses proposed and is described as the following: - District 1 is proposed as areas of conservation that encompass the remainder of the site that is not being developed and includes amenities such as greenways and trails. - Districts 2 & 3 are proposed as a multi-family residential development. - District 4 is proposed as a mixed-residential neighborhood with single-family,  two-family, and other residential product types in a combination of detached and attached styles. - District 5 is proposed as a mixed-use, commercial core of the development with neighborhood-serving commercial uses and limited residential uses. - Districts 1, 2, 3, and 5 are proposed to be zoned Commercial Expansion - Conditional Zone (COM EXP-CZ). District 4 is proposed to be zoned Residential Expansion - Conditional Zone (RES EXP-CZ). - Proposed total dwelling units range from 550 to 935 dwelling units, broken down by district: - District 1: None - District 2: 260 - 360 units - District 3: 190 - 350 units - District 4: 100 - 140 units - District 5: 0 - 85 units - Proposed total non-residential/commercial space ranges from 0 to 80,000 s.f., broken down by district: - District 1: 0 - 10,000 s.f. - District 2: 0 - 10,000 s.f. - District 3: 0 - 10,000 s.f. - District 4: 0 - 10,000 s.f. - District 5: 0 - 40,000 s.f.  Access, Sidewalks and Parking - Access to the site is proposed by a new roadway connecting to Brevard Rd from the  southwest (through an access easement on an adjacent property), as well as from Ferry Road from the north. - The project will provide parking as deemed appropriate based on the final design and programming of each district. There will be no minimum parking requirements for the project and the maximum number of spaces allowed will be based on that established by use in UDO Sec. 7-11-2. - A bike lane is proposed on both sides of the primary access road from Brevard Rd. - Extensive greenways and trails are proposed through the site with varying surface types. - The Bent Creek Greenway is planned by Buncombe County to connect between West  Asheville and Henderson County and would be incorporated through the project site along its eastern and southern property boundaries.  UDO Compliance  UDO Provision Requirement (COM EXP) (Districts 1, 2, 3, and 5)  Proposed  Gross Floor Area: No maximum area. TBD  Density: 50 units/acre maximum if 20% of dwelling units affordable at 80% AMI for 20 years  4.0 units/acre to 6.8 units/acre  Lot Size Minimum: One acre minimum District 1 (Conservation): n/a District 2 (Multifamily West): 1 acre District 3 (Multifamily North): 1 acre. District 5 (Mixed-Use Core): 3,500 s.f.  Lot Width Minimum: 100’ minimum along a publicly maintained right-of-way(s)  District 1 (Conservation): n/a District 2 (Multifamily West): 100’ District 3 (Multifamily North): 100’ District 5 (Mixed-Use Core): 40’  Building Height(s) Maximum: 80’ maximum height District 1 (Conservation): 45’ District 2 (Multifamily West): 60’ District 3 (Multifamily North): 60’ District 5 (Mixed-Use Core): 45’  Building Setbacks Minimum: Front: 15’ for mixed-use buildings oriented to face a primary road; 35’ in all other cases Corner lot, street side: 25’ Side: None required. Rear: 25’  District 1 (Conservation): 35’ front, 25’ corner lot side street, 0 side, 25’ rear District 2 (Multifamily West): 5’ front, 5’ corner lot side street, 0 side, 15’ rear District 3 (Multifamily North): 5’ front, 5’ corner lot side street, 0 side, 15’ rear District 5 (Mixed-Use Core): 5’ front, 5’ corner lot side street, 0 rear, 15’ rear  Vehicle Parking Spaces: (Applies to entire site)  Based on bedrooms and square footage of commercial uses  No minimum proposed. Maximum parking based on UDO standards.  Bicycle Parking Spaces: (Applies to entire site)  5% of provided parking spaces TBD, 5% of provided parking spaces minimum.  Parking Lot Location: Side or rear of building District 1 (Conservation): Any location District 2 (Multifamily West): Side or rear District 3 (Multifamily North): Any location District 5 (Mixed-Use Core): Side or rear  Open Space: (Applies to entire site)  10% TBD, minimum requirements to be met.  Impervious Surface Area: 80% maximum TBD, maximum limits to be required.  Sidewalks: 10’ along frontage, 8’ internally 8’ along frontages, 5’ internally  Tree Canopy Preservation: (Applies to entire site)  Management District: Urban Classification: Class B Existing Canopy: 99.23% Require canopy: 10% if preserved  TBD, minimum requirements to be met.  Applicable Landscaping Standards  Property Line Buffer  Does apply  Street Buffer TBD - A Type B, 30’-wide property buffer is required where the property abuts single-family zoning districts around the perimeter of the property. A Type A buffer is currently shown along the northern edge of the site.  (Applies to entire site) Street Trees Does apply  Parking Landscaping  Does apply  Building Landscaping  Does apply  Screening Does apply - Compliance of all applicable landscaping requirements to be confirmed during future phase review of project and to comply with minimum standards, unless modified as stated under Technical Modifications.  Building Entrances 75’ max distances between entrances on each primary facade  75’ intervals for Districts 1-3, 300’ intervals for District 5  UDO Provision Requirement (RES EXP) (District 4)  Proposed  Gross Floor Area: No maximum area. TBD  Density: 50 units/acre maximum if 20% of dwelling units affordable at 80% AMI for 20 years  4.0 units/acre to 6.8 units/acre  Lot Size Minimum: Single-family developments: 3,500 s.f. Multi-family developments: 1 acre  District 4 (Mixed Residential): 3,500 s.f.  Lot Width Minimum: 40’ District 4 (Mixed Residential): 40’  Building Height(s) Maximum: Single-family developments: 40’ maximum height  District 4 (Mixed Residential): 45’  Building Setbacks Minimum: Single-family developments: Front: 15’ Side: 6’ Rear: 15’ Multi-family developments: Front: 15’ Side: 15’ Rear: 15’  District 4 (Mixed Residential): 5’ front, 6’ side, 15’ rear  Impervious Surface Area: Single-family developments: 50% maximum Multi-family developments: 80% maximum  TBD, maximum limits to be required.  Sidewalks: Single-family developments: 5’ along frontage and internally Multi-family developments: 10’ along frontage and internally  8’ along frontages, 5’ internally  Project Conditions - Affordable housing is proposed as part of the project: - A minimum of 20% of the residential units in each district will be designated affordable to those earning at or below 80% of Area Median Income (AMI) for a minimum of 20 years. - All (100%) of these affordable housing units will accept HACA Housing Choice Vouchers. - A Traffic Impact Analysis (TIA) will be required through the NCDOT process. The Project shall implement any recommendations identified through the TIA review process  Technical Modifications - Due to the conceptual nature of this master plan conditional zoning and the goals associated with minimizing footprints of developments and maximizing conservation areas, the project is seeking the following technical modifications through the conditional zoning process: - Minimum lot size of 3,500 s.f. in District 5 where 1 acre minimum is required and in District 4 where 1 acre minimum is required for multi-family developments. - Minimum lot width of 40’ in District 5 where 100’ is required. - Maximum building height of 45’ in District 4 where a maximum of 40’ in height is allowed  for single-family developments. - Sidewalks of 8’ in width along frontages and 5’ in width internal to the site, where  10’-wide and 8’-wide sidewalks, respectively, are required in District 5 and where 10’-wide sidewalks are required for multi-family developments in District 4.. - Parking lots located in the front of buildings in District 1 and District 3, where parking lots are required to be located to the sides and rear of buildings. - Front yard setbacks of 5’ and rear yard setbacks of 15’ in Districts 2, 3, and 5 where front and rear yard setbacks are required to be a minimum of 15’ and 25’, respectively. Front yard setbacks of 5’, side yard setbacks of 6’, and rear yard setbacks of 15’ in District 4 where 15’ setbacks for all yards are required for multi-family developments in District 4. - Building entrance intervals of 300’ in District 5, where 75’ maximum interval distances are required. - Reduction of the required Type B buffer at the north side of the property to 15’ wide (where 30’ is required) for 300 linear feet. - Green stormwater infrastructure (i.e. bio retention, level spreader, bioswale, constructed wetland, wet pond, etc.), as indicated on the Conceptual Stormwater Plan, may be located in required bufferyards, for no more than 25% of the area of the bufferyard, as long as the required number of plantings is met. - Sidewalk on one side of the street of the Primary Entry Road, as well as the Neighborhood-LID streets in District 4, and no new sidewalks along Ferry Road. - In lieu of required sidewalks in District 3, the proposed greenway will be located on one side of the street. If a greenway is not provided, a sidewalk only on one side of the road would be required. - No minimum parking requirements for the projects are required and maximum parking limits are based on the typical standards set by the type and amount of uses, as set forth in the UDO. - In District 4, if conflicts are identified between required street trees and underground utilities, street trees may be located elsewhere within the boundaries of District 4, with final location to be determined by the City’s Urban Forester, or their designee, not to exceed 75% of total required street trees within the district.  Demographic Analysis (Source: data.census.gov/map)  Census Tract # Tract 23.06  https://data.census.gov/map/050XX00US37021$1400000?layer=VT_2021_140_00_PY_D1&basemap=detailed&loc=35.6409,-82.5593,z13.0194  Race (Source: 2020 Decennial Census) Total Population 3,890  White: 3,154 (81.1%)  Black: 146 (3.8%)  Asian: 61 (1.6%)  Native Hawiian or Pacific Islander: 2 (0.1%)  American Indian/Alaskan Native: 22 (0.6%)  2+ Races: 287 (7.4%)  Some Other Race: 218 (5.6%)  Ethnicity (Source: 2020 Decennial Census) Hispanic/Latino: 400 (11.4%)  Not Hispanic/Latino: 3,104 (88.6%)  Educational Attainment (Bachelor’s Degree or Higher, %) (Source: 2022 ACS 5-Year Estimates)  44.8%  Homeownership Rate (%) (Source: 2022 ACS 5-Year Estimates)  62.2%  Median Household Income (Source: 2022 ACS 5-Year Estimates)  $62,310  Legacy Neighborhood Status Not a Legacy Neighborhood  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by prioritizing greater densities of development overall as a means of achieving more walkable and efficient urban environments and as a tool to help protect and preserve open space and the natural environment.  - Increase and Diversify the Housing Supply - by increasing the supply and variety of housing types, including affordable housing in proximity to schools, transit, and parks.  - Build Out the Greenway Network - by linking greenways to transit nodes,  employment, shopping, schools, parks, and other greenways. - Implement Green Infrastructure and Enhance the Urban Tree Canopy - by  implementing low-impact development and other types of green infrastructure strategies that may include naturalized stormwater features, such as rain gardens, landscaped swales and bioretention areas along roadways and greenways. - The proposed development is compatible with the Future Land Use designations of “Traditional Neighborhood\", “Neighborhood Center”, and “Parks and Open Space:  - Traditional Neighborhood: “In a traditional neighborhood, the types of housing can vary and often include a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes and multifamily apartments usually located seamlessly together.  - Neighborhood Center: “A small development or corner store within a neighborhood or along a corridor with nonresidential community focused commercial activity and, sometimes, limited residential uses as a component of the commercial development.  - Parks and Open Space: “Includes a wide variety of different park facilities…Residential uses adjacent to and surrounding parks are encouraged, including pedestrian and bicycle access to maximize access and safety.  Compatibility Analysis: - The proposed mixed-use project is generally compatible with the surrounding land uses,  including: - Commercial and multi-family residential land uses located along Brevard Rd. - Single-family residential land uses located in the surrounding vicinity to the north  and west. - Interstate 26 bordering the project site on the east. - The French Broad River bordering the project site on the southeast.  Committee(s): - Technical Review Committee (TRC) - February 5, 2024 - Approved with conditions. - Planning & Zoning Commission (PZC) - March 6, 2024 - Approved (Vote 5:0) with the  following conditions: 1) That the provision of affordable housing units be applied to both owner-occupied and renter-occupied units; and, 2) That Buncombe County explore an extension of fixed-route bus service to the project site, in partnership with the City of Asheville.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the review process (1) The project will be reviewed as a conceptual master plan and follow the typical conditional zoning process for conditional zonings, as prescribed in UDO Sec. 7-5-9; (2) Specific design details, building heights, number of residential units, and square footage of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies; (3) Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases, as necessary, through Final TRC Review; and (4) Each project phase would not need to return to City Council  for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process. He then showed the District Plan. He explained the mix of uses as follows: (1) Proposed total dwelling units range from 550 to 935 dwelling units, broken down by district: District 1: None; District 2: 260 - 360 units; District 3: 190 - 350 units; District 4: 100 - 140 units; and District 5: 0 - 85 units; and (2) Proposed total non-residential/commercial space ranges from 0 to 80,000 s.f., broken down by district: District 1: 0 - 10,000 s.f.; District 2: 0 - 10,000 s.f.; District 3: 0 - 10,000 s.f.; District 4: 0 - 10,000 s.f.; and District 5: 0 - 40,000 s.f. He then showed a sketch of the greenway and trail plan, along with street typologies. Regarding conditions, (1) affordable housing is proposed as part of the project - A minimum of 20% of the renter-occupied and owner-occupied residential units will be designated affordable to those earning at or below 80% of Area Median Income (AMI). The renter-occupied residential units will remain affordable for a minimum of 20 years; and All (100%) of these affordable housing units will accept HACA Housing Choice Vouchers; (2) A Traffic Impact Analysis (TIA) will be required through the NCDOT process. The Project shall implement any recommendations identified through the TIA review process; and (3) If the final design of District 3 has fewer than 200 units, the southern roadway connecting District 5 and District 3 may be eliminated as it will no longer be required for emergency fire access. Regarding technical modifications, (1) Minimum lot size of 3,500 s.f. in District 5 where 1 acre minimum is required and in District 4 where 1 acre minimum is required for multi-family developments; (2) Minimum lot width of 40’ in District 5 where 100’ is required; (3) Maximum building height of 45’ in District 4 where a maximum of 40’ in height is allowed for single-family developments; (4) Sidewalks of 8’ in width along frontages and 5’ in width internal to the site, where 10’-wide and 8’-wide sidewalks, respectively, are required in District 5 and where 10’-wide sidewalks are required for multi-family developments in District 4; (5) Parking lots located in the front of buildings in District 1 and District 3, where parking lots are required to be located to the sides and rear of buildings; (6) Front yard setbacks of 5’ and rear yard setbacks of 15’ in Districts 2, 3, and 5 where front and rear yard setbacks are required to be a minimum of 15’ and 25’, respectively. Front yard setbacks of 5’, side yard setbacks of 6’, and rear yard setbacks of 15’ in District 4 where 15’ setbacks for all yards are required for multi-family developments in District 4; (7) Building entrance intervals of 300’ in District 5, where 75’ maximum interval distances are required; (8) Reduction of the required Type B buffer at the north side of the property to 15’ wide (where 30’ is required) for 300 linear feet; (9) Green stormwater infrastructure (i.e. bio retention, level spreader, bioswale, constructed wetland, wet pond, etc.), as indicated on the Conceptual Stormwater Plan, may be located in required buffer yards, for no more than 25% of the area of the bufferyard, as long as the required number of plantings is met; (10) Sidewalk on one side of the street of the Primary Entry Road, as well as the Neighborhood-LID streets in District 4, and no new sidewalks along Ferry Road; (11) In lieu of required sidewalks in District 3, the proposed greenway will be located on one side of the street. If a greenway is not provided, a sidewalk only on one side of the road would be required; (12) No minimum parking requirements for the projects are required and maximum parking limits are based on the typical standards set by the type and amount of uses, as set forth in the UDO; and (13) In District 4, if conflicts are identified between required street trees and underground utilities, street trees may be located elsewhere within the boundaries of District 4, with final location to be determined by the City’s Urban Forester, or their designee, not to exceed 75% of total required street trees within the district. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission approved the project with the conditions. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  Buncombe County Commissioner Chairman Brownie Newman was excited about the project which will be built in hases over several years and that is why they need flexibility in the process. It represents a unique opportunity to address two of our communities high goals - preservation of a significant area along the french broad river; and allow one significant development focused on affordable housing to move forward. He talked about the mix of  affordability and how the County is committed to expanding homeownership. They are committed to making a minimum of 20% of the renter-occupied and owner-occupied residential units designated affordable to those earning at or below 80% of Area Median Income (AMI). The renter-occupied residential units will remain affordable for a minimum of 20 years. All (100%) of these affordable housing units will accept HACA Housing Choice Vouchers. He urged City Council to support this exciting project.  Nathan Pennington, Planning Director of Buncombe County, said that the Ferry Road community is a mixed income housing community with conservation at the heart and public recreation opportunities along the French Broad River. He then gave a brief history of the project. He said key features of the project are: (1) Affordability: 645 units (55% affordable); (2) Conserved Lands: 70+ conserved acres (~60% of property); (3) Protected Waterways and Buffers: 5K LF FBR tributaries and frontage, 1 wetland; (4) Parks: 1 Community Green, 5 pocket parks; (5) Recreation: 1.9 greenway miles and 1.7 trail miles, 3 trailheads with estimated 20 parking spaces; (6) Community Services: 22,000 SF for community services (e.g., childcare, health clinic); (7) Transportation: New access road and road improvements; and (8) Equitable Development: Key features designed and collocated with housing for low/moderate income individuals. He explained the strategic alignment with Buncombe 2025 and the Ferry Road key elements. He then explained the different districts as well as their conservation plan. He talked about affordability, noting 645 units with 55% affordability. He outlined who the community will serve, along with the recreation, potential cost of development, Development Finance Initiative (DFI) Program. He outlined the next steps, with infrastructure improvements in 2025.  When Councilwoman Roney asked if City staff has talked with the applicant about a plan for renewable energy or if there is anything that might limit that plan for future renewable energy, Mr. Palmquist said that that project is very preliminary at this stage and he didn’t think there was anything that would prohibit a plan in the future.  In response to Vice-Mayor Kilgore , Sarah Odio with the Development Finance Initiative with the UNC School of Government, explained the County’s use of the Development Finance Initiative Program noting their goal is to find a master development partner.  When Councilwoman Turner asked if the Count will be asking the City to financially participate, Tim Love, with Buncombe County government, said there is no ask today.  Councilwoman Roney thanked the County for their vision and commitment to developing affordable housing in our community. The conservation element and amenities planned for this development represent the climate and neighborhood resilience that are also high priorities for me and are reflected in Council's Strategic Priorities. Her primary concern is who has access to live in this development, who are we leaving behind, and are the people of Asheville and Buncombe County who supported and are funding the housing bond considered? Though there are many interior plans for walkability, bikeability, and accessibility, potential residents accessing this development hinges on them owning/operating a car or commuting a mile to the closest bus stop at the end of W2. In our small-group conversations at City Hall, she asked about transit access and she appreciated that we are talking about future partnership. She asked that we model what future partnership for transit looks like by modeling partnership today. Instead of partnering to study partnership or agreeing to talk about future commitments, we can learn by doing the work now and delivering for our constituents. Both the Council and Commission are being advocated by ART-C about funding transit expansion on the S3 and S6 routes, which would increase frequency from 90 minutes to 45 minutes. As a transit-dependent commuter, she is also a member of the ART-C Coalition, which includes Sierra Club, Mountain True, AARP, Better Buses Together, and Just Economics. We know that increased frequency is proven to increase ridership, and the good news is that our ridership numbers are returning to pre-COVID levels. This South Asheville/Buncombe service is phase 2 of our Transit Master Plan,  https://transit4all.com/2021/04/19/call-on-buncombe-county-commissioners-and-asheville-city-council-build-back-better-with-public-transit/ https://transit4all.com/2021/04/19/call-on-buncombe-county-commissioners-and-asheville-city-council-build-back-better-with-public-transit/  Enka-Candler is Phase 4. In summary, she would feel better passing Ferry Road knowing that we are prepared for necessary infrastructure, that residents of Asheville and Buncombe County will be able to access housing at Ferry Road without requiring a car--especially because I know families will sign leases without owning a car. Without us providing critical infrastructure, we will see them walking on the side of the road. A solution is that we should exercise our partnership this year with expansion of S3/S6 and grow that partnership to Enka/Candler/Ferry Road service in time for the service to be a reliable, core service for this new neighborhood at Ferry Road. If we don't: we are leaving our most vulnerable residents behind or on the side of the road without a real plan. She was eager to discuss this more.  Mayor Manheimer opened the public hearing at 7:47 p.m.  Three individuals spoke in support of the conditional zoning.  One individual felt that the County should not be given preferential treatment since there is no minimum parking requirement.  Mayor Manheimer closed the public hearing at 8:00 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2024-03-26","mt":"regular","id":"IV-C","ref":"ORD 5065","it":"public_hearing","t":"Public hearing to amend the Unified Development Ordinance regarding home occupations","desc":"Assistant Planning & Urban Development Director Chris Collins said that this is the consideration of an amendment to the Unified Development Ordinance limiting land uses allowed within home occupations.. This public hearing was advertised on March 15 and 22, 2024.  Background: - The UDO currently lists supplemental requirements for the operation of home occupations. - The listed supplemental requirements do not currently apply the UDO’s table of permitted uses to the operation of a home occupation. - As home occupations operate without regard to the table of permitted uses, uses listed as “Expressly Prohibited Uses” elsewhere in the City may currently be allowed within a home occupation. - Uses that are expressly prohibited elsewhere in the City are prohibited due to material safety issues, nuisance issues and health hazards. - This text amendment would disallow any use appearing in the expressly prohibited uses section of the permitted use table to be operated in conjunction with a home occupation. - At the March 6 Planning & Zoning Commission (PZC) meeting, commissioners asked staff to investigate additional revisions to the home occupation requirements for effectiveness and efficiency while amending the use provision. These recommendations are: - Allowing two full-time employees as opposed to the current restriction to one. - Increasing the percentage of the home that may be dedicated to the operation of  the home occupation - Removing additional restrictions placed on “artist’s studios” and “workshops”  operating in accessory structures. - Removing the requirement that only one vehicle principally used for the home  occupation be allowed and that it be parked in an enclosed garage. - Removing the requirement for one additional off-street parking space to  accommodate the home occupation - At the request of the PZC, staff has researched the additional changes requested and  found the following: - Increasing the allowed number of employees of a home occupation from one to  two is not standard in other cities in the state. Of the three jurisdictions researched, none permit any employees to operate at a home occupation. This change is not supported by staff. - Increasing the percentage of the home allowed to be used primarily by the home occupation from 25% to 30% is in line with other communities and is supported by staff. - The current iteration of the City’s noise ordinance controls possible nuisance generated by an artist’s studio or workshop and removing zoning restrictions regarding structure size and additional setbacks for those uses in accessory structures is supported by staff. - Removal of the limitation that only one vehicle principally used by the home occupation be present on site and that the vehicle be parked in an enclosed garage is partially supported by staff. It is common practice to allow only one vehicle but problematic to require the vehicle to be parked in an enclosed garage. - Removal of the requirement for one additional off-street parking space is supported by current Urban Planning practices and the provision requiring an additional off-street parking space is problematic for homes in the City without access to off-street parking.  Comprehensive Plan Consistency: - This proposal aligns with a number of themes within the Living Asheville Comprehensive  Plan including ‘A Livable Built Environment’ and ‘Interwoven Equity’'. The following goals are applicable to this zoning amendment: - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking; prioritize growth and development within designated growth areas - Increase Access to Opportunities for All  Committee(s): - Planning & Zoning Commission: Recommended Approval by vote of 6-0 on 03/06/2024  Pro(s): - Lessens potential neighborhood harm by reducing the intensity of land uses allowed  within a home occupation. - Supports the goals of the comprehensive plan aimed at A Livable Built Environment and  Interwoven Equity. - Supports the Council goal of Neighborhood Resilience. - Simplifies and updates the requirements for home occupations so that residents may  more easily understand and comply with said regulations.  Con(s): - None.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.  Staff Recommendation: - Staff recommends approval of the proposed zoning text amendment to establish new  standards zoning text amendment to revise Sections 7-16-1(b)38 of the UDO in order to improve regulations for the operation of home occupations because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well.  Mr. Colllins outlined the following key takeaways from his presentation as follows: (1) No limitation on land uses eligible to be operated as a home occupation currently exists; (2) This text amendment will fix an unintended issue whereby uses listed as expressly prohibited elsewhere in the City may have been allowed as home occupations; and (3) This text amendment will align the City’s home occupation regulations with common practices found across the state and remove unnecessary regulatory barriers for home based entrepreneurs while further promoting equity. An overview of the proposed changes are as follows: (1) Disallowance of “Expressly Prohibited Uses” in home occupations; (2) Increasing the percentage of a home’s area permitted to be used in conjunction with the home occupation; (3) Removing additional setback requirements and size restrictions for certain uses in accessory structures; (4) Removal of a requirement that one allowed vehicle used in conjunction with the home occupation be housed within an enclosed garage; and (5 Removal of the requirement for an additional off-street parking space for a home occupation. Regarding removal of expressly prohibited uses, (1) Links the land use requirements for home occupations to the Permitted Use Table; (2) Removes the allowance for items labeled “Uses Expressly Prohibited” to be conducted from a residence; and (3) Uses are generally prohibited due to materials safety, nuisance and health hazard issues. Regarding the maximum area of home allowed, current regulations allow 25% of the home to be dedicated to the home occupation. Research conducted upon other regulations in the state found 30% to be an acceptable benchmark. Use of the maximum space within an accessory structure is allowed based on the primary residence size. Regarding accessory structure standards, (1) When artist’s Studios and workshops are in separate accessory structures, the UDO currently sets size limits on structure, height limits on structures and requires additional property line setbacks; (2) A separate section of the UDO already regulates accessory structure size and height; (3) A separate regulation already controls nuisance from noise, vibrations, glare, fumes or odors; and (4) These specific standards are unnecessary and conflicting with more recently adopted  regulations. Regarding home occupation vehicle standards, he said the UDO currently allows one vehicle principally used for the home occupation when said vehicle is parked in an enclosed garage. Many homes in the City do not have access to enclosed garages. Removal of requirement to house the allowed vehicle in an enclosed garage removes barriers and may promote equity in home occupations. Regarding home occupation parking standards, Mr. Collins said the UDO currently requires that home occupations provide one additional off-street parking space. Many homes in the City do not have access to an off-street parking space. Staff has found that other regulatory comparable jurisdictions within NC generally do have a requirement for an additional off-street parking space. Removal of requirement for an additional off-street parking space removes barriers and may promote equity in home occupations. On March 6, 2024, the Planning & Zoning Commission recommended to approve the expressly prohibited uses provision with a further request to research additional amendments prior to the City Council hearing by a vote of 6-0. Staff recommends approval of the proposed zoning text amendment to establish new standards to revise Sections 7-16-1(b)38 of the UDO in order to improve regulations for the operation of home occupations because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well. A suggested motion would be to approve the proposed wording amendments to Chapter 7 of the Asheville Code of Ordinances and find that the proposed amendments are reasonable, are in the public interest, are consistent with the City's comprehensive plan and meet the development needs of the community in that the amendment will ensure protection of neighborhoods by disallow certain uses within home occupations and create a simplified set of regulations by which residents must operate home occupations.  Mayor Manheimer opened the public hearing at 8:26 p.m.  Jared Wheatley spoke in support of this text amendment.  Mayor Manheimer closed the public hearing at 8:28 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2024-03-26","mt":"regular","id":"V-A","ref":"ORD 5066","it":"ordinance","t":"Ordinance adopting Fiscal Year 2025 fees and charges (golf cart fee amendment)","desc":"Budget Manager Taylor Floyd said that this is the consideration of an ordinance adopting Fiscal Year 2025 Fees & Charges.  Background: - Staff reviews fees and charges as part of the budget process each year and brings  forward recommendations for adjustments early in the process. - Fees and charges represent a small portion of General Fund revenues but are the major  revenue source for Enterprise Funds. - Fees and charges made up 31% of total budgeted revenue in the current fiscal year. - Fee adjustments are being proposed in the following areas: Solid Waste, Stormwater,  Water, Parking and Concrete Curb Installation. - Fees are primarily being recommended to be adjusted to help address maintenance and  operational needs. - More detailed and specific information regarding the fee adjustment for each service was  provided. - If approved, fee adjustments will become effective July 1, 2024. - Proposed changes are based on impacts to revenues, customers, and service provision. - Typical household impact of major fee changes proposed for FY 2024-25 is below:  Fee Bi-Monthly Bill Increase FY24 Annual Increase Solid Waste $ 2.00 $ 12.00 Stormwater (Tier 2) $ 0.94 $ 5.64 Water (6 CCFs/month) $ 0.39 $ 2.34 Total $ 3.33 $ 19.98  Pro(s): - Provides for cost recovery from those that directly utilize or benefit from the service  where appropriate, reducing the financial burden of City services on taxpayers. - Provides additional revenue to help balance the FY 2024-25 budget. - Allows staff to begin communicating fee changes to citizens, customers, and  stakeholders so they are aware of changes that will be implemented on July 1, 2024. - Helps provide revenue needed to address significant maintenance and operational  needs.  Con(s): - A minimal increase in the cost of city services.  Fiscal Impact: - Impacts for each recommended change are shown in the document provided to Council.  Budget Manager Taylor Floyd outlined the following key takeaways from his presentation as follows: (1) Staff reviews fees and charges as part of the budget process each year and bring forward recommendations for adjustments early in the process; (2) Fees and charges represent a small portion of General Fund revenues but are the major revenue source for Enterprise Funds; and (3) Staff recommendations, approved unanimously by Finance Policy & Human Resources Committee, for FY 2024-25 include: (a) A continuation of modest increases to water, stormwater, and solid waste fees paid by most households; (b) Adjustments to parking fees to fund $11.3M in garage repairs; (c) Increase to curb installation fee based on material change; and (d) Adjustments to water development review, fire hydrants, new tap/meter, and testing/sampling fees based on costs.  Mr. Floyd then went into detail for each recommended change - with all the changes being an Fiscal Year 2025 annual increase of $19.98  For the Water Resources fund, continuing to invest in this service will help to address maintenance and operational needs. The recommended 3-year phase in is (1) Equity among rate classes (a) eliminates rate payer inequity faster than the 5-year phase in; and (b) 3-year phase-in already prolongs the cost of service study implementation; and (2) financial sufficiency (a) establishes reserves faster to help maintain debt ratings; (b) commitment to funding capital more favorable for rating agencies; and (c) 5-year plan requires higher rates by year 5 to achieve same reserve target. He then showed a chart of base rate comparison and typical customer bill impacts. There is $240 Million in capital needs, which include the meter replacement project, water treatment plant rehabilitation, water treatment plan enhancements, and Mills River Treatment Plant expansion.  Councilwoman Ullman felt it was important for us to get a more fair cost of service from residential and commercial customers. We need a healthy water infrastructure and we need to make these investments. She understood the community’s thought about stretching the cost out to five years, but they would be paying more than the 3-year phase in.  Councilwoman Turner felt a more educational approach of actual impacts is needed.  Councilwoman Roney said that she has regularly voted against fees & charges because she was concerned that residents were subsiding the largest accounts while we didn’t invest enough in our infrastructure. However, this budget cycle, we reviewed the long-awaited water rate study at the Policy, Finance, and HR Committee. The study recommends significant adjustments to get us to fair rates instead of the disparity that was up to 103% off of cost of service. The 3-year phasing is recommended for rate equity, fiscal responsibility, and needed infrastructure investment–we must do it. She planned to support this year’s water rates. Keeping our water on is a matter of public health and climate & neighborhood resiliency, and it’s critical for our economy. She does hear business concerns about commercial and wholesale water rate increases and appreciates offers to join in advocacy for the federal and state infrastructure funding on Council’s legislative agenda tonight.  Mr. Floyd said that for the Parking Services Fund, continuing to invest in this service will help to address maintenance and operational needs. Using charts he reviewed the on-street parking changes, parking garage changes and monthly parking options. Regarding service improvements (1) $11.3 Million of identified capital repairs in parking garages to extend life of facilities; (2) ongoing parking garage maintenance ($1 Million/year); and 3) additional enforcement staff for extended hours - staff can also support enforcement and addressing parking issues outside of the Central Business District.  Councilwoman Ullman recommended raising on-street hourly parking meter rates to $2.50 and keep the service from 8:00 a.m. - 6:00 p.m.  Councilwoman Roney said that she appreciated hearing from workers, advocacy groups, and people organizing art, music, and cultural events that bring locals downtown. Our aging parking decks are obvious examples of how tourism burdens our infrastructure while people who live and work here pick up the tab. Fundamentally, she thinks decks should be maintained in part by hotel occupancy taxes, but until then, relying on property taxes is not the answer. She appreciated most of the recommendation here, which she sees as: (1) capturing more tourist dollars through parking revenue than instead of relying on property taxes to maintain parking decks, and (2) working towards a menu of mitigation for the people who work downtown and support local businesses, including keeping the first hour free in decks and lowering the daily max rate in the decks from $20-15. In talking with workers and advocacy groups, she hears that we  should expect more demand for the County’s subsidized parking program for workers and be prepared to partner, though the County’s program still has 57 of 200 spots left. If you work downtown, please check out the Affordable Parking Program through Buncombe County. She appreciated Councilwoman Ullman’s suggestion to increase meter rates instead of expanding meters from 6pm-9pm, and in doing so makes it possible for her to support it.  Councilwoman Turner said that the last five years the Parking Fund has helped subsize the transportation budget. She felt we might want to have a conversation about our struggling asset because we are sending money out to transportation. City Manager Campbell responded that we have competing needs. Ultimately we need an additional revenue stream to fund transit.  Councilwoman Smith requested information on how much revenue is generated on parking citations.  It was the consensus of Council to raise on-street hourly parking meter rates to $2.50 and keep the service from 8:00 a.m. - 6:00 p.m.  Mr. Floyd said that for the Stormwater Fund, continuing to invest in this service will help to address maintenance and operational needs. Using a chart he outlined the recommended changes, which is roughly a 7% increase. Regarding service improvements, (1) Additional crew to support infrastructure replacement ahead of repaving projects; (2) Additional equipment and capital to enhance ongoing maintenance; (3) Additional position to support continuity of operations (sweepers, system cleaning vehicle operators, CCTV camera operators, and utility locations); and (4) Additional positions to support timely development review.  Councilwoman Ullman said that in the context of managing stormwater, we have a lot of growing to do to meet the threats of climate control.  Mr. Floyd then provided a sanitation overview of the fees. Regarding service improvements, (1) Offset additional cost of providing ongoing level of service (including compensation changes & recycling contract); (2) Additional position to align full-time staffing with yard waste/bulky load routes; (3) Waste reduction position to expand recycling education and outreach (previously contracted); and (4) Additional vehicle to support special collections and receptacle maintenance.  In summary, he provided a chart showing a typical residential household impact for all fees proposed - bi-monthly bill increase of $3.33, and Fiscal Year 2025 annual increase of $19.98.  Other recommended changes include (1) Water Resources - Adjustments to development review, fire hydrants, new tap/meter, and testing/sampling fees based on costs; and (2) Public Works (General Fund) - Changes to curb installation fee based on material change (asphalt to concrete).  Two individuals spoke against the water rate increase and to work towards a solution that supports the sustainability of both our water resources and our business community.  Jared Wheatley felt that all the free parking should be metered and paid parking.  Jonathan Wainscott spoke against the recycling program.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Transportation","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2024-03-26","mt":"regular","id":"V-B","ref":"RES 23-72","it":"resolution","t":"Resolution to approve the 2024 City Council Legislative Agenda","desc":"City Attorney Branham said that this is the consideration of a resolution to approve the 2024 City Council Legislative Agenda and to direct the City Attorney to provide the resolution to the members of our local delegation.  Background: - The 2024 legislative short session of the North Carolina General Assembly will  commence in April of this year. - Historically, the City Council has adopted a legislative agenda to provide direction to our  local delegation on those priorities for local or general legislation which the City wishes to pursue.  Committee(s): - Policy, Finance and Human Resources - March 12, 2024 - approved 3-0  Pro(s): - Provides direction to our local delegation on Council’s legislative priorities, and serves as  a starting point for presentation of potential general and local acts which would benefit the City.  Con(s): - None  Fiscal Impact: - This action requires no (additional) City resources and has no fiscal impact.  City Attorney Branham said the following are the key takeaways from his presentation: (1) The N.C. General Assembly will convene its 2024 Short Session in April; (2) The City Council Legislative Agenda provides a means of transmitting your shared legislative goals with our local delegation and the public; (3) Previous success - occupancy tax changes, civilian traffic investigators, and funds to mitigate stormwater pollution in the French Broad River; (4) The proposed City of Asheville 2024 Legislative Agenda is comprised of two sections - Short Session Priorities & General Legislative Requests; and (5) These agenda items represent those matters which are pertinent to, and appropriate for, potential legislative action. He said the Short  Sessions occur in EVEN numbered years, and are intended to only last a few weeks. The 2024 Short Session will convene on April 24th. Bill consideration will be limited, primarily to those affecting the State Budget. New bills must be submitted by April 15th, and introduced by May 2nd - 7th. City of Asheville Agenda Items - Short Session Priorities - include (1) Support Funding Opportunities for Investments in Critical Local Infrastructure and Services; (2) Support New State Funding to Assist Property Owners with Reducing Stormwater Pollution; and (3) Reform the Local Occupancy Tax Utilization Rules. City of Asheville Agenda Items - General Legislative Requests - include (1) Oppose Legislation that Would Limit Reasonable Regulation of Short Term Vacation Rentals; (2) Support New Legislation and State Funding to Encourage Development of Affordable Housing; (3) Oppose Legislation that Would Remove or Further Restrict Local Conditional Zoning Authority; (4) Support Legislation that Would Update Property Taxation to Provide Greater Protection and Equitable Treatment for Homeowners; (5) Amend the North Carolina Fair Housing Act to include “Source of Income/Funds” as a Protected Characteristic; (6) Support for State and Local Reparations Efforts; and (7) Support Legislation that Would Require Online Short Term Rental Platforms to include a Locally Issued Permit to Complete Rental Listings. He reviewed the legislative agenda timeline with May 2-7 being the deadline for filing new bills. The end of the Short Session is unknown.  Jonathan Wainscott supported changing the hotel occupancy tax.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qe0pFf8uTEWj04Fq7_PIkC63womowgab/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2024-04-09","mt":"budget","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session pursuant to G.S. 143-318.11(a)(3)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Kilgore","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1VQHJrCoBiSjSVxSujp9fl5bf7rAT6jHG/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2024-04-09","mt":"budget","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1VQHJrCoBiSjSVxSujp9fl5bf7rAT6jHG/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":2},{"d":"2024-04-09","mt":"budget","id":"remote","ref":"","it":"motion","t":"Motion pursuant to Rule 19(d) to allow remote participation in the worksession","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1VQHJrCoBiSjSVxSujp9fl5bf7rAT6jHG/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-04-23","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of combined minutes of the March 21, 2024 agenda briefing worksession, the March 26, 2024 formal meeting, and the April 9, 2024 budget worksession","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-04-23","mt":"regular","id":"II-B","ref":"RES 24-73","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Rock Creek Grading Inc. for the FY 2023-24 Vance Gap slide repair project","desc":"Background: - The original slide occurred in April of 2021. - Public Works crews performed temporary repairs to the site, but it was determined that  more permanent repairs would be needed. - During the time taken to complete the repair design two smaller adjacent slides occurred. - The contract was advertised on January 17, 2024, and bids were opened on February  29, 2024. - The following bids were received:  Rock Creek Grading, Inc of Burnsville, NC $1,726,789.00 Cinderella Partners of Indian Trail, NC $1,979,237.22 Tennoca Construction Company of Candler, NC $2,283,417.00 NHM Constructors, Inc of Asheville, NC $2,309,645.10 B.H. Graning Landscapes of Sylva, NC $2,372,607.50 Patton Construction Group of Asheville, NC $2,851,360.00  Vendor Outreach Efforts: - Funding for this project is provided through City general fund and/or operating budgets. - As a result the outreach and engagement followed the City’s business inclusion  processes. - This process at a minimum requires staff to outreach businesses that have a documented  contracting disparity directly and/or through prime contractors. - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors along with the City of Asheville ABI database. - No companies from an identified disparity group (Black American) were found in the ten-county area. - No companies from an identified disparity group submitted a bid for the project. - One company from an identified disparity group (Hispanic) will perform as a  subcontractor for the project. That company, RV Concrete Solutions from Burnsville, NC will be removing and hauling the existing asphalt. - The contractor plans to expend 3.0% of the total dollar amount of the contract with this company. - In addition two woman-owned companies will be working on this project. Boone Geomatrix from Burnsville, NC will be installing the erosion and traffic control devices. Concrete Specialty Contractors of Shelby, NC will be pouring concrete curb and ditching. - The contractor anticipates spending 7.5% of the total contract dollar amount with these two companies.  Committee(s): - None  Pro(s): - The award of this contract will result in much needed stabilization to an approximately  350 feet long section of Vance Gap Road.  Con(s): - Construction will cause access delays to the impacted neighborhoods.  Fiscal Impact: - Funding for this project was previously budgeted and is available in the General Capital  Projects Fund. - In addition, previously budgeted contingency and savings from the annual resurfacing  project in the General Capital Projects Fund will be utilized to fully fund this contract.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-04-23","mt":"regular","id":"II-C","ref":"RES 24-74 / ORD 5067","it":"resolution","t":"Resolution accepting a grant from N.C. DEQ Division of Water Infrastructure for stormwater infrastructure, with budget amendment for stormwater asset","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-04-23","mt":"regular","id":"II-D","ref":"ORD 5068","it":"ordinance","t":"Ordinance authorizing the City of Asheville Compliance Division to demolish an abandoned single family home","desc":"Background: - The structure located at 158 S.French Broad Avenue has been determined by the Code  Compliance Division to be unfit for human habitation. - The structure has also been the subject of criminal activities, including an assault. - The structure condition presents a life safety hazard to first responders. - Contact was made with Arodorthy Wilson (responsible party for the property) on March  9th, 2023. - A Notice of Violation explaining the dwelling was found to be Unfit for Human Habitation  and posed a threat to the community was mailed by certified and regular mail on March 27th, 2023, with a note that a hearing would be held in Buncombe County on April 12, 2023. - Staff held a hearing on April 12th, 2023. Arodorthy Wilson was not present during the hearing and the Compliance Coordinator issued an Order to Demolish the dwelling based on the facts of the case. - The costs of renovating the structure would exceed 50% of the tax value of the property (current tax value $108,700). - An Order to Demolish was mailed by certified and regular mail to Arodorthy Wilson on April 12th, 2023. Delivery of the certified mail was confirmed on April 19th, 2023. The Order to Demolish included the Findings of Fact (to include photos) and provided 90 days to demolish the dwelling. - A final contact letter was mailed on July 31st, 2023 informing the property owner the City of Asheville may choose to proceed with demolition. - The Development Services Department is now requesting that the City Council approve an ordinance authorizing a demolition of this particular property and prohibiting use or occupation of the dwelling for human habitation. - As required under state statute, the Development Services Department is also planning to mail notice of the order to demolish to certain affordable housing organizations that have requested such notice and wait at least 45 days after such mailing before performing any demolition. - Staff contacted contractors and received estimates for the demolition of the structure from the following companies: - GQC Demolition & Debris L.L.C Asheville, NC - Carolina Demolition LLC, Anderson, SC - The contract amount is estimated to be under the threshold requiring City Council authorization; therefore, City Council is not being asked to authorize the demolition contract.  Vendor Outreach Efforts: - The Asheville Business Inclusion List was provided for contacting Demolition Companies. - Staff performed outreach to minority- and women-owned businesses through a  solicitation processes - Which included direct contact to 13 MWBE companies requesting a demolition  estimate. - No companies from an identified disparity group submitted a bid for the project. - Two demolition companies outside of an identified disparity group submitted  estimates for the demolition of the structure.  Committee(s): - This action was not brought to a committee  Pro(s): - Improve neighborhood safety - Reduction of debris and loitering in the area - Reduction of vandalism and crime - Improve aesthetic value of neighborhood  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Development Services Department operating budget. - A tax lien will be placed against the property and the funds will be recouped over time.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-04-23","mt":"regular","id":"II-E","ref":"RES 24-75","it":"resolution","t":"Resolution authorizing the City Manager to apply for U.S. Dept. of Energy Energy Efficiency and Conservation Block Grant funds","desc":"Background: - The Energy Efficiency and Conservation Block Grant formulates the amount of funding  available to each jurisdiction by population size. The City of Asheville is eligible for $158,820. - No match is required to access this funding. - After review of the acceptable use of funds, Council’s adopted goals, and level of staff  capacity required to apply and administer the funds, staff determined the best use of these funds is to purchase electric vehicles for the City’s fleet. - This funding will support the purchase of three electric vehicles. - Electric vehicle charging infrastructure has already been installed to support the fueling of  these vehicles. - If awarded, City staff will ask City Council to accept the grant and authorize the City  Manager to sign all of the appropriate agreements.  Vendor Outreach Efforts: - The City will not conduct any direct outreach as the intent is to purchase these electric  vehicles through the NC Sheriff’s Association Cooperative Procurement Program (NCSA). - NC Statute allows the use of Cooperative Purchasing Programs in place of competitive bidding by the entity. - NCSA conducted outreach in June 2023 through their bidding website, North American Procurement Council and The News and Observer in Raleigh.  Committee(s): - None  Pro(s): - The purchase of these vehicles will support implementation of the Municipal Climate Action Plan, specifically high impact activity # 12 “Utilize Green Fleet Policy for Fleet Electrification”  Con(s): - None  Fiscal Impact:: - If awarded, this grant will offset the cost of future electric vehicle purchases in the  General Capital Projects Fund. - Matching funds are not required for this grant.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-04-23","mt":"regular","id":"II-F","ref":"RES 24-76","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Leica Geosystems Inc. for renewal plus two additional years","desc":"Background: - The Asheville Police Department (APD) entered into a contractual agreement with Leica  Geosystems, Inc. on 06/01/2022 to purchase the Leica RTC 360 Laser Scanner, including renewable annual maintenance, support, and continued subscriptions. - APD’s Forensic Unit expects to use the device for 5-7 years depending on continued advancements in technology and ongoing support for the product by the vendor. - The current contract expires 05/31/2025. Extending the option to renew the current contract an additional two years, through 05/31/2027, allows contracted coverage and subscription renewals for the minimum life expectancy of the product. - In the first few years of use, the equipment was utilized as follows: - 2022 - 8 scans; 4 motor vehicle accidents, 4 other (homicide, death, gunshot  wound/assault) - 2023 - 19 scans;15 motor vehicle accidents, 4 other (homicide, death, gunshot  wound/assault) - 2024 - 2 scans so far; both motor vehicle accidents  Vendor Outreach Efforts: - A formal bid process was conducted by the City’s Purchasing Department in April 2022  for the original purchase of the product. The winning bidder was not an MWBE.  Committee(s): - Environment & Safety Committee on 03/26/2024 - voted unanimously to move to City  Council  Pro(s): - Improves efficiency and productivity in the field and in the office - Captures accurate and reliable 3D representations of scenes - An extended contract period allows for continued use of an already purchased item  through its minimum life expectancy.  Con(s): - Continued annual cost of contracting  Fiscal Impact: - Funding for the current year of this contract ($16,000) is available in the Asheville Police  Department operating budget. Future years will be planned during the annual budget development process. - The total contract amount over a six-year period will be approximately $135,000.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-04-23","mt":"regular","id":"II-G","ref":"RES 24-77 / ORD 5069","it":"resolution","t":"Resolution accepting the U.S. Dept. of Justice 2023 Edward Byrne Justice Assistance Grant, with budget amendment","desc":"","c":"Budget & Finance","mo":"individual","mv":"Mosley","sec":"Turner","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2024-04-23","mt":"regular","id":"II-H","ref":"RES 24-78 / ORD 5070","it":"resolution","t":"Resolution accepting the 2023 Bulletproof Vest Partnership Grant from the U.S. Dept. of Justice, with budget amendment","desc":"","c":"Budget & Finance","mo":"individual","mv":"Mosley","sec":"Turner","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":1,"mr":"contested vote","sq":18},{"d":"2024-04-23","mt":"regular","id":"II-I","ref":"RES 24-79","it":"resolution","t":"Resolution authorizing City staff to apply for the 2024 COPS LEMHWA Grant from the U.S. Dept. of Justice","desc":"Background: - The City of Asheville receives an annual opportunity to apply for the Office of Community  Oriented Police Services (COPS), U.S. Dept. of Justice Law Enforcement and Mental Health and Wellness Act (LEMHWA) Grant - On April 12, 2022, Asheville City Council approved Resolution 22-65 authorizing the Asheville Police Department (APD) to apply for and accept this award for the first time for up to $175,000 to fund a Wellness Coordinator Position within the department. - On October 13, 2022, APD was notified of the grant award of the full $175,000. - APD hired the current Wellness Coordinator April 2023. - The initial grant project period runs from 9/1/2022 through 8/31/2024.  Vendor Outreach Efforts: - Not applicable; Federally funded grant opportunity  Committee(s): - Environment & Safety Committee on 03/26/2024 - voted unanimously to move to City  Council  Pro(s): - Physically and mentally fit officers are able to: - demonstrate better de-escalation skills, - have lower rates of worker’s compensation claims, - build community relations more effectively, - have lower suicide rates, have better decision-making skills, and - exhibit more positive behaviors. - A successful employee total wellness program for police employees must include a continuum of physical wellness strategies beginning at the hiring process and continuing through retirement.  Con(s): - If the grant is not renewed, maintaining the position after the grant funding is exhausted  will require City funding.  Fiscal Impact: - Matching funds are not required for this grant.","c":"Public Safety","mo":"individual","mv":"Mosley","sec":"Turner","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":1,"mr":"contested vote","sq":19},{"d":"2024-04-23","mt":"regular","id":"II-J","ref":"RES 24-80","it":"resolution","t":"Resolution authorizing City staff to apply for grant funds from the Office of National Drug Control Policy for the 2025 HIDTA Grant","desc":"Background: - The purpose of the HIDTA program is to reduce drug trafficking and especially production  in the United States, specifically in areas where drug-related activities are having a significant harmful impact. - This unit does not focus on, or adopt cases, that are for simple possession, but focuses only on cases that deal in trafficking, manufacturing, and distribution of illegal drugs. - The Asheville Police Department acts only as the fiduciary for the grant. - When expenses are incurred, the fiduciary settles the claims using appropriated City of  Asheville funds and then requests a 100% reimbursement from the federal government. - The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville  Police Department. - The Asheville HIDTA is comprised of members of the United States Drug Enforcement  Administration, one officer from the Asheville Police Department, and various individuals from the Sheriff Offices of several Western North Carolina Counties. - A United States Drug Enforcement Administration supervisor, who is the Asheville HIDTA manager, determines how grant funds will be expended. - All members of the Asheville HIDTA receive reimbursement when they incur qualified expenses conducting Asheville HIDTA business. - The Office of National Drug Control Policy has determined that the City of Asheville is eligible to manage this grant totaling $154,638.00. - Grant funds are used for overtime, travel, services and supplies. - All expenses are tracked and audited by local and federal authorities.  Vendor Outreach Efforts: - None. Funding for this grant is provided by the Office of National Drug Control Policy  (ONDCP).  Committee(s): - Environment & Safety Committee on 03/26/2024 - voted unanimously to move to City  Council  Pro(s): - Fosters partnerships with federal and local law enforcement agencies.  Con(s): - None  Fiscal Impact: - Matching funds are not required for this grant.","c":"Public Safety","mo":"individual","mv":"Mosley","sec":"Turner","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":1,"mr":"contested vote","sq":20},{"d":"2024-04-23","mt":"regular","id":"II-K","ref":"RES 24-81","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to a contract with Pepsi Cola Bottling Company of Hickory, NC, at Harrah's Cherokee Center","desc":"Background: - After a competitive bid process, in December 2020 staff executed a six year sponsorship  agreement with Pepsi Bottling Company of Hickory NC. - Pepsi provides equipment for the HCCA at an in kind value of $119,500, in kind  marketing & product support and up to $10,000 in cash annually. - Pepsi provides fair product purchase rates, with locked in maximum increases for the  duration of the contract. - In exchange the HCCA exclusively sells Pepsi products at concession stands within the  facility. This includes carbonated beverages, water and sport drinks. The original product purchase for resale budget was approved as not to exceed $80,000 annually. - Post-COVID event volumes and concession sales have increased significantly. - The amended contract will increase the annual product purchase for resale budget not to  exceed $120,000 and will increase the contract maximum from $480,000 to $600,000. - Average profit margin on Pepsi products sold at the HCCA is 76%.  Committee(s): - None  Pro(s): - Guaranteed purchase rates for the HCCA Food & Beverage department - Pepsi is a North Carolina based company  Con(s): - None.  Fiscal Impact: - Funding (not to exceed $120,000 annually) is available in the HCCA operating budget. - Purchases through this contract are offset by product sales and will generate additional  revenue.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-04-23","mt":"regular","id":"II-L","ref":"ORD 5071","it":"ordinance","t":"Budget amendment to the Harrah's Cherokee Center - Asheville operating fund to reflect updated FY 2023-24 revenue and expenditure","desc":"Background: - Although the Thomas Wolfe Auditorium has not been available for event bookings for  nearly 9 months of the fiscal year, events hosted in the ExploreAsheville.com Arena, and other ancillary spaces within the facility have increased and performed stronger than budgeted. - HCCA Revenues are expected to total $200,000 more than budgeted. - HCCA Expenses are expected to potentially total $85,000 more than budgeted. - Concessions, ticketing and other show related revenues will cover all additional  expenses; therefore, no additional transfer from the General Fund is required at this time. - HCCA has 52 event dates booked in the last quarter of the fiscal year.  Committee(s): - None  Pro(s): - Provides sufficient budget authorization for anticipated expenditures in the HCCA Fund  without increasing the General Fund transfer.  Con(s): - None  Fiscal Impact: - This budget amendment is funded with HCCA operating revenues that are expected to  exceed original budget estimates. Therefore, there is no expected impact to the City’s General Fund budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-04-23","mt":"regular","id":"II-M","ref":"ORD 5072","it":"ordinance","t":"Ordinance amending Article III, Chapter 2 and Article II, Chapter 11 of the Asheville Code of Ordinances regarding advising","desc":"Background: - The Asheville Area Civic Center Commission was established by City Ordinance No.  1975 on July 16, 1992, to serve the Asheville City Council and the community at large regarding the growth and development of the Asheville Civic Center and the Thomas Wolfe Auditorium. - Since its inception, the Commission’s powers and duties have been mainly related to the operational, programmatic, and promotional needs of the City-owned Civic Center. - However, the Commission has also had the stated general power and duty “to encourage the promotion of sports, recreation, entertainment, and cultural events and activities, and to facilitate the use of the services and facilities of the civic center.” - A restructuring of City of Asheville departments and programs enacted in January 2022, resulted in the creation of the Department of Community and Regional Entertainment Facilities (herein “Department”), of which the Civic Center is now a part. - In addition to the Civic Center, other city-owned facilities/programs included in the new Department are the WNC Nature Center, Municipal Golf Course, McCormick Field, Aston Park Tennis Center, JB Lewis Soccer Fields, and outdoor special events. The new Department was placed under the leadership of the General Manager of the Civic Center. - At its meetings on April 4, May 2, June 6, August 1, and November 7, 2023, and January 9, 2024, the Commission discussed the Department and noted that sports, recreation and entertainment, and cultural events similar to those that occur in the Civic Center, occur in the other facilities within the new Department and noted other commonalities within the various components of the new Department including hosting events for which admission is charged to the general public, offering concessions and merchandise for sale, marketing their programs to the general public, and offering businesses and other organizations sponsorship opportunities. - It is recognized that most of the programs/facilities within the Department have an existing affiliated organization working with them to operate the program/facility or to raise funds for a specific program/facility, however, no City board or commission is reviewing or advising on the operation of the overall Department’s facilities operations and programs. - Since many components of the new Department relate so closely to the Commission’s role and interest in encouraging the promotion of sports, recreation, entertainment, and cultural events and activities to use the services and facilities like the Civic Center, the Commission believes that it would be useful and appropriate to expand its purview to serve as an advisory council to the Department of Community and Regional  Entertainment Facilities on any matter that the General Manager of the Civic Center deems necessary and to change its name to reflect this updated role. - At its meeting on January 9, 2024, the Asheville Civic Center Commission voted unanimously to recommend approval of these amendments to the Civic Center Commission ordinance.  Committee(s): - Civic Center Commission –January 9, 2024- voted unanimously to request City Council  approval to amend the civic center commission ordinance as described herein. - Boards & Commissions Committee - March 12, 2024 - voted unanimously (2-0) to move  forward to City Council.  Pro(s): - Updates the ordinance to be more in line with the Community & Regional Entertainment  Facilities department after the change to departmental structure in January 2022  Con(s): - None.  Fiscal Impact: - This action requires no additional City resources and has no fiscal impact.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-04-23","mt":"regular","id":"II-N","ref":"RES 24-82","it":"resolution","t":"Resolution authorizing the City Manager to enter into a five-year MOU with the Friends of the Western North Carolina Nature Center","desc":"Background: - For the past 20 years, the Friends of the WNC Nature Center, a 501 c 3 not-for-profit  fundraising organization, has supported the work of the WNC Nature Center through cash donations, marketing and promotional activities, special events and membership. - Since the Center embarked on its current Master Plan in 2010, the Friends have committed over $5 million in capital funding. - These dollars have been used in the construction of the upgraded red wolf exhibit/arachnid adventure playground, the new front entrance and welcome plaza and the addition of the red panda exhibit to name only a few. - The Friends have pledged to commit at least $100,000 per year to continue to fund Nature Center enhancements and programs. - Additionally, a portion of the Friends' restricted cash donation each year will be used to foster Diversity Equity and Inclusion at the Nature Center through initiatives and programs that strengthen existing partnerships between the Nature Center and local programs/organizations that currently reach audiences from marginalized communities. - We will focus on building relationships to enhance existing networks of people, programs, and partnerships in Western North Carolina working to advance equity and inclusion, especially as it relates to outdoor education and the environment, across the Western NC region and particularly within Asheville's communities.  Pro(s): - Continue the strong relationship between the City of Asheville’s Western North Carolina  Nature Center and the Friends of the WNC Nature Center. - $100,000 cash contribution each year to fund capital and program enhancements at the  Nature Center  Con(s): - None.  Fiscal Impact: - If approved, the MOU will provide $100,000 annually for use at the Nature Center to  improve and update facilities and expand Diversity, Equity, and Inclusion programming.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-04-23","mt":"regular","id":"II-O","ref":"ORD 5073","it":"ordinance","t":"Budget amendment for capital improvements at the Asheville Municipal Golf Course","desc":"Background: - Beginning in January 2023, the Asheville Municipal Golf Course began a $2.9 Million  restoration project. - The project involves replacing stormwater lines on (5) holes and the parking lot, collecting  and directing stormwater from the surrounding neighborhood and the golf course to the Swannanoa river. - In addition to stormwater repairs the project is restoring, to the Donald Ross original design, all bunkers (sand traps), tee box complexes and greens. - Sod upgrades to fairways, cart path repairs and clubhouse improvements are also included in the project. - As part of the new management agreement for course operations a $1 facility management fee per round was instituted to help fund recurring capital expenditures. In the first two quarters of FY 2024, $26,000 has been collected. - Currently the contractor is in the process of restoring bunkers, The original budget for bunkers would allow 75% of bunkers to be restored. - In February 2024, the course was awarded a second $30,000 grant from the Donald Ross Society Foundation. The grant did not require a match from the City. The grant is specifically to allow the course to complete the remaining 25% of bunker restoration. - Facility management fee and grant revenue was not previously budgeted to be included in the current capital project. - A budget amendment is requested for approval to spend these collected funds in the current fiscal year in order to save mobilization fees from the contractor. The contractor has advised their crew to stay on site to complete the bunker work during the current mobilization period.  Committee(s): - None  Pro(s): - Provides sufficient budget authorization for anticipated capital expenditures without  requiring additional General Fund financial support for the project. - Savings are created through economies of scale and elimination of the need for  remobilization.  Con(s): - None  Fiscal Impact: - Funding for this project was previously budgeted and is available in the Capital Projects  Fund. - Additional funding for this project, available from Golf Course Facility Management fees  ($26,000) and the Donald Ross Society Foundation donation ($30,000) will allow for more work to be completed by the current contractor at a lower overall cost.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-04-23","mt":"regular","id":"II-P","ref":"RES 24-83","it":"resolution","t":"Resolution authorizing the City Manager to execute an interlocal joinder agreement to join the North Carolina CLASS Investment Pool","desc":"Background: - The City of Asheville is authorized to enter into interlocal agreements pursuant to N.C.  Gen. Stat. § 160A-461. - North Carolina General Statute §159-30 outlines the approved investment options for  local governments for its funds. - Local governments typically invest their funds in State-approved investment vehicles, but  there is a need to keep a large amount of cash liquid to fund on-going operation. - Historically, options for investing idle cash and keeping it liquid were limited to either the  City’s main bank or the North Carolina Capital Management Trust (NCCMT). - Due to interest rate volatility over the past few years, Finance staff have identified the need for more investment options to allow diversification of investments of city funds. - Local Government Investment Pools (LGIPs) are allowed by North Carolina State Statute to be formed by two or more participating local government units according to specific guidelines. - Finance staff have identified the North Carolina Cooperative Liquid Assets Securities System Investment Pool (“NC Class”) as another LGIP option to increase diversification and flexibility of investment of its funds. - The NC CLASS investment pool was formally established on April 12, 2023 by interlocal agreement in compliance with North Carolina general statutes. NC CLASS prioritizes safety, liquidity, and competitive returns on investments, balanced with legal compliance, convenience, and flexibility. - Participation in NC CLASS does not prevent a local government from joining one or multiple other local government investment pools. - Current investment pool participants are listed below; the investment pool anticipates several new members joining early in 2024.  Counties: Harnett, Gaston, Mecklenburg, Richmond, Lincoln, Buncombe Municipalities: Hickory, New Bern, Holden Beach, Knightdale, Rocky Mount, Hope Mills, Bald Head Island Authorities and special districts: County of Harnett District H Tourism Authority, Roanoke Rapids Sanitary District  Vendor Outreach Efforts: - No competitive bid process was conducted  Council Goal: - Financially Resilient City  Committee:: - No prior Committee approval.  Pro: - Joining the North Carolina CLASS investment Pool will give the City increased options  and additional flexibility for the investment of its funds.  Con(s): - None  Fiscal Impact: - As noted above, joining the North Carolina CLASS investment Pool will give the City  increased options for the investment of cash which may have a small positive impact on investment earnings revenue.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-04-23","mt":"regular","id":"II-Q","ref":"RES 24-84","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Sitework Studios for Nasty Branch Greenway construction drawings","desc":"Background: - The Nasty Branch Greenway is a planned ¾-mile-long greenway that starts at the Grant  Southside Center on Depot Street and Livingston Street and terminates at Phifer Street near the McDowell and Southside intersection. - To-date, the City has contracted with Siteworks Studios totaling $577,000 for project design. - The original contract also included the design of the Clingman Greenway; this work has been completed allowing both projects to be bid as part of the River Arts District project. - The project was not completed with the River Arts District project due to lack of funding. - Additional funds were requested and granted through the Metropolitan Planning  Organization (MPO) funding process. - Authorization to accept the MPO grant for $3.4 million was finalized in March of 2019. - The new source of funding required a new project review through the NCDOT process. - Additional review and changes to the stormwater systems associated with the project  have also been required. - Due to the length of this project, several members of the original design team are no  longer with the company. - In order to have the necessary revisions made and to have the plan set sealed for  bidding, the requested contract amendment is necessary. - The additional project scope with Siteworks Studios includes design work to comply with  NCDOT funding requirements consisting of: - Drawing and specification updates - Permitting assistance for State and Federal environmental permits - Bidding assistance - This design and engineering work is expected to begin spring 2024 with the project being ready to bid for construction in late summer 2024.  Vendor Outreach Efforts: - This is an amendment to an existing professional services contract.  Committee(s): - N/A  Pro(s): - This project provides an important East / West connection in the overall greenway  network - The alignment goes through the Southside Community, providing additional  transportation investments and recreational opportunities for Southside residents - This greenway will honor the history of the Southside neighborhood with Interpretive  signage  Con(s): - Construction activity will occur in two parks limiting active park space during construction  Fiscal Impact: - Previously budgeted contingency in the General Capital Projects Fund will be utilized to  fund this contract amendment.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-04-23","mt":"regular","id":"II-R","ref":"RES 24-85","it":"resolution","t":"Resolution authorizing the City Manager to enter into a lease agreement with Pack Square Property, LLC","desc":"Background: - The Municipal Building is the headquarters for the Asheville Police Department (APD),  the Asheville Fire Department (AFD), and is the home of Fire Station 1. - The Municipal Building Capital Repairs and Restoration Project starting later this fall, will  involve the demolition and reconstruction of the elevated slab in Fire Station 1. - The AFD administrative offices and the shared fitness center will need to relocate during  construction. - A functionally feasible space within the City’s current space inventory was not available,  so staff utilized the services of Dewey Property Advisors to search for commercial office space. - Leasing space at the Jackson Building Complex was determined to best fit AFD’s needs. - The Jackson Building Complex is located directly across Market Street from the  Municipal building. - Due to the close proximity, AFD will be able to maintain their current parking  adjacent to the Municipal Building. - The office space is mostly move-in ready and will only need a light upfit. - The shared fitness center space is being offered rent-free for two years. Shower  facilities and some interior renovation are required. These improvements will come at the expense of the City. - The recently completed Facility Master Plan includes plans for a new AFD headquarters. AFD will maintain their location in the Jackson Building while planning on the new headquarters is underway. - Lease terms for the office space: - Size: 11,415 square feet. - Lease Term: five years, with an option for an additional three years. - Lease Rate: $23 per square foot per year, escalated 2% per year. - Full Service: lease rate includes electric, gas and water utilities; property expenses and building services. - Lease terms for the fitness space: - Size: 3,000 square feet - Lease Term: two years, with an option for an additional two years. - Lease Rate: $0 for the initial two year term. - Full Service: lease rate includes electric, gas and water utilities; property  expenses and building services.  Vendor Outreach Efforts: - Not applicable  Committee(s): - None  Pro(s): - This lease agreement will allow for planned structural repairs to proceed at the Municipal  Building. - The close proximity of the Jackson Building Complex to the Municipal Building will  minimize operational impacts to the Department and inconvenience to the Public. - The space fulfills the space requirements and needs of the Asheville Fire Department. - This agreement will provide an interim space for AFD Administration while planning for a  new headquarters is in process.  Con(s): - The lease will add additional costs to the operational budget in future fiscal years. - The construction project will cause an impact to existing operations for fire and police  headquarters, and Fire Station 1.  Fiscal Impact: - Funding for the first two years of this lease ($530,341 total) and additional project costs  for upfit, IT/security systems and relocation expenses ($850,000) was previously budgeted and is available in the General Capital Projects Fund. - The remaining lease term (approximately $279,000 annually for years three through five) will be funded through the Asheville Fire Department’s operating budget starting in FY 2026-27.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-04-23","mt":"regular","id":"II-S","ref":"RES 24-86","it":"resolution","t":"Resolution ratifying a change order with Chonzie Inc. in relation to the Vance Monument removal","desc":"Background: - In June of 2020, the Asheville City Council and Buncombe County Board of  Commissioners jointly passed a resolution that established a community taskforce to recommend action related to the potential removal or re-purposing of the Vance Monument. - Following a multi-week, community-led process of historical education, public input, and engagement, the taskforce voted to recommend removal of the monument and the City Council and Board of County Commissioners then voted in December of 2020 for the City Manager and County Manager to identify next steps. - Bids for the demolition and removal of the Vance Monument were advertised January 7, 2021 and opened on January 28, 2021. - The lowest responsive and responsible bidder, Chonzie, Inc. of Asheville, North Carolina was awarded the demolition contract with Council Resolution 21-64 in March 2021. - In June 2021, the project was paused in compliance with Orders of the North Carolina Court of Appeals and Supreme Court pending litigation. - The Supreme Court ultimately ruled in the City’s favor, and the order staying removal has been lifted. - The contractor will have to remobilize their equipment and crews a second time, and procure sufficient traffic control measures, resulting in a need to increase the total value of their contract. - Upon removing the material, it will be the contractor’s responsibility to dispose of the material. - Additionally, the material is to be altered in some way that would make it impossible for the monument to be reassembled from the original material. - The additional cost associated with the court mandated stop work order is $99,401.42 and includes an additional remobilization, storage fees, and adjustments to rental and labor costs. - The work is anticipated to be completed by the end of July 2024. After the remaining portion of the monument base is removed, staff will work with a minority-owned local landscape contractor to make landscaping improvements to the site.  Vendor Outreach Efforts: - In the original bid solicitation, staff performed outreach to minority-and women-owned  businesses through solicitation processes, which included posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority- & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - In addition, staff was able to break up the scope of work into multiple parts. One contract would address the monument demolition and removal. Separate from the Vance Monument removal contract, a temporary site restoration and landscape installation would be planned for the site where the Vance Monument stands. - Outreach for separate site restoration work was performed following the Asheville Business Inclusion policy. A separate contract for site restoration would be awarded to MS Lean Landscaping, LLC. - The City followed standard practice for selecting contractors and MS Lean Landscaping was the lowest responsive responsible bidder. MS Lean Landscaping is an Asheville African American-owned Business.  Committee(s): - Vance Monument Task Force, 11/19/20 voted to recommend removal of the monument.  Pro(s): - This change order will allow the completion of the monument removal that was begun in  March 2021.  Con(s): - All of the added costs of this change order are attributable to the legal complaint and  associated court orders.  Fiscal Impact: - Funding for this project was previously budgeted and is available in the General Capital  Projects Fund. - Previously budgeted contingency in the General Capital Projects Fund will be utilized to  partially fund this contract amendment.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2024-04-23","mt":"regular","id":"II-T","ref":"RES 24-87 / ORD 5074","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with J Bartholomew Construction for the WNC Nature Center, with budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2024-04-23","mt":"regular","id":"II-U","ref":"RES 24-88","it":"resolution","t":"Resolution authorizing the City Manager to apply to the Federal Transit Administration Grants for Buses and Bus Facilities Competitive Program","desc":"Background: - The Federal Transit Administration (FTA) issued a competitive grant opportunity under  the Buses and Bus Facilities Competitive Program (49 U.S.C. 5339(b)) in February. - This initiative awards grants through a competitive application process for the purpose of  funding replacement, rehabilitation, and acquisition of buses and related equipment, as well as for the construction of bus-related facilities. - The application deadline is April 25, 2024. - Staff proposes to submit a grant application not to exceed $11,299,185, which would  include the purchase of fifteen (15) biodiesel buses, that would be purchased and budgeted over a period of three to four years, and that would include all of the required transit technology and equipment for each bus, as well as the purchase of 31 new fareboxes for existing buses that are currently using obsolete farebox equipment (Odyssey Fareboxes) and software. - The required local match for the request is 20%, or $2,259,837, which would be budgeted over several fiscal years, starting in FY 2025. The FY 2025 amount that would be budgeted if awarded, would be approximately $1,100,000. - The ART transit system has a fleet of 35 buses, of which nearly 50% (17 buses) have surpassed their typical useful life of 12 years and/or 500,000 miles. - The continued use of these aged buses has led to inconsistencies in service and elevated maintenance expenses, as significant component replacements become increasingly necessary. - The City's strategy to maintain the fleet in a state of good repair by acquiring 4-5 new buses annually has been compromised due to escalating costs and constrained funding. - The purchase of new fareboxes is intended to replace the existing fareboxes that are no longer manufactured and the City is no longer able to purchase replacement parts. - If awarded, the City would be able to upgrade all fareboxes and the associated administrative software and transit garage equipment, as well as provide opportunities to improve the fare payment process including mobile fare payment options that would be available to riders. - If awarded, City staff would return to City Council to accept the grant, authorize the City Manager to sign all of the appropriate agreements, and approve a budget amendment to include the funds in the Capital Fund budget for FY 2025 and beyond.  Vendor Outreach Efforts: - N/A. This request is for approval to apply for FTA Buses and Bus Facilities grant program  funding. If awarded, funding for this project is provided by the Federal Transit Administration.  Committee(s): - None  Pro(s): - If awarded, the grant would allow the City to leverage significant federal funds to support the purchase and replacement of a minimum of 15 buses in the existing ART fleet that are beyond their useful life, thereby improving customer service by reducing breakdowns, improving fuel efficiency, and reducing maintenance costs for the City, and returning the overall fleet to a state of good repair. - If awarded, the grant would allow the City to replace all of the obsolete fareboxes in the ART system and upgrade the associated administrative software and garage equipment. - The new fareboxes would also provide the City with future opportunities to implement mobile payment options for riders.  Con(s): - The City would be responsible for the local match of 20%, which would not exceed  $2,259,837, which would be budgeted over several Fiscal Years, starting in FY 2025.  Fiscal Impact: - If awarded, the Federal Transit Administration provides 80% of the project cost, with the  City of Asheville providing 20% of the remaining amount. The total grant request would not exceed $11,299,185 ($9,039,348 Federal and $2,259,837 local). - Staff would anticipate spreading the bus and farebox purchases over three to four years, therefore the required matching funds would be budgeted over the same time period. - The FY 2025 amount that would be budgeted if awarded, would be approximately $1,100,000.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2024-04-23","mt":"regular","id":"V-A","ref":"","it":"public_hearing","t":"Public hearing on UDO amendment for cottage development standards - continued to September 10, 2024","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"continuance","sq":23},{"d":"2024-04-23","mt":"regular","id":"V-B","ref":"","it":"public_hearing","t":"Public hearing on UDO amendment for flag lot standards - continued to September 10, 2024","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"continuance","sq":24},{"d":"2024-04-23","mt":"regular","id":"V-C","ref":"","it":"public_hearing","t":"Public hearing on conditional zoning of 767 New Haw Creek Road - continued to June 11, 2024","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":0,"mr":"continuance","sq":25},{"d":"2024-04-23","mt":"regular","id":"VI-A","ref":"RES 23-89","it":"resolution","t":"Resolution allocating Housing Trust Fund allocations","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a resolution to allocate six (6) HTF applications, $9,065,366, in total requests; and adoption of a resolution to approve five (5) applications for total HTF loan amount award of $4,660,622.  Background: - The HTF currently has $4.5 million available for loan commitments. Additionally, there is a  planned allocation from the General Fund of $500,000 in the FY 2025 budget to the HTF, bringing the total available allocation to $4.9 million. - The City opened an application process for the HTF on December 15, 2023, and applications were due on January 31, 2024. - Seven applications were received for this funding round; one withdrew their application. - The total funding request from the six eligible applications was $9,065,366. - Staff had assistance from Training Development Associates (dba TDA Inc.), a consulting firm with  expertise in affordable housing finance, with application analysis. - Depending on the City Council’s final decision on April 23rd, all remaining HTF funds could be  fully allocated. - In April 2023, Council directed staff to work with Reasonable Development on the Oak Hill  property. - Staff has made progress on this project, and is now in a negotiation process with the developer.  Review: - Three multifamily rental developments (Star Point Apartments, Roers Affordable and Overlook  157) are being proposed. Of those projects, two are utilizing Low Income HousingTax Credit (LIHTC) project syndication equity with Star Point being a 9% tax credit project and Roers Affordable, a 4% project. - There are two projects for Down Payment Assistance (DPA) being proposed (Mountain Housing and Habitat for Humanity). - The remaining project is a new non-profit building auxiliary dwelling units for people in need of supportive housing and at risk of experiencing homelessness.  Name # units  HTF request TDC* HTF % of TDC*  Type of Project Targeted % of Area Median Income (AMI)  Star Point Apts 60 $ 1,500,000 $16,085,116 9.33% Rental 30-60% AMI Avg  Roers Affordable 126 $3,879,366 $45,615,156 8.50% Rental 60%  Overlook 157 72 $ 2,000,000 $41,439,728 4.83% Rental 80% AMI  Hospitality Houses 2 $ 40,000 $40,000 100.00% Rental <60% AMI  MHO DPA 25 $1,500,000 $2,316,000 64.77% Homeownership 80% AMI  Habitat DPA 4 $146,000 $1,460,000 10.00% Homeownership 60% AMI  Total 289 $9,065,366 $106,956,000 Total Development Costs  (1) STAR POINT APARTMENTS 16 Restaurant Court, East Asheville  Background - Star Point Apartments is a Low Income Housing Tax Credit project that was awarded 9% tax  credits in 2023. - The project will have 60 units and serve households at 30%, 50%, and 60% of Area Median  Income (AMI). - The development will include 14 efficiency units, 35 one-bedroom, and 11 two-bedroom units. - The Housing Trust Fund has previously funded this project for land acquisition in 2022 for  $850,000. - The City Council approved this project as a Conditional Zoning on April 25, 2023.  Proposal - Mountain Housing Opportunities has requested $1,500,000 in HTF financing. - MHO also applied to Buncombe County for the same amount and has stated that it needs a total  of $1,500,000 from both entities (can be a combination of lower amounts from each). - The request is for a 40-year loan, 0% interest with the principal due at maturity. - The project will be affordable for 40 years. - Staff has worked with County staff on an alternate proposal described below under Staff  Recommendation.  Starpoint Apartments 60 Units  HTF Request $1,500,000  HTF Request per unit $25,000  HTF Request as % of per unit cost 9.33% $1,500,000 request  HTF Request as % of per unit cost 14.61% Both FY24 and FY 25 requests  Funding Sources % of TDC  First Citizens Permanent 1,654,304 10.28%  NCHFA RPP 1,200,000 7.46%  Asheville HTF FY25 1,500,000 9.33%  Asheville HTF FY24 850,000 5.28%  Buncombe County AHSP (grant) 500,000 3.11%  LIHTC Equity (9%) 10,380,812 64.54%  TDC 16,085,116 100.00%  TDC - Total Development Cost TDC per Unit $268,085  Housing Trust Fund Policy Compliance - As long as the City’s total contribution is less than $1.6 million (under the 10% cap), the proposal conforms to the Housing Trust Fund policy. - The project targets those at or below 60% AMI, which is an important goal of the Housing Trust Fund.  Pro(s): - This funding will support the construction of 60 new affordable apartments for families including  youth coming out of foster care. - The affordability period will be 40 years. - This redevelopment aligns with the City of Asheville’s Consolidated Plan goals of prioritizing  rental housing affordable to 60% AMI and below. - The project will supply a large number of needed one-bedroom units. - Mountain Housing will be pursuing the Foster Youth to Independence (FYI) vouchers for 12 units.  This is a population that is very vulnerable coming out of foster care and prone to homelessness. - The development is located adjacent to a corridor with access to transit and services.  Con(s): - The 40-year loan term requested is quite lengthy and repayment would not occur until 2064.  Staff Recommendation: - Staff has worked with Buncombe County staff to share funding of the gap in financing. - The County is now able to make projects tax exempt which would theoretically enable MHO to  have a larger permanent loan and reduce the funding gap down from $1,500,000. - Both City and County staff are asking MHO to defer a part of their developer fee, further reducing  the gap in funding needed. - The following recommendation is based on MHO deferring 21% of their developer fee, which is  well below the North Carolina Housing Finance Agency (NCHFA) limit for deferred fees. - With these adjustments, staff recommends approval of the loan of $252,838 with a 40-year  maturity; payments deferred; the City will be in third lien position; with the full loan amount due at maturity. - If both the City and County approve, each local government would contribute $1,102,838 to Star Point Apartments.  STAFF RECOMMENDATION - Star Point Apartments  Funding Source Amount Notes  LIHTC $10,380,812 RPP $1,200,000 Permanent Loan $2,045,792 Deferred Developer Fee $252,838 This amount equals a 21% deferred developer fee  Previous COA Award $850,000  Previous County Award $500,000 Proposed Additional County Award $602,838 This amount is equal to $350,000 plus $252,838.  Proposed Additional City Award $252,838  Total $16,085,118 - MHO has stated that they are not able to lock in a larger permanent loan at this time, and it will not be clear until construction is finished what the final loan amount will be. - They have requested that the City and County contribute $195,744 more each to close their calculated remaining gap of $391,488. - There are sufficient funds in the Housing Trust Fund to accommodate this request if Council approves it.  (2) ROERS AFFORDABLE Pine Lane, Southwest Asheville  Background - Roers Companies, a Minnesota-based multifamily housing developer, is seeking funding for  Roers Asheville Affordable (Pine Lane) a new construction, 126-unit family development comprised of four (4) three/four-story buildings and a (1) one-story clubhouse. - All 126 units will be affordable to families at or below 60% AMI. - The project will have 14 one-bedroom, 28 two-bedroom, 63 three-bedroom, and 21 four-bedroom  apartments. - The project site is approximately 10 acres in size and is located east of Interstate 26 near the  intersection of Pine Lane and Brevard Road in Asheville. - The developer will pursue Conditional Zoning approval for the site.  Proposal - Roers Companies has requested a $3,879,366, interest-only loan with a 30-year loan term, at 2%  interest rate. - The project has also requested $8,619,031 in funding from Buncombe County. - In order to make the project work, the developer has requested for the payments to be made from  cash flow versus a straight interest rate calculation. This practice is common in affordable housing finance.  Roers Affordable 126 Units  HTF Request $3,879,366  HTF Request per unit $30,789  HTF Request as % of per unit cost  % of TDC  LIHTC (4%) $ 16,765,626 36.75%  Buncombe County $ 8,619,031 18.90%  Loan - Unspecified $ 14,460,000 31.70%  Asheville HTF FY25 $ 3,879,366 8.50%  Deferred Developer Fee $ 1,891,133 4.15%  TDC 45,615,156 100.00%  TDC - Total Development Cost TDC per Unit $362,025  Housing Trust Fund Policy Compliance - Project complies with the Housing Trust Fund policy and meets underwriting metrics. - The total request of $3.88 million equals 8.5% of the total development cost, under the 10% cap. - The per unit subsidy is reasonable given current construction costs. - Under the HTF policy, the City could fund this project up to 10% of the cost per unit, which would  be $4.56 million. - The current HTF policy does not address payments made from cash flow, but staff agrees that  this is important to making this project work.  Pro(s): - This funding will support the construction of 126 affordable apartments for families, all at or below  60% AMI for 30 years. - The subsidy per unit in this request is $30,488 per unit. - This development aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental  housing affordable to 60% AMI and below. - The development will produce 63 three-bedroom and 21 four-bedroom units which are less  prevalent in the marketplace. - The project is substantially leveraging private capital for permanent financing. - The development is located in a corridor with access to transit. - The project’s developer is very experienced with successful projects all over the country. - Low Income Housing Tax Credits enable the City’s funds to go further than a project financed with  only private equity.  Con(s): - The total requested, $3.88 Million is a substantial amount of the City’s available HTF funding for  the year.  Staff Recommendation: City staff is recommending fully funding this request with a $3,879,366 loan with a 2 percent interest rate with payments being made from cash flow. The term would be 30 years, and the City would be in a third lien position.  (3) OVERLOOK 157 157 New Leicester Highway, West Asheville  Background - Cohen Esrey Development Group, a Kansas-based multifamily housing developer, is seeking  $2M in HTF funding for Overlook 157, a new construction, 141-unit family development comprised of one (1) five-story, mid-rise building. - The project is comprised of 73 one-bedroom and 68 two-bedroom apartment units. - Located on New Leicester Highway in West Asheville, the project is designed as a mixed-income  development with 51% of the units (72 units) designated for tenants earning less than 80% AMI. The remaining 69 units would be “market rate” with no tenant income or rent restrictions. - This project received a Land Use Incentive Grant up to the amount of $1,688,299 in February 2023.  Proposal - A 3-year construction loan in the amount of $2 million for the development of 72 affordable 1 and  2-bedroom units. - Interest rate only loan and 2% interest rate. - The affordability period as proposed is 8 years.  Overlook 157 72 Units  HTF Request $2,000,000  HTF Request per unit $27,778  HTF Request as % of per affordable unit cost 9.46% Using 51% of TDC  Funding Sources % of TDC  Asheville HTF FY25 2,000,000 4.83%  Equity - Enterprise 17,218,728 41.55%  Sterns - Construction Loan 22,221,000 53.62%  TDC 41,439,728 100.00%  TDC - Total Development Cost TDC per Unit $575,552  Housing Trust Fund Policy Compliance - The request of $2,000,000 equals 9.46% of the total development cost, which is under the policy  cap of 10% of total development costs per affordable unit. - The project has already been subsidized through the Land Use Incentive Grant Program at an  estimated grant value of $1,688,299. - The City expects greater affordability or longer affordability terms when additional funding is  directed toward a project. This project does that by expanding the number of affordable units from 29 to 72. - The LUIG grant and the HTF loan add up to $3,688,299. If it is assumed that both subsidies are spread out among all 72 affordable units, the total subsidy represents approximately 8.9% of the total cost per affordable unit. - Because this is a construction loan, a shorter affordability period is allowed by the policy. - The Housing Trust policy emphasizes maximizing the number of affordable units, length of  affordability and a deeper level of affordability (to incomes below 60% AMI).  Pro(s): - Cohen Esry is an experienced and financially capable multifamily developer with a large, national  development portfolio. - The project is leveraging a substantial amount of funds including construction/mini permanent  debt with current LOI from Stearns Bank and equity LOI from Enterprise Community Partners’ Opportunity Zone Fund (ECOZF). - Request is for a short-term construction/bridge facility that would be fully amortized and repaid at 2% simple interest within 36 months allowing the City to recoup investment and reinvest in other projects in the near term.  Con(s): - Affordable units (72) will be targeted to those earning 80% AMI and below, with a limited  affordability period of 8 years, far below the standard of 15 years for the Housing Trust Fund. - The request of a $2 million loan appears to be made mainly because of the lower interest rate. - Stearns Bank’s letter offers up to 58% LTC (Loan to Construction value) value which could be  maximized instead of a Housing Trust Fund. - The units are only affordable to those at 80% AMI.  Staff Recommendation: Considering current HTF funding limitations, limited affordability, and external funding resources for this project, staff does not recommend funding this project at this time.  (4) HOSPITALITY HOUSES Scattered ADUs  Background - Hospitality Houses, a yet-to-be-formed 501(c)3 non-profit affiliate of WNC Ministries, is seeking  $40,000 in HTF funding to construct two (2) accessory dwelling units (ADU’s) to provide transitional housing for persons experiencing homelessness or who are at risk of homelessness. - The units will accept housing vouchers and all residents will be matched with supportive services to ensure longevity and success. - The program is proposed for a minimum 10-year period. It is expected that renters will be in the ADU for up to 2 years while gaining life skills and readiness to move into a more mainstream unit, making the ADU available to the next person. - The two (2) ADUs would be 384 square feet, one-bedroom, one-bathroom units. The application does not identify specific project sites (the ADUs will be constructed in the backyards of existing, single-family homes whose owners agree to participate in the program). Still, it does note there are multiple potential sites located in the City of Asheville. - A pilot project was constructed in the backyard of the project sponsor’s executive director in nearby Candler, but at the time of application, the unit was not yet occupied. - This program is modeled on an existing program for homeless veterans, YardHomesMN, currently underway in Minneapolis, Minnesota. - Hospitality Houses has partnered with Western Carolina Rescue Mission as their fiscal agent while they get their 501(c)3 status. - Additionally, the Western Carolina Rescue Mission will provide case management for the renters.  Proposal - Hospitality Houses is requesting $40,000 for two ADUs to be built in the city limits. - The actual building cost is approximately $54,600, while the total development cost is $67,169  per unit. - The proposed affordability period for the ADUs is a minimum of 10 years, possibly up to 15 years.  At the end of the period, the ownership of the ADU is transferred to the homeowner. - Hospitality Houses is amenable to restricting the future use of the ADUs to prohibit use as  short-term rentals or homestay uses. The units could be used for the homeowner's own use or as long-term rental property. - The loan requested is a 3-year construction loan with 2% interest, interest only.  Hospitality Houses 2 Units  HTF Request $40,000  HTF Request per unit $20,000  HTF Request as % of per unit cost 29.78%  Funding Sources % of TDC  Buncombe County AHSP 42,500  Asheville HTF FY25 40,000 29.78%  Other Foundations/Donations 43,137  In-kind Labor (Fair Market Value) 3,500  In-kind Materials (Fair Market Value) 5200 2.61%  TDC 134,337 100.00%  TDC - Total Development Cost* TDC per Unit $67,169 Excludes Supportive Services  Housing Trust Fund Policy Compliance - The construction of Accessory Dwelling Units is an allowable use under the Housing Trust Fund  policy. - The requested loan terms are reasonable given the population served, and the affordability  complies with the policy for shorter-term construction loans.  Pro(s): - A new, “outside the box” development concept designed to address high-risk, permanent  supportive housing populations (i.e., tenants with incomes at or below 30% AMI) that looks to add housing in backyards where there is none. - This is a modest investment for the City to do a pilot project to test out the new model. - While a new organization, Hospitality Houses has partnered with a long-standing service provider  in our area and secured case management services for the first 6 tenants.  Con(s) - Hospitality Houses is a brand new organization that does not yet have its 501(c)3 status. There is  some risk involved with making this loan for the program, but it is a smaller risk given the amount. - Although one unit has already been built, the model hasn’t been proven, and the organization will  still be learning as they go.  Staff Recommendation: Staff is recommending approval of this project with the requested terms. Although it is brand new, City staff have been meeting with the Executive Director for the past six months, and they have taken staff suggestions and greatly improved the model to adapt it to Asheville. If Council would prefer, the loan could be structured only to lend the first $20,000 and wait until completion of the first unit before lending the second $20,000 to minimize the risk further.  (5) MOUNTAIN HOUSING OPPORTUNITIES - DOWN PAYMENT ASSISTANCE Scattered Sites within Asheville  Background - MHO is seeking $1.5 million in HTF funding for its MHO Loan Fund down payment assistance  (DPA) program. The program was established in 2008 and currently serves roughly 20 clients per year. The average homebuyer participating in their program earned 62% of AMI and received $35,750 in DPA. - Housing Trust funds would be used to expand the program and provide increased DPA limits within City limits, allowing more families to purchase homes within the City. Without additional funding, MHO’s current DPA limit of $40,000 restricts the number of homes available that the targeted buyers can purchase. - MHO uses a “shared appreciation” model whereby a lien is placed on the house bearing no interest or debt service, and upon sale of the property, the owner must repay the DPA loan plus a  percentage equal to the appreciation on the home. For example, a home that was originally purchased for $200k with $20k in DPA (10% of the purchase price) and subsequently sold for $300,000 would owe $30,000 upon sale, and the homeowner would capture $70,000 of the increased home value. - The shared appreciation model is a useful one in that it replenishes itself so that MHO can help the next homebuyer without a constant infusion of new funds to the program.  Proposal - MHO is requesting a $1.5 million loan at 0% interest for 40 years, payable at the end of the term.  The loan will cover the DPA program for five years. - The funds will be used for down payment assistance, while overall MHO works to expand the  program including adding a loan officer. - Homes will be maintained as affordable for at least ten years.  MHO Loan Fund 25 Units  HTF Request $1,500,000  HTF Request per unit $60,000  Funding Sources % of TDC  NeighborWorks America 60,000 2.59%  CDFI Pending 300,000 12.95%  Program Repayment/Interest Revenue 250,000 10.79%  Asheville HTF FY25 1,500,000 64.77%  Loan Processing Fees 6,000 0.26%  Dogwood Health Trust 200,000 8.64%  TDC 2,316,000 100.00%  TDC - Total Development Cost  TDC per  Unit $92,640  Housing Trust Fund Policy Compliance - Down payment assistance is an allowed use under the Housing Trust Fund Policy. - The policy does not have limits for DPA on a per-home basis, making it flexible to the market  conditions. - Down payment assistance operates differently than permanent loans for rental housing, so the  10% of the per unit cost is not necessarily applicable to DPA.  Pro(s): - Expands operations of an existing DPA program with a track record of assisting low-income home  buyers. - MHO is a well-established local non-profit CDFI with significant experience in affordable housing. - Leverages existing program resources and funding to assist low-income home buyers. - The subsidy per unit is reasonable for a homebuyer initiative, and the shared appreciation model  has a record of sustaining production with limited infusions of additional capital.  Con(s): - While a very worthwhile project, the request for $1.5 million is a large one given the other projects under consideration. A multi-year request like this would be better funded in a year with a larger balance of available HTF funds.  Staff Recommendation: Staff recommends funding this project for one year of operations at $300,000. While this may not allow the program to invest in new staff as much in Year 1, longer-term funding could be possible if a larger balance of HTF funds is available in future years.  (6) AA HABITAT FOR HUMANITY - DOWN PAYMENT ASSISTANCE Scattered Sites within Asheville  Background - Habitat for Humanity (AAHH) is seeking funding for both rehabilitation and down payment  assistance for four (4) homes. - AAHH maintains a right of first purchase on the homes they build and sell. When home buyers  sell their homes, they have to first offer it to Habitat for purchase at market rate. If possible, Habitat will purchase the home, make any necessary repairs, and then resell it to a qualified home buyer.  Proposal - Habitat is requesting $146,000 to help acquire homes and provide down payment assistance for  four (4) homes within the city limits. - The work will be completed over a 3-year period. - The loan term is 0% interest for 30 years, with a 30-year affordability term. - This request is similar to the last award Habitat received from the HTF that enabled the  rehabilitation and resale of eight (8) homes with down payment assistance.  AAHH Loan Fund 4 Units  HTF Request $146,000  HTF Request per unit $36,500  Funding Sources % of TDC  Asheville HTF FY25 146,000 10.00%  Internal Revenue 1,314,000 90.00%  TDC 1,460,000 100.00%  TDC - Total Development Cost TDC per Unit $365,000  Housing Trust Fund Policy Compliance - The Housing Trust Fund allows for funds to be used both for rehabilitation of units and down  payment assistance. - The amount requested is equal to 10% of the total development cost of each unit. - Although not an HTF guideline, a Right of First Purchase will not be actionable on homes where  previous HOME funds have been used, and the HOME lien is still active. If the lien has been satisfied, there is no restriction.  Pro(s): - Assists in preserving the affordability of four (4) homes previously developed by Habitat. - Leverages AAHH funds to achieve preservation at a modest per-unit cost compared to the initial  cost in typical homebuyer projects.  Con(s): - Individual homes have not been identified yet. Staff can work with Habitat staff to ensure  adequate information on each home is documented before each project is started.  Staff Recommendation: Staff recommends fully funding the request at $146,000 given the need for homeownership opportunities for residents at or below 60% AMI.  Staff Recommendation Summary  Name HTF request  Rec. Loan Amount  No. of Aff. Units  Total Development Costs (TDC)  Loan as % of TDC  Recommended Loan Terms  Star Point Apts Up to $ 1,500,000  $ 252,838 $1,102,838  60 $16,085,116 1.57% 6.86%  40-year term, 0% interest  Roers Affordable $3,879,366 $3,879,366 126 $45,615,156 8.50% 30-yr term, 2 % interest  Overlook 157 $ 2,000,000 0 $41,439,728 9.46%  Hospitality Houses $ 40,000 $40,000 2 29.8% 3 year term, 2%  interest.  MHO DPA $1,500,000 $300,000 5 $2,316,000 64.77% 40-year term, 0% interest  Habitat DPA $146,000 $146,000 4 $1,460,000 10.00% 30 year term, 0% interest  Recommended Funding Total $4,618,204 197 Total Development Costs  Note: For Star Point Apartments, the recommended loan amount is $252,838. When added to the previous loan of $850,000, the total HTF funds in the project will be $1,102,838 or 6.86% of the total development cost per affordable unit. - Staff estimates that the current available balance in the Housing Trust Fund is approximately $4.5  million. Additionally, a planned allocation from the General Fund of $500,000 in the FY 2024-25 budget to the Housing Trust Fund, brings the total available allocation to $4.9 million. If the City Council approves this $4,618,204 allocation, there will be an estimated available (unallocated) balance of approximately $440,000.  Ms. Vrtunski outlined the following key takeaways from her presentation as follows: (1) Six eligible applications are being considered for the current round funding from the Housing Trust Fund (HTF), totaling $9,065,366. The current available balance of the Fund is $4.9 million. This includes the $500,000 HTF allocation anticipated in the FY 25 budget; (2) and This round of funding was coordinated to align with Buncombe County’s process to assist in decision making and provide more predictability to the development community. She then went into detail of the five projects, their pros and cons, and staff’s recommendation for each project. Regarding the Star Point Apartments, (1) MHO has stated that they are not able to lock in a larger permanent loan at this time, and it will not be clear until construction is finished what the final loan amount will be; (2) They have requested that the City and County contribute $195,744 more each to close their calculated remaining gap of $391,744; (3) This afternoon the Buncombe County Affordable Housing Committee considered this, but they did not vote; (4) However, they did fund the Star Point Apartments at $1.3 Million, which includes the $195,744, and she felt there is a good possibility for approval. That Committee meets again on April 30; and (5) The City does have sufficient funds in the Housing Trust Fund to accommodate the request, if Council approves it. If Council approves the additional $195,744 for Star Point Apartments, staff recommends funding 5 projects, totaling $4,813,948 in HTF funding to assist in the construction of 197 units. Making these allocations will use almost all available funds in the Housing Trust Fund. She then reviewed the Housing & Community Development Committee’s recommendation on April 16, 2024, along with the fiscal impact.  At the suggestion of Councilwoman Turner, Ms. Vrtunski said that having a bucket of money for small projects; however, we are now working on an Affordable Housing Plan and she wants to make sure that that process gets honored.  In response to Councilwoman Roney, Ms. Vrtunski said that she does not have the conversation with the developers about a plan for renewables to have their bills be affordable.  Councilwoman Roney was excited to support these partnerships noting that transit routes are important to her when we look at building affordable housing.  When Vice-Mayor Kilgore asked for public comments, none were received.  Vice-Mayor Kilgore said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2024-04-23","mt":"regular","id":"VI-B","ref":"RES 23-90","it":"resolution","t":"Resolution approving the recommended $237,000 in awards","desc":"Economic Development Division Manager Rachel Taylor said that this is the consideration of adoption of a resolution approving recommendations for Strategic Partnership Grant Program awards and authorizing the City Manager to execute grant agreements.  Background: - In June 2022, the scope of the Strategic Partnership Grant (SPG) program was refined to  focus on closing the opportunity gap for low- to moderate-income school-aged youth. - From Fiscal Year (FY) 2022-23 to present, the SPG program has awarded $781,709 to  16 programs serving over 1,700 students. - The SPG program balance currently totals $237,000, which is available to support the  grant program in FY2024. - Applications for the SPG program were accepted from December 15, 2023, through  February 2, 2024. - Staff received 21 applications from qualified agencies. Additionally, applicants were  required to submit a recorded presentation by February 16, 2024. - These pre-recorded presentations replaced the live presentations previously held  during specially scheduled Council Committee meetings. - For each funding cycle, a cross-disciplinary Evaluation Panel reviews applications and  makes recommendations for City Council consideration. The Evaluation Panel finalized its recommendations on Saturday, March 9. - The Evaluation Panel consisted of seven members: - Asheville City Schools - Rheta West, Assistant Principal - LeVette Campbell, Social Worker - City of Asheville - Dennis Newburn, Community Development Division Manager, CED - Frank McGowan, Strategic Services Manager, Finance - City of Asheville Youth Leadership Academy (CAYLA) - Two students - Western Carolina University - Dr. JoBeth Shafran - During the March 13th Equity and Engagement Committee (EEC) meeting, staff presented the Evaluation panel’s funding recommendations. - At the EEC's direction, staff completed additional follow-up interviews with each of the five (5) agencies recommended for funding by the evaluation panel. - The interviews confirmed that the funding recommendations as presented to the EEC and reflected in this staff report below, have the least impact on the number of students served. - Staff acknowledges the need to enhance reporting and impact assessments and are working with regional partners and agencies receiving SPG funding to improve performance measurement. - On April 16, 2023, the EEC reviewed the Evaluation Committee's recommendations and recommended funding 5 agencies for a total grant award of $237,000. - The EEC’s recommendations are included as part of the suggested City Council motion below.  Committee(s): - Equity and Engagement on 03/13/2024- Heard Funding Recommendations; - Equity and Engagement on 04/16/2024 - approved unanimously (3-0) as described in  suggested motion below.  Pro(s): - Additional resources available in summer 2024 to help address the opportunity gap and  provide programming for school-aged youth.  Con(s): - Rounds two and three agreements remain active, meaning not all awardees have fully  expended their awards and are not yet required to submit their final reports.  Fiscal Impact: - A total of $237,000 will be available to support the Strategic Partnership Program in the  latest round of funding. - Should the City Council authorize funding the full $237,000 recommended as part of the  Strategic Partnership Grant program, there will be a remaining balance of $0 for the current fiscal year. There is currently $242,000 programmed in the draft Fiscal Year 2025 operating budget.  Ms. Taylor outlined the following key takeaways from her presentation as follows: (1) In June of 2022, the scope of the Strategic Partnership Grant (SPG) program was refined to focus on closing the opportunity gap for low to moderate income school-aged youth; (2) From Fiscal Year (FY) 2023 to present, the SPG program has awarded $781,709 to 16 programs serving over 1,700 students; (3) For the latest application cycle, the program received 21 applications and pre-recorded presentations; (4) The Evaluation Panel reviewed applications and provided funding recommendations; (5) The Equity and Engagement Committee reviewed and finalized recommendations to fund five (5) agencies at a total of $237,000; (6) City Council is being asked to review and consider approval of the Equity and Engagement Committee’s funding recommendations at the April 23rd meeting; and (7) Staff acknowledges the need to enhance reporting and impact assessments and are working with regional partners and agencies receiving funding to improve performance measurement. She explained the SPG Program evolution by saying in 2022, the program scope was changed to address impacts of the opportunity gap by supporting low to moderate income school-aged youth. In FY23 and FY24, the program implemented the following changes across two rounds of applications: Streamlined communications and administrative requirements by updating application process; Increased award minimum to $35,000 per program; Provided award recommendations based on full funding for requests; Required applicants to submit a recorded presentation in lieu of presenting live in a special EEC meeting; Updated scoring criteria; and Connected the indicated program Focus Areas, based on opportunity gap key indicators, to evaluation review and discussion. Future SPG Program improvements will consist of (1) In the Summer of 2022, the program was relaunched with the refined scope and the additional goal to minimize the burden of reporting requirements on grantees - In previous years, awardees have been asked to provide progress reports and annual reports; (2) Since the program has been operating, the Cease the Harm Audit has occurred and the Carter Development Group will presented the recommendations; (3) The program is now in a better position to make additional program improvements to measure impact and track data; (4) Staff will work with each awardee to develop an agreement and a reporting framework that are applicable to each program; (and (5) Additionally, staff will develop a framework of consistent data points that can be tracked across grantees and will work to develop impact measures specific to each focus area to streamline reporting requirements in future funding cycles. She then showed a chart of the SPG budget for Fiscal Year 2022 - Fiscal Year  2024, along with mentioning the evaluation panel. She said their funding recommendations are below:  Agency Program Average % Score  Students Served  Funds Requested  Funds Recommended  PODS Inc Food Security Enhances Learning  92.4% 200 $75,600 $67,859  Horizons at Carolina Day  Summer 2024 Enrichment Program Expansion  92.2% 105 $35,000 $35,000  Literacy Together  Youth Literacy 88.6% 50 $35,000 $35,000  The Arc of Buncombe County  Bolstering Transportation Support for the I/DD Community  88.6% 50 $35,000 $35,000  Serve to LEAD Youthful H.A.N.D. Summer Jump Start Program  87.6% 60 $64,141 $64,141  Total Grant Award Recommendation $244,741 $237,000  She said on April 16, 2024, the Equity and Engagement Committee reviewed the Evaluation Panel’s funding recommendations and made funding recommendations for full City Council consideration. The Committee unanimously approved (3-0) the funding recommendations.  Councilwoman Roney thanked Ms. Taylor and team for the extra effort getting these funds into the community in advance of Summer programming needs, to our evaluation panel, and to the students who participated! As noted, there is a recommendation from the Equity and Engagement Committee to identify additional funding. She knows that we care about our youth who are falling through the racial opportunity gap in our schools and we need to make this a priority in our budget so we’re not nickel and diming our partners.  When Vice-Mayor Kilgore asked for public comments, none were received.  Vice-Mayor Kilgore said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Economic Development","mo":"individual","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1cJ1Ku0rhQEfWJCwrPR87trxqFRmEWfix/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":22},{"d":"2024-05-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of combined minutes of the April 18, 2024 agenda briefing worksession and the April 23, 2024 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-05-14","mt":"regular","id":"II-B","ref":"RES 24-91","it":"resolution","t":"Resolution authorizing City Council to accept an ARPA (State Revolving Fund) grant to fund part of the Mills River Water Treatment Plant miscellaneous plant improvements","desc":"Background: - Mills River Water Treatment Plan Miscellaneous Plant Improvements (Rehabilitation) project - Phase 2 - Aspects of the project include: additional off-stream storage; third wastewater lagoon; additional finished water storage; replacement of several bulk chemical storage tanks and associated equipment; replacement of filter controls; replacement of mixers, flocculators, and various transferring pumps; and updating all lighting for more energy efficiency - The City applied for an ARPA construction grant through the North Carolina Department of Environmental Quality - Division of Infrastructure during the Spring 2022 application process. - The City was notified in the Fall of 2022 that the request was accepted and could receive $5,000,000. - The City has completed all intermediate steps in the grant process. - The next step requires the City Council to pass a resolution officially accepting the funding. - The additional debt needed has been included in rate modeling for the Water Fund. Vendor Outreach Efforts: n/a  Committee(s): - n/a Pro(s): - Acceptance will allow for other capital improvements projects to proceed. Con(s): - n/a Fiscal Impact: - This grant was previously budgeted in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-05-14","mt":"regular","id":"II-C","ref":"RES 24-92","it":"resolution","t":"Resolution authorizing the City Manager to enter into a construction/repair contract with Wharton-Smith Inc. for the Mills River project","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-05-14","mt":"regular","id":"II-D","ref":"RES 24-93","it":"resolution","t":"Resolution authorizing the City Manager to execute a construction contract with Hyatt Pipeline LLC for Water Distribution Project 1, Phase 2","desc":"Background: - The scope of work for this project includes the installation of approximately 6,650 LF of 12-inch ductile iron pipe and other miscellaneous water system components including service connections and other appurtenances located along McDowell St and Short McDowell St between Southside Ave and Meadow Road. - The proposed project will replace existing cast iron water lines installed in the late 40’s and early 50’s, which have been identified as a need through a prioritization and master planning process, due to age, pipe failures and future water capacity needs. - On February 21, 2024, the Water Resources Department (WRD) issued an advertisement for bids for WDP-1 Phase 2: McDowell Street Water System Improvements project. - In response to the advertisement for bids, the WRD received two (2) bids on March 28, 2024, but bids were not opened because NC General Statute requires a minimum of three (3) bids in response to an initial formal bid advertisement. - On April 1, 2024, the Water Resources Department (WRD) issued an advertisement for rebids for WDP-1 Phase 2: McDowell Street Water System Improvements project. - The Water Resources Department requests authorization to contract with Hyatt Pipeline, LLC for the bid amount of $4,299,510.00 plus a 10% contingency in the amount of $429,951.00, for a total amount not to exceed $4,729,461.00 for a term through project completion. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - In response to the advertisement for rebids, the WRD received two (2) bids on April 11, 2024. Companies responding were: 1. Hyatt Pipeline, LLC: Canton, NC - $4,299,510.00 2. T.P. Howard Plumbing Company, Inc.: Fairview, NC - $5,400,000.00 - Following an audit of the bids by City staff and the project engineers, MCGill & Associates, Hyatt Pipeline, LLC was selected as the lowest responsible, responsive bidder. - No MWBE firms submitted bids as the prime contractor.  Committee(s): - Not applicable. Pro(s): - This project is aligned with the City's and the Water Resources Department's goal of continued investment and improvement of the City’s water system through capital improvement projects, in order to provide safe and reliable service. Con(s): - None. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-05-14","mt":"regular","id":"II-E","ref":"RES 24-94 / RES 24-95 / RES 24-96 / RES 24-97","it":"resolution","t":"Resolutions authorizing the City Manager to execute on-call contracts for an initial one-year term with two 1-year renewal options","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-05-14","mt":"regular","id":"II-F","ref":"RES 24-98 / ORD 5076","it":"resolution","t":"Resolution authorizing City Council to accept a grant for the N.C. Governor's Highway Safety Program 2025 BikeSafe grant, with budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-05-14","mt":"regular","id":"II-G","ref":"RES 24-99","it":"resolution","t":"Resolution authorizing the City Manager to authorize APD and UNC Asheville to enter into an agreement extending campus police territorial jurisdiction under N.C.G.S. 116-40.5","desc":"Background: - UNCA’s Campus Police have expressed a desire to extend their jurisdiction beyond the campus borders, primarily to allow them to patrol and enforce North Carolina law at apartment complexes close to campus primarily occupied by students. This would reduce pressure on the APD to respond to calls in this area. - Under North Carolina law, the Board of Trustees of any constituent institution of The University of North Carolina, may enter into joint agreements with the governing board of any municipality to extend the law enforcement authority of campus police officers into any or all of the municipality's jurisdiction and to determine the circumstances in which this extension of authority may be granted. - UNCA’s Board of Trustees has passed a resolution authorizing the extension. Vendor Outreach Efforts: - N/A  Committee(s): - Environment & Safety Committee - April 23, 2024 - 3-0 approval Pro(s): - Continued partnership with the University provides an opportunity to provide extended police service to the surrounding area of the University. - University officers can provide police assistance to the Asheville Police Department outside of its regular jurisdictional boundaries. Con(s): - None Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Public Safety","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":1,"mr":"contested vote","sq":7},{"d":"2024-05-14","mt":"regular","id":"II-H","ref":"RES 24-100","it":"resolution","t":"Resolution amending the 2024 City Council meeting schedule to move the June 11, 2024 formal meeting to the Banquet Hall","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-05-14","mt":"regular","id":"IV-A","ref":"ORD 5077","it":"public_hearing","t":"Public hearing / ordinance to rezone 1310 Fanning Bridge Road","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 1310 Fanning Bridge Road from Industrial District - Conditional Zone to Industrial District. This public hearing was advertised on May 3 and 10, 2024. Project Location and Contacts: - The rezoning petition consists of one property totalling 27.75 acres and located at 1310 Fanning Bridge Rd (PIN 9643-71-7559) - Owner: Minkles LLC Summary of Petition: - The applicant requests a rezoning of one property to the Industrial (IND) District. - The subject property is the site of a warehouse/distribution facility for Electrolux, a home appliance manufacturer. - The property is currently zoned Industrial - Conditional Zone (IND-CZ). - The conditional zoning of the property, per Ord. No. 4035, was adopted on November 22, 2011 and rezoned the property from Industrial (IND) to Industrial - Conditional Zone (IND-CZ) for the purpose of constructing a significant expansion of the existing building on-site. - The proposed expansion did not take place and is not being considered at this time. The applicant has recently applied for a Level I site plan review for a new truck court and loading bay at the north end of the property, which is incompatible with the existing conditional zoning on the property. Therefore, the applicant is seeking a rezoning to the general use Industrial district in order to proceed with the proposed project. - The subject property is designated “Industrial/Manufacturing” on the city’s Future Land Use (FLU) Map. A change to the FLU Map is not required. Comprehensive Plan Consistency: - The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan including: - Encourage Responsible Growth - by ensuring that new development has the appropriate infrastructure to support it. - Facilitate Real Estate Development that Maximizes Public Benefit - by establishing accessible and well-connected commercial nodes consistent with strategies outlined in the plan’s growth areas. - The proposed development is compatible with the Future Land Use designation of “Industrial/Manufacturing” which is proposed, in part, as “typically found on larger tracts of land with good access to transportation systems that are served by other needed utilities. Industrial and manufacturing areas are an important economic sector to the city.” (p. 344). - Industrial (IND) is cited as an appropriate zoning district within the Industrial/Manufacturing Future Land Use category. Compatibility Analysis: - The purpose of the Industrial (IND) zoning district is, “to reserve land for existing and future industrial activities and for land uses that support industrial activities” [UDO Sec. 7-8-22(a)]. - The proposed rezoning petition is compatible with most of the surrounding land uses, including:  - The Asheville Regional Airport to the west of the site. - The WNC Agricultural Center directly to the south of the site. - Commercial, retail, and lodging uses to the north of the site along Airport Rd. - Single-family residential uses further to the east of the site across Interstate-26.  Committee(s): - Planning & Zoning Commission (PZC) - April 3, 2024 - Approved (Vote 6:0) Pro(s): - Provides greater flexibility for improvements and future operations of the existing warehouse/distribution use on-site, in conformity with the general use Industrial district. Con(s): - None identified. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He said that the Planning & Zoning Commission voted unanimously to approve the project with the condition. He explained that the purpose of the Industrial (IND) zoning district is, “to reserve land for existing and future industrial activities and for land uses that support industrial activities” [UDO Sec. 7-8-22(a)]. It is compatible with most of the surrounding land uses, including: (1) The Asheville Regional Airport to the west of the site; (2) The WNC Agricultural Center directly to the south of the site; (3) Commercial, retail, and lodging uses to the north of the site along Airport Road; and (4) Single-family residential uses further to the east of the site across Interstate-26. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed rezoning. In response to Councilwoman Roney, Mr. Palmquist said that the Hotel Overlay District (lodging portion) does not cover this parcel. Mayor Manheimer opened the public hearing at 6:42 p.m., and when no one spoke, she closed the public hearing at 6:42 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2024-05-14","mt":"regular","id":"V-A","ref":"ORD 5078","it":"ordinance","t":"First reading of an ordinance creating a Downtown Asheville Business Improvement District","desc":"Mayor Manheimer said that the public hearing on this matter was held on April 23, 2024, and no further public comment will be taken. Assistant City Manager Ben Woody briefly reviewed the following staff report for the first reading of an ordinance creating a Downtown Asheville Business Improvement District. “Background: - The City Council is authorized to establish a Municipal Service District, also known as a “Business Improvement District” (hereinafter referred to as a “BID”) pursuant to N. C. Gen. Stat. 160A-537. - A BID is utilized in order to finance, provide, or maintain, within the defined district, certain services, facilities, or functions in addition to, or to a greater extent, than those already provided to the entire City. - A BID may only be established upon a finding by the City Council that the proposed district is in need of one or more of the services, facilities, or functions, as authorized by N.C. Gen. Stat. 160A-536, to a demonstrably greater extent than the remainder of the city. - North Carolina law requires the City Council to hold a public hearing on the BID, and provide a report containing (1) a map of the proposed district, showing its proposed boundaries; (2) a statement showing that the proposed district meets the legal standards; and (3) a plan for providing in the district one or more of the services listed in N. C. Gen. Stat. 160A-536. - In Spring 2023, the Asheville Area Chamber of Commerce (Chamber) began working with downtown stakeholders to address their concerns around services, safety, and cleanliness. - The Chamber contracted with Progressive Urban Management Associates (P.U.M.A.) to conduct a BID Feasibility Study and to prepare the required BID Operational Plan Report for Downtown Asheville. - On March 21, 2024, the Chamber submitted the BID Operational Plan Report to the City, and public notice has been provided to all property owners within the proposed BID that the report is available for public inspection for a period of four weeks, and that a public hearing on the BID will be conducted on April 23, 2024. - The City Council held a public hearing on April 23, 2024. At that meeting, over 60 people spoke at hearing on this matter. - The BID must be voted upon twice by the City Council. The first reading will occur on May 14, 2024, and the second and final reading is scheduled for June 11, 2024. - The initial Ordinance to be considered by Council will be limited to establishing the BID, and setting the applicable BID tax rate. The governance structure for the BID may be determined separately, even at a later date but prior to the implementation of BID service delivery. Vendor Outreach Efforts: - n/a  Committee(s): - Downtown Commission: 3/22/2024 received presentation. - Downtown Commission: 4/26/2024 - a motion to recommend support of City Council implementing the BID map and tax district as currently proposed with conditions specific to BID implementation failed 4-4. The following were conditions included in the motion: - Additional public input on the Request for Proposals (RFP). - Consider the Downtown Commission as a body for review of the RFP and assisting City Council as desired. - Consider an open board application process (similar to how the City handles boards and commissions). - Require a community-wide annual survey to be included in the annual report to ensure greater input on what is prioritized. - Establish and clarify the training requirements for ambassadors/agents. - Provide clarity and definitions on the use of arms and level of authority for ambassadors/agents. - Consider additional programs such as community responders. Pro(s): - A BID would provide additional funding to meet the demonstrably greater need for certain services, facilities, and functions within the downtown district. Con(s): - The BID levies an additional property tax upon downtown property owners, and the effect of this may be passed on to tenants and customers. Fiscal Impact: - The proposed annual assessment rate is 0.0919 per $100 of taxable value (example: property with taxable value of $500,000 has an annual BID assessment of $459.50). - The BID proposed services and annual budget include: - Safety and Hospitality Services: $700,000 - Enhanced Cleaning Services: $300,000 - Contingency: $100,000 - BID Management and Administration: $150,000 - Total BID Budget: $1,250,000” Mr. Woody then said that Business Improvement Districts, also known as municipal service districts, are utilized to provide certain services to an area of the city to a demonstrably greater extent than otherwise provided to the remainder of the city. Municipal service districts are fairly common in North Carolina, with a current total of 66 within the state, providing a range of services that include safety and supplemental cleaning performed by ambassador programs, beautification and placemaking, economic development marketing and branding, and capital projects to name a few. He said that on March 21 of this year, the Asheville Area Chamber of Commerce submitted a BID Operational Plan Report to the city to address stakeholder concerns with services, safety and cleanliness, and to begin the process of Council consideration for the establishment of a downtown BID. The BID operational plan report is provided in the Office of the City Clerk and also as an attachment to the staff report. The City Council held a required public hearing on April 23, during which more than 60 people spoke at the hearing. Under North Carolina law, the BID must be voted on twice by City Council. The first reading is at this meeting, and if the ordinance passes by a majority vote of Council, the second reading will be held on June 11. The ordinance under consideration at this meeting is limited to establishing the BID boundary and setting the applicable BID tax rate for Fiscal Year 2025. A map of the proposed BID boundaries and the ordinance creating a downtown BID is an attachment to the staff report. The  Council will have the opportunity to determine governance structure separately at a later date, prior to implementation of BID service delivery. Again, what is before City Council at this meeting is the ordinance that establishes the BID boundary and tax rate, which are based on the Operational Plan Report on file in the City Clerk’s Office and as an attachment to the staff report. City Attorney Branham said that per state law, the proposed ordinance will only establish the bid, by defining the boundaries and setting the initial tax rate. Any additional elements, such as the governance structure, can be dealt with at a later date. There was considerable discussion regarding a possible resolution giving staff direction on what to include in the RFP, if the ordinance creating the district is adopted. The Operational Plan Report developed in March, may need to be updated. The resolution could provide clear direction on the governance structure (including designation of seats and how those seats would be filled), how the BID is managed and by whom; and training criteria for ambassadors. Mayor Manheimer said that at the second reading on June 11, the proposed resolution would be voted on, noting that each of the resolution elements could be voted on separately. She encouraged Council and the community to reach out and give their input. In response to Councilwoman Turner, Mr. Woody also pointed out that we have an internal Downtown Management Task Force and the BID is a topic they talk about regularly. Staff generally supports the BID and are prepared to partner with the group. This is a tool to enhance certain services in a geographic area. If the ordinance passes, state law requires that there be another round of public engagement prior to issuance of the RFP to make sure that we are enhancing the services that truly affect the needs of the property owners and stakeholders in that effort. Councilwoman Roney said “Downtown is our heart, the engine that pumps resources into the whole body of the city, but a heart is only as healthy as a whole body - and our issues are connected, just like a healthy body requires a healthy heart. We have serious issues facing our whole City, we need to match the right tools to the issue at hand, and today we’re only looking at a BID for the Downtown neighborhood, so I’m going to focus my concern and my position there. The NC school of government notes that cities typically use a BID to “revitalize” or “aggressively market its Downtown Area.” This BID proposal has been organized by our local Chamber of Commerce– it’s focused on “safe and clean services” and compares itself to a mall. Since the issues it purports to address are safety and cleanliness, I’m not going to focus on my issues with details like governance structure, but on these two issues–safe and clean. Issue #1 (brought a screw from home toolbox): Enhanced Safety & Hospitality. True solution: Partner with the County to expand community paramedicine with uniquely-qualified behavioral health and peer support specialists. Start with a dedicated unit for Downtown and plan to grow the program city-wide. Expensive, wrong tool: Uniformed, on-street “ambassadors” that wear yellow vests and don’t have the right tools and training for the serious issues of behavior health, substance use, and homelessness crisis. Issue #2: Enhanced Maintenance. True Solution: Secure living wages for city public works and sanitation staff so they can afford to live in our community, consider a dedicated group for Downtown that prioritizes partnerships. Wrong, expensive tool as pulled from the BID website: New, additional staff for sidewalk sweeping, spot cleaning, litter removal, and landscaping. It’s extra expensive because this BID uses third-party management instead of the City providing services in house. Zoom out: Who pays and who benefits? We’re looking at four tax increases in two years - BID, Bonds, County tax revaluation, and pending City tax increase to address the issue that our expenses are outpacing our revenue–it’s coming this year or next. Deeply-concerned that investing in the wrong tools by raising taxes for a BID will disproportionately burden commercial and residential renters while we still don’t have the right tools for the issues facing our community. We’re dipping into our fund balance savings this year, so staff vacancies and ensuring base-level services will continue to be an issue while this BID  appears to limit the City from identifying resources for living wages. We’ll be right back here next year with the same or worse issues but without the right tool. But we'll have tied up our resources in taxing Downtown while leaving a gap, and I'm not okay with that. That's why I'm not supporting the BID as it's drafted today.\" Councilwoman Ullman, along with Councilwoman Turner, said that the BID will come to City Council every year to set the tax rate, and if it is determined the BID is not working, it can be dissolved by zeroing out the tax. Councilwoman Roney noted that Council has received a petition with over 900 signatures outlining some concerns. For her, what she heard in the conversation today was that this could support entrepreneurs, she was not sure how entrepreneurs will be able to afford the increased rent with the BID. She was worried about the privatization aspect because she heard they don’t want change, they want local businesses and want to support local, but the chains will be the only businesses that can afford to be in our downtown if there is a BID. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":1,"mr":"contested vote","sq":9},{"d":"2024-05-14","mt":"regular","id":"VI-RES-24-101","ref":"RES 24-101","it":"appointment","t":"Resolution appointing Alfred Green to the African American Heritage Commission and re-advertise the other vacancy","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission.. Sherree Lucas and Diamond Sloan Couch have resigned as members of the African American Heritage Commission, thus leaving two unexpired terms - July 1, 2024, and July 1, 2025. The following individual applied for the vacancy: Alfred Green The Chair of the African American Heritage Commission recommended, and the Boards & Commissions Committee concurred, to appoint Alfred Green and to re-advertise for the other vacant seat.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":1,"mr":"contested vote","sq":10},{"d":"2024-05-14","mt":"regular","id":"VI-RES-24-102","ref":"RES 24-102","it":"appointment","t":"Resolution appointing Tiffany De'Bellott to the Community Reparations Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Community Reparations Commission.. Joyce Harrison resigned as a member on the Community Reparations Commission. Staff of the Community Reparations Commission recommended, and the Boards & Commissions Committee concur, to appoint alternate Tiffany De’Bellott (currently alternate member). Staff does not recommend replacing the alternate member as it is too far into the reparations process.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"no material signals","sq":11},{"d":"2024-05-14","mt":"regular","id":"VI-RES-24-103a","ref":"RES 24-103","it":"appointment","t":"Resolution reappointing Harvey Dean Harold, Nnwyena Smith and Alma to a board (terms expiring June 1, 2026)","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission.. The terms of Harvey Dean Harold, Nnweyna Smith and Alma Atkins, as members of the Human Relations Commission, expire on June 1, 2024. In addition, Jack Hoda has resigned as a member of the Human Relations Commission, thus leaving an unexpired term until June 1, 2025. Also, Candace Blanchard has resigned, thus leaving an unexpired term until June 1, 2025. The following individuals applied for the vacancies: Carl Falconer, Alena Klimas, Bethany Vance, Danie Johnson and Willa Grant. The Chair of the Human Relations Commission recommended, and the Boards & Commissions Committee concurred (not by majority), to reappoint Harvey Harold, Nnweyna Smith, Alma Atkins; appoint Carl Falconer and Bethany Vance.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"no material signals","sq":12},{"d":"2024-05-14","mt":"regular","id":"VI-RES-24-103b","ref":"RES 24-103","it":"appointment","t":"Appointment of Carl Falconer to fill the unexpired term of Jack Hoda","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission.. The terms of Harvey Dean Harold, Nnweyna Smith and Alma Atkins, as members of the Human Relations Commission, expire on June 1, 2024. In addition, Jack Hoda has resigned as a member of the Human Relations Commission, thus leaving an unexpired term until June 1, 2025. Also, Candace Blanchard has resigned, thus leaving an unexpired term until June 1, 2025. The following individuals applied for the vacancies: Carl Falconer, Alena Klimas, Bethany Vance, Danie Johnson and Willa Grant. The Chair of the Human Relations Commission recommended, and the Boards & Commissions Committee concurred (not by majority), to reappoint Harvey Harold, Nnweyna Smith, Alma Atkins; appoint Carl Falconer and Bethany Vance.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2024-05-14","mt":"regular","id":"VI-RES-24-103c","ref":"RES 24-103","it":"appointment","t":"Appointment of Bethany Vance to fill an unexpired term","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission.. The terms of Harvey Dean Harold, Nnweyna Smith and Alma Atkins, as members of the Human Relations Commission, expire on June 1, 2024. In addition, Jack Hoda has resigned as a member of the Human Relations Commission, thus leaving an unexpired term until June 1, 2025. Also, Candace Blanchard has resigned, thus leaving an unexpired term until June 1, 2025. The following individuals applied for the vacancies: Carl Falconer, Alena Klimas, Bethany Vance, Danie Johnson and Willa Grant. The Chair of the Human Relations Commission recommended, and the Boards & Commissions Committee concurred (not by majority), to reappoint Harvey Harold, Nnweyna Smith, Alma Atkins; appoint Carl Falconer and Bethany Vance.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"appointment/reappointment","sq":14},{"d":"2024-05-14","mt":"regular","id":"VI-RES-24-104","ref":"RES 24-104","it":"appointment","t":"Resolution appointing Charles Crowell to the Neighborhood Advisory Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Neighborhood Advisory Committee. Michael Fulbright has resigned as a member of the Neighborhood Advisory Committee (28801 representative), thus leaving an unexpired term until July 1, 2024. The following individual applied for the vacancy: Charles Crowell The Chair of the Neighborhood Advisory Committee recommended, and the Boards & Commissions Committee concurred, to appoint Charles Crowell..","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1M0fGIPmeKZVk7ppWHPnXZPBGtSmlYHa8/view?usp=drive_link","mat":0,"mr":"no material signals","sq":15},{"d":"2024-05-28","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of combined minutes of the May 9, 2024 agenda briefing worksession and the May 14, 2024 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-05-28","mt":"regular","id":"II-B","ref":"ORD 5079","it":"ordinance","t":"Ordinance amending Section 7-3-11 of Chapter 7 of the Code of Ordinances revising the terms of the Downtown Commission","desc":"Committee (DRC). Background: - On February 23, 2021 the Asheville City Council adopted Ordinance No. 4855, “Ordinance Amending Chapter 7 of the Code of Ordinances of the City of Asheville to establish new standards for hotel development.” - Ordinance No. 4855, adopted on February 23, 2021, established new standards for hotel development and also formalized the city’s design review process and established the Design Review Committee (DRC). - On January 25, 2022, via Ordinance No. 4926, changes to the DRC included reducing the number of appointments that must come from both the Downtown Commission (DTC) and Asheville Area Riverfront Redevelopment Commission (AARRC) from four seats to three, and making the remaining three seats to be appointed at large by the City Council (for a total of nine seats all appointed by City Council). - Since those appointments were made, it has come to the attention of City staff that committee terms are not consistent with their representing board; and thus, should be revised that all terms of the Downtown Commission representatives and the Asheville-Buncombe Riverfront Commission representatives on the Design Review Committee should be concurrent with the terms of their respective board.  Committee(s): - Design Review Committee (DRC) - February 15, 2024 - informational review - Design Review Committee (DRC) - March 21, 2024 - unanimous negative recommendation - - Concern about possibly reducing continuity and experience of DRC members. - If adopted by City Council as proposed, the Clerk’s Office will monitor this Committee to address concern and appointment scheduling. - Planning & Zoning Commission (PZC) - April 3, 2024 - voted unanimously (6-0) to recommend change. - Boards & Commissions Committee - April 9, 2024 - voted unanimously (3-0) to recommend change. Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-05-28","mt":"regular","id":"II-C","ref":"RES 24-105","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Rock Creek Grading LLC for the FY 2024 bridge maintenance project","desc":"Background: - The North Carolina Department of Transportation performs periodic inspections of City-owned bridges - The inspections provide recommendations for maintenance. - This contract is intended to address these recommendations for bridges on Beaver Valley Road, Chestnut Street, Chunns Cove Road, Depot Street, Faircrest Road and Meadowview Road. - The contract was advertised on March 12, 2024, and bids were opened on April 9, 2024. - The following bids were received: Rock Creek Grading, LLC. of Burnsville, NC $368,000.00 Cinderella Partners of Indian Trail, NC $526,400.40 IPC Paving, LLC DBA IPC Structure of Hendersonville, NC $1,299,870.00 Vendor Outreach Efforts: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund, as a result the outreach and engagement followed the City’s business inclusion processes. - This process at a minimum requires staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors. - Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors along with the City of Asheville ABI database. - No companies from an identified disparity group (Black American or Hispanic) were found in the ten-county search area. - No companies from an identified disparity group submitted a bid for the project. - The contractor anticipates self-performing all of the work on this contract.  Committee(s): - None Pro(s): - The award of this contract will result in maintenance being performed on six City-owned bridges  Con(s): - Construction will cause access delays to the impacted neighborhoods. Fiscal Impact: - Funding for this project was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-05-28","mt":"regular","id":"II-D","ref":"RES 24-106","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Kessler Consulting Inc. for solid waste master planning services","desc":"Background: - Council approved funding in the amount of $350,000 in the FY 2023-24 budget for a solid waste master plan. - The purpose of the solid waste master plan is to evaluate the City of Asheville’s existing solid waste management system and provide short- and long-term recommendations to improve and enhance the efficiency and quality of the system and increase waste reduction and diversion. - Conducting a solid waste master planning process is listed as a high-impact activity in the Council-approved Municipal Climate Action Plan. Vendor Outreach Efforts: - Funding for this project is provided through the City General Fund and the Sanitation Division operating budget. As a result, the outreach and engagement followed the City’s business inclusion processes. - Staff utilized the NC HUB vendor portal to identify individuals and firms for direct outreach. RFP respondents performed outreach for subcontracting utilizing the newly approved MWBE participation requirement of 8.39% for General Services. - Staff issued a Request for Proposals in December 2023 and received four responsive proposals from the following firms: - NewGen Strategies & Solutions, LLC of Colorado: $327,370 - Geosyntec Consultants, Inc. of Florida: $344,000 - Raftelis Financial Consultants, In.c of North Carolina: $324,500 - Kessler Consulting, Inc. of Florida: $329,800 - Proposals were reviewed by a panel and Kessler Consulting, Inc. (KCI) was selected as the prime consultant for the project. - KCI, founded in 1988, is a niche firm that specializes in developing and implementing strategic, practical, and sustainable solid waste plans and in optimizing the business and operational efficiencies of solid waste management systems. - KCI is headquartered in Tampa, FL with numerous satellite offices, including one in Boone, NC. KCI’s proposed team includes three North Carolina-based members, two of which currently reside in Asheville, and a Project Manager who has roots in Asheville. - The selected vendor has proposed to utilize a local MWBE, Aisha Adams Media, to assist with stakeholder engagement, equity and inclusion analysis, and climate resilience analysis.  Committee(s): - 3/14/2023: Policy, Finance and HR Committee: Staff presented recommendations to increase the solid waste fee to, in part, support funding for a solid waste master plan in the FY24 budget. Update only with no vote. - 11/28/2023: Environment and Safety Committee: Staff presented an overview of the solid waste master plan project, including background, scope of work, deliverables, and estimated timeline. Informational only with no vote. Pro(s): - Supports Resolution 14-27 to reduce waste by 50% by 2035 - Addresses Council’s strategic priorities to Improve and Expand Core Services and to focus on Neighborhood and Climate Resilience - Engages in a high-impact activity listed in the City’s Municipal Climate Action Plan Con(s): - None Fiscal Impact: - Funding for this contract is available in the Public Works Department operating budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-05-28","mt":"regular","id":"II-E","ref":"RES 24-107","it":"resolution","t":"Resolution authorizing the City Manager to accept grant funds from the N.C. Dept. of Environmental Quality for a 2024 community waste reduction grant","desc":"Background: - On February 13, 2024, City Council passed Resolution 24-31 authorizing the City Manager to apply for the Community Waste and Recycling Grant from the N.C. Department of Environmental Quality. - In 2014, City Council passed Resolution 14-27 adopting a waste reduction goal of 50 percent by 2035. - The CWRAR grant will provide funding to support programming that increases awareness and drives education around how to ‘Recycle Right’ in order to reduce contamination in the recycling stream and improve, protect, and preserve our recycling program. - Educating Asheville residents and businesses about what can go in their recycling carts will help to reduce contamination, reduce Material Recovery Facility (MRF) disposal tonnages and costs, ensure that our MRF has marketable commodities, and support the long-term viability of our recycling program. - Grant funds will be used to purchase outreach and educational materials and to fund an educational media campaign. - The City’s contracted Material Recovery Facility, Curbside Management, supports the development and implementation of this recycling outreach campaign. - Other internal COA departments that are supporting this campaign include the Office of Sustainability and the Communications and Public Engagement team (CAPE). Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - Increase waste reduction and recycling contamination awareness with City residents and businesses - Reduce recycling contamination rates and deliver a clean stream of recyclables to our contracted Material Recovery Facility (MRF), Curbside Management, and help reduce MRF disposal tonnages and associated costs - Leverage City waste reduction programming funds to help develop and implement an educational recycling outreach campaign through printed materials and media outlets Con(s): - None Fiscal Impact: - Funding for the required $7,000 local match has been identified within the Public Works Department operating budget. - The grant funding, matching funds, and associated expenses will be included in the FY 2024-25 Proposed Budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-05-28","mt":"regular","id":"II-F","ref":"RES 24-108","it":"resolution","t":"Resolution authorizing the sale of one 2013 Freightliner vacuum truck deemed surplus city personal property","desc":"Background: - The City’s Water Department identified one (1) vacuum truck as surplus personal property, with no anticipation of future utilization by the City. - The vac truck is a jet vac truck, which is the same as what stormwater uses. - The vac truck can be used to clean drains and also for clearing debris around pipes, valves, and other water infrastructure. - The 2013 Freightliner Vacuum Truck is expected to sell for more than $30,000. - All bids are solicited through online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale. Vendor Outreach Efforts: - Not Applicable  Committee(s): - None Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price Con(s): - None Fiscal Impact: - The vehicle is fully depreciated and the Water Fund will recognize the entire amount as revenue. - Estimated revenue from the sale of fixed assets is already budgeted in the Water Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-05-28","mt":"regular","id":"II-G","ref":"RES 24-109 / ORD 5080","it":"resolution","t":"Resolution accepting the ONDCP 2024 HIDTA Grant on behalf of the Asheville HIDTA branch, with budget amendment","desc":"","c":"Budget & Finance","mo":"individual","mv":"Mosley","sec":"Smith","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":9},{"d":"2024-05-28","mt":"regular","id":"II-H","ref":"RES 24-110","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Smart Builders Construction for the Murphy-Oakley Playground","desc":"Background: - The Murphy Oakley playground renovation is Asheville’s first inclusive playground and is currently under construction. - Additional picket style fencing is needed around the inclusive playground. A picket style of fence provides the required safety around the playground. - Also, additional construction work has been added to the original project scope due to unanticipated curb work that is required on the north side of the parking lot. - The original contractor selection process included a formal advertised bid on May 10, 2023 with bids received June 22, 2023. Not enough bids were received and the project was readvertised on June 23,2023. The bids were opened on July 6, 2023. The lowest responsive/responsible bidder was Smart Builders Construction and a contract was entered into with them for $441,516.00. - Construction is expected to be substantially completed by June 1, 2024. Vendor Outreach Efforts: - Outreach was performed for the original bid and no new vendors are needed for this increase of fencing and curbing. Initial outreach included staff performing outreach to minority and women owned businesses through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Additionally, the contractor performed outreach and has a minority contractor performing 7% of the construction contract.  Committee(s): - None Pro(s): - No delay in construction completion. Con(s): - Additional project cost and administrative time required to revise the contract amount. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Parks Bond Program Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-05-28","mt":"regular","id":"II-I","ref":"RES 24-111","it":"resolution","t":"Resolution approving the issuance of up to $28,000,000 multifamily housing revenue bonds for Meribel LP's multi-family development","desc":"SECTION 147(f) OF THE INTERNAL REVENUE CODE, WITH NO CITY FINANCIAL OBLIGATION ASSOCIATED WITH THE BONDS OR ANY DEBT TAKEN ON BY THE DEVELOPER  Background: - The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes. - It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157. - The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such plan. - Meribel LP, a North Carolina limited partnership (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $28,000,000 in multifamily housing revenue bonds for the acquisition and construction of a 156-unit affordable rental development known as Meribel located on a 10.26 acre site at 171 Monticello Road in Weaverville, North Carolina, parcel identified as PIN 973360350300000 in the Buncombe County Registry. - The project will consist of 5 residential buildings. There will be a mix of 1,2 and 3-bedroom units. Units will be set aside for individuals and families at 30% or less (58 units), 60% or less (24 units) and 80% or less (74 units) of Area Median Income (“AMI”). - The affordability period will be 30 years. - LDG Development is the developer and is an affiliate of the owner. Gateway Property Management, LLC will be the manager of this project. - Construction is scheduled to commence in June 2024 and has an expected completion date of July 2026. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. Council Goals: - Quality Affordable Housing Pro(s): - 156 units of new housing affordable to households at or below 30%, 60% and 80% of AMI will be constructed. - The affordability period will be at least 30 years. Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-05-28","mt":"regular","id":"II-J","ref":"RES 24-112","it":"resolution","t":"Resolution authorizing the City Manager to execute a service and cost share agreement with Buncombe County for centralized data entry","desc":"Background: - The City of Asheville and Buncombe County have long standing interlocal agreements regarding the provision of certain joint public safety-related technology and data services. - Those services are rendered through the Centralized Data Entry (CDE) Division of the Buncombe County Bureau of ID. - A Service and Cost Share Agreement is necessary to establish rights and obligations for CDE and data entry services provided by the City and County. - Historically, the City of Asheville has covered 45% of CDE costs and the County has paid 55%. Thanks to a revised governance structure and coordination with other jurisdictions benefitting from CDE, the City’s current share for these services has been reduced from 45% to 30.2% with Woodfin, Black Mountain, and Weaverville all contributing to the system for the first time in Fiscal Year 2024-25. - Under the new agreement, the County will provide the City and other participating jurisdictions with cost estimates during budget development based on their proportionate share of CDE service areas. - CDE service areas include: - RMS master name record entry and maintenance, - Arrest data entry, and - Booking data entry. - This agreement has a one year term initiating on July 1, 2024, and will renew annually if not earlier terminated.  Pro(s): - Provides authorization to continue key public safety technology services and authorizes the City to to fund the associated interlocal agreement. Con(s): - None Fiscal Impact: - Funding for the first year of this agreement is available in the Police Department operating budget. - Future years will be planned during the annual budget development process.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-05-28","mt":"regular","id":"IV-B","ref":"ORD 5081","it":"public_hearing","t":"Public hearing / ordinance to conditionally zone 21 (property)","desc":"Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 21 London Road from Commercial Industrial District to Residential Expansion - Conditional Zone, and to amend the Future Land Use Map from Industrial/Manufacturing to Urban Corridor. This public hearing was advertised on February 16 and 23, 2024. On February 27, 2024, this public hearing was continued to March 26, 2024, per the applicant’s request. On March 26, 2024, this public hearing was continued to this date, per the applicant’s request. Project Location and Contacts: - The project site totals 2.63 acres located at 21 London Rd (PIN 9647-89-2135) - Owner: London Asheville LLC Summary of Petition: Project Site - The project area consists of one property totalling 2.63 acres located at 21 London Rd and is identified in the Buncombe County land records as PIN 9647-89-2135) - The site is currently zoned Commercial Industrial (CI), which is the predominant zoning for the surrounding area. - The site is currently vacant with the previously existing 1-story garage building recently demolished. - Sweeten Creek is located to the northeast of the property with a 30'-wide stream buffer located on the property. - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated “Industrial/Manufacturing”, which reserves land with good access to transportation systems to support the economic section for light industry and office or business incubators. - While Industrial/Manufacturing may include opportunities for housing for workers who may live amongst or adjacent to the industry or other businesses in the area, the property is adjacent to properties along Sweeten Creek Rd and London Rd designated as “Urban Corridor.” Therefore, a change to the Future Land Use map is recommended. Overall Project Proposal - New building construction includes a new six-story building with a total of 208 units of multi-family housing. - Four stories of residential construction are proposed above two stories of structured parking - Other site improvements include structured parking, new sidewalks, and a pool and amenity area. Site Layout and Design - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. - The maximum building height of the proposed project is 74 feet. - The project is seeking a technical modification for maximum building height. - Maximum density in the RES EXP district is 20 units/acre or 50 units/acre if at least 20% of the dwelling units are affordable at 80% AMI. - The proposed project’s density is 79.1 units/acre. - The project is seeking a technical modification for maximum residential density. - Front yard, rear yard and side yard setbacks of 15 feet are required in the RES EXP district. - The project proposes no front yard setback, 5' side yard setbacks, and a 10' rear yard setback. - The project is seeking a technical modification for setbacks. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. - The proposed project would result in a total impervious area of 63%. Access, Sidewalks and Parking - Access to the site will be provided by two entrances into the proposed structured parking. - The main pedestrian entrances to the building are at the eastern end of the north elevation and the southern end of the west elevation. - A total of 223 parking spaces are proposed for the project. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 208/412 for the RES EXP district. - Bicycle parking is required at a rate of 5% of the total number of vehicle parking spaces, which equates to 11 required bicycle parking spaces. The project is proposing 99 bicycle parking spaces. - The pedestrian network in general along Sweeten Creek Rd and at the intersection of London Rd is problematic with few crosswalks and many areas without a sidewalk. - NCDOT has a planned roadway improvement project for Sweeten Creek Rd (currently slated for construction in 2031) but it does not include this section of roadway. - The City’s Transportation Department is currently assessing the feasibility of a sidewalk along London Rd, between Sweeten Creek and W. Chapel Roads. - The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary access corridor and internally throughout the site. - The project is proposing a new 10.5'-wide sidewalk along London Rd. The project proposes 5'-wide sidewalks internal to the site. - The project is seeking a technical modification for sidewalks internal to the site and for the required sidewalk on Sweeten Creek Rd. The project has a very small portion of its property fronting on Sweeten Creek Rd and the roadway is constrained as it travels east across the bridge, which is not on the subject property. - London Road is served by Asheville Rides Transit (ART) route S1. The closest transit stop (#648) is located at the corner of Sweeten Creek and London Roads, approximately 150’ north of the subject property. - As recommended by City transit planning staff, the project proposes relocating this bus stop to an area adjacent to the project, with the exact final location to be determined, and improved to a bus shelter. Landscaping / Open Space / Tree Canopy - Landscape requirements apply, including street trees, building impact, and parking deck landscaping. - Street trees are required as being one small maturing tree for every 30 linear feet of property abutting a street, as there are overhead utilities present, which equates to 16 trees required along London Rd. - The applicant is proposing 12 large maturing trees in tree grates, which would be required if there were no overhead utilities. - The project is requesting a technical modification for the required street tree on Sweeten Creek Rd. - The project is seeking a technical modification for street trees to be located in tree grates instead of a planting strip. - Exposed parking decks are required to plant a minimum of one tree and two shrubs for every 30 linear feet of the parking structure's perimeter, with trees being planted within 20 feet of the structure. The project has 250 linear feet of exposed parking deck, and proposes the required 8 trees and 16 shrubs. - Building impact landscaping is required as being one tree and two shrubs for every 1,000 square feet of building footprint, equalling 64 trees and 128 shrubs. - Open Space is required at a rate of 50% of the site, or a rate of 20% of the site if the project meets the incentive requirements for either enhanced stormwater or affordable housing. Open space can be further reduced to 15% if the proposed open space meets certain design and operational standards. The project proposes 50% open space as required, equaling 1.35 acres. - The project proposes to meet Tree Canopy Preservation requirements of 16% through a combination of 12% preservation and 4% plantings. The project site is classified as \"Suburban\" under the Tree Canopy Preservation standards, with a classification of “Class C”. The site has an existing tree canopy of 37%. Technical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process including: - Maximum building height of 75’ instead of the 60’ maximum. - Maximum residential density of 80 units/acre instead of the 20 units/acre maximum. - Setbacks of 0’ for the front yard, 5’ for the side yards, and 10’ for the rear yard, instead of the required 15’ setback for all yards. - 5’-wide sidewalks internal to the site instead of the required 10’-wide standard, - No sidewalk as required on Sweeten Creek Rd. - No street tree (1) as required on Sweeten Creek Rd. - Street trees to be located in tree grates along London Road where a planting strip is required.  - No bike lanes into the development. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Make Streets More Walkable, Comfortable and Connected - by eliminating gaps in the city-wide sidewalk network.. - Improve the Multimodal Transportation System - by enhancing transit-supportive infrastructure such as bus shelters. - The proposed rezoning is compatible with the proposed Future Land Use designation of \"Urban Corridor\", which is proposed, in part, as “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”. Compatibility Analysis: - The proposed multi-family project is compatible with the surrounding land uses, including: - Commercial and mixed-uses along Sweeten Creek Rd and London Rd, as well as in and around Biltmore Village. - Multi-family residential uses, planned and existing, to the north of the project site along Fairview Rd. - Residential single-family uses to the southwest and east of the project site.  Committee(s): - Technical Review Committee (TRC) - December 18, 2023 - approved with conditions. - Planning & Zoning Commission (PZC) - February 7, 2024 - approved (Vote 6:0) Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) Vacant site, 30’-wide stream buffer; (2) New 6-story multi-family building; (3) 208 residential dwelling units; (4) Other site improvements: structured parking, sidewalks, and a pool/amenity area; (5) 223 parking spaces, 99 bike parking spaces; (6) Access by two new driveways into parking garage; (7) 10.5’-wide sidewalk on London Rd, 5’-wide sidewalks internally; and (8) ART route S1 and stop #648. Regarding the landscape plan, (1) Landscaping standards: street tree, building impact, and parking deck screening; (2) Open space at 50% of site (1.35 acres); and (3) Tree Canopy Preservation standards met through combination of preservation and new tree plantings. Regarding conditions, (1) A new bus stop and shelter, designed to standard city specifications, will be installed adjacent to the project with the final location to be determined in coordination with City staff; (2) Technical modifications: (a) Maximum building height of 75’ instead of the 60’ maximum; (b) Maximum residential density of 80 units/acre instead of the 20 units/acre maximum; (c) Setbacks of 0’ for the front yard, 5’ for the side yards, and 10’ for the rear yard, instead of the required 15’ setback for all yards; (d) 5’-wide sidewalks internal to the site instead of the required 10’-wide standard; (e) No sidewalk as required on Sweeten Creek Rd; (f) No street tree (1) as required on Sweeten Creek Rd; (g) Street trees to be located in tree grates along London Road where a planting strip is required; and (h)  No bike lanes into the development. He then showed building elevations, along with an architectural rendering. He showed pictures of the different street views from various angles. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Mr. Derek Allen, attorney representing the applicant, responded to various questions from City Council, some being, but are not limited to: is the project either available for a renewable energy plan or does it have a renewable energy plan; is there a plan for a sidewalk on Sweeten Creek Road on the other side of the bridge; was a Traffic Impact Study performed and if so, what did it show for that area; and what was the outcome of the neighborhood community meeting. Mr. Allen then read a condition that “the applicant will make good faith efforts to follow (and will expect its subcontractors to follow) the principles set forth in the Federal Procurement Regulations of 24 CFR 85.36(e) regarding contracting with small and minority firms and women’s business enterprises, as modified as follows: (a) applicant will take affirmative steps to assure that minority firms and women’s business enterprises are used where possible; and (b) affirmative steps will include (i) placing qualified small and minority businesses and women’s business enterprises on solicitation lists; (ii) assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; (iii) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; (iv) conducting job fairs in minority neighborhoods; (v) working with the YMI, Mountain BizWorks and other local non-profit agencies that serve the minority communities in Asheville; and (vi) requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in this section.” Mr. Warren Suggs, civil engineer for the project, said that even though a Traffic Impact Analysis was not required for this project, they performed one, which the N.C. Dept. of Transportation agreed with their findings. He said that 80% of the traffic will go toward Sweeten Creek Road and 20% will move towards Shiloh. Mayor Manheimer opened the public hearing at 7:39 p.m. Robert Robinson spoke in support of this conditional zoning. Mayor Manheimer closed the public hearing at 7:41 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Kilgore","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":10},{"d":"2024-05-28","mt":"regular","id":"IV-C","ref":"ORD 5082","it":"public_hearing","t":"Public hearing / ordinance to conditionally zone 57 Max (property)","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to consider the conditional zoning of 57 Max Street from RS-8 Residential Single-Family High Density District to RM-8 Residential Multi-Family Medium Density District - Conditional Zone for the purpose of adaptive reusing the Cappadocia Church into 3 residential units. This public hearing was advertised on May 17 and 24, 2024. Project Location and Contacts: - The project site totals 0.266 acres at 57 Max Street | Pin: 9648-59-7392 - Owner: Preservation Society of Asheville and Buncombe County Inc. Summary of Petition: Project Site - The project site consists of one property totalling 0.266 acres, and is located at 57 Max Street across from the Stephens-Lee Community Center. - The project site is occupied by the vacant Cappadocia Church building. - The property was acquired by the Preservation Society to protect the building from demolition in the East End neighborhood. - The project is seeking a conditional zoning to permit the preservation of the building and its adaptive reuse for three multi-family units. - The site is designated as “Traditional Neighborhood\" on the city’s Future Land Use (FLU) Map. - A change in Future Land Use is not required. Living Asheville. - The project is located in the East End/Valley Street neighborhood. Overall Project Proposal - The project proposes to convert the existing church building into 3 residential units with associated infrastructure. - The existing church building has historical importance to the East End Neighborhood and is owned by the Preservation Society of Asheville and Buncombe County Inc. - The facade elements of the existing building will be substantially preserved. - The project includes 3 residential units, four parking spaces, bicycle parking, and a new access from Max Street. - The requirements of UDO Sec. 7-10-8 Neighborhood-scale multifamily design standards do not apply due to the adaptive reuse of a historically significant existing building. Access, Sidewalks and Parking - Access to the site is proposed by a new drive access from Max Street northeast of the intersection with Old Max Street. - The driveway is shown as 12 feet in width widening to 16 feet in width for the parking aisle. - The project will provide compliant parking for vehicles and bicycles. - Sidewalks are shown on site and reconstructed along Max Street. - The applicant is coordinating with City Transportation on the proper configuration of Old  Max Street along the frontage of the property. - Parking is along the side of the building and grading will take place requiring a retaining wall to the east that will be 9’ max height and facing toward the property with landscaping at the top and bottom of the wall. Landscaping & Buffer Requirements - The rezoned property abuts RS-8 and requires a 20’ property buffer along the eastern boundary. - The applicant is seeking a technical modification for the required 20 foot property buffer to the adjacent property zoned RS-8. - The change in grade and associated retaining wall faces internal to the site and additional plantings along the top of the wall mitigate visual impacts to the abutting property. - The site has been configured to accommodate additional landscaping and dedicated space for resident use as garden spaces. - The project proposes to provide 3 dedicated 4’ by 8’ garden plots for residents at the base of the retaining wall. - Tree Canopy Protection required at 15% will be achieved through planting one tree for 1.48% and the remainder paid as fee in lieu. Technical Modifications - The project is seeking the following technical modifications through the conditional zoning process: - The project shows a modified landscaping and required type A 20’ buffer along the eastern edge of the property to accommodate several requirements and improvements to the site. - The site changes in topography from the RS-8 district which includes a 5’ to 9’ (max) height retaining wall facing internal to the site. - At the top of the retaining wall, a row of 23 evergreen shrubs screen the abutting parcel. - At the base of the retaining wall buffer plantings will include 7 trees and 50 shrubs. - The buffer area to the southeast of the property at the base of the retaining wall accommodates the required safe accessible dispersal area. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by prioritizing greater densities of development overall as a means of achieving more walkable and efficient urban environments and as a tool to help protect and preserve open space and the natural environment. - Increase and Diversify the Housing Supply - by increasing the supply and variety of housing types, especially in existing neighborhoods and proximity to schools, transit, and public amenities. - Promote Great Architecture and Urban Design to Enhance Placemaking - by promoting adaptive reuse as a means of conserving materials, history, and embodied energy in buildings. - The proposed development is compatible with the Future Land Use designations of “Traditional Neighborhood\": - Traditional Neighborhood: “In a traditional neighborhood, the types of housing can vary and often include a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes and multifamily apartments  usually located seamlessly together. Compatibility Analysis: - The proposed adaptive reuse and 3 unit multi-family project is generally compatible with the surrounding land uses, including: - The site abuts RM-8 districts along the southern and eastern boundary. - Includes the adaptive reuse and general preservation of an existing building of historic significance. - Medium density single-family residential land uses located in the surrounding vicinity on smaller lots. - The existing building is preserved resulting in no increased height, mass, or floor area. - The required neighborhood meeting provided a substantial engagement opportunity for the community. - Technical Review Committee (TRC) - March 18, 2024 - Approved with conditions. - Planning & Zoning Commission (PZC) - May 1, 2024 - Recommend Approve, 5-0. Staff Recommendation: - Staff supports this rezoning request based on the reasons stated above. Mr. Mitchell reviewed the aerial imagery map. Site details include (1) Located in the legacy neighborhood of East End; (2) Future Land Use - Traditional Neighborhood; (3) Across the street from Stephens-Lee Community Center; (4) Existing building to be rehabilitated; (5) Property abuts “paper street”/alley; (6) Property owner is The Preservation Society of Asheville and Buncombe; (7) Site is walkable to downtown; and (8) N5 Transit Route on nearby Martin Luther King Drive. About the site plan (the current zoning is RS-8 and the proposed zoning is RM-8 Conditional Zone, (1) Adaptive reuse of existing church building to 3 multi-family residential units and associated infrastructure; (2) 0.266 Acres Total; (3) Site currently has no driveway access. Land partially fronts on Old Max Street; (4) Primary frontage and access to be constructed from Max Street. Maximum driveway grade is 19.6%; (5) New construction: Parking lot, Retaining walls, Sidewalk (internal & Max St.), Garden area, and Landscaping; and (6) 4 total parking spaces, 1 accessible, 2 bicycle. (Meeting CoA requirements). Regarding the landscape plan, (1) Landscaping standards: Street trees and buffer to RS zone required; (2) Open Space not required; (3) 20’ buffer required - technical modification requested; (4) Parking, street buffer and building do not apply; (5) TCP (met with on site planting 10.2% and fee in lieu ); (6) Open space not required; (7) Retaining wall landscaping details indicate natural or artificial stone; and (8) Tenant garden spaces. The technical modification regarding the buffer is (1) Modification for buffer width and plantings - Required = 20’ from RS District; and (2) Average width reduced to 14.2’: (a) Accommodation for safe disposal area; (b) Part of buffer area dedicated to garden spaces for residents; and (c) Modified planting counts to achieve optimal design and screening proposed as: (i) 4 small deciduous trees; (ii) 11 large shrubs (all evergreen); (iii) 23 medium shrubs (all evergreen and at top of retaining wall); and (iv) 26 small shrubs (all deciduous). The Technical Review Committee and the Planning & Zoning Commission voted to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan, the East End Vision Plan and the Compatibility Analysis. He said that based upon the application materials and our analysis thereof, staff finds that the application is  consistent with several of the City of Asheville goals, ordinances, and adopted plans for the location and use. Accordingly, staff concurs with the Planning & Zoning Commission’s recommendation to approve the Conditional Zoning petition. In response to Councilwoman Roney, Mr. Mitchell said that he has not talked with the applicants about renewable energy plans since this is an adaptive reuse of an historic building; however, there will be energy efficiency improvement funding from the state, but the state has not released its program information yet. Jessie Landl, Executive Director of the Preservation Society of Asheville-Buncombe County, was excited to explain how the project came to be and how they worked with the neighborhood. Their goal is that the three units be affordable structures Mayor Manheimer opened the public hearing at 7:58 p.m. Robert Robinson spoke in support of this conditional zoning, noting that the Unified Development Ordinance needs revisions as conditional zonings are burdensome and expensive for developers. Jim Abbott said that the East End/Valley Street Neighborhood Association strongly supports this conditional zoning. Councilwoman Smith spoke in support of adaptive reuse of churches for affordable housing. She noted it would be a great benefit to keep neighborhoods in tact and faith-based communities to keep their properties alive Mayor Manheimer closed the public hearing at 8:04 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2024-05-28","mt":"regular","id":"V-A","ref":"RES 24-113 / ORD 5083","it":"resolution","t":"Resolution authorizing a contract with Illumined Leadership Solutions for a community facilitator for the Boosting the Block project","desc":"","c":"Contracts & Procurement","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":12},{"d":"2024-05-28","mt":"regular","id":"V-A-budget","ref":"ORD 5083","it":"ordinance","t":"Budget amendment for the Boosting the Block project","desc":"Downtown Projects Manager Dana Frankel said that this is the consideration of adoption of a resolution authorizing the City Manager to execute a contract with Illumined Leadership Solutions for community engagement and overall support through implementation of the Boosting the Block project funded by the Mellon Foundation; and an associated budget amendment in the amount of $3,000,000. Background: - City Council adopted “Reimagining Pack Square Plaza: A Vision Plan” (Pack Square Plaza Vision Plan) at their September 26, 2023 meeting as a result of a planning and engagement process led by the McAdams Company and City and County staff. - The City received a $3,000,000 grant from the Mellon Foundation’s Monuments Project to move the following elements of the plan forward: design and engineering for reshaping Pack Square; design, engineering and construction to better connect The Block and enhance its cultural character (“Boosting the Block”); and programming and education around more inclusive storytelling and history efforts in our community. - The first proposed investment in the Boosting the Block project is hiring a Community Facilitator to lead engagement and support all aspects of community organizing, planning, conceptual design and implementation of the project deliverables. - Boosting the Block project deliverables include construction of a physical gateway and cultural corridor between Pack Square and The Block; increased capacity of neighborhood anchors to shape and influence the future of The Block; enhanced public spaces and programming that authentically narrates the past, present and future of The Block; and consensus and implementation of neighborhood identity of and marketing for The Block. - An RFP process to hire a Community Facilitator launched on November 17, 2023; 11 proposals were received; 2 rounds of interviews took place by a selection committee that included City and County staff and community representatives - A collaborative partnership between Illumined Leadership Solutions and BennettWeston Consulting was selected based on their qualifications, experience and proposed approach to the project. - The facilitator is anticipated to work for 27-30 months, the entire length of the Boosting the Block project. Vendor Outreach Efforts: - Staff conducted outreach to all MWBE vendors registered with the City of Asheville that provide services related to communications, project management, consulting and community development as well as additional outreach to local business and community organizations. - Prime contractors were also required to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The selected vendor (Illumined Leadership Solutions) and the partnering firm (BennetWeston Consulting) are both MWBE certified. - There will be additional City contracting opportunities as part of the Boosting the Block project including for a consulting artist/creative strategist, community coordinator, marketing/promotion related needs, event production, design/engineering and construction. - Illumined Leadership Solutions and BennettWeston Consulting will coordinate with City staff to contract with local MWBE vendors.  Committee(s): - March 13, 2023 - Planning and Economic Development Committee recommended that City Council authorize staff to apply for and accept Mellon Foundation funding to implement the Pack Square Plaza Vision Plan, including design and construction of a gateway corridor on S.Market Street to connect Pack Square and The Block - April 11, 2023 - City Council adopted a resolution to authorize staff to apply for and accept Mellon Foundation funding to implement the Pack Square Plaza Vision Plan, including design and construction of a gateway corridor on S.Market Street to connect Pack Square and The Block - August 14, 2023 - Planning and Economic Development Committee recommended approval of the Pack Square Plaza Vision Plan - September 26, 2023 - City Council adopted the Pack Square Plaza Vision Plan - February 12, 2024 - Planning and Economic Development Committee voted 3-0 to recommend that City Council authorize staff to execute a $180,000 contract with the selected Community Facilitator. - March 7, 2024 - Staff presented information about the RFP evaluation process to City Council as part of the Agenda Briefing. - March 12, 2024 - Staff presented information about the RFP evaluation process as well as additional information requested in the Agenda Briefing. No vote occurred. Pro(s): - This grant-funded project will implement aspects of the community’s vision as laid out in the Pack Square Plaza Vision Plan as applicable to The Block. - The hiring of a community facilitator will support further engagement and planning on aspects of design and programming, and ensure implementation that’s aligned with the community’s vision. Con(s): - None Fiscal Impact: - Funding for this contract is available as part of the associated budget amendment. - While matching funds are not required for this grant, additional funding in the General Capital Projects Fund has been identified to support the Boosting the Block project. - Staff will work to assess City funding capacity and identify other funding opportunities (beyond the existing Mellon Foundation grant) to implement future phases of the Pack Square Vision Plan. Ms. Frankel highlighted the following key takeaways from her presentation: (1) Boosting the Block is one of three projects funded by a $3 million grant from the Mellon Foundation that will build on and implement recommendations of the Pack Square Plaza Vision Plan (in this case, specific to The Block area - Eagle/S.Market Streets); (2) The Boosting the Block project will include extensive and strategic community engagement, and will ultimately result in construction of a physical gateway and cultural corridor between Pack Square and The Block, along with enhanced public spaces and increased community capacity; (3) An RFP and extensive evaluation process took place to select a community facilitator to support all aspects of community organizing, planning, design and project implementation; (4) A collaborative partnership between Illumined Leadership Solutions and BennettWeston Consulting was selected based on their qualifications, experience and proposed approach to the project. Both firms are MWBE certified; (5) There are additional local contracting opportunities as part of the project for a community coordinator, consulting artist/creative strategist, marketing/promotion, event production, design/engineering and construction; and (6) With May 28 City Council authorization of the community facilitator contract, anticipated project kick-off is July 2024. The Mellon Foundation funding is available through Dec 2026.  She outlined the following City Council actions/directions as follows: (1) Apr. 11, 2023: City Council adopts resolution to authorize staff to apply for and accept Mellon Foundation funds to implement recommendations of the Pack Square Plaza Vision Plan; (2) Sept. 26, 2023: City Council adopts the Pack Square Plaza Vision Plan; (3) Feb. 12, 2024: City Council’s PED Committee recommends authorization for staff to execute a $180,000 contract for a community facilitator to support the Boosting the Block project following an RFP and selection process; (4) Feb. 27, 2024: City Council requests more information about community facilitator selection process; (5) March 7, 2024: Staff provide presentation at agenda briefing with more information about community facilitator selection process; (6) Mar. 12, 2024: Consideration to authorize community facilitator contract; no vote taken; and (7) May 28, 2024: City Council to consider authorizing staff to execute a $180,000 contract with Illumined Leadership Solutions (partnering with BennettWeston Consulting), both NC-based Black and women-owned business, for community facilitator services to support the Boosting the Block project following an RFP and selection process. Regarding Boosting the Block, (1) One of three projects funded by the Mellon Foundation Monuments Project Initiative; (2) Boosting the Block ($1.8M) (a) A physical gateway and cultural corridor between Pack Square and The Block; (b) Enhanced public spaces and programming in alignment with the community’s vision and in a way that authentically narrates the past, present, and future of The Block; (c) Consensus and implementation of neighborhood identity and marketing for The Block; and (d) Increased capacity of neighborhood stakeholders to help shape and influence the future of The Block; (3( Reframing the Square ($1.1M) - Design and engineering for Pack Square Plaza (based on Vision); and (4) Sharing our Stories ($163,400) - Partnership with Buncombe County Library to expand history and story-telling initiatives. Regarding the community facilitator scope and role, it will be to support all aspects of community organizing, planning, communications, design and implementation of project outcomes. This includes (1) Communications and Engagement (a) Lead engagement and serve as a liaison for City and community; (b) Foster authentic collaboration and facilitate successful outcomes; and (c) Ensure appropriate engagement on other Mellon Foundation projects; (2) Project Management (a) Create and manage work plan in alignment with City, community and grant; (b) Plan and execute learning opportunities, temporary activations and events to support the design and implementation process; and (c) Facilitate capacity building for the further establishment and success of the neighborhood; and (3) Strategic Planning (a) Compile research and plans to lay a foundation for strategic planning and investment; and (b) Expand community participation and explore partnerships to support the long-term well being of the district and elevate outcomes. The $180,000 budget available for 27-30 month contract Project resources and next steps include (1) 2.5 year work plan to be developed by community facilitator in collaboration with community stakeholders and city/county staff; (2) Broader public engagement to take place with focus on communities with connections to The Block (past, present, future); (3) Local community coordinator under a separate contract to be hired to support additional community involvement during year 1 of project, and capacity building for The Block Collaborative; (4) Additional local contracting opportunities: Community coordinator (~$25,000); Creative strategist/consulting artist (~$12,500); Marketing/promotion/advertising (~$15,000); Community celebration production (~$15,000); Design/Engineering ($166,325); and Construction (up to $1,638,250); and (5) Project page: www.ashevillenc.gov/boostingtheblock. Councilwoman Roney was pleased that 100% of the applicants are MWBE, which speaks to the work that our staff and the community did around engagement. She felt that no matter what happens with the decision, it will positively impact the outcomes of our disparity study. She knows that takes relationships and time. She noted that four applicants are local companies which is a potential opportunity to invest in capacity building for this and other projects but she  hears and acknowledges community concerns that the resulting recommendation is currently missing subject matter experts, like local history and zoning impacts that she hears will be critical for the project’s success. She appreciated the subject matter experts on local issues may include non-local companies including displaced people, and she appreciated the City’a stated commitment on this process moving forward; however, she could not support the action today When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and ordinance and they would not be read.","c":"Economic Development","mo":"individual","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2024-05-28","mt":"regular","id":"VI-A","ref":"RES 24-114 / RES 24-115","it":"resolution","t":"Resolutions directing publication of notice of intention to apply to the LGC for approval of GO Bonds and making statements of fact concerning the proposed bond issue","desc":"","c":"Budget & Finance","mo":"individual","mv":"Turner","sec":"Kilgore","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1Dvg6cv7gDsrYIpp-NcgTff2t_X5Y-6SJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2024-06-11","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of combined minutes of the May 23, 2024 agenda briefing worksession and the formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-06-11","mt":"regular","id":"II-B","ref":"RES 24-116","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Urban Canopy Works LLC for the Urban Forest Master Plan","desc":"Background: - In 2017, the Asheville Urban Forestry Commission recommended that the City develop a logical long-term approach to improve the condition of our urban forest and reverse the loss in the City’s tree canopy. - Working with an independent consultant and the Commission, the City conducted an Urban Forest Sustainability and Management Review of all its urban forest-related programs and policies. The results and recommendations of the sustainability review were presented to the City Council in February of 2018. - Since that time, an Urban Forester has been hired, tree canopy protection ordinance amendments passed and a search for a consultant to develop and implement an Urban Forestry Master Plan began. - The Urban Forestry Master Plan and the award of this contract support goals 20 and 23 of the Comprehensive Plan promoting the theme of “Harmony with the Natural Environment”. - Project deliverables include Public Tree inventory of 15,000 trees, a follow-up canopy assessment to the 2018 study, robust non-traditional public engagement, development of a master plan to guide the City’s tree canopy management for the next 10-20 years Vendor Outreach Efforts: - A Request for Proposals (RFP) process to hire a Master Plan Consultant was launched on March 15, 2024; 3 responsive proposals were received; proposals were reviewed by an 8 member review team that consisted of Planning and Urban Design staff, Sustainability staff and members of the Urban Forestry Commission. - As a result, the outreach and engagement followed the City’s business inclusion processes. . - Staff issued a Request for Proposals in March 15, 2024, and received three responsive proposals from the following firms: - Davey Resource Group, Kent, OH: $286,960 - Urban Canopy Works, Union, KY: $269,000 - Eocene Environmental Group,Des Moines, IA: $165,095 - After the proposals were reviewed by the 8 member review team, Urban Canopy Works was selected as the prime consultant for the project. - Urban Canopy Works, LLC, a woman-owned small business specializing in the advancement of trees and tree canopy in urban and developed areas. - The lowest bidding response showed the least relevant experience with urban tree canopy and therefore did not score as highly as the other respondents. - The Consultant is anticipated to work for 22 months or when all deliverables are met.  Committee(s): - Urban Forestry Commission - June 4, 2024 - Adopted Unanimously (7-0) Pros: - The work from this contract will: - Establish a baseline inventory of up to 15,000 public trees and begin using a management system to prioritize work, plantings and maintenance. - Provide a robust public engagement plan to first educate citizens to urban forestry, its management and the pressures currently affecting the quality of life in Asheville. - Develop strategic policy, planning, best practices, and innovative approaches to forest stressors and climatic conditions for the next 20-30 years. - Create baseline modeling and analysis to adapt to our forests and trees to known and unknown issues that will affect our natural resources. - Set Goals to accomplish measurable impact - Develop a comprehensive nature based implementation plan so we can hit the ground running before the Plan is finalized and/or Adopted. Con: - None Fiscal Impact: - Funding for this contract is available in the Planning and Urban Design Department’s operating budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-06-11","mt":"regular","id":"II-C","ref":"RES 24-117","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Appalachian Paving and Concrete Inc. for the utility cut concrete repair project","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility Program. - This program is an enterprise fund that is supported by the participation and work generated by partner agencies (Metropolitan Sewerage District, Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division), and individual permit fees from other, typically lower volume customers. - As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. - Due to the amount of utility cuts being performed the funding originally encumbered in the contract is being depleted quicker than anticipated. - The requested funding will carry the contract into the next fiscal year and serve as a bridge to a new contract or having City forces take over the work. Vendor Outreach Efforts: - N/A - This is a contract amendment.  Committee(s): - None  Pro(s): - Approval of the amendment will allow for utility cuts performed by program partners to be repaired expeditiously. Con(s): - This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed. Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partner agencies participating in the program. The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery. - Funding for this amendment is available in the FY 2023-24 Street Cut Utility Fund operating budget.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-06-11","mt":"regular","id":"II-D","ref":"RES 24-118","it":"resolution","t":"Resolution of support for two N.C. Dept. of Transportation projects and authorization to execute associated maintenance agreements (Spot Safety)","desc":"Background: - These projects are funded and will be completed by NCDOT, with no local match required. - Any project that uses Small Construction Funds and/or High Impact/Low Cost Program funds and exceeds a total project cost of $250,000 requires a resolution of support from the appropriate local government entity. - Therefore, this action will provide a resolution of support for two projects meeting these requirements: - NCDOT Spot Safety Project to construct sidewalks along sections of US19/23/74ALT – Smokey Park Highway; and - NCDOT Spot Mobility Project to extend the southbound right turn lane on US 25 (Hendersonville Road) at NC 146 (Long Shoals Road) to reduce congestion, add a sidewalk, and provide an ADA-accessible bus pad. - The Smokey Park Highway Sidewalk Spot Safety Project has an estimated project budget of $750,000 and includes several sections of new sidewalk on both sides of the I-40 interchange in order to fill gaps in existing sidewalks to improve safety and connectivity. - The US 25 Spot Mobility Project includes the extension of the southbound right turn lane on US 25 (Hendersonville Road) at NC 146 (Long Shoals Road) and is intended to provide capacity for southbound vehicles on US 25 turning west on NC 146 to reduce congestion. The project will include constructing new Americans with Disabilities Act (ADA)-compliant sidewalks and also, per City of Asheville request, a new ADA-accessible bus pad at the transit stop, which is also being relocated to be closer to the intersection. The Transportation Department has agreed to provide $5,100 toward the construction of the new bus pad. The project’s total cost is estimated to be approximately $1,150,000 which includes preliminary engineering, right-of-way acquisition, and construction. - The City maintains sidewalks on NCDOT roads. Sidewalk maintenance agreements would be required for the new sidewalks on both projects. The Public Works Department will be responsible for future maintenance of the new sidewalk. Vendor Outreach Efforts: - N/A. The projects are being completed and funded by NCDOT.  Committee(s): - Multimodal Transportation Commission - April 24, 2024 - information only. Pro(s): - Improves safety and mobility along two state-owned roads. - Reduces congestion on US 25 (Hendersonville Road) at NC 146 (Long Shoals Road). - Projects are managed and paid for by NCDOT, with no local match required. Con(s): - None Fiscal Impact: - Both projects are fully funded by NCDOT and require no City funds, with the exception of $5,100 for the cost of the ADA-accessible bus pad that the Transportation Department requested NCDOT construct with the project taking place on Hendersonville Road at Long Shoals. Sidewalks will be added to the public works maintenance inventory per the standard agreement with NCDOT.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-06-11","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing on conditional zoning of 767 New Haw Creek Road - continued to July 23, 2024","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"continuance","sq":4},{"d":"2024-06-11","mt":"regular","id":"V-A","ref":"RES 24-119","it":"resolution","t":"Resolution regarding the structure of a Downtown Business Improvement District (as amended)","desc":"Councilwoman Ullman provided brief highlights of the following proposed resolution which is presented for consideration: “WHEREAS, the Asheville City Council recognizes the importance of fostering economic growth and enhancing the vitality of local businesses to support Asheville, Buncombe County, and Western North Carolina at large; and WHEREAS, a Business Improvement District (BID) is a proven mechanism to improve and enhance the overall quality of life for residents and the business environment; and WHEREAS, BIDs provide a structured framework for businesses to collaboratively fund and manage needed services and improvements within a defined geographic area, which are above and beyond those already provided by the municipality; and WHEREAS, it is vital to be transparent and accountable to the public by defining the structure and services of the BID; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: The following serves as a statement of intent and direction to City staff to guide the preparation of the request for proposals (RFP) for a contracted service provider to administer the BID. This is not an exhaustive list. “BID Objectives - Be intentional about creating a downtown environment that is welcoming and inclusive to all, with a focus on engaging Asheville businesses, residents, and workers. - Provide services and management that improve the downtown experience and quality of life such as complimenting public safety, hospitality, enhancing cleanliness, and beautifying public spaces. - Create a nimble mechanism for championing and sustaining downtown improvement efforts for the long-term. - Increase business activity and attract new investment, with intention to support small independent businesses. “City Services: The City of Asheville has established a documented base level of pre-BID City services. By law, the BID will not replace any pre-existing basic City services. Instead, BID services are supplemental, and intended to enhance overall service delivery within its boundaries. City of Asheville Current Level of Service document. “BID Services: The BID will enhance services and support improvements as outlined through an initial 3-5 year strategic plan presented to the Asheville City Council by the BID service provider. Initial services will fit within the following general categories: - Safety & Hospitality Services: Direct, provide, manage, and/or enter into contracts for dedicated unarmed Community Stewards, sometimes referred to as ambassadors, who receive anti-racist training, equity training, mental health first aid training, and de-escalation training and who ideally have lived experience with poverty. Community Stewards will provide a highly visible presence; proactively engage with the public; provide directions and assistance; offer safety escorts on an on-call basis; and connect members of the unhoused community to resources like the Community Responders, Community Paramedics, homeless service providers, etc. Community Stewards will receive training as described herein, and to be further specified in the forthcoming RFP. - Enhanced Cleaning Services: Direct, provide, manage, and/or enter into contracts for enhanced cleaning and maintenance within the district. These activities will focus on: litter removal, debris sweeping, graffiti abatement, pressure washing, street furniture cleaning, weed removal, etc. - Special Projects: Special projects that enable the BID to react and respond to changing needs over time in a nimble way. Services in this category may look like: beautification and capital improvements, landscaping, holiday décor, activating underutilized public spaces, special events, services to support the retention and attraction of small independent businesses, etc. No lobbying will be supported with BID funds. - BID administration: BID funds shall pay for the costs of BID management, Steering Committee governance, overhead, etc. “Public Accountability: The guiding values for the BID are to have integrity, to be collaborative and nimble, to be transparent, and to be inclusive. To support this the following measures will ensure public accountability: 1. BID Service Provider: The City of Asheville intends to develop an RFP to hire a contracted service provider to deliver services of the BID and develop a BID Steering Committee in accordance with this resolution and subsequent contract. Pursuant to North Carolina law, the length of a service contract shall have a maximum duration of five years. 1.1. Competitive RFP and Public Hearing: Pursuant to N.C.G.S 160A-536, a contracted service provider for the BID may be secured through a competitive request for proposals following BID formation. The City intends to issue an RFP within 3 months of the adoption of this resolution. As required by statute, the City shall solicit additional input from residents and property owners within the BID as to the needs of the service district, and hold a public hearing before executing a contract with a service provider for the provision of BID services. 1.2. Public Records and Open Meetings: The BID Service Provider will comply with all public records and open meetings law for work associated with the BID contract and BID Steering Committee. 1.3. BID Steering Committee: The City of Asheville shall require the contracted service provider to establish a committee of local businesses and residents to steer the services and operations of the BID. This committee is subject to the following: - Terms: Members will serve staggered three-year terms, with a maximum of two successive terms, and will sign a conflict of interest form. - Steering Committee members must live within Buncombe County. - Voting Members - 4 Commercial Property Owners - 4 Business Renters - 3 Residential Property Owners - 3 Residential Renters - 1 Representative from the Block - 1 Representative from the Continuum of Care - 1 At-Large - Industry Representation: The following industries shall be represented within the makeup of the voting membership above: Food and Beverage; Entertainment; Hospitality; Office; and Retail. - Geographic Representation: The following geographies will be represented within the makeup of the voting membership above: North West of Patton / Broadway (Pritchard); South West of Patton / Broadway (South Slope); South East of Biltmore/College (The Block); and North East of Broadway / College (Pack Square). - Ex Officio Members: The following non voting members will participate in the Steering Committee: a current City Council Member, the City Manager or Designee, and the County Manager or Designee 1.4. BID Steering Committee Appointments: The application, nomination, and appointment process for membership on the BID Steering Committee will be subject to public records and open meetings laws. The initial BID Steering  Committee will be compiled by the BID Service Provider and submitted to the City Council who may accept these nominations, or request that the BID Service Provider submit alternative nominees. To fill vacancies, the BID Steering Committee will submit nominations to the City Council who may accept nominations, or request alternative nominees. 1.5. Community Engagement: The BID service provider solicits opinions, feedback, and input annually, or more as needed, regarding the effectiveness of BID operations consistent with minimum requirements provided by BID statute, and otherwise to the reasonable satisfaction of the City. Input should be sought from individuals and groups that represent business, residents, and workers. This will ensure the voices of a cross-section of downtown stakeholders are taken into consideration. 1.6. Annual reports to Asheville City Council: The BID service provider shall be required to report at least annually to the City Council by presentation and through a written report regarding the needs of the service district, completed projects, and pending projects. In addition, the BID service provider shall provide an appropriate accounting for funds expended pursuant to the BID contract at the end of each fiscal year or other appropriate period. Prior to the annual report, the BID service provider shall seek input from the property owners, business owners, and residents of the BID regarding service needs for the upcoming year. 1.7. Annual BID budget and Tax rate: The Asheville City Council shall maintain final authority to approve the annual BID budget and set the yearly tax rate. 1.8. Five Year BID evaluation: In Year 4, the BID will undergo a formal evaluation to determine that services and assessment methods are consistent with the needs of the district. “Term of the District: The BID will be established with an initial term of 10 years. To extend the BID beyond the initial 10- year term, a new operating plan will be developed and made available to property owners and residents within the BID area, with the BID Steering Committee providing a recommendation to the City Council as to the need to continue the BID or pursue dissolution before the City Council.” Councilwoman Mosley suggested an amendment to the Public Accountability Section - Section 1 (BID Service Provider) to add the following sentence: In addition, the selected service provider shall be contractual bound to comply with Federal MWBE subcontracting requirements. After a brief discussion, Councilwoman Turner suggested an amendment to the Public Accountability Section 1, 1.4 (BID Steering Committee Appointments) to add the following sentence: All Committee applications will be made available to the City Council and the public for review prior to its consideration of the recommended nominations.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"contested vote","sq":5},{"d":"2024-06-11","mt":"regular","id":"V-B-1","ref":"ORD 5078","it":"ordinance","t":"Second and final reading of an ordinance creating a Downtown Asheville Business Improvement District","desc":"Mayor Manheimer said that the public hearing on this matter was held on April 23, 2024, and no further public comment will be taken.  Background: - The City Council is authorized to establish a Municipal Service District, also known as a “Business Improvement District” (hereinafter referred to as a “BID”) pursuant to N. C. Gen. Stat. 160A-537. - A BID is utilized in order to finance, provide, or maintain, within the defined district, certain services, facilities, or functions in addition to, or to a greater extent, than those already provided to the entire City. - A BID may only be established upon a finding by the City Council that the proposed district is in need of one or more of the services, facilities, or functions, as authorized by N.C. Gen. Stat. 160A-536, to a demonstrably greater extent than the remainder of the city. - North Carolina law requires the City Council to hold a public hearing on the BID, and provide a report containing (1) a map of the proposed district, showing its proposed boundaries; (2) a statement showing that the proposed district meets the legal standards; and (3) a plan for providing in the district one or more of the services listed in N. C. Gen. Stat. 160A-536. - In Spring 2023, the Asheville Area Chamber of Commerce (Chamber) began working with downtown stakeholders to address their concerns around services, safety, and cleanliness. - The Chamber contracted with Progressive Urban Management Associates (P.U.M.A.) to conduct a BID Feasibility Study and to prepare the required BID Operational Plan Report for Downtown Asheville. - On March 21, 2024, the Chamber submitted the BID Operational Plan Report to the City, and public notice has been provided to all property owners within the proposed BID that the report is available for public inspection for a period of four weeks, and that a public hearing on the BID will be conducted on April 23, 2024. - The City Council held a public hearing on April 23, 2024. At that meeting, over 60 people spoke at hearing on this matter. - The BID must be voted upon twice by the City Council. The first reading occurred on May 14, 2024, and the second and final reading is scheduled for June 11, 2024. - Following the first reading of the ordinance, staff was notified by the Buncombe County Tax Office that the original assessment needed to be revised to incorporate personal property values (in addition to real property values). This results in a revised tax rate of 0.0877 per $100 of taxable value to deliver the proposed services and budget included in the BID Operational Plan Report for Downtown Asheville. - The initial Ordinance to be considered by Council will be limited to establishing the BID, and setting the applicable BID tax rate. The governance structure for the BID may be determined separately, even at a later date but prior to the implementation of BID service delivery. Vendor Outreach Efforts: - n/a  Committee(s): - Downtown Commission: 3/22/2024 received presentation. - Downtown Commission: 4/26/2024 - a motion to recommend support of City Council implementing the BID map and tax district as currently proposed with conditions specific to BID implementation failed 4-4. The following were conditions included in the motion: - Additional public input on the RFP. - Consider the Downtown Commission as a body for review of the RFP and assisting City Council as desired. - Consider an open board application process (similar to how the City handles boards and commissions). - Require a community-wide annual survey to be included in the annual report to ensure greater input on what is prioritized. - Establish and clarify the training requirements for ambassadors/agents. - Provide clarity and definitions on the use of arms and level of authority for ambassadors/agents. - Consider additional programs such as community responders. Pro(s): - A BID would provide additional funding to meet the demonstrably greater need for certain services, facilities, and functions within the downtown district. Con(s): - The BID levies an additional property tax upon downtown property owners, and the effect of this may be passed on to tenants and customers. Fiscal Impact: - The proposed annual assessment rate is 0.0877 per $100 of taxable value (example: property with taxable value of $500,000 has an annual BID assessment of $459.50). - The BID proposed services and annual budget include: - Safety and Hospitality Services: $700,000 - Enhanced Cleaning Services: $300,000 - Contingency: $100,000 - BID Management and Administration: $150,000 - Total BID Budget: $1,250,000 Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Economic Development","mo":"individual","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"contested vote","sq":6},{"d":"2024-06-11","mt":"regular","id":"V-B-2","ref":"ORD 5084","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2025 Annual Operating and Capital Budget with a $0.63 property tax increase and pay plan adjustments","desc":"","c":"Budget & Finance","mo":"individual","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"contested vote","sq":7},{"d":"2024-06-11","mt":"regular","id":"V-B-3","ref":"ORD 5085","it":"ordinance","t":"Budget amendment of $100,000 to fund the City's contribution to the Economic Development Coalition","desc":"","c":"Economic Development","mo":"individual","mv":"Ullman","sec":"Turner","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"contested vote","sq":9},{"d":"2024-06-11","mt":"regular","id":"V-B-4","ref":"ORD 5086","it":"ordinance","t":"Budget amendment of $45,000 to fund the City's contribution to the Sports Commission","desc":"Mayor Manheimer said that the public hearing on the budget was held on May 28, 2024. Finance Director Tony McDowell said that this is the consideration of (1) Adoption of an ordinance adopting the Fiscal Year 2024-25 Annual Budget; (2) Motion to recuse Mayor Manheimer from voting on the attached budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Economic Development Coalition); (3) Adoption of a Fiscal Year 2024-25 budget amendment in the amount of $100,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Economic Development Coalition); (4) Motion to recuse Councilwoman Turner from voting on the attached budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Sports Commission); and (5) Adoption of a Fiscal Year 2024-25 budget amendment in the amount of $45,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the City’s annual contribution to nonprofits with which members of council are associated (Sports Commission). Background: - The Fiscal Year (FY) 2024-25 Proposed Annual Operating Budget was presented to City Council on May 14, 2024. - In accordance with the North Carolina Local Government Budget and Fiscal Control Act, a summary of the Proposed Budget along with a notice of the Public Hearing was published on May 17, 2024. - City Council conducted a Public Hearing on the Proposed Budget on May 28, 2024. - At the June 6, 2024 City Council Agenda Briefing, staff presented revised compensation options for Council’s consideration as part of the FY 2024-25 Budget Ordinance. Those options included the following: - A flat dollar increase of $4,053 for beginning on-shift Firefighters with a 2.5% separation between steps in the Fire Play Plan, which will boost the lowest paid on-shift Firefighter pay by 8.8% to $50,309; - An increase of 6.0% for employees on the Police Pay Plan, which will boost the lowest paid on-shift Police Officer pay to $50,309; and - An increase of $2,400 or 4.11% whichever is greater for all regular full-time permanent employees on the City’s other pay plans, which will boost the lowest paid employees’ pay by 6.3%. - Staff has included funding for those options in the attached Budget Ordinance. - To provide the necessary revenue to fund these compensation options and reduce the required fund balance appropriation needed to balance the budget, the Budget Ordinance includes a property tax rate increase of one cent, which will result in an FY 2024-25 property tax rate of 41.30 cents per $100 of assessed value. - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated. - In accordance with this law, funding that was included in the Proposed Budget for the Economic Development Coalition and the Sports Commission has been moved to City Manager’s Contingency. - City Council must take separate actions via the attached budget amendments to allocate funding to the Economic Development Coalition and the Sports Commission.  Committee(s): - N/A Pro(s): - Ensures City’s compliance with North Carolina General Statutes that require local governments to adopt a balanced budget ordinance by July 1 of each year. - General Fund and Enterprise Fund budgets are balanced for ongoing operating expenses, and all essential City services are continued. Con(s): - None Fiscal Impact: - As noted above, the FY 2024-25 General Fund budget is balanced and with a one cent increase to the property tax rate, which will result in an FY 2024-25 property tax rate of 41.30 cents per $100 of assessed value. It is estimated that this one cent tax rate increase will mean that the average residential taxpayer in the City of Asheville will pay $35.08 more in City property taxes in FY 2024-25. Finance Director Tony McDowell presented the following key takeaways from this presentation as follows: (1) Staff is seeking Council adoption of the FY 2024-25 Budget Ordinance; (2) The Fiscal Year (FY) 2024-25 revised Proposed Budget totals $250.88 million and includes: (a) Continued funding for essential community services in a time of rising costs; (b) A focus on employee compensation and benefits, with funding included for the three staff alternative compensation options discussed at the June 6 Council Agenda Briefing; and (c) Strategic utilization of fund balance along with a 1-cent property tax increase to fund salary adjustments and restore a small amount back to fund balance; and (3) To provide additional resources to address the City’s infrastructure needs, Council will take the next steps related to an $80M November 2024 General Obligation (GO) Bond referendum at your June 25th meeting. He then provided Council with the budget process and priorities overview, along with budget highlights of (1) ongoing investments in Council strategic strategic priorities; (2) new operating investments; and (3) compensation adjustments. He then reviewed the Capital Improvement Program and the General Obligation Bond. He then provided the following recent compensation change summary by stating that the the City has invested significant resources in compensation and benefits over the last three fiscal years, particularly in public safety - (1) Including a 2-cent property tax rate increase in FY 2021-22 to help fund Archer Study recommendations; (2) Starting on-shift Police Officer pay is 27% higher today than in FY 2020-21; (3) Starting on-shift Firefighter pay is 39% higher today than in FY 2020-21; and (4) Additional certification pays added in police and fire. He said staff’s original recommendation was (1) 4.11% compensation increase for all staff (a) $3.5M cost in General Fund; and (b) $940k cost in Enterprise Funds; (2) State-mandated increase in employer retirement contribution; (3) Additional employer contribution to cover increasing healthcare costs; and (4) Reinstate retiree health benefit. He then outlined the revised staff compensation options included in the budget ordinance as follows for the Fire Pay Plan: Provide a flat dollar increase of $4,053 for beginning on-shift Firefighters with a 2.5% separation between steps in the Fire Play Plan. This will boost the  lowest paid on-shift Firefighter pay by 8.8% to $50,309, and achieves parity with starting on-shift Police Officer pay (assuming a 6% increase for police). It provides longer-tenured employees who are further in the step plan a larger dollar increase which helps maintain the integrity of the step plan. Estimated Cost: $800k more than what was included in the initial Manager’s Proposed Budget. He then outlined the revised staff compensation options included in the budget ordinance as follows for the Police Pay Plan: Provide an annual increase of 6.0% for employees on the Police Play Plan. This will boost the lowest paid on-shift Police Officer pay to $50,309. Is consistent with the increase provided in the current fiscal year. APD currently has over 60 vacancies among sworn officer positions; additional salary increases is one of the strategies identified to help with retention and recruitment. Estimated Cost: $300k more than what was included in the initial Manager’s Proposed Budget. Finally he outlined the revised staff option for non-public safety: Provide an annual increase of $2,400 or 4.11% whichever is greater for all regular full-time permanent employees on the City’s other pay plans. This will boost the lowest paid employees’ pay by 6.3%. Approximately 490 employees would get a $2,400 increase and approximately 295 employees would get 4.11%. Estimated Cost: $160k more than what was included in the initial Manager’s Proposed General Fund Budget. The estimated cost to Enterprise Funds is $150k. He then said the staff revised options summary is as follows: Staff Option Pro’s: (1) Raises pay for starting on-shift Police Officers and Firefighters by 6.0% and 8.8% respectively, which is more than staff’s original 4.11% proposal; (2) Ensures similar increases across all classifications on the Fire Pay Plan to minimize compression and pay plan disruption; (3) Increases pay for non-public safety staff who make less than $58,000 by more than staff’s original 4.11% proposal; and (4) Does not reduce the original 4.11% increase for any staff. Staff Option Cons include (1) Requires either a property tax rate increase, greater usage of fund balance or some combination of both; and (2) May require additional adjustments after implementation and Human Resources review of the outcomes. He then showed a chart of the financial summary of salary options, along with the typical residential household impact. Regarding Capital Improvement Program highlights for the Enterprise Funds, (1) Water Resources - Revenue from approved fee increases will begin to address $240 million in identified maintenance needs of distribution system and water treatment plants; and (2) Parking Services - Revenue from approved fee increases will begin to address $11.3 million in identified maintenance needs in parking garages. General Obligation Bond next steps include (1) Additional information over the course of required Council actions to include referenda on ballot (a) June 25 - Introduce bond orders and set public hearing; and (b) July 23 - Hold public hearing, adopt bond order and set referenda; and (2) City Manager’s Office, CAPE, Finance & Management Services staff and outside organization(s) will coordinate communication and engage the community leading up to November 2024 vote. Councilwoman Ullman spoke in support of making sure our employees are paid a living wage and struggled on how to make that happen. She suggested a modest tax increase of one-cent so we do not dip into our Fund Balance, which may affect our bond program.","c":"Transportation","mo":"individual","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2024-06-11","mt":"regular","id":"V-B-recuse-Manheimer","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from voting on the budget amendment (Economic Development Coalition)","desc":"","c":"Economic Development","mo":"procedural","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"contested vote","sq":8},{"d":"2024-06-11","mt":"regular","id":"V-B-recuse-Turner","ref":"","it":"motion","t":"Motion to recuse Councilwoman Turner from voting on the budget amendment (Sports Commission)","desc":"","c":"Budget & Finance","mo":"procedural","mv":"Ullman","sec":"Mosley","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"contested vote","sq":10},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-120","ref":"RES 24-120","it":"appointment","t":"Resolution reappointing Tara Irby and Chris Day to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Affordable Housing Advisory Committee. The terms of Tara Irby and Chris Day, as members of the Affordable Housing Advisory Committee, expire on August 31, 2024. The following individuals applied for the vacancy: Alvarez Lopez Abernathy, Greg Borom, Jonathan R. Brown, Miriam E. Gary, Jen Hampton, Bill Hume, Tod Leaven, Christina Maimone, Zalika McDaniel, Monique LeEtta Pierre, Daran Smith and Stuart Zitin. The Chair and staff liaison of the Affordable Housing Advisory Committee recommended, and the Boards & Commissions Committee concurred, to reappoint Tara Irby and Chris Day.","c":"Housing","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-121","ref":"RES 24-121","it":"appointment","t":"Resolution reappointing Nate Hathaway to the Audit Committee and related appointments","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Audit Committee. The terms of Andrew Emory (at-large) and Nate Hathaway (CPA) expired on April 30, 2024. The following individuals applied for the vacancy: Michael Figuera and Nate Uzenski. The Chair of the Audit Committee recommended reappointment of Nate Hathaway. The Boards & Commissions concurred to reappoint Nate Hathaway and appoint Nate Uzenski.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"appointment/reappointment","sq":13},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-122","ref":"RES 24-122","it":"appointment","t":"Resolution reappointing Russell Thacher, Rick and related members to a board","desc":"Vice-Mayor Kilgore , Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Electrical Examiners.  The terms of Drew Pike (Utility representative), Russell Thacher (licensed engineer), Roger Vaught (layman), Rick Sluder (electrical contractor) and Garrett Twiss (journeyman ) expire on June 30, 2024.. The following individual applied for the vacancies: Willie Joe Moore III. Trevor Brooks was recommended for the utility representative position; however, the application was not received until after the deadline. The Boards & Commissions Committee recommended appointing Willie Joe Moore, III (layman) and Travis Brooks (utility representative); and reappointing Russell Thacher (licensed engineer), Rick Sluder (electrical contractor) and Garrett Twiss (journeyman).","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":14},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-123","ref":"RES 24-123","it":"appointment","t":"Resolution reappointing Michael Lusick and Matthew Lehman to a board","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"no material signals","sq":15},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-124","ref":"RES 24-124","it":"appointment","t":"Resolution reappointing Crissa Sinkovic and John Pierce to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Community Entertainment Facilities Commission (formerly the Civic Center Commission).. The terms of Crissa Sinkovic, Mukunda Pacifici and John Pierce expired on June 30, 2024. The following individuals applied for the vacancies: Sean Comeaux and Sean O’Connell. The Chair of the Commission recommended, and the Boards & Commissions Committee concurred, to reappoint Crissa Sinkovic and John Pierce and appoint Sean Comeaux.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"no material signals","sq":16},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-125","ref":"RES 24-125","it":"appointment","t":"Resolution appointing John-Michael Henson and Clifford Holt to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Asheville-Buncombe Historic Resources Commission. The terms of Maria Delsasi and Alexander Ellenbogen expired on June 30, 2024. The following individuals applied for the vacancies: John-Michael Henson, Clifford Cecil Holt Sr., Leslie Milling Humphrey and Carole H. Martin. At the request of the Chair and the staff liaison, it was the consensus of the Boards & Commissions Committee to appoint John-Michael Henson and Clifford Holt.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"no material signals","sq":17},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-126","ref":"RES 24-126","it":"appointment","t":"Resolution reappointing Kenneth Armstrong (greenway interest) and related members to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Multimodal Transportation Commission. The terms of Kenneth Armstrong (greenway interest), Joseph Chesler (transit interest) and Elyse Marder (bike/ped interest) will expire on July 1, 2024. In addition, Joseph Barker has resigned thus leaving an unexpired term until July 1, 2026. The following individuals applied for the vacancies: Enrique Baloyra, Cate Ryba, Jaik Smith, Benjamin Stover and Victoria Whitley.  At the request of the Chair, it was the consensus of the Boards & Commissions Committee to reappoint Kenneth Armstrong (greenway interest), Joseph Chesler (transit interest) and Elyse Marder (bike/ped interest) and appoint Cate Ryba.","c":"Transportation","mo":"individual","mv":"Kilgore","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":1,"mr":"policy category","sq":18},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-127","ref":"RES 24-127","it":"appointment","t":"Resolution appointing Trevor William Schmidt to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Neighborhood Advisory Committee. The terms of Bobette Mays (28803/28704) and Jaik Smith (at-large) will expire on June 30, 2024. The following individuals applied for the vacancies: Joseph Bonkowski and Trevor William Schmidt. At the request of the Committee, it was the consensus of the Boards & Commissions Committee to reappoint Jaik Smith (at-large), and appoint Trevor William Schmidt (28803/28704).","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"no material signals","sq":19},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-128","ref":"RES 24-128","it":"appointment","t":"Resolution appointing Jay Saunders as the restaurant industry member of a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Noise Advisory Board. The term of Lilliana Woody (restaurant industry) expired on November 1, 2023. In addition, Carmelo Pampillonio (acoustic/pro industry) has resigned, thus leaving an unexpired term until November 1, 2026. The following individuals applied for the vacancy: Michael Fulbright, Bruce Ikelheimer and Jay Sanders (restaurant industry). The Chair of the Noise Advisory Board recommended, and the Boards & Commissions Committee concur, to appoint Jay Saunders for restaurant industry representative; and Dr. Bruce Ikelheimer for Acoustic/Pro industry representative.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"no material signals","sq":20},{"d":"2024-06-11","mt":"regular","id":"VI-RES-24-129","ref":"RES 24-129","it":"appointment","t":"Resolution appointing Charlie Huguenard to a board","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Culture Commission.. Johanna Hagarty’s term as a member of the Public Art & Culture Commission, expires on June 30, 2024. In addition, Katie Cornell’s (arts agency representative) term expires on June 30, 2024. The following individuals applied for the vacancy: Amelia Barrett Brown, Justine Carlisle, Charlie Huguenard, Janet Kopenhaver, Jennifer Maer, Jessica Lynn Orzulak and Marla West. The Chair and staff liaison of the Public Art & Culture Commission recommended to appoint Charlie Huguenard. The Boards & Commissions Committee recommended reappointment Katie Cornell to the arts agency representative seat.","c":"Boards & Appointments","mo":"individual","mv":"Kilgore","sec":"","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1BxTW-S7kByVc9gvTNv2UArk_NGXo1m_t/view?usp=drive_link","mat":0,"mr":"no material signals","sq":21},{"d":"2024-06-25","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of combined minutes of the June 6, 2024 agenda briefing worksession and the formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-06-25","mt":"regular","id":"II-B","ref":"RES 24-130","it":"resolution","t":"Resolution directing the application to the Local Government Commission for the 2024 Water bonds","desc":"Background: - In July 2022, City Council adopted resolutions providing staff with authorization to enter into various contracts related to the Water System’s Advanced Metering Infrastructure (AMI) Project. - The main contract with Aclara, including contingency, totaled $28,792,604. - It was noted at the time that the City intended to fund this contract through the issuance of long-term debt. - With expenses to-date in the AMI project now totaling $10.6 million and significant additional spending expected to occur in Fiscal Year 2024-25, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the AMI project and other water infrastructure improvements and issue the Bonds in August of this year. - To cover the expenses from the AMI project, debt issuance costs, and provide funding for other eligible water system capital expenses, staff plans, in consultation with our financial advisors and bond counsel, to issue the debt in an amount not to exceed $30 million. Council Goal: - Financially Resilient City Committee(s): - None Pro(s): - Utilizes debt financing to spread the capital costs over a longer term to better match the life of the water asset. Con(s): - None Fiscal Impact: - The exact amount and timing of debt payments will be determined after issuance but staff has included estimated amounts in the Fiscal Year 2024-25 Water Budget for the payments. Water rate increases approved by City Council in March 2024 will provide revenue to assist with future debt payments.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-06-25","mt":"regular","id":"II-C","ref":"RES 24-131 / ORD 5087","it":"resolution","t":"Resolution directing the expenditure of opioid settlement funds, with budget amendment to appropriate opioid funds","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-06-25","mt":"regular","id":"II-D","ref":"RES 24-132 / RES 24-133 / RES 24-134 / RES 24-135 / RES 24-136","it":"resolution","t":"Resolutions permitting the possession and consumption of malt beverages and/or unfortified wine at various events","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-06-25","mt":"regular","id":"II-E","ref":"RES 24-137","it":"resolution","t":"Resolution regarding bond orders authorizing the issuance of general obligation bonds, setting a public hearing on July 23, 2024","desc":"Background: - Capital Improvement Programs (CIP) are vital for the development and maintenance of essential infrastructure such as roads, sidewalks, public buildings, parks, recreational facilities, housing and public safety. - Effective CIP’s utilize a diverse mix of revenue sources to fund projects, including debt, grants, fees, and pay-go cash. - General Obligation (GO) Bond debt is secured by the full faith, credit and taxing power of the municipality, which should result in the lowest possible interest rates for financing a capital project. - Asheville voters provided a substantial boost to the City’s CIP in November 2016 with passage of $74 million in GO Bonds to fund investments in transportation, parks and recreation, and affordable housing. - The last of the 2016 GO Bond debt was issued in September 2023, and all of the $74 million from 2016 Bond has been spent, encumbered, or committed to specific projects. - To help address ongoing capital needs and provide another infusion of new resources into the City’s CIP, Council directed staff to begin the process of preparing for a November 2024 GO Bond Referendum. - At the May 28, 2024 meeting, Council took the first formal action to initiate the process to apply to the Local Government Commission (LGC) to place four bond questions on the November 2024 ballot: - Affordable Housing: $20 million - Transportation: $20 million - Parks and Recreation: $20 million - Public Safety: $20 million - The City’s application was successfully submitted to the LGC on June 18, 2024. - The next step in the process is tonight’s action of introducing the four bond orders and setting a Public Hearing on those bond orders for July 23, 2024. - At the July 23, 2024 meeting, in addition to holding the Public Hearing, City Council will be asked to adopt the bond orders, and set the special bond referendum for November 2024 (including the form and language of the ballot) . - It is at the July 23 meeting when Council will be required to finalize the amounts in the four bond categories (amounts can be lowered from the current proposed amounts but can not be increased).  Pro(s): - Provide enhanced funding for transportation, parks and recreation, affordable housing, and public safety infrastructure needs as identified in City master plans and Council strategic goals utilizing GO Bonds, which come with the lowest possible interest rates. - Ensures City’s compliance with North Carolina General Statutes. Con(s) - None Fiscal Impact: - A GO bond commits the full faith and credit of the City of Asheville to repayment of the bonded debt. An additional tax levy will be required to fund the debt service on the bonds. If the GO bonds are approved in November 2024, this additional tax levy will be considered by and adopted by City Council as part of the Fiscal Year (FY) 2025-26 budget.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-06-25","mt":"regular","id":"II-F","ref":"RES 24-138","it":"resolution","t":"Resolution authorizing the City Manager to amend the agreement with Motorola Inc.","desc":"Background: - In February 2018, the City adopted a maintenance contract with Motorola Solutions to provide maintenance on the City's radio communication systems. - The current term is from July 1, 2022 to June 30, 2027, in accordance with the current contract. - This new amendment to the contract will add services for Managed Detection and Response, which will provide around the clock cybersecurity operations center support. Vendor Outreach Efforts: - Motorola is on the NC State Contract 725G. - No additional vendor outreach was completed as this will be a pre-negotiated extension of the current contract.  Committee(s): - N/A Pro(s): - The primary benefit of this contract is to keep the City's radio system reliable and operational for public safety officers. - The amended contract provides cybersecurity monitoring and response to protect this critical infrastructure. - By keeping the radio system in optimal condition, the City is also able to provide communication services to several outside agencies, thereby improving interagency communications - advancing partnerships to improve critical services and infrastructure. - These partnerships also help the City recoup some of its investment in the system infrastructure through fees collected for use of the system by partner agencies. Con(s): - None Fiscal Impact: - The additional services included in this amendment will increase the FY 2024-25 contract amount by $95,706 and the five-year total by $347,919 (see table below). - Funding for the next year of this contract is included in the IT Services proposed operating budget. Future years will be planned during the annual budget development process. Original Pricing from Resolution 22-103 FY25-57 New Pricing Yearly Change Old Versus New Year 1 (FY23) $395,459 $395,459 $0 Year 2 (FY24) $401,930 $401,930 $0 Year 3 (FY25) $408,594 $504,300 $95,706  Year 4 (FY26) $417,258 $541,473 $124,215 Year 5 (FY27) $424,133 $552,131 $127,998 New 5-Year Total $2,047,374 $2,395,293 $347,919 New Life-of-C ontract Total $4,215,978.64","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-06-25","mt":"regular","id":"II-G","ref":"RES 24-139","it":"resolution","t":"Resolution authorizing the City Manager to execute an agreement with the Town of Black Mountain","desc":"Background: - Asheville Rides Transit (ART) provides daily service between Downtown Asheville and Black Mountain via Route 170. - Black Mountain has provided $25,000 to support the cost of operating the route for the last two fiscal years and has agreed to provide $25,000 for FY 2024-2025 as well. - An executed agreement is necessary to receive and expend the funds for transit operations. - The total cost of operating the route is approximately $500,000 annually and the City received federal transit grant funding through the Job Access Reverse Commute (JARC) program from the French Broad River Metropolitan Planning Organization to pay for 50% of the cost to operate the route 170 for FY 2024-2025. - The Town of Black Mountain’s contribution will help offset the non-grant funded portion of the operational cost of the route. Vendor Outreach Efforts: - N/A. This is an interlocal agreement between the City and the Town of Black Mountain.  Committee(s): - N/A Pro(s): - The $25,000 in revenue for FY 2024-2025 will help to offset existing transit service costs, reducing the overall General Fund contribution to the Transit Operating Fund. Con(s): - None Fiscal Impact: - The $25,000 in revenue for FY 2024-2025 will help to offset existing transit service costs, reducing the overall General Fund contribution to the Transit Operating Fund. - The cost for this route is already included in the Transit Operating Fund budget for FY 2024-2025.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-06-25","mt":"regular","id":"II-H","ref":"RES 24-140","it":"resolution","t":"Resolution authorizing the City Manager to amend the existing transit operations and maintenance agreement","desc":"MAINTENANCE CONTRACT WITH RATPDev USA FOR FISCAL YEAR 2025  Background: - The City of Asheville contracts out the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system. - In 2017, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART and RATPDev USA was selected to be the contractor. - The initial contract was for 4-years and ended June 30, 2021. - The contract allowed for two 2-year optional contract extensions (for a total of another 4 years). - The City opted to exercise the first of the 2-year optional contract extensions, which began July 1, 2021 and ended June 30, 2023. - The City opted to exercise the second of the 2-year optional contract extensions, which began July 1, 2023 and will end June 30, 2025. - The proposed amendment will be the 5th amendment to the contract and it will cover services provided between July 1, 2024 and June 30, 2025. - Amendment 1 was approved in August of 2019 and was done to reflect the increased services (and budget) that were implemented in January 2020. - Amendment 2 was approved in October 2021 (FY 2022) and included the annual increase to the base contract to reflect increases to the revenue-hour rate and monthly fixed fees. - Amendment 3 included an increase over the FY 2022 contract amount of $953,835, for a total of $10,107,322. This funding was included in the approved FY 2023 Transit Operations budget and included the following: - $402,835 - annual increase to the base contract that reflected increases to the revenue-hour rate and monthly fixed fees. - $551,000 - provided to fund a wage increase of $2.00 per hour for RATPDev ART staff. - Amendment 4 was approved in June 2023 and included an increase over the FY 2023 contract amount of $538,607, for a total of $10,645,929 for base/existing services. - Amendment 5 (proposed with this action) will include an increase of $558,350 over the FY24 contract amount, for a total of $11,204,300 for base/existing services. - There are no proposed changes to the language of the Contract with this amendment, other than relating to increasing the contract amount. - The increased contract amount reflects overall cost increases to provide the existing base-level of service. The increase can generally be attributed to broadbased increases to the cost of doing business, including increases to standard items such as office and maintenance supplies, increases in the cost of parts, increases in the costs associated with services such as grounds maintenance and security, however the increase also accounts for wage increases for ART workers as part of their Collective Bargaining Agreement. - Note: The overall contract for transit operations and maintenance that was awarded to RATPDev in 2017 will end in June 2025. Staff has started to develop a new solicitation for transit operations and maintenance services, which we expect to issue in the fall. Vendor Outreach Efforts: - N/A. This is a current contract. An extensive outreach process was conducted in 2017 when the transit operations and maintenance contract was put out for bid.  Committee(s): - None. This is an administrative action. Pro(s): - Supports the continuation of current/existing transit service levels. Con(s): - Will result in increased transit operational costs for the current/existing service levels. Fiscal Impact: - Amendment 5 adds $11,204,300 to the annual contract for transit operations and maintenance for FY 2025. - The cost of continuing the current/existing transit service is $558,350 more in FY 2025 than FY 2024 due to rising costs. - The FY 2025 adopted Transit Services Fund budget already includes the contract amount for FY25 with RATPDev.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-06-25","mt":"regular","id":"II-I","ref":"RES 24-141","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Buncombe County","desc":"Background: - The City entered into an interlocal agreement with Buncombe County that establishes that Buncombe County will provide the City’s federally-required paratransit services through Mountain Mobility. - The contract cost for Fiscal Year (FY) 2025 is estimated to be a maximum of $1,211,815 and is based on the per-mile rate of $3.37 and anticipated number of service miles to be provided. - Funding to pay for the Paratransit Services contract was budgeted in the Transit Operations Fund for FY25 when the City budget was approved for this FY. Vendor Outreach Efforts: - N/A. This is a current contract.  Committee(s): - None Pro(s): - Supports the continuation of current/existing paratransit services. - Ensures sufficient funding to pay for services as required by the contractual agreement. Con(s): - None Fiscal Impact: - Funding for this contract is included in the FY 2025 Transit Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-06-25","mt":"regular","id":"II-J","ref":"RES 24-142","it":"resolution","t":"Resolution authorizing the City Manager to execute agreements with the N.C. Dept. of Transportation","desc":"Background: - The Haywood Road Resurfacing & Pedestrian Improvement Project is a NCDOT project that is programmed in the 2024-2033 State Transportation Improvement Plan (STIP). - The project includes 1.91 miles of resurfacing and pedestrian improvements on US 19/23 (Haywood Road) from Patton Avenue to Ridgelawn Road. - Staff from the City of Asheville’s Transportation Department have been involved in project planning discussions with NCDOT since 2021. The project was initially planned to have a narrow scope, focused only on resurfacing. - NCDOT was then awarded additional grant funding so that the project could include pedestrian safety measures not typically included in resurfacing projects. - The project includes: - improved pedestrian and bicycle facilities including new and enhanced high-visibility crosswalks and pedestrian crossing signals (rectangular rapid flashing beacons and push buttons at signalized intersections), - reconstruction of curb-ramps to enhance Americans with Disabilities Act (ADA) access, - a reduced speed limit of the existing 35 mph to 25 mph and 20 mph through the “downtown core” of Haywood Road, - the addition of several “bulbouts” to shorten pedestrian crossing distances, and - bike lanes for a portion of the project, with additional bicycle sharrow symbols and signage for added visibility where there is no bike lane. - NCDOT expects to advertise a solicitation to select a construction contractor by the end of calendar year 2024, with construction anticipated in 2025. - The project is funded by NCDOT, with the exception of two aspects of the project, for which the City of Asheville will reimburse the NCDOT upon completion of the project: - $21,750 for re-striping the on-street parking spaces, which is standard practice for on NCDOT routes for which the City has on-street parking spaces. The funding for this aspect of the project is budgeted in the Transportation Department operating budget; and - $15,000 for the “betterment” cost of the cast iron ADA curb ramp truncated domes. The betterment cost is the difference between the cost of NCDOT’s standard polymer ADA curb ramp detectable warning plates and the City’s preferred detectable warning plates made out of cast iron (which are more durable and require less maintenance). The funding for this aspect of the project is budgeted in the Capital Improvement Fund. - A maintenance agreement will be executed as the City will be responsible for maintaining the sidewalks, bicycle sharrow pavement markings, parking space pavement markings, rectangular rapid flashing beacons, and trench drains in bulbouts. Vendor Outreach Efforts: - N/A. The projects are being completed and funded by NCDOT.  Committee(s): - N/A Pro(s): - Improves safety and mobility along a state-owned road. - Project is primarily managed and paid for by NCDOT. Con(s): - Many residents have contacted City staff wanting additional project details and advocating for additional pedestrian and bicycle improvements, NCDOT is the primary point of contact for the project and is responsible for community engagement. Fiscal Impact: - The project is funded by NCDOT, with the exception of two aspects of the project, for which the City of Asheville will reimburse the NCDOT upon completion of the project: - $21,750 for re-striping the on-street parking spaces, which is standard practice for on NCDOT routes for which the City has on-street parking spaces. The funding for this aspect of the project is budgeted in the Transportation Department operations budget; and - $15,000 for the “betterment” cost of the cast iron ADA curb ramp truncated domes. The betterment cost is the difference between the cost of NCDOT’s standard polymer ADA curb ramp detectable warning plates and the City’s preferred detectable warning plates made out of cast iron. The funding for this aspect of the project is budgeted in the Capital Improvement Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-06-25","mt":"regular","id":"II-K","ref":"RES 24-143","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Terracon","desc":"Background: - The Municipal Building is in need of structural repairs involving the demolition and replacement of an elevated concrete slab. - These repairs are critical to the operation and occupancy of the building, which houses Police Headquarters, Fire Headquarters, and serves as Fire Station 1. - The original engineering contract with Terracon Consultants in the amount of $33,200, authorized an initial building investigation and assessment to determine the full scope of the project. - Following the initial assessment, three amendments totaling $685,800 were authorized for additional testing and investigation and for the fee to perform the project design and construction administration. - During the construction project, it will be necessary to move building occupants outside of the construction zone. Part of clearing this space will be moving Police’s Forensics operations. These additional design services will create a new, adequately sized, permanent space for this operation. - Upon completion of the Municipal Building Capital Repairs and Restoration Project, the fitness center will be expanded into the space that is freed up by moving Forensics. - The design for expanding the fitness center is also in this amendment. - The requested Amendment #4 will add design services for a relocated APD Forensics lab, Forensics offices and renovated fitness center. - The current forensics lab and offices are currently located within the project construction zone, and must be relocated to maintain operations. - The current fitness center serves both the Asheville Police and Asheville Fire Departments and is undersized. It will be partially demolished during the construction project. - Upon completion of the slab replacement, the fitness center will be rebuilt with a larger square footage. - Amendment #4 will increase the total revised contract value to $806,950. Vendor Outreach Efforts: - For the original solicitation of pre-design and design services for this project, staff performed outreach to minority and women owned businesses through the request for qualifications solicitation process. - This included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Statements of Qualifications were received from: - Atlas Engineering, Inc - NOVA Engineering and Environmental, Inc - Tarchitects (a minority-owned business) - Terracon Consultants, Inc. - WGI, Inc.  Committee(s): - None Pro(s): - Police Forensics will be able to continue operations without impact during the construction project. - The fitness center will be built back at a size that is more appropriate for the equipment and usage. Con(s): - The additional design and construction effort will add approximately six weeks to the project schedule. Fiscal Impact: - Funding for this contract is provided through City general funds.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-06-25","mt":"regular","id":"II-L","ref":"RES 24-144","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Carolina (vendor)","desc":"Background: - Due to upcoming construction at the Municipal Building, the Asheville Fire Department and Fire Marshal’s administrative offices will need to temporarily relocate. Additionally, the Asheville Police and Fire Departments’ fitness center, located in the Municipal Building, will be out of service during construction and will also need to relocate. - The Asheville Municipal Building Design-Build Upfit Project will upfit space in the Jackson Building (located at 22 S. Pack Square) to accommodate the Asheville Fire Department and Fire Marshal's offices along with the fitness center that serves Asheville Police and Asheville Fire. - On April 23, 2024, City Council approved the execution of a lease agreement for real property in the Jackson Building Complex. - While this space is large enough to accommodate the necessary uses, it will need to be renovated to be used by the building occupants. - Staff determined that a design-build procurement method for the upfit of the leased space was best suited for the project. The design-build delivery method was approved by the City Manager on April 2, 2024, as per N.C.G.S 143-128.1A and City Council Resolution No. 16-45. - Request for Qualifications #298-CP24-B2202.DB was issued on April 4, 2024 soliciting qualifications from design-build teams. - The required three responses, as per N.C.G.S. 143-128.1A(d), were not received and the qualifications were returned. - Request for Qualifications 298-CP24-B2202.DB2 was re-issued on April 26, 2024. - Qualification packages were received on May 9, 2024 from the following teams: - Legerton Architecture, P.A. of Asheville, NC and Carolina Cornerstone Construction Inc.–both offices located in Asheville, NC. - MHAworks, P.A. of Asheville NC and Harper General Contractors–both offices located in Asheville, NC. - An evaluation committee composed of staff from the Capital Management, Asheville Fire, Asheville Police and the Economic Development departments reviewed the qualification packages and interviewed the two teams. - The team of Legerton Architecture, P.A. and Carolina Cornerstone Construction, Inc.was ranked as the most qualified for the project. - On the selected design-build team, Carolina Cornerstone Construction, Inc. is a woman-owned business. Legerton Architecture, P.A. is currently in the process of becoming certified as a woman-owned business.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes using the State’s Electronic Vendor Portal and direct communications with minority and women owned businesses. - The terms of the RFQ required that the solicitation for subcontractors for the construction work follow the City’s Asheville Business Inclusion Policy, including minority outreach efforts. - On the selected design-build team, Carolina Cornerstone Construction, Inc. is a woman-owned business. Legerton Architecture, P.A. is currently in the process of becoming certified as a woman-owned business.  Committee(s): - None Pro(s): - The design-build method will allow for the quick and efficient implementation of the upfit improvements needed for Asheville Fire and Police to move into the leased spaces, prior to the start of the Municipal Building Capital Repairs and Restoration project. - The design-build contract will allow the architect and contractor to work together to ensure that the project adheres to budget and schedule constraints. - The selected firms are both local woman-owned businesses familiar with City of Asheville facilities and projects. Con(s): - The design-build method lacks the competitive contractor solicitation process of a traditional design-bid-build method. Fiscal Impact: - Funding for this contract is included in the adopted Capital Improvement Program (CIP).","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-06-25","mt":"regular","id":"II-M","ref":"RES 24-145","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with Tennoca (vendor)","desc":"Background: - The Onteora Boulevard Sidewalk Project includes the installation of sidewalk, wheelchair ramps,and drainage along Onteora Boulevard from Lincoln Avenue to Raleigh Road. - The project is actively under construction with a projected completion later this summer. - The original bid included asphalt patching over utility cuts. Due to the overall disturbance to the area related to significantly more utility repairs than originally anticipated, additional paving is necessary which requires this change order to increase the milling and asphalt paving quantities. - Due to the federal funding involved in this project, the Federal Disadvantaged Business Enterprises program is being applied. The federally established goal for this project is 4% participation. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The original project was bid on March 30, 2023. - The three bids received were from Swannanoa, NC based AP Development, Inc for $1,358,625; Asheville based NHM Constructors, LLC for $1,130,883.50; and Candler, NC based Tennoca Construction Company for $829,889. - A construction contract was awarded to Tennoca Construction Company as the lowest responsive and responsible bidder on May 23, 2023. - Under the requested change order, the construction contract will increase from $912,889.00 to a not to exceed amount of $1,002,889.00. - Tennoca Construction Company, through their outreach efforts is committing to utilizing 9.18% participation with Concrete Specialty Contractors, a DBE/WBE subcontractor. Vendor Outreach Efforts: - Due to the federal funding involved in this project, the Federal Disadvantaged Business Enterprises program is being applied. The federally established goal for this project is 4% participation. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The original project was bid on March 30, 2023. - The three bids received were from Swannanoa, NC based AP Development, Inc for $1,358,625; Asheville based NHM Constructors, LLC for $1,130,883.50; and Candler, NC based Tennoca Construction Company for $829,889. - A construction contract was awarded to Tennoca Construction Company on May 23, 2023. - Tennoca Construction Company, through their outreach efforts is committing to utilizing 9.18% participation utilizing Concrete Specialty Contractors, a DBE/WBE subcontractor. - Committee(s): - n/a Pro(s): - Provides for sidewalk construction in an area with a demonstrated need for safe pedestrian access. - Utilizes federal funded grant dollars to maximize the local funding. Con(s): - None Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-06-25","mt":"regular","id":"II-N","ref":"RES 24-146","it":"resolution","t":"Resolution authorizing the City Manager to enter into a lease agreement with Miami Made","desc":"Background: - The Municipal Building is the headquarters for the Asheville Police Department (APD), the Asheville Fire Department (AFD), and is the home of Fire Station 1. - The Municipal Building Capital Repairs and Restoration project starting later this fall, will involve the demolition and reconstruction of the elevated slab in Fire Station 1. - Due to the construction, the AFD Logistics Department will need to relocate.. - A functionally feasible space within the City’s current space inventory was not available, so Staff utilized the services of Carla & Company Real Estate Services to search for commercial office and warehouse space. - The search was originally limited to city limits, but was expanded to surrounding areas due to low availability of commercial warehouse spaces that met the operational requirements. - Leasing space at 104 Eastside Drive, #210 Black Mountain, NC was determined to best fit AFD’s needs, due to the following: - The warehouse space has enough space and height to accommodate the vehicles, apparatus and equipment that is housed by Logistics. - The space includes finished office space for the Logistics staff. - There is sufficient parking and loading space to accommodate Logistics operations. - The warehouse is sprinklered and zoned commercial. - Lease terms for the warehouse and office space: - Size: 17,000 square feet - Lease Term: Five years, with an option for an additional three years - Lease Rate: $7.30 per square foot per year, escalated 3% per year for the initial five year lease term; and the three year renewal option starting at $9.00 per square foot per year, escalated at 3% per year. - Modified Gross Lease: lease rate includes property tax, insurance, common area maintenance; lease rate excludes electric and gas utilities Vendor Outreach Efforts: - Not applicable  Committee(s): - None Pro(s): - This lease agreement will allow for planned structural repairs to proceed at the Municipal Building. - The space fulfills the space requirements and needs of the Asheville Fire Department. Con(s): - The lease will add additional costs to the operational budget in future fiscal years. - The construction project will cause an impact to existing operations for fire and police headquarters, and Fire Station 1. - The lease is for space outside of the Asheville city limits. Fiscal Impact: - Funding for the first two years of this lease ($251,923 total) was previously budgeted and is available in the Capital Improvement Projects Fund. - The remaining lease term (approximately $406,941 total) will be funded through the Asheville Fire Department’s operating budget starting in FY ‘27.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-06-25","mt":"regular","id":"II-O","ref":"RES 24-147","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Solutionz Inc.","desc":"Background: - In person Board & Commission meetings can present participation barriers for both the public and Board & Commission members. - In order to enable full hybrid meeting capability for Board and Commission meetings in City Hall’s First-Floor Conference Room, it is necessary to upgrade the audiovisual equipment in this space. - Hybrid meetings address barriers to participation such as: - Visual Impairments - Hearing Impairments - Language Barriers - Transportation Barriers - Family Responsibility Barriers - Technology Barriers - Increasing the capacity for public participation in City boards and commission meetings is consistent with Council’s goal to improve and expand core services as they pertain to an inclusive and accessible government. - The proposed AV upgrades will allow hybrid meeting capability in City Hall’s First-Floor Conference Room, increasing the public’s ability to engage with Board and Commission meetings both in-person and remotely. - Increasing the capacity for public participation in City boards and commission meetings is consistent with Council’s goal to improve and expand core services as they pertain to an inclusive and accessible government. - The ARPA Inclusive and Accessible Government Project seeks to improve Neighborhood Resilience by addressing barriers to communication and engagement. Vendor Outreach Efforts: - Funding for this project is provided at least in part from sources other than City funds. These may include State or Federal grants or other sources. The sources often require alternative outreach and engagement requirements. - Eight MWBE vendors were notified via email when the Request for Proposals (RFP) was posted on the City’s Bids page: - Advanced Media Group - Audio Video Concepts - ClarkPowell Audiovisual Technologies - Digital Video Group - Focus Audio Video - KS Audio Video - Solutionz, Inc. - Technical Video Systems - Of the MWBE vendors contacted, the only vendor to respond was Solutionz, Inc., based in Greenville, South Carolina, with a proposal of $107,437.40.  Committee(s): - Equity and Engagement Committee Pro(s): - Hybrid meeting capability will improve accessibility for both Board and Commission members and the general public by allowing for in-person or remote participation for both groups. Con(s): - N/A Fiscal Impact: - Contract is in the amount of $107,437.40. ARPA funds will cover $73,340.00. CIP funds will cover the balance of $34,097.40.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2024-06-25","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider a resolution - continued to July 23, 2024","desc":"","c":"Administrative","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":0,"mr":"continuance","sq":15},{"d":"2024-06-25","mt":"regular","id":"IV-B","ref":"ORD 5088","it":"public_hearing","t":"Public hearing / ordinance to conditionally zone 172 (property along Smokey Park Hwy)","desc":"Urban Planner Clay Mitchell said that this is the consideration of an ordinance to consider the conditional zoning of 172 Moody Avenue from Highway Business District and RM-6 Residential Multi-Family Low Density District to Commercial Expansion - Conditional Zone. This public hearing was advertised on June 14 and 21, 2024. Project Location and Contacts: - The project site consists of eight (8) parcels and totals totals 42.65 acres at 172 Moody Ave (PINs 9617-55-4906, 9617-55-0346, 9617-55-0206, 9617-55-0286, 9617-55-0102, 9617-45-9156, 9617-55-5325, and 9617-56-4897) - Owner: Acton Woods LLC, Thomas and Lora Thrash, Thrash Limited Partnership, and Jones Graveyard Summary of Petition: Project Site - The project area consists of eight (8) properties totalling 42.65 acres located at 172 Moody Ave. - The site is currently zoned Highway Business (HB) along Smokey Park Hwy and Residential Multi-Family Low Density (RM-6) on the interior of the site. - The majority of the site is vacant with the exception of 1) an existing manufactured housing retailer along Smokey Park Hwy (to be removed), an existing cemetery (to remain), an existing cell tower (to remain), and an existing multifamily apartment complex on the north side of the site (to remain) with a total 20 units. - The project site is constrained by an electrical transmission line within a 70’-wide utility easement and significant changes in topography between Smokey Park Hwy and the proposed developments. - These constraints particularly limit the siting of the proposed grocery store in terms of the siting of the proposed building, parking, and loading facilities. - Given the size of the project (over 50 residential dwelling units and over 100,000 s.f.) a conditional zoning to the Commercial Expansion - Conditional Zone (COM EXP - CZ) district is required. - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the majority of the site is designated as “Residential Neighborhood” with a portion of the site along Smokey Park Hwy designated as “Urban Corridor.” A change to the Future Land Use map is not required. Overall Project Proposal - The project proposes a mix of residential and commercial uses proposed to be constructed in multiple phases. Two commercial lots along Smokey Park Hwy are identified as a future development phase and will require an amendment to any adopted conditional zoning. - A total of approximately 350 residential units located in eight (8) buildings: - Two “Type A” buildings with 60 units at 4/5 stories and 60’ in height. - One “Type B” building with 90 units at 4/5 stories and 60’ in height. - Three “Type C” buildings with 45 units each at 5 stories and 60’ in height. - Two townhouse buildings with 4 units total at 25’ in height. - A clubhouse building with proposed gazebo, playground, pool and mail kiosk. - Proposed and future planned commercial/mixed-use: - Lot 1: Grocery Store - 20,655 s.f. at 1 story and 29’ in height - Lot 2: Planned future commercial site (future development phase to comply with COM EXP district standards) - Lot 3: Planned future commercial/mixed-use site (future development phase to comply with COM EXP district standards) Access, Sidewalks and Parking - Access to the site is proposed with two driveways off Smokey Park Hwy, one driveway off Brookside Cir, and two new roadways off Acton Woods Rd. - New roadway connections are proposed throughout the site and connect to the existing Acton Woods Rd at the north of the site. - New sidewalks are proposed along Smokey Park Hwy at 10’-wide with a 5’-wide planting strip. Sidewalks internal to the site are proposed at 6’-wide. Pedestrian walking paths are also proposed to directly connect the residential and commercial developments. - Smokey Park Hwy is currently not served by transit. - The Hominy Creek Greenway is proposed across Smokey Park Hwy which could be accessed from the project site via the recently constructed bridge across Hominy Creek to the Enka area. - A total of 606 parking spaces are proposed for the project with 501 spaces provided for residential uses and 105 spaces provided for the commercial uses. - Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces for the residential uses is 414/759. - Based on the square footage of the commercial uses, the minimum/maximum number of required spaces for the commercial uses is 59/103. - Bicycle parking is required at a rate of 5% of the total number of vehicle parking spaces, which equates to 30 required bicycle parking spaces. The project is proposing 66 bicycle parking spaces. UDO Compliance UDO Provision Requirement (COM EXP) Proposed Gross Floor Area: No maximum area. 528,155 s.f. Density: 20 units/acre maximum OR 50 units/acre maximum if 20% of dwelling units affordable at 80% AMI for 20 years 349 total units / 42.65 acres = 8.2 units per acre Lot Size Minimum: One acre minimum 42.65 acres Lot Width Minimum: 100’ minimum along a publicly maintained right-of-way(s) Approximately 1,700’ Building Height(s) Maximum: 80’ maximum height (except within 100’ of residentially-zoned property) 25’ to 60’ Building Setbacks Minimum: Front: 15’ for mixed-use buildings oriented to face a primary road; 35’ in all other cases Corner lot, street side: 25’ Side: None required. Rear: 25’ Varies and in compliance Vehicle Parking Spaces: Based on bedrooms and square footage of commercial uses: Residential: 414 min / 759 max Commercial: 59 min / 103 max Total: 473 min / 862 max Residential: 501 spaces Commercial: 105 spaces Total: 606 spaces Bicycle Parking Spaces: 5% of provided parking spaces: 30 bicycle parking spaces 66 bicycle parking spaces Open Space: 10%: 185,783 s.f. 17.7%: 329,177 s.f. Impervious Surface Area: 80% maximum 39%  Sidewalks: 10’-wide along frontage; 8’-wide internally 10’-wide sidewalk with 5’-wide planting strip along frontage; 6’-wide sidewalk internally Tree Canopy Preservation: Management District: Suburban Classification: Class C Existing Canopy: 71% Total requirement of 19% if 11% canopy is preserved Applicable Landscaping Standards Property Line Buffer Does apply Street Buffer Does apply Street Trees Does apply Parking Landscaping Does apply Building Landscaping Does apply Screening Does not a… - Property Line Buffer: 30’-wide Type B landscape buffer adjacent to single-family zoned property. - Street Buffer: 627 shrubs - Street Trees: 136 large maturing trees total - Parking Landscaping: 205 trees, 818 shrubs - Building Landscaping: 145 trees, 291 shrubs Building Orientation Fronts of buildings oriented towards the primary access corridor and at the street corner for corner lots. Buildings oriented internally towards interior streets and parking lots. Parking Locations Located at the side or rear of buildings fronting the primary street. Parking lots located between buildings and the primary street. Building Entrances Well defined entrances at intervals not exceeding 75’ on each primary facade. Compliance TBD. Fenestration 40% fenestration requirement on the ground floor for facades facing the primary access corridor. Compliance TBD. Height Limit within 100’ of residentially zoned areas Within 100 feet of a residentially zoned area, the height of buildings and other structures shall be subject to the height limitations of the residential zone. Height limit of 40’ within the transition area, where two buildings are proposed at 60’ in height. Project Conditions - A Traffic Impact Analysis (TIA) will be required through the NCDOT process. The Project shall implement any recommendations identified through the TIA review process. - Future development phases for Lot 2 and Lot 3, as identified on the site plan and incorporated herein by reference, will require an amendment to this adopted conditional zoning, unless the future design meets the underlying COM-EXP district standards, in which case it will be reviewed as a Level II project.  Technical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process, including: - Buildings oriented internally and towards interior streets and parking lots where they are required to be oriented toward the primary access corridor and street corners for corner lots (this technical modification does not apply to the future development phase on Lots 2 & 3). - Parking lots located between buildings and the primary street where they are required to be located to the side or rear of buildings fronting the primary street (this technical modification does not apply to the future development phase on Lots 2 & 3). - Building heights of 60’ within the 100’ residential transition area where maximum building height is 40’. - 6’-wide sidewalks internal to the site where 8’-wide sidewalks are required. - Encroachment into the Type B Landscape Buffer from existing multi-family buildings totalling approximately 2,622 s.f. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports the following goals in the Living Asheville Comprehensive Plan: - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Increase and Diversify the Housing Supply - by increasing the rental housing supply. - Facilitate Real Estate Development that Maximizes Public Benefit - by establishing accessible and well-connected commercial nodes consistent with strategies outlined in the plan’s growth areas.. - Make Streets More Walkable, Comfortable and Connected - by eliminating gaps in the city-wide sidewalk network. - The proposed development is compatible with the Future Land Use designations of “Residential Neighborhood” and “Urban Corridor”. - Residential Neighborhood: “Over time, residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of small-scale infill housing”. - Urban Corridor: “Over time urban corridors could see infill redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”. Compatibility Analysis: - The proposed mixed-use project is generally compatible with the surrounding land uses, including: - Commercial land uses located along Smokey Park Hwy. - Single-family residential land uses located in the surrounding vicinity to the north. - Existing and proposed light industrial and recreational uses to the south of the site across Smokey Park Hwy.  Committee(s): - Technical Review Committee (TRC) - March 18, 2024 - Approved with conditions. - Planning & Zoning Commission (PZC) - June 6, 2024 - approved (Vote 6:0) with the following conditions: 1) That three missing crosswalks along “Road A” be installed; and, 2) That project condition #4 be amended to allow for Level II review of future commercial development phases if the design meets the requirements of the COM EXP district. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Mitchell said that after meeting with the developer, the following revisions were made to the project conditions, with the developer’s approval: (1) The property shall include affordable housing for 10% of the total units at 80% AMI, deed restricted for 10 years; (2) The clubhouse building will utilize solar energy; (3) Lots 2 and 3 as shown on the site plans are not part of the Project parcel being conditionally rezoned; and (4) The conditional zoning will be valid for five (5) years from the date of approval by City Council with action taken to obtain building permits within this 60-month period. At the end of this approved term, if action has not been taken to obtain requisite permits, the Planning and Urban Design Director may initiate appropriate action to rezone the affected property to any other classification. Nothing herein shall be construed to extend any time limitations prescribed by statute or other ordinances in this chapter.” Mr. Mitchell then reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He said that the unit count is 35 studios, 86 one-bedroom units, 155 two-bedroom units and 69 3-bedroom units. About the site plan, (1) Existing multi-family development (20 units); (2) Cemetery; (3) Electrical transmission line with 70’-wide easement; (4) Cell tower; (5) 350 residential units across 8 buildings: (a) Two “Type A” buildings - 60 units and 4/5 stories / 60’; (b) One “Type B” building - 90 units and 4/5 stories / 60’; (c) Three “Type C” buildings - 45 units and 5 stories / 60’; (d) Two townhouse buildings with 4 units total at 25’ in height; and (e) A clubhouse building with proposed gazebo, playground, pool and mail kiosk; and (6) Proposed and future planned commercial/mixed-use: (a) Lot 1: Grocery Store - 20,655 s.f. at 1 story and 29’ in height; (b) Lot 2: Planned future commercial/mixed-use site; and (c) Lot 3: Planned future commercial/mixed-use site. He then reviewed the transportation plan showing the 10’-wide sidewalk with 5’-wide utility strip; 6’-wide internal sidewalks; walking path; existing roadway to connect to; and driveway/curb cuts. He then showed the site plan and outlined the landscape plan as follows: (1) Street trees: 136 large maturing; (2 Street buffer: 627 shrubs; (3) Parking Landscaping: 205 trees & 818 shrubs; (4) Building Landscaping: 145 trees & 291 shrubs; (5) Property Line Buffer: 30’-wide Type B (encroach approx. 2,600 s.f.); (6) Open space: 17.7% (10% req.); and (7) Tree Canopy Preservation standards: 19% total: 11% preserved & 8% planted. Conditions are (1) A Traffic Impact Analysis (TIA) will be required through the NCDOT process. The Project shall implement any recommendations identified through the TIA review process; and (2) Future development phases for Lot 2 and Lot 3, as identified on the site plan and incorporated herein by reference, will require an amendment to this adopted conditional zoning, unless the future design meets the underlying COM-EXP district standards, in which case it will be reviewed as a Level II project (Mr. Mitchell said that this condition is no longer applicable). Technical modifications include: (1) Buildings oriented internally and towards interior streets and parking lots where they are required to be oriented toward the primary access corridor and street corners for corner lots (not to include future development phase on Lots 2 & 3); (2) Parking lots located between buildings and the primary street where they are required to be located to the side or rear of buildings fronting the primary street (not to include future development phase on Lots 2 & 3); (3) Building heights of 60’ within the 100’ residential transition area where maximum building height is 40’; (4) 6’-wide sidewalks internal to the site where 8’-wide sidewalks are required; and (5) Encroachment into the Type B Landscape Buffer from existing multi-family buildings totalling approximately 2,622 s.f. He then said the Technical Review Committee (TRC) on March 18, 2024, approved the project with conditions. The Planning & Zoning Commission (PZC) on June 6, 2024, approved the project with the following conditions: (1) That three missing crosswalks along “Road A” be installed; and ( 2) That project condition #4 be amended to allow  for Level II review of future commercial development phases if the design meets the requirements of the COM EXP district. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Councilwoman Roney asked for a highlight of the plan for renewables; requested confirmation of common vs. residential PV; and assurance that there's nothing impeding future solar expansion. She noted the need to partner with Buncombe County on Enka/Candler transit service, since currently the last service connecting Asheville is 4:15 p.m. She did recognize that this project has groceries and jobs close by without having to connect to transit. She was supportive of this infrastructure. Mr. Derek Allen, attorney for the applicant, passed out a revised Exhibit B project conditions which included the four revisions as outlined by Mr. Mitchell. Mr. Allen responded to Councilwoman Roney when she requested consideration of deeper affordability even if another factor needed to change, such as percentage of units, in order to consider voucher holders. Councilwoman Mosley offered to attend a meeting with the developer and the Housing Authority to develop the relationship regarding housing vouchers. Mayor Manheimer opened the public hearing at 6:47 p.m. Two individuals spoke in support of the conditional zoning for this project. Mayor Manheimer closed the public hearing at 6:50 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2024-06-25","mt":"regular","id":"IV-C","ref":"ORD 5089","it":"public_hearing","t":"Public hearing / ordinance to rezone properties at 28 Roberts St (conditional zoning to RM-8)","desc":"Assistant Planning & Urban Design Director Chris Collins said that this is the consideration of an ordinance to consider the rezoning properties at 28 Roberts Street from River Arts Form District - Neighborhood Transition to RM-8 Residential Multi-Family Medium Density District. This public hearing was advertised on June 14 and 21, 2024. Project Location and Contacts: - The rezoning petition consists of eight (8) properties totalling 1.0 acre and located at 28 Robert St (PINs 9638-98-3568, 9638-98-4503, 9638-98-4429, 9638-98-4622, 9638-98-4678, 9638-98-4692, 9638-98-5516, and 9638-98-5532) - Owners: Roberts Green LLC and Ricky & Vivian Brown. Summary of Petition: - The applicant requests a rezoning of eight (8) properties to the Residential Multi-Family Medium Density (RM-8) District. - The properties are currently zoned River Arts Form District - Neighborhood Transition (RAD-NT). (These properties were rezoned from RM-8 to RAD-NT in 2017 as part of a comprehensive River Arts District Form-Based Code rezoning of approximately 400 acres of land.) - The properties are currently vacant and undeveloped. - The properties are located in the West End/Clingman Avenue Neighborhood (WECAN). - The properties are designated “Traditional Neighborhood” on the city’s Future Land Use (FLU) Map. A change to the FLU Map will not be required. Comprehensive Plan Consistency: - The proposed rezoning does not support the following goals in the Living Asheville Comprehensive Plan: - Encourage Responsible Growth - by prioritizing form-based codes or design guidelines in designated growth areas. - Increase Mixed-Use Development Along Transit Corridors - by implementing design guidelines, form-based codes and/or similar zoning for parcels within transit-supportive centers to achieve the transit-supportive strategy. - Promote Great Architecture and Urban Design to Enhance Placemaking - by exploring the appropriate utilization of form-based codes and design standards to yield strong, innovative, and contextual design that addresses appearance in addition to form, particularly in areas identified in the plan’s growth areas). - The proposed rezoning is partially compatible with the existing Future Land Use designation of “Traditional Neighborhood” which is proposed, in part, as “a diverse range of housing types and an intersecting street pattern with cross streets forming blocks”, and as “opportunities for infill housing in order to improve the supply and mix of housing options”. - While residential Multi-Family Medium Density (RM-8) is cited as an appropriate zoning district within the Traditional Neighborhood Future Land Use category, these parcels\u0002located on a streetfront where the predominant use is commercial- were intentionally rezoned as part of multiyear engagement process to support the creation of a more walkable urban environment that supports attached housing types. Compatibility Analysis: - The purpose of the existing River Arts Form - Neighborhood Transition (RAD-NT) zoning district is, “to accommodate a variety of small-scale residential, commercial and mixed-use buildings that address and conform to the topography of the area, taking into consideration nearby residential zoning”. - The purpose of the proposed Residential Multi-Family Medium Density (RM-8) zoning district is, “to permit a full range of medium density multi-family housing types along with single-family detached and attached residences. - This district is intended to provide a transitional area between high density single-family and multi-family areas, and to permit medium density multi-family development in areas where existing conditions make higher density development inappropriate. - Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted”. - The proposed rezoning petition is generally compatible with most of the surrounding land uses, including: - Residential Multi-Family Medium Density (RM-8) zoned property and residential land uses to the east of the subject properties. - River Arts district Form District - Neighborhood Transition (RAD-NT) zoned property to the west of the subject properties. - The existing zoning district is most compatible with the surrounding land uses, however, as it is specifically tailored to be used as a transition adjacent to existing residential neighborhoods that accounts for the topography and unique features of this area of the River Arts District.  Committee(s): - Planning & Zoning Commission (PZC) - June 6, 2024 - Recommended approval (Vote 6:0) Pro(s): - Provides zoning regulation that is not inconsistent with the larger WECAN neighborhood which is zoned Residential Multi-Family Medium Density (RM-8). Con(s): - Reduction in the diversity of allowed land uses and opportunities for mixed-use development that exists under the existing RAD-NT zoning. - Removal of the form-based code elements in the RAD-NT district which promotes a more urban and walkable development pattern and is specifically tailored to this area of the River Arts District with a general use district that does not provide the city or the neighborhood with any certainty of design compatibility. - Less pedestrian infrastructure via higher thresholds for triggering the requirement of new sidewalk construction (20+ units under RM-8) whereas RAD-NT would require sidewalks regardless of the proposed number of units. - Permitting single-family detached houses and duplexes instead of exclusively permitting townhomes, multifamily, and upper-floor residential under the existing RAD-NT, leading to a likely reduction in the number of possible residential units that can be built. - Increased requirements for off-street parking which undermines the walkability and pedestrian character of a neighborhood. - Inconsistent with the extensive public engagement effort that the City undertook with the neighborhoods and residents to draft and implement the form-based zoning code, which was the culmination of many years of work to revitalize the riverfront and surrounding areas. Staff Recommendation: - Staff does not recommend approval of this rezoning request based on the reasons stated above. Mr. Collins reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He then showed the Riverfront planning timeline and the River Arts District (RAD) rezoning timeline. He explained the extensive community input into the RAD rezoning, along with the current and proposed zoning maps. He then explained the uses in the RM-8: Residential Multi-Family Medium Density: ADU, duplex, townhouse, multi-family, single-family detached, limited civic, recreational and institutional uses; and the uses in the River Arts Form District - Neighborhood Transition (RAD-NT): ADU commercial caretaker, townhouse, multi-family, residential upper-story, assisted living, day care, family care, government, museums, performance centers, post offices, microbreweries, offices, research, art gallery, barber shops, cat cafes, clinics, flea markets, banks, grocery stories, health & fitness, dry cleaning, pharmacy, retail sales, tailors, studios, light industrial, wholesale sales. Using a map, he showed the nearby development trends. Regarding the compatibility analysis, the purpose of the existing River Arts Form - Neighborhood Transition (RAD-NT) zoning district is, “to accommodate a variety of small-scale residential, commercial and mixed use buildings that address and conform to the topography of the area, taking into consideration nearby residential zoning” (UDO Sec. 7-8-29(2.5)). The purpose of the proposed Residential Multi-Family Medium Density (RM-8) zoning district is, “to permit a full range of medium density multi-family housing types along with single-family detached and attached residences. This district is intended to provide a transitional area between high density single-family and multi-family areas, and to permit medium density multi-family development in areas where existing conditions make higher density development inappropriate. Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted” (UDO Sec. 7-8-6). Regarding the Living Asheville Comprehensive Plan, The proposed rezoning does not support the following goals in the Living Asheville Comprehensive Plan: (1) Encourage Responsible Growth - by prioritizing form-based codes or design guidelines in designated growth areas; (2) Increase Mixed-Use Development Along Transit Corridors - by implementing design guidelines, form-based codes and/or similar zoning for parcels within transit-supportive centers to achieve the transit-supportive strategy; (2) Promote Great Architecture and Urban Design to Enhance Placemaking - by exploring the appropriate utilization of form-based codes and design standards to yield strong, innovative, and contextual design that addresses appearance in addition to form, particularly in areas identified in the plan’s growth areas; (3) the proposed rezoning is partially compatible with the existing Future Land Use designation of “Traditional Neighborhood” which is proposed, in part, as “a diverse range of housing types and an intersecting street pattern with cross streets forming blocks”, and as “opportunities for infill housing in order to improve the supply and mix of housing options”; and (4) While residential Multi-Family Medium Density (RM-8) is cited as an appropriate zoning district within the Traditional Neighborhood Future Land Use category, these parcels- located on a streetfront where the predominant use is commercial\u0002were intentionally rezoned as part of multiyear engagement process to support the creation of a more walkable urban environment that supports attached housing types. Cons of the proposed rezoning is (1) Reduction in the diversity of allowed land uses and opportunities for mixed-use  development that exists under the existing RAD-NT zoning; (2) Removal of the form-based code elements in the RAD-NT district which promotes a more urban and walkable development pattern and is specifically tailored to this area of the River Arts District with a general use district that does not provide the city or the neighborhood with any certainty of design compatibility; (3) Less pedestrian infrastructure via higher thresholds for triggering the requirement of new sidewalk construction (20+ units under RM-8) whereas RAD-NT would require sidewalks regardless of the proposed number of units; (4) Permitting single-family detached houses and duplexes instead of exclusively permitting townhomes, multifamily, and upper-floor residential under the existing RAD-NT, leading to a likely reduction in the number of possible residential units that can be built; (5) Increased requirements for off-street parking which undermines the walkability and pedestrian character of a neighborhood; and (6) Disregards the extensive public engagement effort that the City undertook with the neighborhoods and residents to draft and implement the form-based zoning code, which was the culmination of many years of work to revitalize the riverfront and surrounding areas. The Planning & Zoning Commission received public comment before and after the PZC hearing expressing opposition to the rezoning request, citing the following concerns: (1) The years of work and community input that went into crafting the existing form code; (2) The reduction in the amount of housing and other uses that could be provided if the rezoning were approved; and (3) The need for sidewalks in the neighborhood and along Roberts St that would not necessarily be built or required under the proposed zoning district. He said the Planning & Zoning Commission (PZC) on June 6, 2024, recommended approval (Vote 6:0). Their concerns were noted as follows: (1) Existing zoning may be a hindrance to residential development; (2) The proposed RM-8 district allows more types of residential development such as single-family, duplex, and cottage developments; (3) Sidewalk requirements under RAD-NT are onerous and would not provide full connection to the RAD core; (4) Type of development envisioned by the RAD-NT zoning would not be supported by existing infrastructure in the neighborhood; and (5) Properties feel more like a part of the WECAN residential neighborhood and less like a part of the mixed-use character of the RAD. He said that staff does not concur with the Planning & Zoning Commission and recommends denial of the proposed rezoning. Discussion was held regarding Planning staff’s reasons to not support the rezoning, need for a sidewalk on the other side of the road from the proposed rezoning parcels; whether nearby developments are occupied or still being constructed; and are we really getting what we wanted in this area. City Attorney Branham reminded Council that this application was a straight rezoning, therefore, conditions cannot be included. City Council must only determine if the allowable uses of the RM-8 Residential Multi-Family Medium Density District is consistent with approved area plans and reasonable for these parcels. Derek Allen, attorney representing the applicant, said that these properties were previously zoned RM-8; however, they were rezoned to the River Arts Form District - Neighborhood Transition, and the owners are just wanting the properties rezoned back to the RM-8. He then read an excerpt from an email from Geoffrey Barton, “I am writing as a private citizen and housing advocate, not on behalf of the Planning and Zoning Commission which I serve as Chair. PZC's unanimous support in favor of this rezoning request should speak for itself. PUD staff has provided a strong and compelling analysis to support their recommendation to deny, but I wish to add some context for your consideration. If approved: this site has potential to provide new homes for 6-10 families (possibly a few more) in the near future, in a manner compatible with the existing homes lining the east side of Roberts St. OR If denied: this site will remain vacant with the hope that one day a new developer will purchase it and provide a single structure containing new homes for 8-12 families (possibly a few more) plus a small commercial space. Is the consequence of denying this application (loss of 6-10 new homes) really worth holding out for an implausible speculative development? This particular site has significant elevation change from Roberts St to Green St. It is a corner lot bounded on 3 sides by public  roads, meaning the natural grade cannot be significantly altered to create the flat development site that would be necessary to build a larger mixed-use building. Reverting to the previous RM-8 zoning district would allow the applicant to follow a more sensible site plan for this particular site. RAD Form Based zoning is not on trial here, rather this is really a question of whether or not this specific straight rezoning petition is reasonable and in the public interest. We can safely assume that the applicant seeks to build homes. We can also safely assume that those new homes will be built following city ordinances and state codes as to not imperil the neighborhood or the city at large. To me, this seems very reasonable and - given our serious housing deficit - in the public interest.” That, coupled with the map he handed out shows that these parcels are almost entirely surrounded by RM-8. He spoke how the request does comply with the goals in the Comprehensive Plan and urged City Council to approve the rezoning request. In response to Councilwoman Turner on why the applicant did not do a conditional zoning application, Mr. Allen responded that they would have had to go through the process for each of the eight parcels, with each process taking 6-7 months. Mayor Manheimer asked when the form based code overlay was implemented, were those parcels included because they were owned by the same entity. Planning & Urban Design Director Stephanie Dahl responded that staff and the entire surrounding community looked at the parcels and felt that area really needed to support what the RAD and WECAN connection needed to be in 20-30 years from now, but also the joint ownership was considered as well. Mayor Manheimer opened the public hearing at 7:34 p.m. Robert Robinson would like a multi-family building with sidewalks on these parcels; however, he feels he can support the straight rezoning. Mayor Manheimer closed the public hearing at 7:36 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1xlnWWYUMNvhcZreFjMWJFMaCtNh4b1qm/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2024-07-23","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on June 20, 2024, and the formal meeting held on June 25, 2024","desc":"Background: - On February 9, 2024, City Council authorized the City Manager to apply for lead service  line replacement funding with the N.C. Dept. of Environmental Quality - Division of Water  Infrastructure to meet service line inventory goals. - The funding was awarded in the amount of $1,998,965. - The loan is 0% interest and 60% of the loan up to a maximum of $1,199,379 will be  forgiven. - Water Resources is required to build a water service line inventory and submit the  inventory to the NC Department of Environment Quality (NCDEQ) by October 16, 2024. - Funds awarded through the NCDEQ Division of Water Infrastructure (DWI) will be used to  help identify both private and public water service line material. - Any lead service lines, lead connections or galvanized service lines will be replaced on  both the public and private side if found during the inspection process. - Funds can be used for both public and private sides of the service line. - One hundred percent of the project will be performed in areas deemed underserved by  the NCDEQ Community Mapping and City of Asheville Climate Justice Map.  Vendor Outreach Efforts: NA  Committee(s): NA  Pro(s): - Any lead service lines, galvanized iron pipe service lines or lead connectors in the project  area will be replaced. - Customers will not have to pay for replacement. - Will help improve the confidence score of service line inventory as required by state and  federal regulations.  Con(s): - There are no con(s) with accepting the grant.   \fFiscal Impact: - If accepted, this program will provide a $1,998,965 interest free loan with 60% principal  forgiveness for water system improvements that are not currently funded or planned. - Matching funds are not required for this program.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-07-23","mt":"regular","id":"II-B","ref":"RES 24-148 / ORD 5090","it":"resolution","t":"Resolution for City Council to accept the N.C. Dept. of Water Infrastructure lead service line replacement funding, and budget amendment to accept the funding","desc":"Background: - On February 9, 2024, City Council authorized the City Manager to apply for lead service  line replacement funding with the N.C. Dept. of Environmental Quality - Division of Water  Infrastructure to meet service line inventory goals. - The funding was awarded in the amount of $1,998,965. - The loan is 0% interest and 60% of the loan up to a maximum of $1,199,379 will be  forgiven. - Water Resources is required to build a water service line inventory and submit the  inventory to the NC Department of Environment Quality (NCDEQ) by October 16, 2024. - Funds awarded through the NCDEQ Division of Water Infrastructure (DWI) will be used to  help identify both private and public water service line material. - Any lead service lines, lead connections or galvanized service lines will be replaced on  both the public and private side if found during the inspection process. - Funds can be used for both public and private sides of the service line. - One hundred percent of the project will be performed in areas deemed underserved by  the NCDEQ Community Mapping and City of Asheville Climate Justice Map.  Vendor Outreach Efforts: NA  Committee(s): NA  Pro(s): - Any lead service lines, galvanized iron pipe service lines or lead connectors in the project  area will be replaced. - Customers will not have to pay for replacement. - Will help improve the confidence score of service line inventory as required by state and  federal regulations.  Con(s): - There are no con(s) with accepting the grant.   \fFiscal Impact: - If accepted, this program will provide a $1,998,965 interest free loan with 60% principal  forgiveness for water system improvements that are not currently funded or planned. - Matching funds are not required for this program.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-07-23","mt":"regular","id":"II-C","ref":"RES 24-149","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with WK Dickson for the Shiloh service line find and replace project","desc":"Background: - Water Resources is required to build a water service line inventory and submit the  inventory to the NC Department of Environment Quality (NCDEQ) by October 16, 2024. - A total of $4 Million in NC Division of Water Infrastructure funding was awarded to Water  Resources to identify and remove any lead pipe, lead connectors or galvanized service  lines in the Shiloh community, a historically underserved community. - NC DWI funding requires an Engineering Report (ER) and Environmental Information  Document (EID) before the construction portion of the project can begin. - An engineering firm with expertise in NC DWI funding requirements and distribution  system construction management is needed to manage the project. - Water Resources will use the monies from their capital projects budget to pay for the  engineering services needed for the Shiloh Community project. - The entire $4 Million NC DWI funding will be used for the construction portion of the  project so that as many service lines can be replaced as possible. - Bidding and contracting for the construction portion of the project will occur once NC DWI  approves the Engineering Report and Environmental Information Document. - The WK Dickson Contract will not exceed $250,000. - Community outreach has been conducted since January 2024. - Outreach has included door hangers, letters to owners and two community meetings after  the first round of funding was approved. Fifty percent (50%) of homes involved in the  project have chosen to participate from these outreach efforts.  Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020, the City  of Asheville selected several consulting firms to provide on-call professional services for  Distribution Construction Projects. - WK Dickson was one of the selected firms due to their expertise in areas of engineering  analysis, designs, and construction plans and specifications as related to water  distribution systems. - The City of Asheville entered into a master agreement with WK Dickson on September 4,  2020 for on-call professional services for Distribution Construction, valid for three years  with the option to renew for two additional years. - The City of Asheville renewed the master agreement with WK Dickson for an additional  year. The master agreement is currently scheduled to last until September 22, 2024, with  one additional one-year option to renew available. - If approved, the proposed engineering services described here within will be developed  into a subcontract under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional  services for Distribution Construction Services was the best method to deliver this project  in an efficient time frame. - WK Dickson was chosen under the Master On-Call Agreements as the best qualified due  to their expertise with NC DWI funding requirements and distribution system construction  management. - No other vendor outreach was performed.  Committee(s): NA  Pro(s): - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system, in order to provide  safe and reliable service. - WK Dickson has successfully provided engineering services for other water system  projects. Their experience with our water system and expertise in water distribution  projects will lead to a successful project and will lessen negative impacts to customers  and the City’s water system.  Con(s): - There are no cons with entering into this contract.  Fiscal Impact: - Funding for this contract was budgeted and is available in the Water Resources Capital  Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-07-23","mt":"regular","id":"II-D","ref":"RES 24-150","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Kimley Horn for engineering services associated with water distribution","desc":"Background: - The Water Resources Department has prioritized this water system improvement project  for the current fiscal year and is seeking engineering design and project management  assistance for this project. - The water system improvement project includes the installation of approximately 3,000’  of new 12” Water Main and appurtenances on Coxe Ave from Patton Ave to Southside  Ave. - The new 12” water main will replace old existing 6” cast iron water lines; which has been  identified as a need through a prioritization and master planning process, due to age,  route conflicts and future water capacity needs for the rapidly growing Central Business  District area. - This project will be combined and constructed as part of the planned Coxe Ave Street  Improvement project. - Kimley-Horn is the same consultant contracted for the design of the Coxe Ave Street  Improvement project; therefore utilizing Kimley-Horn for the water main design and  combining the water main project with the overall street improvement project will provide  opportunity for greater benefit with project coordination and cost savings. - This project is part of the Water Resources Departments ongoing Capital Improvement  Program.  Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020 the City  of Asheville selected five consulting firms to provide on-call professional services for  Water Distribution and Storage Projects. - Kimely Horn was one of the selected firms due to their expertise in areas of water  distribution projects, water system analysis and project development. - The City of Asheville entered into a master agreement with Kimley Horn on November  17, 2020 for on-call professional services for Water Distribution and Storage Projects,  valid for three years with two one-year options to renew. - The City of Asheville renewed the master agreement with Kimley Horn for an additional  year, with the contract set to expire after November 17, 2024 and one, one-year option to  renew remaining. - If approved, the proposed engineering services described here within will be developed  into a supplemental agreement under the conditions of the master agreement. - City of Asheville Water Resources Staff determined that utilizing the on-call professional  services for Water Distribution and Storage Projects was the best method to deliver this  project and Kimley-Horn, Inc. was specifically qualified to provide the required  engineering services. - No other vendor outreach was performed.  Committee(s): - None.  Pro(s): - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system through Capital  Improvement Projects, in order to provide safe and reliable service. - Kimley-Horn, Inc. has successfully provided engineering services for other water system  improvement projects. - Kimley-Horn also being utilized as the consultant contracted for the design of the Coxe  Ave Street Improvement project will provide continuity for both project aspects and  opportunity for greater benefit with project coordination and cost savings. - Awarding an engineering services contract would allow the Water Resources Department  to complete the water system capital improvement project in a timely manner and avoid  delaying the replacement of the aging existing water system.  Con(s): - There are no cons associated with entering into this contract.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water  Resources Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-07-23","mt":"regular","id":"II-E","ref":"RES 24-151","it":"resolution","t":"Resolution authorizing the City Manager to execute a professional services contract with CDM Smith for Task Order 3 - PLC/SCADA process automation","desc":"Background: - The City of Asheville’s Water Resources Department serves 156,720 customers in  Buncombe and Henderson Counties. - The Mills River, North Fork and William DeBruhl Water Treatment Plants (WTP) have a  rated production capacity of 43.5 million gallons/day, and provide the drinking water for  the City of Asheville’s water system. - This system also has connections with Hendersonville, Weaverville, Black Mountain,  Biltmore Forest and Woodfin, and provides water to supplement these systems and their  customers. - The City of Asheville’s water distribution system is characterized by mountainous terrain  that requires water to be lifted from low elevation to higher elevation through 41 pumping  stations to 35 water storage tanks for use by water customers. - The Water Treatment Plants, Pump Stations and Water Storage Tanks have computer  systems to manage their operations via the GE IFIX SCADA system, which allows the  control and management of their operation based on set parameters like pressure and  tank levels. - Each of these computer systems uses a PLC (Programmable Logic Controller) to control  the function per designs, which are developed by engineers and system integrators. - The PLCs within this system are old and in some cases obsolete and need to be  replaced to upgrade function, provide resilience, and provide system security from  external threats. - This project will replace and upgrade each of these systems with new technology that will  provide more reliable long term operation and functionality.    \fVendor Outreach Efforts: - CDM Smith Engineering was chosen from the City of Asheville’s Water Resources  Department’s Master On-Call Engineering list to provide professional engineering  services for this project. - The Master On-Call Engineering Services list was developed through a competitive  process. - The Master On-Call Engineer contract with CDM Smith was for three years with two  optional one-year renewals. The first of those renewals has been exercised. The  contract is set to expire on September 4, 2024 if the second renewal is not exercised. - No further outreach was undertaken.  Committee(s): - N/A  Pro(s): - Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for water customers. - Maintains the ability of the City of Asheville’s Water Resources Department to treat  drinking water, pump and store water for the water distribution system.  Con(s): - There are no cons with entering into this contract.  Fiscal Impact: - Funding for this contract is estimated at $508,580, including a $50,000 contingency.  These funds are available in the Water Resources Capital Improvement Budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-07-23","mt":"regular","id":"II-F","ref":"RES 24-152","it":"resolution","t":"Resolution authorizing the City Manager to enter into a professional services contract with Cavanaugh & Assoc. for Task Order 12 - construction","desc":"Background: - The City of Asheville’s Water Resources Department has approximately 63,000 service  connections in Buncombe and Henderson Counties. - The AMI project began in October, 2023 and the estimated substantial completion is  October, 2025 - The AMI project requires additional Construction Management and Inspection Support  Services through the remainder of the project. - Cavanaugh and Associates have satisfactorily provided Construction Management and  Inspection Support Services to date, and have been instrumental in supporting the City of  Asheville’s goals and objectives for the AMI project. - Continued Construction Management & Inspection Support Services are critical to project  success through the remainder of the AMI project.  Vendor Outreach Efforts: - Through a qualifications based selection process beginning in February of 2020 the City  of Asheville selected Cavanaugh and Associates to provide on-call professional services  for Water Distribution Projects related to metering and other related projects. - Cavanaugh and Associates was selected due to their expertise in areas of water  distribution metering projects, water system analysis and project management. - The Master On-Call Engineer contract with Cavanaugh and Associates was for three  years with two optional one-year renewals. The second of those renewals has been  exercised. The contract will expire after August 31, 2025. - No further outreach was performed.  Committee(s): - N/A  Pro(s): - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system through Capital  Improvement Projects, in order to provide safe and reliable service. - Maintains the ability of the City of Asheville’s Water Resources Department to continue to  maintain project oversight and inspection support. - Maintains the ability of the City of Asheville’s Water Resources Department to accurately  measure and manage water usage.  Con(s): - There are no cons with entering into this contract.  Fiscal Impact: - Funding for this contract is estimated at not to exceed amount of $691,982.00 and is  available within the Water Resources CIP budget.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-07-23","mt":"regular","id":"II-G","ref":"RES 24-153 / RES 24-154","it":"resolution","t":"2024 Water Revenue Bonds: bond order authorizing issuance of water system revenue bonds not to exceed $30,000,000, and resolution authorizing approval, execution and delivery","desc":"Background: - In July 2022, City Council adopted resolutions providing staff with authorization to  enter into various contracts related to the Water System’s Advanced Metering  Infrastructure (AMI) Project. - The main contract with Aclara, including contingency, totaled $28,792,604, and it  was noted at the time that the City intended to fund this contract through the  issuance of long-term debt. - Expenses to-date in the AMI project now total $10.6 million, with significant  additional spending expected to occur in Fiscal Year 2024-25. - At the June 25, 2024 meeting, Council approved the initial resolution directing  application to the Local Government Commission (LGC) for issuance of the Water  Revenue Bonds associated with the AMI project and other water infrastructure  improvements. - The City submitted the application to the LGC on July 9, 2024, with sale of the  Bonds planned for August of this year. - To cover the expenses from the AMI project, debt issuance costs, and provide  funding for other eligible water system capital expenses, staff plans, in  consultation with our financial advisors and bond counsel, to issue the debt in an  amount not to exceed $30 million. - The action tonight is the final required Council action as part of the Bond issuance  process.  Council Goal: - Financially Resilient City  Committee(s): - None  Pro(s): - Utilizes debt financing to spread the capital costs over a longer term to better match the  life of the water asset    \fCon(s): - None  Fiscal Impact: - The exact amount and timing of debt payments will be determined after issuance but  staff has included estimated amounts in the Fiscal Year 2024-25 Water Budget for the  payments. Water rate increases approved by City Council in March 2024 will provide  revenue to assist with future debt payments.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-07-23","mt":"regular","id":"II-H","ref":"RES 24-155","it":"resolution","t":"Resolution authorizing the City Manager to execute an agreement and subsequent amendments and renewals with Asheville GreenWorks","desc":"Background: - On February 11, 2014, City Council authorized Resolution 14-27, committing to reduce  waste by 50% by 2035. - Since 2016 the City of Asheville’s Sustainability Department, in partnership with the  Public Works Department, has administered annual agreements with Asheville  GreenWorks to lead waste reduction and sustainability outreach, education, and  programming. - Asheville GreenWorks will continue to engage our community to provide cost effective  services and programs they value through investment in waste reduction opportunities,  litter initiatives, and sustainability programming. - Examples of programs supported by this agreement include Hard 2 Recycle events,  StreamKeeper training, the Trash Trout litter collection program in local creeks, Asheville  Bee City certification and pollinator habitat programming on city property, and volunteer  community litter clean-ups. - The current requested resolution would authorize a 1 year agreement in FY25 totaling  $24,000 with an option to renew for four additional years, bringing the total five year  contract above the required council approval threshold of $90,000.  Vendor Outreach Efforts: - N/A  Committee(s): - None   \fPro(s): - Asheville GreenWorks is a trusted community-led organization with strong relationships  to foster and engage community expertise and volunteers in waste reduction and  sustainability activities. - Community partners are established leaders in waste reduction and sustainability  programming. - This agreement leverages community assets, skills and resources providing added value  beyond the fiscal investment. - This agreement supports Council’s waste reduction and cleanliness goals.  Con(s): - None  Fiscal Impact: - The agreement will total $24,000 from the FY25 Public Works Department budget.  Funding is already budgeted and available. - Agreement renewals are dependent on available funding approved in future budgets, and  may be more or less than the FY25 amount.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-07-23","mt":"regular","id":"II-I","ref":"RES 24-156","it":"resolution","t":"Resolution authorizing the City Manager to execute an agreement with Bountiful Cities to implement programs addressing the City's goals","desc":"Background: - On January 22, 2013 City Council authorized Resolution 13-17 approving a food policy  goals and action plan and incorporating this plan into the Sustainability Management  Plan. - On November 28th, 2017 City Council authorized Resolution 17-257 recommitting to food  policy goals and adopting a revised action plan. - Since 2016 the City of Asheville’s Sustainability Department has administered annual  agreements with Bountiful Cities to lead food policy action programming to increase food  production on city owned property and expand community outreach and education about  food access and production. - Bountiful Cities serves as the fiscal sponsor for Asheville Buncombe Food Policy Council  (ABFPC). The annual agreements include deliverables executed by ABFPC to promote  food waste reduction initiatives and support emergency food preparedness. - Bountiful Cities and ABFPC will continue to engage our community to provide cost  effective services, programs and products they value through investment in educational  resources and programming to support implementation of the Food Policy Action Plan. - The current requested resolution would authorize a 1 year agreement totaling $30,000  with an option to renew for two additional years, bringing the total three year contract  above the required council approval threshold of $90,000.  Vendor Outreach Efforts: - N/A  Committee(s): - None  Pro(s): - Bountiful Cities and Asheville Buncombe Food Policy are trusted community-led  organizations with strong relationships to foster and engage community expertise and  volunteers to benefit public food production and education programming. - Community partners are established leaders in food production outreach and education,  supporting the Community Garden Network and offering annual workshop series. - This agreement leverages community assets, skills and resources providing added value  beyond the fiscal investment.  Con(s): - None  Fiscal Impact: - The agreement will total $30,000 from the FY25 Sustainability Department budget.  Funding is already budgeted and available. - Agreement renewals are dependent on available funding approved in future budgets.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-07-23","mt":"regular","id":"II-J","ref":"RES 24-157","it":"resolution","t":"Resolution authorizing the City Manager to amend the current contract with Green Built Alliance to continue implementation and management","desc":"Background: - On January 28, 2020 City Council authorized Resolution 20-18 and created the Blue Horizons Community Council to achieve the community-wide renewable energy goal. - On January 28, 2020 City Council approved Resolution 20-19 and authorized an interlocal agreement with Buncombe County to issue a joint request for proposals (RFP) to implement and manage the Blue Horizons Project and Blue Horizons Project Community Council for the next three years, depending on availability of funding. - Green Built Alliance was selected to manage the Blue Horizons Project. - After the third year of the three-year period an updated interlocal agreement was signed in February 2023 and an RFP was reissued for this work in May 2023. - Two contracts resulted from this RFP, the contract with Green Built Alliance requesting amendment in this council resolution, and a contract with Bright Spaces, LLC. - Both contracts continue to support Blue Horizons Project program implementation and goals. - The Blue Horizons Project will continue to engage our community to provide cost effective services, programs and products they value through investment in clean renewable ways to power Buncombe County and the City of Asheville to support the community-wide renewable energy goal and climate emergency resolution. - The fiscal year 2024 Green Built Alliance contract was executed in the amount of $56,500, below the council threshold, and therefore did not require Council action. - As the deliverables for fiscal year 2024 have been completed this resolution is requested to amend the current contract to extend it for an additional two years, add funds, and adjust the scope of work based on analysis of effectiveness and agreed upon program deliverables to support this ongoing work. - This contract will support residents in installing energy efficiency measures and renewable energy systems in their homes to reduce energy use, reduce cost of living and increase indoor air quality particularly for our low-to-moderate-income residents. Vendor Outreach Efforts: - N/A Committee(s): - None Pro(s): - The Green Built Alliance has been managing and implementing the Blue Horizons Project for the past six years therefore there will be continuity with the continued program management. - Buncombe County is providing matching funds for the implementation of the Blue Horizons Project in partnership with the City of Asheville. - Funds allocated in this contract will complement and leverage additional resources both from a fiscal year 2025 Bright Spaces contract and through the organization’s leverage of outside resources. Con(s): - None Fiscal Impact: - The contract total will not exceed $127,000 over two years which includes $69,800 from the FY25 Sustainability Department budget. Funding is already budgeted and available. Suggested Motion: - Motion to adopt a resolution authorizing the City Manager to execute an amendment to the contract with the Green Built Alliance to extend the contract for an additional two years for a total contract amount not to exceed $227,000 in order to continue and expand implementation and management of the Blue Horizons Project and Blue Horizons Project Community Council.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-07-23","mt":"regular","id":"II-K","ref":"RES 24-158","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Johnson, Mirmiran and Thompson for the Vance Gap slide repair design","desc":"Background: - Heavy rains in April, 2021 caused a slope failure on Vance Gap Road. - Public Works staff performed temporary repairs to the slide, but a permanent solution is required. - The Request for Qualifications was advertised on April 20, 2021, and responses were due by May 5, 2021. - Two responses to the RFQ were received: Gannett Fleming, Inc. of Asheville, NC Vaughn and Melton Consulting Engineers, Inc. of Asheville, NC - Vaughn and Melton received the highest score from the scoring committee. The scoring committee consisted of representatives from Public Works, Communication and Public Engagement, and Building Safety staff from the Development Services Department. - Vaughn and Melton Consulting Engineers was subsequently purchased by Johnson, Mirmiran and Thompson, Inc. - Evaluation and design started in August, 2021. - Design and property acquisition was completed in December 2023 and the project was advertised on January 17, 2024. - Construction started May 15, 2024. - The requested funding will ensure that contract inspection will be funded to the completion of the project. Vendor Outreach Efforts: - N/A - This is a contract amendment. Committee(s): - None Pro(s): - The amendment ensures that contract inspection will be funded to the completion of the project. Con(s): - None Fiscal Impact: - Funding for the amendment is available in project K2102 - Vance Gap Road Landslide Repair. Motion: - Motion to authorize the City Manager to execute a contract amendment with Johnson, Mirmiran and Thompson, Inc. in the amount of $70,000.00 for the Vance Gap Slide Repair Design and Inspection contract.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-07-23","mt":"regular","id":"II-L","ref":"ORD 5091","it":"ordinance","t":"Budget amendment to change Section 9 of the Fiscal Year 2024-25 Budget Ordinance to adjust the effective date of the amended Pay & Classification Plan","desc":"Background: - City Council adopted the Fiscal Year (FY) 2024-25 annual budget ordinance on June 11, 2024. - Section 9 of the FY 2024-25 budget ordinance that City Council adopted on June 11, 2024 stated that the amended Pay & Classification Plan would become effective with the pay cycle that began on July 6, 2024. - Typically in prior fiscal years, the effective date for the amended pay plan has coincided with the last pay cycle in June, with employees receiving pay increases in the first paycheck in July. - Staff adjusted the effective date in the budget ordinance this year due to uncertainty around the timing of budget passage and the complexity of the FY 2024-25 compensation adjustments. - Human Resources and Finance staff, however, were able to make the payroll adjustments more quickly than anticipated. - Therefore, staff moved the effective date up to the pay cycle that began on June 22, 2024 in order to provide employees with pay increases more quickly and align with prior year practices. - Since Pay & Classification Plan dates are included in the budget ordinance, staff is recommending that Council amend the FY 2024-25 budget ordinance to reflect the new date. Pro(s): - Amends the budget ordinance in compliance with the North Carolina Budget & Fiscal Control Act. Con(s) - None Fiscal Impact: - Funding for the FY 2024-25 amended Pay & Classification Plan was included in the adopted budget. Motion: - Motion to approve a budget ordinance amendment to change Section 9 of the Fiscal Year 2024-25 Budget Ordinance to adjust the effective date of the amended Pay & Classification Plan from July 6, 2024 to June 22, 2024. Welkcker Taylor thanked Council for the fire pay plan; however, he was concerned about compression between the 10 different ranks of the fire pay plan, as the compression has worsened. Councilwoman Roney said that there is clear intention from this Council that we are going to continue to have a serious conversation around wage and compensation, starting with our Policy, Finance & Human Resources Committee. One thing that came up during our conversations on wage and compensation for City staff this past budget cycle was that we weren’t going to consider one-time funds because we needed on-going funds. Wages, based on the cost of housing, is how we are going to recruit and retain City staff that can provide the services that our community deserves.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2024-07-23","mt":"regular","id":"II-M","ref":"RES 24-159","it":"resolution","t":"Resolution authorizing the City Manager to execute an amendment to the existing lease with DeWine Seeds - Silver Dollar Baseball LLC","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as  McCormick Field, since 1984 and leases the property for operation as a minor league  baseball stadium. - The presence of the team contributes to the City’s quality of life. - The economic Impact of the team is very positive for local business. - The impact is expected to exceed $10 million annually. - The Tourists team also annually utilizes hundreds of local people as temporary seasonal  workers. - Having the team downtown contributes to the continuing revitalization of the South Slope  district, making additional walkable options for pre and post game food and beverage  customers for downtown businesses. - In 2022 the City signed a new lease with Dewine Seeds - Silver Dollar Baseball LLC,  valid through December 31, 2023. The lease is currently operating on a month to month  basis as provided in the 2022-2023 Lease.. - In March of 2023 City Council committed, in partnership with the Lessee, Buncombe  County Government and the Buncombe County Tourism Development Authority to  renovate McCormick Field to meet new Major League Baseball standards and to begin to  utilize the stadium outside of baseball season for events. - The proposed lease amendment will cover a two year period beginning retroactively to  January 1, 2024, with a lease fee scheduled at $100,000 for 2024 and $50,000 for 2025. - Lease fee for 2025 is reduced due to the anticipation of a greatly reduced public capacity  for the 2025 baseball season during the renovation project construction cycle, which is  set to begin in September 2024. - Lease revenues will be directed to the McCormick Field renovation project to assist in  enhancing the total project. - A long term lease to become effective 2026 - 2046 is expected to be brought to Council  for review and approval in the early fall of 2024. - In addition to lease payments, the DeWine organization will continue to provide  substantial in-kind services to include the staffing of the stadium, the care and  maintenance of the field and the day to day operations of McCormick Field. - The premises to be leased include the field, stadium, and front parking lot along  Buchanan and McCormick. DeWine-Seeds will also be allowed to use the storage area  and dumpsters that are located near Mountainside Park. - The enclosed map shows the areas that are covered by the lease.  Committee(s): - None  Pro(s): - DeWine Seeds-Silver Dollar Baseball, LLC is committed to keeping minor league  baseball in Asheville. - The presence of the Tourists team has a positive economic impact on the local economy  Con(s): - None  Fiscal Impact: - DeWine Seeds-Silver Dollar LLC will pay the City $150,000 in total lease payments, and  as noted above, they will provide in-kind services to include staffing of the stadium and  maintenance of the field and the day to day operations. - All funds will be directed to the McCormick Field Capital Improvement Project.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2024-07-23","mt":"regular","id":"II-N","ref":"RES 24-160","it":"resolution","t":"Resolution authorizing the City Manager to enter into a general services contract with MB Haynes Corporation for HVAC repair and replacement","desc":"Background: - On July 3, 2023 the HVAC system in the Thomas Wolfe Auditorium (TWA) experienced a  catastrophic failure which ultimately resulted in a six month full closure of the facility and  an additional three month moratorium on full capacity events. - In total, the TWA was closed to full capacity concerts and events from July 4, 2023  through March 15, 2024. - Initial steps have been taken to repair the TWA HVAC system. In total a four step  process is required. - Steps 1, and 2 have been completed. The work associated with this contract is the third  step, and is the largest. - This contract includes repairs & replacements to (3) air handler units, cooling coils, drain  pans, electrical services and ancillary parts and equipment will be completed during this  step of the process. - The repairs will be completed by the end of September 2024 - After completion, the final step of rerouting ductwork will be completed. Ductwork will be  complete in October 2024.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses though solicitation  processes using the State’s Interactive Purchasing System. - Five companies participated in site visits to review the project. - Only one company, MB Haynes, submitted a bid for the project in the amount of  $205,000. Due to the complexity of the project, City staff proposes a 25% contingency in  order to address potential unforeseen circumstances. - City staff can move forward with one bid due to the type of contract that it is and the total  cost being below $300,000 since all necessary outreach steps were performed.  Committee(s): - None  Pro(s): - Results in 100% air handlers in the TWA operating in working order simultaneously, the  first time in over 12 years.  Con(s): - Repairs and replacement of parts, not a full replacement or upgrade. No guarantee that  a similar event will not occur again, however unlikely.  Fiscal Impact: - Funding for this work is available in the HCCA Capital Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2024-07-23","mt":"regular","id":"II-O","ref":"RES 24-161","it":"resolution","t":"Resolution of intent to permanently close a paper right-of-way located on 34 Hiwassee Street and setting a public hearing for August 27, 2024","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - The statute requires the City Council to consider whether the closure of the right-of-way  negatively impacts the public interest and would impede access to parcels, utilities, and  other public infrastructure. - All property owners abutting the unopened right-of-way, namely the City and Duke  Energy Progress, have signed affidavits approving the proposed closure. - The closure's purpose is to allow for a future land exchange between the City of Asheville  and Duke Energy so that Duke Energy can rebuild a substation in that location. - If Council approves the closure, Duke will proceed with the land exchange process with  the City, and the existing alleyway will become Duke's property upon completion of the  new substation and final execution of the land exchange development agreement. - This division of the closed right-of-way will be shown on a plat filed at the register of  deeds office and signed by both the City and Duke. - The City Manager has approved the request to waive the closure fees since this is a  City-initiated request related to a contemplated future City project.  Committee(s): - Multimodal Transportation Commission on July 24, 2024 - Technical Review Committee on August 5, 2024  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way. - Closure of the unopened right-of-way would allow for a land exchange with Duke Energy  to facilitate Duke’s plan to rebuild the downtown substation and facilitate possible future  expansion of the Thomas Wolfe Auditorium or the City’s other potential development  plans for Rankin Avenue.  Con(s): - Relocation of City employee parking.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2024-07-23","mt":"regular","id":"II-P","ref":"RES 24-162","it":"resolution","t":"Resolution authorizing an amendment to the Training Development Associates contract for the Community Development Block Grant program","desc":"Background: - In 2021, the Community & Economic Development Department contracted with Training  Development Associates, Inc. (TDA Consulting), a HOME and CDBG consulting firm, to  provide consulting services to support Asheville’s CDBG and HOME programs, with a  specific focus on the HUD compliance finding related to the administration of the down  payment assistance program. - Additionally, TDA Consulting was instrumental in reviewing HOME funding applications  and assisting with funding recommendations during a period of staff turnover in the  Community Development Division. - With contract amendments, staff has now fully expended the funds on the existing  contract totaling $103,000. - There is remaining closeout work to be done with respect to the HUD finding and TDA is  the firm that has completed all of the prior research, communications, and audit of the  downpayment assistance program. - Staff is seeking authorization to complete the remaining HUD closeout work and assist  with this year’s HOME funding cycle. - The Community & Economic Development Department has identified $50,000 available  from its operating budget that can be allocated to this contract, bringing the total amount  of the contract to $153,000.  Vendor Outreach Efforts: - This vendor subcontracts with a training consultant, Community Development Experts,  who has conducted IDIS (a federal grant management system) training for City staff.  Community Development Experts is a minority-owned firm with expertise in local and  state community development programs. - This vendor was initially procured through an informal bid process. - Staff performed outreach to a qualified woman-owned firm, however, that firm did not  wish to provide a quote for services requested.  Pro(s): - TDA Consulting has been a key vendor assisting the City with resolving the HUD finding  and additional contract dollars will allow this work to be completed.  Con(s): - None noted.  Fiscal Impact: - Funding for this contract is available in existing resources within the Community and  Economic Development Department budget.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2024-07-23","mt":"regular","id":"II-Q","ref":"RES 24-163","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with T.P. Howard's Plumbing Co. for the parking garage Americans with Disabilities (ADA) project","desc":"Background: - A facility assessment of the City’s parking garages conducted in 2023 that identified  areas within each garage that are out of compliance with current requirements of the  Americans with Disabilities Act (ADA). - A project for various ADA improvements was developed for the relocation, restriping, and  improved paths of travel to and from the ADA accessible parking spaces in the Wall  Street, Rankin, and Harrah’s Cherokee Center parking garages. - The bid was advertised May 31, 2024. Bids were received on June 20, 2024, and five  bids were received: - T.P. Howard’s Plumbing Co., Inc. (Fairview, NC) - $ 135,639 - Enterprises G, Inc. (Black Mountain, NC) - $ 144,328 - Balca, Inc. (Fleetwood, NC) - $ 263,375 - Armen Construction, LLC (Charlotte, NC) - $ 308,987 - Cinderella Partners, Inc. (Indian Trail, NC) - $ 502,740 - T.P. Howard’s Plumbing Co., Inc. submitted the lowest responsive and responsible bid.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes using the State’s e-Procurement website and requiring prime contractors to  reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers  for subcontracted services. - Enterprises G, Inc (Black Mountain, NC), a hispanic-owned business, submitted  a bid. The bid was deemed non-responsive because the bid form was not signed. - Balca, Inc. (Fleetwood, NC), a hispanic-owned business, submitted a bid. The  bid included Topos Waterproofing, a hispanic-owned business, as a  subcontractor. - Armen Construction, Inc. (Charlotte, NC), a hispanic-owned business, submitted  a bid. - Cinderella Partners, Inc. (Indian Trail, NC), a woman-owned business, submitted  a bid.  Pro(s): - The improvements will bring the parking garages as compliant as is feasible with the  Americans with Disabilities Act. - ADA parking spaces will be flatter, appropriately sized to current ADA requirements with  access aisles and improved entrance and exit points.  Con(s): - Temporary parking space closures in the area of work.  Fiscal Impact: - The funding for this contract is included in the adopted Capital Improvement Program  (CIP).","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2024-07-23","mt":"regular","id":"II-R","ref":"RES 24-164","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Walker Consultants for engineering of various parking garage repairs","desc":"Background: - The City advertised a Request for Qualifications on October 11, 2022 to conduct a facility assessment and provide engineering professional services for the Parking Garage Capital Improvements Project. - An evaluation committee selected Walker Consultants as the most qualified respondent, and the City awarded a contract to Walker Consultants on January 24, 2023. - The consultant performed an onsite assessment of the City’s four parking garages–Harrah’s Cherokee Center, Rankin Avenue, Wall Street, and Biltmore Avenue garages–and provided a comprehensive assessment and capital planning report. - A contract amendment authorizing the engineering of the most immediate priority repairs was authorized in May 2023. - The services authorized in this current amendment will provide the engineered drawings and construction administration for the remaining priority repairs required at the four parking garages identified in the assessment report. - Upon completion of this repair work, the other repairs identified in the study will be prioritized and addressed. - This will allow staff to focus on long-term maintenance of these facilities which will help to minimize, but not eliminate, future large reactive maintenance projects. - This contract amendment will bring the total revised contract value with Walker to $827,553. - The total cost estimate to complete all recommended repairs in the Parking Garage Capital Improvement Project is $11.3 million. Vendor Outreach Efforts: - At the time of the Request for Qualifications, staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Walker Consultants has subcontracted with John J. Clark & Associates, Inc. of Charlotte, NC which is a black-owned business. Committee(s): - None Pro(s): - The repairs will provide for the safe and beneficial use of City parking facilities by residents and visitors. - The work will extend the life of the parking garages. - A repair versus replace cost analysis determined that a repair-and-maintain strategy is considerably less expensive than a replacement strategy. Con(s): - Construction in the parking garages will temporarily impact parking operations and parking revenue. - Shut-downs in the parking garages can be an inconvenience for neighboring businesses and residents. - The repairs are a large expense against the Parking Services enterprise funds. Fiscal Impact: - Funding for this amendment is included in the adopted Capital Improvement Program (CIP). Suggested Motion: - Motion to adopt a resolution authorizing the City Manager to execute a contract amendment with Walker Consultants for the engineering of various repairs at the Wall Street, Rankin Avenue, Harrah’s Cherokee Center and Biltmore Avenue parking garages in an amount not to exceed $525,000.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2024-07-23","mt":"regular","id":"II-S","ref":"RES 24-165","it":"resolution","t":"Resolution approving the use of Lochinvar boilers as an owner's preferred alternate for the Municipal Building capital repairs and restoration","desc":"Background: - The Municipal Building Capital Repairs and Restoration Project is a structural slab  replacement that also includes a bid alternate for the replacement of the facility’s aging  boiler system. - The boiler replacement is necessary to address an aging boiler that is at the end of its  service life. The current unit does not meet modern efficiency standards and it is prone to  mechanical problems, leaving the building without heat. - The bid specifications for the boiler will include a specific brand name product identified  as an owner preferred alternate. - N.C.G.S. 133-3 authorizes the listing of one or more preferred brand alternates in  bid specifications, so long as: the specifications identify the performance  standards that support the preference; and the preferred brand alternate is  approved in advance by the owner in an open meeting. - The Lochinvar boiler system will be listed as the preferred alternate for the Municipal  Building Capital Repairs and Restoration Project: - Lochinvar boilers are made in the region making service and parts readily  available. - This brand is currently installed at several City owned facilities. - Standardization of primary facility systems leads to reduced in-house labor costs,  improved maintenance efficiency, and decreased system down-time.  Vendor Outreach Efforts: - Not Applicable  Committee(s): - None  Pro(s): - Preferred alternates give the City the opportunity to standardize and therefore improve  efficiency of facility systems. - The City makes the decision whether to accept or deny the alternate.  Con(s): - None  Fiscal Impact: - None","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2024-07-23","mt":"regular","id":"II-T","ref":"RES 24-166","it":"resolution","t":"Resolution authorizing the City Attorney to enter into an opioid settlement agreement with Kroger Co.","desc":"Background: - The opioid overdose epidemic continues to ravage individuals across the nation, North  Carolina, and here in Asheville. - Several local governments across the country have filed lawsuits against opioid  manufacturers, pharmaceutical destruction companies, and chain drug stores to hold  those companies accountable for their misconduct. - A settlement has now been reached in the litigation against one of these entities, the  Kroger Co. (“Kroger”). - By joining the settlement and approving the negotiated Agreement with Kroger, the City  of Ashville will help to increase the total funds flowing to North Carolina local  governments, and ensure that Asheville will receive a portion of those funds. - In order to join the settlement, it is necessary to direct a representative of the City to  execute the legal agreements. - In past settlement agreements, the City Council has directed the City Attorney to consent  to the City’s inclusion.  Vendor Outreach Efforts: - Not Applicable  Committee(s): - None  Pro(s): - Allows the City to share in the settlement funds from the opioid settlement with Kroger,  and increases the total share of funds flowing to North Carolina local governments.  Con(s): - None  Fiscal Impact: - Allows the City to receive up to $80,463.90 in additional Opioid settlement funds.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2024-07-23","mt":"regular","id":"II-U","ref":"","it":"motion","t":"Motion approving the Board of Alcoholic Beverage Control's travel policy adopted January 26, 2016","desc":"Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its 167 ABC boards to get annual approval of board travel policies from their appointing authorities. Section g (2) of 18B-700 states, “The local board shall annually provide the appointing authority’s written confirmation of such approval…”. The ABC Board approved the current policy on January 26, 2016. In 2021, the ABC Board incorporated all the elements to changes in the City’s Travel Policy, and we made no changes to the current policy. The ABC Board formally requests the City of Asheville’s written confirmation of the Asheville Board of Alcoholic Control Travel Policy.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2024-07-23","mt":"regular","id":"II-V","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381 (May 2024)","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for May 2024 are included in the document. Pro(s): - Ensures compliance with provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. Con(s): - None Fiscal Impact: - None. Suggested Motion: - Motion to adopt City of Asheville property tax refunds and releases for the month of May 2024.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2024-07-23","mt":"regular","id":"II-W","ref":"RES 24-169","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract amendment with Frank L. Blum Construction Company (McCormick Field)","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as Lewis McCormick Field, since 1984 and leases the property for operation as a minor league baseball (MLB) stadium. - On March 14, 2023, the City Council authorized the City Manager to sign a funding letter of commitment to MLB regarding the City’s intent to bring McCormick Field into compliance with new facility standards. - Buncombe County Tourism Development Authority (BCTDA) approved the financial commitment funding model on July 26, 2023. - Buncombe County Government approved funding towards the project on March 21, 2023. - In July 2023, staff advertised a request for qualifications for Construction Manager at Risk (CMAR) services in accordance with N.C.G.S. 143-128.1 - Staff negotiated a fee and scope for preconstruction services with the highest ranking firm Blum-WC Construction, as well as the general conditions and fee for future construction services. - The preconstruction services have been completed successfully over the past nine months and included close coordination with the design team and ownership group to vet design documents for construction scheduling, sequencing, cost estimating, MWBE development and subcontractor bidding for 37 different bid packages. - The result of the preconstruction effort is this Guaranteed Maximum Price (GMP) contract amendment. - This GMP construction contract amendment includes the cost of all construction costs anticipated during the entire construction project. - Construction will begin in September 2024 and will be completed by April 2026 in time for the Tourist baseball’s 2026 season. The project will be on-going through the 2025 season which will result in lower capacity during this season. Vendor Outreach Efforts: - Staff performed outreach on the CMAR selection to minority and women owned businesses, through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The selected Blum-WC Construction team is structured as an association with WC Construction, a certified HUB firm having a 15% equity position on the team with limited risk exposure. - Blum-WC has performed extensive outreach to maximize MWBE participation including: - Project Interest meeting (April 2) - In person at Harrah’s Cherokee Center - 47 attended - HUB Outreach/Certification Session (May 9) - Virtual - 38 attended - Working with Blum Office Hours (On going) - Pre-bid Meeting (May 23) - Virtual - 48 attended - Field Networking Session (June 17th) - In person - 30 attended - Current subcontractor outreach log of interested subs is up to 96 total companies - Business inclusion highlights: - WC Construction has a 15% equity partnership with Blum Construction for all construction management services. - Total MWBE participation through the initial bid openings is 8.41%, with additional second tier sub participation possible, but not yet known. - The Disparity Study’s construction specific goal of 8.34% for Black and Hispanic -business has been exceeded through the initial bid openings, at 8.41% - With the remaining bid packages, we expect to achieve total MWBE participation for the construction phase between 10-12%. - Blum-WC Construction recognizes the importance that the City of Asheville places on utilizing minority-owned businesses and is committed to maximize opportunities for MBE participation throughout the remaining construction phase work. Committee(s): - None Pro(s): - Provides for construction improvements on an asset with a demonstrated need for improvements. - The construction improvements will allow for greater facility use for programming other than baseball including facility usage through all twelve months of a calendar year. - Utilizes grant and lease funding to maximize the local funding on a City owned asset. Con(s): - When under construction, this project will have an impact on the activities that occur in this facility, in particular baseball. - Construction activities may impact adjacent neighborhoods, similar to the current Memorial Stadium construction work. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.The City will issue Limited Obligation Bonds (LOBs) to fund the project with debt service on the LOBs extending over 20 years. - As previously shared with Council, the funding model for the project includes debt service contributions from the Asheville Tourists, Buncombe County, and BCTDA. - It is estimated that the City’s annual contribution toward the debt service will be approximately $875,000. - The City anticipates issuing the LOBs in early calendar year 2025, with the first debt service payment occurring in fiscal year 2025-26.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2024-07-23","mt":"regular","id":"II-X","ref":"RES 24-170","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Terracon Consultants Inc. for the special inspections of McCormick Field","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as Lewis McCormick Field, since 1984 and leases the property for operation as a minor league baseball stadium. - Construction improvements at McCormick Field are starting in September 2024. - City of Asheville staff publicly advertised for Special Engineering Related Inspection services related to the McCormick construction, as required for a professional service selection process. - Five submittals were received and evaluated based on their qualifications, experience and technical approach. - The evaluation of those submittals, ranked by a three member evaluation committee, resulted in Terracon Consultants, Inc. in Arden, NC being the highest ranked firm. - Negotiations with Terracon resulted in an agreed fee not to exceed $148,180.00 - Construction will begin in September 2024 with the first phase occurring during the off season for Tourists baseball. - The second construction phase will occur during the 2025 baseball season, resulting in a somewhat reduced seating capacity. - The project will be completed by April 2026 in time for the Tourist baseball’s 2026 season. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses, through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Terracon will not be outsourcing any of the services required for this Special Inspections contract. Committee(s): - None Pro(s): - Provides for inspection services to ensure that the facility improvements meet all code requirements.. Con(s): - None. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.The City will issue Limited Obligation Bonds (LOBs) to fund the project with debt service on the LOBs extending over 20 years. - As previously shared with Council, the funding model for the project includes debt service contributions from the Asheville Tourists, Buncombe County, and BCTDA. - It is estimated that the City’s annual contribution toward the debt service will be approximately $875,000. - The City anticipates issuing the LOBs in early calendar year 2025, with the first debt service payment occurring in fiscal year 2025-26.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":26},{"d":"2024-07-23","mt":"regular","id":"II-Y","ref":"RES 24-171","it":"resolution","t":"Resolution authorizing the City Manager to use the preferred alternate of Schlage hardware in the bid specifications for the McCormick Field project","desc":"Agenda Requested: Adoption of a resolution authorizing the City Manager to use the preferred alternate of Schlage door hardware in the bid specifications for the McCormick Field Renovation Project. Background: - The McCormick Field Renovation will require equipment in the bid specifications that will identify brand names known as a preferred alternate, specifically Schlage Door Hardware. - Schlage Door Hardware is currently installed in many City buildings and assists with efficient operations and maintenance by providing a consistent lock system under a master key system to work across City buildings. - NCGS 133-3 requires bid specifications to cite three or more examples of items of equal design or equivalent design. - This statute does allow for a preferred brand alternate. Specifications must identify the performance standards that support the preference. - Performance standards for the preference must be approved in advance by the owner in an open meeting. - Any alternate approved by the owner shall be approved only where: Preferred alternate will provide cost savings, maintain or improve the functioning of any process or system affected by the preferred item or items, or both, and - The statute requires justification identifying these criteria to be made available in writing to the public - which is being completed through this City Council action. Vendor Outreach Efforts: - N/A Committee(s): - N/A Pro(s): - Provides systems that will continue standardization or compatibility with existing City systems. - This will result in cost savings through reduced operations and maintenance. Con(s): - Preferred alternatives may reduce competitive pricing. - To improve the competitiveness the products can be bid on by several suppliers. Fiscal Impact: - None at this time.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":27},{"d":"2024-07-23","mt":"regular","id":"IV-A","ref":"ORD 5092","it":"public_hearing","t":"Public hearing / ordinance to designate the property known as F.W. Woolworth (historic landmark designation)","desc":"Urban Planner III Alex Cole said that this is the consideration of an ordinance designating the property known as the F.W. Woolworth Building, located at 25 Haywood Street, as a local historic landmark. This public hearing was advertised on July 12 and 19, 2024.  Project Location and Contacts: - The designation site consists of a 0.22 acre parcel located at 25 Haywood Street (PIN  9649.30-6516) owned by JAS Family Realty Limited Partnership. - Petitioners/Applicant: Philip Woollcott, Scott Sirkin  Summary of Petition: - The subject property consists of a 0.22 acre parcel located on Haywood Street within the  Central Business District. - The property contains the F.A. Woolworth Company Building, which is a two-story Art  Deco structure constructed in 1939. - The subject property is listed as a \"contributing\" historic resource to the Downtown  Asheville National Register Historic District. - The F.A. Woolworth Company Building, designed by notable Asheville architect Henry  Gaines, and constructed in 1939, is significant architecturally as an intact early  20th-century Art Deco-style commercial building. - The building is also significant for its association with commercial development of  downtown Asheville through the 20th-century. - The building is also especially significant for its importance as a site of local civil rights  protests and activism in the 1960s. - The proposed designation includes the entire parcel and exterior of the building, as well  as the following interior features of the main floor: the lunch counter and stools, center  row of square posts, plaster moldings at the ceiling, and terrazzo floors. - Pursuant to N.C. General Statute 160D-942, the Historic Resources Commission of  Asheville and Buncombe County (HRC) is responsible for recommending to the  governing body areas to be designated by ordinance as \"Historic Districts\" and individual  structures, buildings, sites, areas, or objects to be designated by ordinance as  \"Landmarks.\" - Pursuant to N.C. General Statutes 160D-945 and 160-946, and UDO Ch. 8-5 and 8-6,  the HRC has found the subject property to have special significance in terms of its  historical, prehistoric, architectural, and/or cultural importance, and to possess integrity of  design, setting, workmanship, materials, feeling and/or association, and recommended  unanimously in favor of designating the F.A. Woolworth Company Building as a local  historic landmark. - Pursuant to N.C. General Statute 160D‑946 (2) & (3), the HRC consulted with the North  Carolina Department of Natural and Cultural Resources on the proposed designation of  the F.W. Woolworth Company Building as a local historic landmark. - If the property is designated as a local historic landmark, a Certificate of Appropriateness  (CA) will be required for future modifications to the parcel, exterior of the building and  identified interior features on the main floor to ensure the historic character of the  property is retained and preserved over time.  Consistency with Comprehensive Plan and Other Plans:   \fLiving Asheville Comprehensive Plan: - Promote Great Architecture and Urban Design to Enhance Placemaking - by  promoting adaptive reuse as a means of preserving an historic building, and conserving  materials and embodied energy in buildings. - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking -  by continuing to implement recommendations from the Downtown Master Plan and the  Historic Preservation Master Plan, and by protecting neighborhood character using  zoning tools. - Elevate the Arts and Cultural Sectors to Strengthen and Preserve Heritage and  History - by continuing to support the identification, stewardship and preservation of  historic properties, to pursue their designation as appropriate, and to devote particular  attention to the preservation of areas with historic value to communities of color; and by  promoting adaptive reuse of historic structures.  Downtown Master Plan - Community Vision - Preserve and enhance Downtown's diverse architecture, historic  resources, walkable streets, and view corridors. - Continue to protect landmark buildings and views to and from our mountain setting. - Support adaptive reuse. - Enhance the Downtown Asheville experience by cultivating its creative, cultural and  historic character. - Rehabilitation of historic buildings and utilization of historic preservation tax  credits have contributed to re-investment in Downtown Asheville. (p.43-46) - These incentives for Downtown revitalization are keys to continued success. - The Woolworth building property owners took advantage of preservation  tax credits for rehabilitation work to the building as recently as 2021.  Historic Preservation Master Plan - Heighten public appreciation for Asheville and Buncombe County's heritage and historic  resources. - Support private initiative as a major way through which historic resources are recognized,  preserved and enhanced. - Encourage individual landmark designation where appropriate in order to provide  property tax reduction as an incentive for high-quality rehabilitation and/or simple  maintenance.  Fiscal Impact: - As an incentive for local landmark designation, designated properties are eligible for a  50% annual property tax deferral; currently, the tax appraisal for the property is  $4,104,000; if the property is designated as a local landmark the potential tax savings for  the property would be $22,998 annually.  Committee(s): - Historic Resources Commission - June 12, 2024 - unanimously recommended approval  (8-0)    \fStaff Recommendation: - Staff finds that the proposed local historic landmark has special historic and cultural  significance, and is compatible with the Living Asheville Comprehensive Plan, the  Downtown Master Plan, and the Historic Preservation Master Plan. The Historic  Resources Commission reviewed this proposed designation on June 12, 2024 and voted  unanimously in favor (8-0) of the landmark designation of the F.A. Woolworth Company  Building and recommended Asheville City Council approval of this local historic landmark  designation application.   Ms. Cole said that the following are the key takeaways from her presentation (1) Local historic landmarks are properties that have special historic, prehistoric, architectural, and/or cultural significance; (2) The Historic Resources Commission (HRC) is responsible for making recommendations on local historic landmark designations to Asheville City Council and the Buncombe County Board of Commissioners; (3) Designed by noted local architect Henry Gaines, the F.W. Woolworth Company Building (\"Woolworth Building\") was constructed in 1939 and is an extant example of early 20th-century Art Deco-style commercial architecture in Downtown Asheville; (4) The Woolworth Building is also especially significant for its importance as a site of local civil rights protests and activism in the 1960s; (5) At their June 12, 2024 meeting, the HRC recommended unanimously in favor of designation of the Woolworth Building as the 51st local historic landmark in Asheville and Buncombe County; and (6) Local landmark designation would ensure that the historic character that conveys the special significance of the property is preserved for future generations. She said the Landmark Designation Process consists of N.C.G.S. 160D-945 & 160D-946 and UDO Ch. 8-5 & 8-6 - HRC/City Council authority to designate local historic landmarks and outline of process for review and designation. She then provided the following background, which started in August of 2023 with a preliminary landmark designation application received by the HRC. In October of 2023, the Woolworth Building site visit with HRC members and Planning & Urban Design (PUD) staff. In January 2024 the draft landmark designation report was submitted and presented to the HRC. In April 2024, the revised draft landmark designation report was submitted and presented to the HRC; staff submitted a draft report to NC Dept. of Natural and Cultural Resources for review and comment. In June 2024, the HRC held a public hearing on the designation and recommended unanimously in favor of designation of the Woolworth Building as a local historic landmark. She then gave a brief F.W. Woolworth Company building historical overview (1) Designed by noted local architect Henry Gaines and constructed in 1939 for the nationally prominent F.W. Woolworth Company; (2) Distinguished extant example of early 20th-century Art Deco-style commercial architecture in Downtown Asheville; and (3) Significant as a site of local civil rights protests and activism in the 1960s, and the most intact site in downtown Asheville where these momentous events took place. Effects of landmark designation include (1) Recognizes and honors the cultural and historical significance of an important place that allows us to tangibly connect to Asheville and Buncombe County's unique historic legacy; (2) Fulfills multiple goals and strategies identified in the Living Asheville Comprehensive Plan, the Downtown Master Plan, and the Historic Preservation Master Plan; (3) Supports preservation of a place of special historical and cultural significance so that legacy can be conveyed over time for future generations; and (4) As an incentive for designation, the property will be eligible for a 50% annual property tax deferral. The HRC, at its June 12, 2024, unanimously (8-0) recommended in favor of designation of the Woolworth Building as a local historic landmark. Staff recommends City Council adopt the ordinance designating the Woolworth Building as the 51st local historic landmark in Asheville and Buncombe County.   In response to Councilwoman Mosley regarding the possibility of a NC Civil Rights Trail marker at that location, Ms. Cole said that we could potentially pursue a Civil Rights marker but that there was already a NC Historic Highway marker in front of Woolworth's. From what she understood from the website, the state would not consider a new Civil Rights trail marker in a    \flocation with a highway marker. She said that she would welcome the African American Heritage Commission’s help in that determination.   Mayor Manheimer opened the public hearing at 5:30 p.m.   Jonathan Wainscott spoke in support of the landmark designation.   Mayor Manheimer closed the public hearing at 5:32 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":28},{"d":"2024-07-23","mt":"regular","id":"IV-B","ref":"RES 24-167 / ORD 5093","it":"public_hearing","t":"Public hearing / resolution authorizing the submittal of the FY 2024-25 Annual Action Plan and budget amendment to adopt the fiscal year 2024-25 CDBG Fund and HOME Fund budgets","desc":"Community & Economic Development Director Nikki Reid said that this is the consideration of a public hearing and adoption of a (1) resolution authorizing the submittal of the 2024-2025 Annual Action Plan for Community Development Block Grants and HOME Investment Partnerships Program to the U.S. Department of Housing and Urban Development; and (2) budget amendment (a) to adopt the Fiscal Year 2024-25 Community Development Block Grant Fund budget in the amount of $1,003,034 and (b) to adopt the HOME Investment Partnerships Program Fund budget in the amount of $1,011,026. This public hearing was advertised on June 14 and 21, 2024. On June 15, 2024, City Council continued the public hearing until this date.  Background: - The City of Asheville is a HUD entitlement community and participating jurisdiction where  it receives formula funding through the Community Development Block Grant (CDBG)  and HOME Investment Partnerships Program (HOME). - The City receives this funding annually through a federal formula allocation process. - CDBG funds support housing and community development activities within the City of  Asheville. - HOME funds support affordable housing activities within the four-county consortium  region including Buncombe, Madison, Transylvania, and Henderson Counties. - All funded activities must be in alignment with the goals and priorities outlined in the  City’s Five Year Consolidated Plan. - On May 7, 2024, HUD released the 2024-2025 formula allocations for the CDBG and  HOME programs. - The City of Asheville is a CDBG entitlement community and anticipates an award  of $1,003,034 in CDBG funds this year with an estimated $72,000 of program  income.Totaling an anticipated $1,075,034 available from CDBG. - The Asheville Regional Housing Consortium (ARHC), with Asheville as the  participating jurisdiction, anticipates an award of $1,011,026 in HOME funds. - CDBG applications have been reviewed and staff recommendations for funding were  presented to the Housing and Community Development Committee on April 16, 2024  where they were unanimously endorsed.  Proposed Use of CDBG Funds:   Program Recommended Funding  The SPARC Foundation - Domestic Violence $22,000 Intervention Program (DVIP) and Strong Fathers  Helpmate, Inc - Shelter Case $50,000 Manager/Facilities Manager  Pisgah Legal Services - Homelessness $41,000 Prevention  OnTrack Financial - Housing and Financial $28,000 Capabilities  Homeward Bound of Western North Carolina - $37,900 AHOPE Day Center which is the primary access point for the Coordinated Entry System  Mountain BizCapital, Inc. dba Mountain $110,000 BizWorks - Expanding Access to Small Business Training, Coaching and Capital for Low Income Entrepreneurs  Helpmate, Inc - Case Management for DV $50,000 Survivors  Carolina Small Business Development Fund - $110,000 Opportunity Asheville  Technical Assistance $24,000  Fair Housing $15,000    \f City of Asheville Community Center $380,171  Improvements - Stephens Lee   CDBG Program Administration $206,963   Total $1,075,034 - HOME applications have been reviewed by staff, and on June 5, 2024 the Asheville  Regional Housing Consortium Board (ARHC) established a subcommittee to review  applications and make recommendations to ARHC for consideration. - The ARHC provided recommendations for HOME funding at their July 8, 2024 meeting. - The ARHC recommended prioritizing the Apple Ridge development in Henderson  County for full funding at $600,000. - With the remainder of funds, the ARHC will take action at a later date to award  these funds to affordable rental projects. - Of the three other proposed projects, 2 are awaiting tax credit award  notifications. - Once these awards are decided, the ARHC will make a follow up award of funds. - The Annual Action Plan will reflect these funds to be used for affordable rental  housing, new construction.  Proposed Use of HOME Funds:   Program Recommended Funding   Affordable Rental, New Construction: Apple $600,000  Ridge, The Housing Assistance Corporation   Affordable Rental, New Construction: $309,924  Remainder to be held for affordable rental,  new construction activities, pending further  action by ARHC and tax credit funding awards   HOME Administration $101,102   Total $1,011,026 - The Annual Action Plan also includes an updated HOME recapture policy for  downpayment assistance programs operating within the 4-county consortium footprint  using HOME funds.  Committee(s): - Housing and Community Development - April 16, 2024 - recommended to Council with a  unanimous vote in favor of CDBG funding recommendations. - Asheville Regional Housing Consortium Board (ARHC) - July 8, 2024 - recommended to  Council with a unanimous vote in favor of HOME funding recommendations. - Asheville Regional Housing Consortium Board (ARHC) - July 22, 2024 - took action  concerning the updated HOME Recapture Policy for downpayment assistance.  Pro(s) - Approval of the Annual Action Plan paves the way for HUD funding to be utilized by  partners in the City of Asheville and the region, with funds to be used to create affordable  housing and jobs and to make positive impacts in our low and moderate income  communities.  Con(s) - It is not always possible to fund all of the applications received and many agencies  funded will receive less than the amounts requested.  Fiscal Impact: - The Annual Action Plan is fully funded from federal CDBG and HOME entitlement grants,  unspent funds from prior-year allocations, and estimated program income. - Staff costs to administer the program are paid from federal sources. - The City’s anticipated CDBG award is $1,003,034 and HOME award is $1,011,026.   Ms. Reid outlined the following key recommendations from her presentation: (1) Each year, the US Department of Housing and Urban Development provides the City with CDBG and HOME Partnership funds to support affordable housing, public services, economic development and community improvements; (2) The Housing and Community Development Committee (HCD) recommends the following awards: (a) Community Development Block Grant Program (CDBG) Funding = $1,075,034; (b) Total of nine grants, including a COA Community Center projects and set asides for technical assistance and fair housing, plus staff administration; (3) The Asheville Regional Housing Consortium (ARHC) recommends the following awards: (a) HOME Investment Partnership Program (HOME) Funding = $1,011,026; and (b) Total of one grant and a set-aside for future rental construction projects, plus staff administration; and (4) The public hearing is the final step in submitting the 2024-2025 Annual Action to HUD to define the community investments with these federal funding sources. Ms. Reid then gave a brief summary of the funding cycle process. She reviewed the 2020-24 consolidated plan priorities, along with the recommendations for the CDBG Public Services, CDBG Non-Public Services; and HOME Rental Housing Development. She then provided a brief update on the HOME Recapture Policy as follows: (1) The U.S. Department of Housing and Urban Development (HUD) permits the use of HOME funds to assist low-income homebuyers with down payment assistance to purchase single family homes as a principal residence, subject to statutory affordability requirements; (2) HUD requires that each Participating Jurisdiction (PJ) establish resale or recapture requirements that apply to all homebuyer activities, and include the provisions as part of the Annual Action Plan submission; (3) An updated recapture policy was reviewed by the ARHC (a) Policy sets the framework for repayment of down-payment assistance as a result of prepayment, sale or transfer of the home (referred to as “recapture”); and (b) Policy updates include flexibility for programs to use either a the option to recapture original amount or shared appreciation upon sale or transfer of the home; and (4) Updated policy will allow greater flexibility for partner agencies to carry out down payment assistance programs.   Mayor Manheimer opened the public hearing at 5:41 p.m., and when no one spoke, she closed the public hearing at 5:41 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the resolution and ordinances and they would not be read.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":29},{"d":"2024-07-23","mt":"regular","id":"IV-C-1","ref":"","it":"public_hearing","t":"Bond order authorizing the issuance of $20,000,000 General Obligation Housing Bonds","desc":"","c":"Budget & Finance","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"policy category","sq":30},{"d":"2024-07-23","mt":"regular","id":"IV-C-2","ref":"","it":"public_hearing","t":"Bond order authorizing the issuance of $20,000,000 General Obligation Transportation Bonds","desc":"","c":"Budget & Finance","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"policy category","sq":31},{"d":"2024-07-23","mt":"regular","id":"IV-C-3","ref":"","it":"public_hearing","t":"Bond order authorizing the issuance of $20,000,000 General Obligation Parks and Recreation Bonds","desc":"","c":"Budget & Finance","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"policy category","sq":32},{"d":"2024-07-23","mt":"regular","id":"IV-C-4","ref":"","it":"public_hearing","t":"Bond order authorizing the issuance of $20,000,000 General Obligation Public Safety Bonds","desc":"","c":"Public Safety","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"policy category","sq":33},{"d":"2024-07-23","mt":"regular","id":"IV-C-5","ref":"RES 24-168","it":"resolution","t":"Resolution setting a Special Bond Referendum (directing the Buncombe County Board of Elections)","desc":"Mayor Manheimer asked for public comment, but received none.   Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Budget & Finance","mo":"public_hearing","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"policy category","sq":34},{"d":"2024-07-23","mt":"regular","id":"IV-D","ref":"ORD 5094","it":"public_hearing","t":"Public hearing to consider conditional zoning of 767 New Haw Creek Road from RS-4 to Residential Expansion - Conditional Zone for 95 new single-family housing units","desc":"Urban Planner II Sam Starr-Baum said that this is the consideration of an ordinance to  conditionally zone 767 New Haw Creek Rd from RS-4 Single-Family Medium Density to  Residential Expansion - Conditional Zone for the purpose of building 95 new single-family  housing units. This public hearing was advertised on April 12 and 19, 2024. On April 23, 2024,  at the applicant’s request, this public hearing was continued to June 11, 2024. On June 11, 2024,  at the applicant’s request, this public hearing was continued to this date.   Project Location and Contacts: - The project site totals 27.05 acres located at 767 New Haw Creek Road (PIN  9659-93-9458). - Owner: Margaret B King. - Applicant: Warren Sugg, Civil Design Concepts.   Summary of Petition:  Overall Project Proposal - The petitioner is seeking a rezoning of the parcel at 767 New Haw Creek Road from  Residential Single-Family Medium Density District (RS-4) to Residential Expansion -  Conditional Zone (RES EXP-CZ) in order to construct a 84 unit residential development  consisting of 49 single-family residential homes, 35 townhomes, and associated parking,  resident amenities, and stormwater infrastructure.  Project Site - The project site is a 27.05 acre parcel that is currently bisected by New Haw Creek Road.  The portion west of New Haw Creek Road is approximately 7 acres, and while  predominantly wooded, consists of two addressed single-family structures–768 and 780  New Haw Creek Road. - The other 20 acres east of New Haw Creek Road contains New Haw Creek, a series of  smaller drainage paths, and a majority of the mature forest on this site. - There are currently 3 addressed single-family structures and 5 addressed accessory  structures on the eastern portion of this property-767 New Haw Creek Units 1-5, 769 New  Haw Creek Units 1-2, and 771 New Haw Creek Road. - The applicant has indicated that 20 of the 27 acres will be disturbed for this project. - The property is currently zoned Residential Single-Family Medium Density District (RS-4)  and exclusively abuts RS-4-zoned land in Asheville. - The applicant is requesting a conditional zoning to Residential Expansion CZ due to the  proposed 84 residential units (49 single-family residences; 35 attached single-family  residences). - Major Subdivisions of this kind, when containing between 20-49 residential units  are reviewed as a level II project at the Technical Review Committee only. The  reason this proposal is reviewed as a Conditional Zoning is that the number of  units proposed exceeds the 50-unit level II threshold. - The Living Asheville Comprehensive Plan designates the Future Land Use (FLU) of the  project site as “Residential Neighborhood”..   UDO Compliance  UDO Provision RES-EXP Requirement: Proposed:  Gross Floor Area: N/A N/A    \fDensity: up to 20 Units/Acre 3.1 Units/Acre  Lot Size Minimum 3,500 sq. ft. 2,090 sq. ft. townhome lots  4,860 sq. ft. SFR lots  Building Height(s): 40 ft. maximum height 40 ft. maximum Height  Building Setbacks: Front: 15 ft. SFR Townhomes  Side: 6 ft. Front: 15 ft. Front: 20 ft.  Rear: 15 ft. Side: 7 ft. Side: N/A  Rear: 15 ft. Rear: 15 ft.  Vehicle Parking Spaces: 1 per unit to 3 per unit based on 1 per unit to 3 per unit based on  bedrooms provided. bedrooms provided.  Bicycle Parking Spaces: 12 spaces 12 spaces  Open Space: 4.06 ac. 9.20 Ac.  Impervious Surface Area: Residential: 50% Max 8.40 ac./31%  Multi-Family: 80% Max  Sidewalks: 5 ft., on both sides of any street where 5 ft. on the western portion of  the projected average daily traffic New Haw Creek Road, and on  exceeds 1,000 vehicles per day. New both sides of Haw River Drive,  Haw Creek Road exceeds this Elm Shadow Way, Red Ember  threshold. Drive, and Beargrass Lane.  Tree Canopy Preservation: Management District: Suburban Preserved: 19.3% (1227,680 sf.)  Classification: Class C  Existing canopy: 53%  Required canopy: 17% - Type B, 30’-wide property  buffers are required where  Property Line Does apply  the property abuts  Buffer  single-family zoning districts Applicable Landscaping to the north and west.  Street Buffer Does not a… Standards ● Street tree requirements are  met, but vary based off the  Street Trees Does apply  presence of overhead  utilities along New Haw  Parking Does not a… Creek Road.  Landscaping   Building Does not a…  Landscaping   Screening Does not a…   Site Layout and Design - The applicant’s proposed 84 units over 27.05 Acres amounts to 3.1 units/acre, which is  below the allowed 540 total units or 20 units/acre for a site of this size under RES  EXP-CZ standards. - Each residence will have their own lot with the following setbacks: - Exterior property line project: 30’ (matching buffer) - Single-family Lots: Front – 15’, Side – 7’, Rear – 15’, Corner – 7.5’. - Townhome Lots: Front – 20’, Side – 0’, Rear – 15’, Corner – 0’. - The site proposes access off a non-signalized intersection from Sleepy Hollow Drive with  the newly created Beargrass Lane. - The single-family residences will all be accessed from four new streets: Beargrass Lane,  Haw River Drive, Elm Shadow Way, and Red Ember Drive. - The townhomes will be to the western side of the New Haw Creek Drive, and accessed  exclusively from King Meadows Court. - Impervious limitations and building height are all compliant with the RES EXP - CZ  district. - The project includes a jurisdictional stream and shows compliant setbacks - There are also portions of this site that fall within the floodway, 100 year, and 500  year floodplains.  Access, Sidewalks and Parking - Access for the single family homes will be from Sleepy Hollow Drive. - Given that the access is approximately 80’ from the intersection of New Haw Creek Road  and Sleepy Hollow Drive, the entry configuration is scheduled for NCDOT review and City  approval at Final TRC. - The applicant has not stated whether the roads will be privately maintained by the  Homeowners Association or if these will meet the standard to be dedicated to the City of  Asheville. - The project proposes 5’ minimum sidewalk (with 8’ grass strip) along the west side of the  existing NCDOT road New Haw Creek Road. No sidewalk is currently shown on the east  side of the New Haw Creek Road.. - The project also proposes 5’ minimum sidewalk (with a 5’ grass strip) on both sides of  new Haw River Drive (matching road slopes). - Beargrass Lane, Elm Shadow Way and Red Ember Drive are proposed to have a 5’  sidewalk on the eastern portion of the road, with no grass utility strip. - All vehicle parking will be contained within the driveway and garages of the residential  structures. - The applicant has shown two locations for the required 12 bicycle parking spaces–six  spaces will be on the northeast corner of the property closer to the mail kiosk for the  townhomes, and the other six will be near the intersection of Haw River Drive and  Beargrass Lane.  Landscaping / Open Space / Tree Canopy - Open space is shown at 11 acres, which exceeds the requirement of 4.06 Acres. A “Type  B” 30-foot property buffer is required and provided on the plans. - The applicant proposes a condition where the “Type B” buffer will be met though  the existing vegetation. - The applicant will plant to UDO requirements where existing vegetation is not  feasible to satisfy “B” buffer requirements. - The project is located in the Suburban Resource Management District. Tree canopy  protection requires “Class C” compliance. - The applicant’s revised plans will preserve 19% of the existing mature  canopy on site.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed rezoning would support the theme of A Livable Built Environment by   \f implementing the following goals in the Living Asheville Comprehensive Plan, including: - Make Streets More Walkable, Comfortable and Connected by adding  pedestrian infrastructure where there are high volumes of traffic and  pedestrians and eliminating gaps in the city-wide sidewalk network. - Build Out the Greenway Network by providing a 12’ wide greenway  that will run north/south through the property, and provide an eastern  connection that will link the three new proposed streets through a series  of sidewalks and 5’ wide walking paths. - The proposed rezoning supports the theme of A Resilient Economy by implementing  the following goal in the Living Asheville Comprehensive Plan, including - Increase and Diversify the Housing Supply by adding both  single-family and townhome options at a density of 3.1 units an acre, the  proposed project meets the comprehensive goals of maintaining  neighborhood character while still “increasing density at a variety of  scales”. - The proposed rezoning is compatible with the Future Land Use designation of  “Residential Neighborhood” which describes areas that “historically developed following  a single master plan and usually at a lower density than traditional neighborhoods.  Mainly consisting of single family housing, the types of housing in residential  neighborhoods generally offer little variation of building types throughout the  neighborhood. In many cases there are limited access points into and around the  development with access points often ending in dead-end streets”. - Staff finds that the proposed project is compatible with the type of master  site plan development envisioned for “Residential Neighborhoods” in the  FLU designation, and this development is also in alignment with the  density proposed in the Living Asheville plan, which states: “Residential  Neighborhood Future Land Use Category use may approach 3-5  dwelling units per acre, which is what the proposed density is for the  Meadows at New Haw Creek. - Staff finds that in addition to the density and site planning elements, the  variety of units proposed is in alignment with the Residential  Neighborhood FLU designation. The comprehensive plan is clear that  “Over time, residential neighborhoods can benefit from having more  housing diversity such as (but not limited to) accessory apartments,  duplexes and other types of small-scale infill housing. The infill  development, such as the attached townhomes can help these  residential neighborhood areas reach their full potential to resemble  traditional neighborhoods. The FLU concludes: “to this end, residential  subdivisions in the Residential Neighborhoods Future Land Use  Category should consider a compact traditional neighborhood  development pattern”. The Meadows at New Haw Creek, therefore, will  meet the current standards for RES-EXP but lay the foundation for the  Residential Neighborhood context that Living Asheville calls for.  Compatibility Analysis: - The proposed residential development is compatible with the surrounding land uses,  including:  - variety in type, and contextually appropriate size of the residences and  residential lots in the immediate vicinity.    \f - Townhomes located south at 580 New Haw Creek Road, .77 Miles south of the  subject parcel. Apartments and higher zoning densities also exist within a 1 mile  radius of the project site.   - With respect to the neighboring educational facilities, staff finds that the proposed  project is a compatible land use to the neighboring schools (Haw Creek  Elementary and Evergreen Community Charter School).  Committee(s): - Technical Review Committee (TRC) - February 5, 2024 - approved with conditions. - Planning and Zoning Commission (PZC) - March 20, 2024 - approved (vote: 4-3) with the  addition of the following conditions: - The applicant will build sidewalks on all sides of Beargrass Lane, Red Ember  Drive and Elm Shadow Way. Rather than constructing a sidewalk on the eastern  portion of Haw Creek Drive, the applicant shall be responsible for the  construction of a sidewalk connecting the proposed on-site multi-use path,  across 719 New Haw Creek Road, to the city sidewalk project terminating on Bell  Road, - This obligation shall include the design, easement acquisition, construction, and  any additional tasks necessary to install and dedicate the sidewalk to the City of  Asheville for public use. - If the applicant is unable, after exercising reasonable efforts, to obtain the  necessary approvals and property rights for the sidewalk construction from the  N.C. Dept. of Transportation (NCDOT) and the property owner of the parcel  located at 719 New Haw Creek (PIN 9659924876), the applicant shall instead  make a donation of funds equivalent to the total cost of design, acquisition, and  construction to the City of Asheville. - There will be no clear cutting within the stated Type B property buffer. - The topsoil will be preserved and be reused in construction to preserve soil  quality and the existing native seed bank. - The applicant will provide education programs for homebuyers, and will engage  with community partners to provide down payment assistance options. - The applicant will provide a public access easement to the City for the future  development of the stated greenway as shown on the plans. - Subject to NCDOT approval, the applicant will provide a flashing crosswalk, or  other traffic calming measures as deemed most appropriate, for this project to  ensure pedestrian safety crossings across New Haw Creek to connect to the  proposed greenway.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Starr-Baum reviewed the existing and proposed zoning, and the aerial imagery. Regarding the future land use map designation, (1) Historically developed following a single master plan; (2) Limited access points into and around the development with access points often ending in dead-end streets; (3) Sidewalks located within residential neighborhoods and connecting to major corridors are a priority; and (4) Residential Neighborhood Future Land Use Category use may approach 3-5 dwelling units per acre. Using a chart, he then explained the    \fstandards between RS-4, what is proposed, and the Residential-Expansion standards. He then outlined the following revised conditions: For (3) Project will include 84 new residential units consisting of 49 single-family residences and 35 townhome units; for (9) The Project will include a 4.3-acre tree canopy preservation area on the eastern portion of the site, as shown on the approved site plan. The developer will make reasonable efforts to transfer a conservation easement over this 4-3-acre area to an established conservation organization such as SAHC or Riverlink. The remainder of the Tree Canopy Preservation requirements will be met on the western portion of the site; for (13) The applicant will engage with community partners that provide down payment assistance, and will provide education programs about down payment assistance options for the Project’s potential home buyers; for (14) A six (6) foot high wooden privacy fence will be constructed behind the townhomes on the western side of Kings Meadow. Thirty (30) arborvitae will be planted on the western side of the fence to provide additional screening as measured from adjoining properties; and for (19) The conditional zoning will be valid for five years from the date of approval by City Council with building permits obtained within this 60-month period. Failure to obtain building permits within this time frame shall render the approval null and void. Mr. Starr-Baum said that the developer has recently suggested a new condition as follows: “Two discounted townhome lots shall be offered as “pad-ready” for construction, to Asheville Area Habitat for Humanity, or a similar nonprofit, affordable homeownership-oriented developer, with the intention that the nonprofit(s) will build the units and offer them for sale to qualifying buyers as affordable housing, as that term is defined by HUD.” He said the TRC reviewed the project on February 5, 2024, with conditions. On March 20, 2024, the Planning & Zoning Commission approved (4-3) the project with the addition of the following conditions: (1) Provide additional internal sidewalks, and connect to the City’s Bell Road sidewalk project; (2) No clear cutting within the stated Type B property buffer; (3) Preservation of topsoil; (4) Provision of education programs for potential homebuyers; (5) Dedication of greenway access easement to the City; and (6) Inclusion of pedestrian safety elements. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning with revised conditions and technical modifications outlined in the document titled “Exhibit E”.   Mayor Manheimer asked about who does the enforcement of the technical issues, i.e., stormwater, whether the road can handle the traffic; whether the bridge can sustain the traffic, if the roads are built to the right width, etc. Mr. Starr-Baum explained that at the initial Technical Review Committee, which is made up of technical experts, weighs in on the projects to see if the project meets the strict standards and can move forward. The Metropolitan Sewerage District is the first to review the application and a letter of commitment is required to move forward. After Council approval of a project, they must go back for a final Technical Review Committee meeting to make sure they are still meeting the requirements, with rigorous inspection standards.   Mr. Starr-Baum said that Haw Creek Road is a state maintained road; however, the side streets are either publicly or privately owned. We also have standards for acceptance of privately maintained streets.   Councilwoman Mosley asked the reasoning behind the request that the conditional zoning be valid for five years from the date of City Council approval. Mr. Starr-Baum said that there are certain land acquisitions related to this project that the City is not part of. The applicant has expressed some concern that they will need more time to acquire the land for access to Sleepy Hollow Drive.   Councilwoman Roney said though it’s just shy of the 6 acres originally advocated by the Haw Creek Community Association, she’s grateful for work to preserve tree canopy, part of critical infrastructure in addressing storm water mitigation, heat island effect, air quality, and for quality of life. It’s honestly been a difficult condition to get consistent in writing. When she asked for   \fconfirmation of the 5.65 acres, Mr. Starr-Baum said there is 4.34 acres on the east side and 1.35 on the west side for tree canopy preservation.   When Councilwoman Roney asked if this project includes renewable energy commitments or readiness. Mr. Starr-Baum has not been considered at this time. They have not engaged in design services yet because they wanted to make sure they had the appropriate land entitlements.   Councilwoman Roney said the City really needs incentives and processes that encourage dense housing development on corridors that have supportive infrastructure that can handle it, including public transit. She heard staff acknowledgement that this is neither on or fully-connected to a transit corridor. Her experiences commuting without a car in Haw Creek have been time-consuming and risky. With Haw Creek transit service reduced a few years back to Route 170 service once every 2 hours and a 0.6 mile walk to the stop at Old Haw Creek and Willowbrook at the Commons, this adds pressure on existing road infrastructure. In conversations with neighbors, she heard questions about environmental impact and lack of trust around traffic study that didn’t appear to include school traffic or weekend trends.   Councilwoman Roney also heard questions about road infrastructure for this project in a floodway/plain: Serious, real concerns that the City promises to address road infrastructure including safe multimodal access after development, but we aren’t really able to keep those promises with our limited resources and capacity and we see the outcomes across the city when we put core service infrastructure behind development. Also, what have we learned from lagging on the bond project for Haw Creek sidewalks? It begs the question of a future need for expensive retaining walls and culverts if/when we have to repair the road later because we’re doing dense development now without supportive infrastructure.   Mr. Starr-Baum responded to Councilwoman Roney when she asked for an update on connectivity planning. Regarding the Haw Creek Road sidewalk project, bids will be open in September, and depending on the weather, construction is planned for spring 2025.   Mr. Derek Alley, attorney representing the applicant, gave a brief history of the project, beginning in November of 2023 with their first neighborhood meeting, and continuing with negotiations through July 19. He explained there were four HCCA demands that were the guiding star for the development team and they believe they have met those expectations. He outlined all the site plan features, noting that currently the sidewalk stops at the ballfield, but they will fill the gap up onto the Happy Valley area. He noted they also did a Traffic Impact Analysis on a typical school day and had a de minimis impact. This is a missing middle project and all housing units matter. Regarding energy efficiency and solar energy, their commitment/plan is to build all residential units solar ready, with the intention that individual homeowners may add solar to their homes at a lower cost. They also plan to have each unit with a dedicated AV charging plug and on the townhomes, they plan to have all energy star appliances.   Mayor Manheimer opened the public hearing at 7:10p.m.   Eleven individuals spoke in support of Option 5, for various reasons, some being, but are not limited to: area has multi transportation options; reduces pressure on outlining forests; need more infill projects; need for all types of housing; and will bring in additional property taxes once built.   Fourteen individuals spoke in opposition to the conditional zoning for 767 New Haw Creek Road for various reasons, some being, but are not limited to: Happy Valley Homeowners Preservation Association has not had a voice in negotiations; RS-4 zoning has been ignored; Happy Valley has restrictive covenants; negotiations have been behind closed doors with no input   \ffrom Happy Valley community; strong opposition to not access the development through Sleepy Hollow Drive; need for an assessment about floodplain and stormwater system; consideration of impact of flooding on land and other bridges further down the creek after the development is built out; concerns of fire safety; request for a continuance since last minute changes may have major repercussions; too much stress on existing infrastructure; this development will be car dependency; this is not the right type of housing for Haw Creek; and with middle missing housing it should benefit the community and existing citizens in the community and this does not.   Mayor Manheimer closed the public hearing at 8:35 p.m.   In response to Vice-Mayor Kilgore, Mr. Kevin Jackson said that at today’s market rate, a single-family will be approximately $450-500,000 and a townhome will be approximately $300-350,000.   In response to Councilwoman Tuner, City Attorney Branham said that if this project is approved, it will be up to the developer to ensure that all the conditions are fulfilled, including the access through Happy Valley Drive. If they are unable to obtain legal rights for the access, they would have to come back to City Council and seek rezoning of some type.   Councilwoman Turner felt that the steps made in negotiations between the developer and the neighborhood have made this a much better project. We need to target housing near schools, parks, etc.   Councilwoman Ullman felt that we need to revise our UDO so that future developments can welcome new residents and still balance environmental protection and community character. If we keep building in our community at our current building standards, we will continue to sprawl into our beautiful mountains. As a climate advocate, she spoke about tree canopy preservation, the risk mitigation measures for fire protection; elements that could mitigate flooding; and connectivity.   Councilwoman Roney said that our community is having hard conversations because we’re dealing with serious issues. We need a process that prioritizes multi-family housing and dense development on corridors with the infrastructure to support it. With displacement protection and preservation of existing affordable housing, hopefully elements of our Affordable Housing Plan and Missing Middle Housing study can help us get there so we can start expediting equitable, affordable housing instead of just more hotels. She said the public pressure through this process has resulted in negotiating important community benefits, and she especially appreciated the conditions for tree canopy preservation confirmed today at 5.65 acres and commitment to partnership for home ownership. She felt strongly about the serious, lingering infrastructure concerns and thinks some of the neighborhood concerns might be resolved if we took time to review these new conditions by delaying the vote. If it comes to a vote today, her vote will reflect her commitment to well-planned, reasonable development on transit corridors with supportive infrastructure for climate and neighborhood resiliency.   Mayor Manheimer explained the conditional zoning tool. She has heard that the affordable housing crisis is due in part due to the land use regulations. She knows that this Council is committed to facilitating more affordable housing and we recognize that there are changes that need to be made to our UDO to generally make it easier for people to build appropriate affordable housing in our community. She applauded the community wanting to get to a place for the better project and through a series of meetings, the four HCCA’s four concerns    \fwere addressed. She said we have to facilitate housing and the number one factor for people experiencing homelessness is housing scarcity.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Ullman","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":1,"mr":"contested vote","sq":35},{"d":"2024-07-23","mt":"regular","id":"agenda-amend","ref":"","it":"motion","t":"Motion to amend the agenda to move the McCormick Field items from Unfinished Business A to the Consent Agenda","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-07-23","mt":"worksession","id":"ws-closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2024-07-23","mt":"worksession","id":"ws-closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1GIr6EAlYIglcPg7K3m-Sumx5C59Nguw0/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2024-08-27","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on July 18, 2024, and the formal meeting held on July 23, 2024","desc":"Background: - The Fleet Management Division of the Public Works Department maintains over 1,000  City owned vehicles and pieces of equipment. - Contracted work is used to supplement existing staff resources at times of high demand  or to provide services where the Fleet Division does not have suitable facilities or  resources (e.g., paint shop, etc.). - Council approved Resolution 24-46 on February 27th, 2024 to enter into a contract based  on Request for Proposals (298-RFP-FleetLDBodyWork-24) advertised in December  2023. - East Coast Truck Shop was awarded the contract effective 3/15/2024. - The original Contract amount for the initial (1) one year term to be $100,000 with a total  not-to -exceed contract amount of $300,000 for all 3 years (if both optional renewals are  exercised). - Need for Light Duty Body and Paint Repair services has exceeded Fleet expectations. - Since Contract 92400371 went into effect on March 15th, 2024, Fleet has expended  approximately $85,000.00 of the predicted $100,000.00 needed for the initial one year  term. - A contract amendment is needed in the amount of an additional $150,000 per year,  bringing the total not-to-exceed amount to $250,000 per year, for a total of $750,000 for  all 3 years if both optional renewals are exercised. - This contract allows Fleet to quickly and efficiently obtain estimates and repairs for  accident damaged vehicles and maintains an on-call contract for light duty body work.  Vendor Outreach Efforts: - The RFP was advertised according to City’s ABI and Purchasing Policies and  Procedures. - The ABI Office list of City Vendors for Outreach was consulted for any known relevant  vendors before the RFP was advertised. - East Coast Truck Shop in Candler, North Carolina, is a new Vendor to the City of  Asheville and is an MWBE. - East Coast Truck Shop was the only acceptable proposal to the RFP.  Committee(s): - None  Pro(s): - Allows third party service work as a supplement to in house staff. - Allows for a quicker and more efficient process in the repair of accident damaged  vehicles. - Returns City vehicles to service in a timely manner. - Provides flexibility in service delivery without significant capital investment in equipment  or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis. - Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes. - Maintain a healthy working relationship with the Vendor by ensuring timely payments.  Con(s): - None    \fFiscal Impact: - Funding for this contract is available in the Fleet Division’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-08-27","mt":"regular","id":"II-B","ref":"RES 24-172","it":"resolution","t":"Resolution authorizing the City Manager (consent item B)","desc":"Background: - The Fleet Management Division of the Public Works Department maintains over 1,000  City owned vehicles and pieces of equipment. - Contracted work is used to supplement existing staff resources at times of high demand  or to provide services where the Fleet Division does not have suitable facilities or  resources (e.g., paint shop, etc.). - Council approved Resolution 24-46 on February 27th, 2024 to enter into a contract based  on Request for Proposals (298-RFP-FleetLDBodyWork-24) advertised in December  2023. - East Coast Truck Shop was awarded the contract effective 3/15/2024. - The original Contract amount for the initial (1) one year term to be $100,000 with a total  not-to -exceed contract amount of $300,000 for all 3 years (if both optional renewals are  exercised). - Need for Light Duty Body and Paint Repair services has exceeded Fleet expectations. - Since Contract 92400371 went into effect on March 15th, 2024, Fleet has expended  approximately $85,000.00 of the predicted $100,000.00 needed for the initial one year  term. - A contract amendment is needed in the amount of an additional $150,000 per year,  bringing the total not-to-exceed amount to $250,000 per year, for a total of $750,000 for  all 3 years if both optional renewals are exercised. - This contract allows Fleet to quickly and efficiently obtain estimates and repairs for  accident damaged vehicles and maintains an on-call contract for light duty body work.  Vendor Outreach Efforts: - The RFP was advertised according to City’s ABI and Purchasing Policies and  Procedures. - The ABI Office list of City Vendors for Outreach was consulted for any known relevant  vendors before the RFP was advertised. - East Coast Truck Shop in Candler, North Carolina, is a new Vendor to the City of  Asheville and is an MWBE. - East Coast Truck Shop was the only acceptable proposal to the RFP.  Committee(s): - None  Pro(s): - Allows third party service work as a supplement to in house staff. - Allows for a quicker and more efficient process in the repair of accident damaged  vehicles. - Returns City vehicles to service in a timely manner. - Provides flexibility in service delivery without significant capital investment in equipment  or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis. - Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes. - Maintain a healthy working relationship with the Vendor by ensuring timely payments.  Con(s): - None    \fFiscal Impact: - Funding for this contract is available in the Fleet Division’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-08-27","mt":"regular","id":"II-C","ref":"RES 24-173","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Atlantic Emergency Solutions","desc":"Background: - The Fleet Management Division of the Public Works Department maintains 15 Pierce Fire  Apparatus. - Contracted work is used to supplement existing staff resources at times of high demand  or to provide services where the Fleet Division does not have suitable facilities or  resources. - Council approved Resolution 24-48 on February 27th, 2024 to enter into contract with  Atlantic Emergency Solutions, effective March 15, 2024. - The original Contract amount for the initial (1) one year term to be $400,000 with a total  not-to -exceed contract amount of $1,200,000 for all 3 years (if both optional renewals  are exercised). - Need for Pierce Fire Apparatus Repairs and Service has exceeded Fleet expectations. - Since March 15th, 2024, Fleet has expended approximately $380,000.00 of the predicted  $400,000.00 needed for the initial one year term. - A contract amendment is needed in the amount of an additional $200,000 per year,  bringing the total not-to-exceed amount to $600,000 per year, for a total of $1,800,000 for  all 3 years if both optional renewals are exercised. - Use of OEM (Original Equipment Manufacturer) Parts is recommended to maintain the  equipment to the manufacturer’s standards. - Atlantic Emergency is the Sole provider for Pierce Parts in our Region. - This contract allows Fleet to lessen repair downtime for 15 Pierce Fire Trucks owned and  operated by the City of Asheville.  Vendor Outreach Efforts: - Pierce Components and Services can only be provided by authorized dealers. - Atlantic Emergency is the only distributor authorized to sell new equipment and parts,  and provide warranty and repair services for Pierce Fire Apparatus in our region.  Committee(s): - None    \fPro(s): - Allows third party service work as a supplement to in-house staff. - Allows for a quicker and more efficient process in the repair of Front Line Fire Apparatus. - Provides flexibility in service delivery without significant capital investment in equipment  or facilities that aren’t used on a daily basis. - Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes. - Maintains a healthy working relationship with the Vendor by ensuring timely payments.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Fleet Division’s operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-08-27","mt":"regular","id":"II-D","ref":"RES 24-174","it":"resolution","t":"Resolution authorizing the City Attorney's Office to institute a condemnation action","desc":"Background: - A section of roadway slope on Vance Gap Road failed as a result of Tropical Storm Fred. - There is an existing contract to repair approximately 300 feet of road damage that  occurred along Vance Gap Road due to three separate landslides in 2021, 2022, and  2023. - The designer has determined that It is uncertain that the driveway on the parcels  described by PIN 9649-94-0187 and 9649-93-0970 can be properly tied into the  reconstructed road without accessing private property.. - The property owner has not responded to requests to agree to a temporary construction  easement to allow the work to occur.. - Council has previously authorized condemnation of a drainage easement on parcel  9649-94-0187. - This authorization request involves parcels 9649-94-0187 and 9649-93-0970. - Legal staff attempted to contact the owner by phone and email, but did not receive a  response.  Committee(s): - None  Pro(s): - The condemnation will facilitate the completion of a needed slide repair project ensuring  that the property owner will be able to access their driveway.  Con(s): - Eminent domain actions are required against one property owner.  Fiscal Impact: - Funding for the required easement, estimated at $8,000.00, was previously budgeted and  is available in the General Capital Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-08-27","mt":"regular","id":"II-E","ref":"RES 24-175","it":"resolution","t":"Resolution authorizing City Council to accept the U.S. Dept. of Energy Energy Efficiency and Conservation Block Grant","desc":"Background: - On April 23, 2024 City Council authorized the City Manager to apply for the U.S. Dept. of  Energy Energy Efficiency and Conservation Block Grant funds to purchase electric  vehicles for the City’s fleet. - The funding was awarded in the amount of $158,820. - No match is required. - No budget amendment is necessary as it was included in the Fiscal Year (FY) 2025  capital fleet replacement budget. - This funding will support the purchase of three electric vehicles. - Electric vehicle charging infrastructure has already been installed to support the fueling of  these vehicles.  Vendor Outreach Efforts: - The City will not conduct any direct outreach as the intent is to purchase these electric  vehicles through the NC Sheriff’s Association Cooperative Procurement Program  (NCSA). - NC Statute allows the use of Cooperative Purchasing Programs in place of competitive  bidding by the entity. - NCSA conducted outreach in June 2023 through their bidding website, North American  Procurement Council and The News and Observer in Raleigh.  Committee(s): - None   \fPro(s): - The purchase of these vehicles will support implementation of the Municipal Climate  Action Plan, specifically high impact activity # 12 “Utilize Green Fleet Policy for Fleet  Electrification”  Con(s): - Staff capacity will be required to manage and fulfill the reporting requirements of this  federal grant.  Fiscal Impact:: - This grant will offset the cost of electric vehicle purchases in the General Capital Projects  Fund. - Matching funds are not required for this grant.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-08-27","mt":"regular","id":"II-F","ref":"RES 24-176","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Surface 678","desc":"Background: - This park plan will allow the City to assess Recreation & Azalea Park for current and  future community recreation needs, promote new ideas and partnerships to aid in  funding, prioritize desired recreation programs, build public support, and understand  anticipated costs associated with recommended capital improvements. - A public Request for Qualifications (RFQ) was advertised for interested consultants to  develop a park facility improvement plan for Recreation & Azalea Park. - The consultant will provide all the professional services and materials to coordinate and  manage the process as well as produce the comprehensive parks and recreation plan. - The selected consultant will have the opportunity to contract with the city for additional  services for design, engineering, and construction administration through contract  amendment process to be approved by council at a later date.  Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation  processes which included direct vendor outreach and posting on the State’s Interactive  Purchasing System to reach out to Minority & Women-Owned Business Enterprise  (MWBE) service providers. - The City received submissions from the following 14 consultants: - ADC Engineering; Greenville, SC - Mattern & Craig; Asheville, NC - CDG; Asheville, NC - CHA; Stanley, NC - Clark Nexsen; Asheville, NC - Design Workshop; Raleigh, NC - Domokur; Brevard, NC - In situ; Raleigh, NC - La Bella; Asheville, NC - Land Design; Charlotte, NC - MCAdams; Charlotte, NC - Peacock Architects; Hendersonville, NC (Woman Owned) - Stimmel; Winston-Salem, NC - Surface 678; Durham, NC (Certified NC Historically Underutilized Business),  selected vendor - Surface 678, Inc. was selected based on the qualifications, understanding of the scope  of services, negotiated cost, and availability.  Committee(s): - None  Pro(s): - Address immediate maintenance needs and critical failures that are otherwise unattached  to capital investments. - Informing citizens about a park’s needs and its community assets to maintain desired  level of service. - Identifying capital and operating improvement goals that are needed to assess fiscal  requirements and fundraising needs. - Equitably guiding critical decisions about Parks and Recreation facilities, infrastructure,  programs, and services. - Developing recommendations and an implementation strategy that will transform a  community’s vision into tangible plans to create outstanding recreation opportunities,  well-maintained facilities, desired programming, and a customer-focused and responsive  park & recreation system.  Con(s): - None  Fiscal Impact: - Funding for this project is allocated within the approved FY25 Capital Budget for the  Parks & Recreation Department.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-08-27","mt":"regular","id":"II-G","ref":"RES 24-177","it":"resolution","t":"Resolution approving the Fiscal Year 2023-24 Annual Tax Settlement Report and authorizing collection","desc":"Background: - Buncombe County has billed and collected City property taxes, including the City’s fee  charged for motor vehicles licenses, for many years. - In 2019, Buncombe County and the City of Asheville entered into an updated agreement  for the County to continue billing and collecting property taxes under a revised fee  structure through June 30, 2025. - In August 2023, City Council adopted an addendum to the agreement with provisions  recommended by legal staff at the University of North Carolina School of Government to  ensure full conformity to the provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act. - In accordance with these provisions and pursuant to NCGS § 105-373, the Tax Collector  must provide to City Council an annual settlement of property tax collected in the  previous fiscal year for approval; and pursuant to NCGS § 105-321, following approval of  the Tax Collector’s Annual Settlement for the preceding year an Order of Collection to the  Tax Collector must be adopted authorizing the collection of the current fiscal year  property taxes. - Staff is recommending approval of both the Annual Settlement and the new year Order of  Collection.  Pro(s): - Allows the City to continue receiving tax revenue proceeds from the County while  ensuring compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.  Con(s): - None  Fiscal Impact: - This action requires no additional City resources and has no direct fiscal impact. Under  the terms of the agreement, the City will pay the County a flat fee of approximately  $922,000 in fiscal year 2025 for General Fund tax collection services. The fee for these  services increases annually with an escalation rate of 2.5% for each successive fiscal  year of the agreement.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-08-27","mt":"regular","id":"II-H","ref":"RES 24-178","it":"resolution","t":"Initial resolution authorizing the City Manager or Finance Director to pursue and negotiate financing, and setting a public hearing for September 10, 2024","desc":"Background: - The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt  Model since fiscal year 2013-14. - As a part of that multi-year financial model, the City routinely enters into short-term draw  programs with financial institutions through the issuance of interim Limited Obligation  Bonds (LOBs). - The short term draw programs provide cash to reimburse the City for capital expenses  prior to the issuance of long term fixed rate financing. - The City issued its most recent interim LOBs in June 2022 in an amount not to exceed  $42 million. - As of August, the City has fully utilized the $42 million interim LOBs amount to reimburse  itself for expenses associated with a number of capital projects including the Broadway  Public Safety Station, the Dr. Wesley Grant Sr. Southside Community Center, City Hall  elevator modernization, Muni Golf Course repairs, and the annual street resurfacing  program. - In order to refund the principal drawn on this short-term loan, the City intends to issue  20-year, fixed-rate LOBs Refunding Bonds in October 2024. - Staff is seeking Council approval of the initial resolution associated with this refunding  and also approval to set a Public Hearing on this debt issuance for September 10, 2024.  Approval of the final resolution is scheduled for Council’s September 24, 2024 meeting.  Pro(s): - Converts Limited Obligation Bond (LOBs) short-term variable-rate debt to long-term  fixed-rate refunding bonds on a schedule that allows the City to meet its capital project  cash flow needs. - Spreads capital costs over a longer term to better match assets’ lives.  Con(s): - None  Fiscal Impact: - The exact amount of the debt service on the LOBs Refunding Bonds will be determined  after sale of the debt in October; however estimated debt service on these LOBs has  already been included in the City’s multi-year Capital Improvement Program and Debt  Model.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-08-27","mt":"regular","id":"II-I","ref":"RES 24-179","it":"resolution","t":"Resolution authorizing the City Manager to renew an existing insurance broker of record agreement","desc":"Background: - The City of Asheville (City) Risk Management Division (Risk) works with Legacy Risk Solutions (Legacy) to obtain insurance policies to address City risk and loss exposures, including but not limited to: property, auto, equipment, excess liability, excess workers’ compensation, dam liability, crime, and builder’s risk. - In April 2021, Insurance Broker of Record Services were sought via a Request for Proposals and Legacy was the sole proposer. - In July 2021, a contract was entered into with Legacy to provide Insurance Broker Services for one year, with the option for the City to renew four additional years. - Annually, the Legacy contract totals $29,900. - As a result of multiple years of Legacy service provision, the aggregate value of Legacy’s contract will exceed $90,000 in Fiscal Year 2025, necessitating City Council authorization for Services to continue in Fiscal Year 2025 and Fiscal Year 2026. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System. - Legacy was the only proposal received. - No MWBE firms submitted proposals and all work will be self performed by Legacy, a local business providing exceptional services to the City for over twenty five years. Committee(s): - None. Pro(s): - Ensures Service continuity to support the City insurance program. Con(s): - None. Fiscal Impact: - Contract expenses for Insurance Broker Services are budgeted within the Property & Liability Fund and adopted with the Fiscal Year 2025 budget. The Legacy contract is contingent on budget appropriations in future fiscal years. Motion: - Motion to adopt a resolution authorizing the City Manager to renew an existing Insurance Broker of Record contract with Legacy for Fiscal Year 2025 and authorize Legacy to provide services through June 30, 2026.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-08-27","mt":"regular","id":"II-J","ref":"RES 24-180 / RES 24-181 / RES 24-182 / RES 24-183 / RES 24-184 / RES 24-185 / RES 24-186 / RES 24-187","it":"resolution","t":"Resolutions permitting the possession and consumption of malt beverages and/or unfortified wine at the Boomtown Arts & Heritage Festival and other events","desc":"Background: - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified  wine on the public streets and property owned, occupied, or controlled by the City and to  regulate or prohibit the possession of malt beverages and unfortified wine on public  streets, alleys or parking lots which are temporarily closed to regular traffic for special  events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that  statutory authority; and that ordinance, codified as Section 11-11 in the Code of  Ordinances of the City of Asheville, provides that the City Council may adopt a resolution  making other provisions for the possession of malt beverages and/or unfortified wine at a  special event or community festival. - The following organizations have requested that City Council permit them to serve beer  and/or unfortified wine at their events and allow for consumption at the events: - Asheville Downtown Association for the Boomtown Arts & Heritage Festival to be  held on September 6 & 7, 2024 at Pack Square Park - Asheville Firefighters Association for the Show Love Fest to be held on  September 14, 2024 at Carrier Park - Blue Ridge Pride Center for the Blue Ridge Pride Festival to be held on  September 21, 2024 at Pack Square Park - YMI Cultural Center for the Goombay Festival to be held on September 27, 28 &  29, 2024 at Pack Square Park - Asheville Downtown Association for Asheville Oktoberfest to be held on October  5, 2024 at Pack Square Park - Asheville Creative Arts for the Lovely Asheville Fall Festival to be held on  October 12 & 13, 2024 at Carrier Park - Hola Carolina for Hola Asheville to be held on October 13, 2024 at Pack Square  Park - Arts2People for the Surreal Sirkus Arts Festival to be held on October 26, 2024  at Pack Square Park - Alcohol boundaries are defined as per the accompanying event site maps.  Committee(s): - None  Pro(s): - Allows fundraising opportunities for the sponsoring nonprofit organization.  Con(s): - None  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-08-27","mt":"regular","id":"II-K","ref":"RES 24-188","it":"resolution","t":"Resolution directing the display of a POW/MIA flag at the Municipal Golf Course annually","desc":"Background: - The Buncombe County Veterans Council serves to support and advocate for veterans in  the Buncombe County area. - This group represents the local chapter of the larger North Carolina Veterans Council. - The POW/MIA Flag is flown to represent individuals that are Prisoners of War/Missing in  Action - The United States Government passed the National POW/MIA Flag Act which requires  the flag to be flown on specific days at certain federal buildings. - These days include Memorial Day and Veterans Day. - The Buncombe County Veterans Council is recommending that the City of Asheville fly  this flag at the Municipal Golf Course annually on Memorial Day and during the entire  month of November. - November is National Veterans and Military Families Month. - The flag will be displayed along with the American flag and will use the same protocols  for its display. - The Buncombe County Veterans Council will provide assistance to the City by ensuring  that the flag remains in good condition. - In the event that it needs to be replaced, the Veterans Council will supply a new flag at no  cost to the City. - The City Council shall maintain the authority to rescind or alter this direction to staff at  any time.  Committee(s): - None  Pro(s): - Many veterans who are annual members of the Municipal Golf Course and play  frequently would appreciate the show of support from the City. - Allows openings throughout the calendar year, if other applicable groups submit similar  requests  Con(s): - Some community members may not agree with the City’s expression.  Fiscal Impact: - None","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2024-08-27","mt":"regular","id":"II-L","ref":"RES 24-189 / ORD 5095","it":"resolution","t":"Resolution for City Council to accept the 2023 Assistance to Firefighters Grant from the federal government, and budget amendment","desc":"Background: - The primary focus of FEMA’s Assistance to Firefighters Grant program is to provide  assistance in funding for firefighting safety and protective equipment. - This grant will strategically address the recognized need for improved Wildland Fire  Personal Protective Equipment (PPE) - This funding request will significantly enhance the overall effectiveness of the Asheville  Fire Department - The PPE will result in substantial improvements in daily operations and a notable  reduction in firefighter organizational risk  Committee(s): - Environment and Safety  Pro(s): - This grant allows for the purchase of the needed PPE at a much lower cost to the City.  Con(s): - N/A  Fiscal Impact: - Grant of $74,970 with a $6,815.45 match from AFD operating budget","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2024-08-27","mt":"regular","id":"II-M","ref":"RES 24-190","it":"resolution","t":"Resolution authorizing the City Manager (consent item M)","desc":"Background: - Marathon Health, LLC currently provides the City’s employee assistance program. - Utilization of the program provided by Marathon Health, LLC has increased beyond initial  projections, necessitating an increase in the contract amount. - Ongoing uninterrupted healthcare and occupational health services to all employees is  critical in maintaining the health and well-being of employees and their dependents. - Human Resources is requesting an increase in the contract amount by $390,000 for a  total contract of $2,982,000 in response to increased utilization, e.g., prescription  medications, laboratory costs, vaccines, lipid profiles, etc., and ongoing healthcare and  occupational health management.  Vendor Outreach Efforts: - Current vendor for management of the City’s employee health services clinic is Marathon  Health, LLC. - This vendor provides healthcare, occupational health and management of The Asheville  Project™ to employees and their dependents. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - Staff was unable to identify other local vendors that provide clinic management,  healthcare, occupational health services and management of The Asheville Project™.  Pro(s): - Provide employees and their dependents with healthcare and disease management at no  cost. - Known provider specializes in employer-provided health clinic management; and  healthcare and occupational health services in the workplace.  Con(s): - If additional funding is not available, employees and their dependents will not have  access to ongoing no-cost healthcare and disease management. - If additional funding is not available, the City will have to outsource occupational health  services.  Fiscal Impact: - Additional $390,000 added to the contract for a total investment of $2,982,000 over the  three-year contract. - Funding for this contact is available in the Health Fund budget.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2024-08-27","mt":"regular","id":"II-N","ref":"RES 24-191","it":"resolution","t":"Resolution authorizing the City Manager to amend the existing contract with Responder (consent item N)","desc":"Background: - Responder Support Services currently provides embedded (on-site) behavioral health  support to the Fire and Police Departments four days per week for each department. - The need by Fire and Police for behavioral health support has steadily increased since  implementation of the contract. - Behavioral support providers hold office hours on site in the City of Asheville Municipal  Building for employees during regular business hours allowing access while on duty. - Unique behavioral health services provided to police and fire employees only include:  i. One-on-one sessions available on-site with trained behavioral health  providers.  ii. Coordination of the City of Asheville Peer Response Network.  iii. Provide appropriate services following critical incidents, acute stressors,  or debilitating cumulative stress.  Vendor Outreach Efforts: - Current vendor for embedded behavioral health support is Responder Support Services,  LLC. This vendor provides specialized support for Fire and Police employees and their  dependents. - Staff was unable to identify other local vendors that provide dedicated service to Fire and  Police Departments.  Pro(s): - Support public safety employees and their dependents dealing with behavioral health  issues - Known provider and subject matter expert that specializes in providing behavioral health  services to public safety employees assistance programs.  Con(s): - If additional funding is not available, public safety employees and their dependents will  not have access to ongoing specialized behavioral health support.  Fiscal Impact: - Additional $16,531 added to the contract for a total investment of $574,070 over the  three-year contract. - Funding for this contract is available in the City’s Health Insurance Fund.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2024-08-27","mt":"regular","id":"II-O","ref":"RES 24-192","it":"resolution","t":"Resolution authorizing the City Manager to amend the existing contract with McLaughlin Young Group to provide ongoing Employee Assistance Program for employees and their dependents","desc":"Background: - McLaughlin Young Group currently provides the City’s employee assistance program. - Utilization of the program provided by McLaughlin Young has increased beyond initial projections, necessitating an increase in the contract amount. - Ongoing uninterrupted employee assistance program services to all employees is critical in maintaining the health and well-being of employees and their dependents. - Human Resources is requesting an increase in the contract amount by $40,000 to a total contract of $ in response to increased utilization and ongoing employee assistance program. Vendor Outreach Efforts: - Current vendor for employee assistance program is McLaughlin Young Group - This vendor provides behavioral health support to all employees and their dependents. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - McLaughlin Young is a female-owned firm and all work will be self-performed by the prime contractor. Pro(s): - Support employees and their dependents dealing with behavioral health issues - Known provider specializes in providing employee assistance programs. Con(s): - If additional funding is not available, employees and their dependents will not have access to ongoing behavioral health support. Fiscal Impact: - Additional $54,140 added to the contract for a total investment of $144,134 over the three-year contract. - Funding for this contract is available in the City’s Health Insurance Fund. Motion: - Motion to authorize the City Manager to execute a contract amendment with McLaughlin Young to increase the contract amount by $54,140 for a total contract amount of $144,134 to provide ongoing employee assistance program services for employees and their dependents.","c":"Economic Development","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2024-08-27","mt":"regular","id":"II-P","ref":"RES 24-193","it":"resolution","t":"Resolution authorizing the City Manager to execute a full and fair exchange of real property located at 34 Hiawassee Street to Duke Energy Progress in exchange for property at Rankin Avenue","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2024-08-27","mt":"regular","id":"II-Q","ref":"RES 24-194","it":"resolution","t":"Resolution authorizing the City Manager to renew the contract with Allbrite Cleaning Company LLC","desc":"Background: - The original contract with Allbrite Cleaning Company LLC went into effect on July 1, 2023  for $45,277.53 for a term of one year. - Staff is seeking to renew for a second year at $45,277.53 and have the option to renew  up to three additional 12-month periods with a total contract amount not to exceed a 5  year total of $226,387.65. - The initial contract term was proposed for one year, with the option upon approval by the  City for up to four one-year renewals, for a maximum total duration of five years. - Should the City renew the contract, this would allow costs to be controlled for up to four  remaining years. - The multi-year contract is subject to the annual appropriation process. If the adopted  budget for any given fiscal year does not include an appropriation for the service in the  General Fund budget, the City shall have the right to terminate the contract.  Vendor Outreach Efforts: - Staff performed outreach to minority and women-owned businesses through solicitation  processes, including posting on the State’s Interactive Purchasing System and requiring  prime contractors to contact Minority & Women-Owned Business Enterprise (MWBE)  service providers for subcontracted services subcontract work was performed. - In response to a Request for Proposal, the following firms submitted proposals: - Allbrite Cleaning Company LLC, of Arden, North Carolina priced annually  $45,277.53 - Appalachian Restoration and Cleaning of Asheville, North Carolina price annually  $315,741.87 - No MWBE firms submitted bids and all work will be self-performed by the prime  contractor.  Committee(s): - None Identified  Pro(s): - Provides long-term cost containment while also maintaining a safe, healthy, and inviting  environment. - Improve indoor air quality, reduce the spread of germs and bacteria, maintain the  appearance of the space, and prevent damage to the floors.  Con(s): - None Identified  Fiscal Impact: - $45,277.53 was approved in the City’s FY 2024-2025 budget for hard floor and carpet  cleaning in the General Fund.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2024-08-27","mt":"regular","id":"II-R","ref":"RES 24-195","it":"resolution","t":"Resolution authorizing the City Manager to enter into a construction contract (consent item R)","desc":"Background: - The Southside Connectivity Improvements Project includes on-road improvements in two  project areas for bike and pedestrian safety and wayfinding. - The objective of this project is to connect multi-use paths in the project area and provide  safe passage for pedestrians and bicyclists throughout the corridor. - This project is essentially two projects on each side of the future Nasty Branch multi-use  path which is located in the Southside neighborhood (see area map). - Originally, the project was part of the Nasty Branch Multi-use Path project scope. - Due to funding constraints, they were separated into two projects: the off-road multi-use  path, and the on-road connectivity project. - The Nasty Branch Multi-Use Path is slated for construction in calendar year 2025.  Vendor Outreach Efforts: - Due to the federal funding involved in this project, the Federal Disadvantaged Business  Enterprises program is being applied. The federally established goal for this project is  5% participation. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - In June 2024 construction bids were advertised for 51 days, and received three bids on  July 25, 2024. - The three bids received were from:  Asheville, NC based Patton Construction Group, Inc for $1,774,000;  Sylva, NC based DanGrady Company, LLC for $1,283,975.44; and  TP Howard’s Plumbing Company, Inc. who was deemed non-responsive because they  are not an NCDOT prequalified contractor, a requirement for bidding on this work. - DanGrady Company, LLC was the lowest, responsive, responsible bidder. - DanGrady Company through their outreach efforts is committing to use Hickory Sealing  and Striping, Inc., an NCDOT DBE, WBE, SBE subcontractor at 5.7% participation.  Committee(s): - Asheville City Council Tours - 12/08/2023 and 12/14/2024 - Council Agenda Review - 11/09/2023 - Asheville City Council - “Southside Neighborhood Projects Report” - 11/14/2023  Pro(s): - Connection throughout the area with safe pedestrian and cycling features - Intersection improvements throughout the project area    \fCon(s): - Construction impacts during project construction  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2024-08-27","mt":"regular","id":"II-S","ref":"RES 24-196","it":"resolution","t":"Resolution of intent to permanently close approximately 140 feet of Sawyer Street and setting a public hearing for September 24, 2024","desc":"Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. The statute requires City Council to consider whether the  closure of the right of way has a negative impact to the public interest and whether the  closure would be detrimental to individual property rights. - Buncombe County, the owner of 50 and 52 Coxe Avenue, petitioned for this closure in  association with the future development of an affordable housing project that the  Buncombe County County Commissioners approved conceptually at their April 2, 2024  meeting. - Housing units are planned to be designated for 80% Area Median Income or below. The  applicant has not yet submitted a development plan/application to the City. This action is  being requested in advance in order to allow the County to move forward with a future  development application. - This portion of right-of-way is currently in active use and maintained by the City. - The County wishes to close this short section of right-of-way in order to combine the  parcels at 50 and 52 Coxe Avenue, which will allow the County to access additional  federal affordable housing tax incentives. - The recording of the closure will take place only if the Council approves the future  Conditional Zoning application to be brought forward at a future meeting. - The City Transportation Department has requested that the County provide a public  access easement contiguous with the closure area in order for pedestrian, bicycle, and  potentially delivery access to remain in place in perpetuity.  Committee(s): - Technical Review Committee, May 6, 2024, unanimously recommended approval. - Multimodal Transportation Commission, May 22, 2024, unanimously recommended  approval.  Pro(s): - The proposed closure will allow Buncombe County to combine the parcels at 50 and 52  Coxe Avenue, which will allow the County access to additional federal affordable housing  tax incentives. - The recording of the closure will take place only if the Council approves the future  Conditional Zoning application to be brought forward at a future meeting. - A public access easement will be recorded to ensure future public access for  pedestrians, bicyclists, and possibly delivery vehicles is provided in perpetuity.  Con(s): - The existing right-of-way is currently open and in active use. This action would close the  proposed portion of the right-of-way and the land would become Buncombe County  property. However, the County has agreed to provide a public access easement across  the closure area in order for pedestrian, bicycle, and possibly delivery vehicles to  continue to access the remainder of Sawyer Street in perpetuity.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2024-08-27","mt":"regular","id":"II-T","ref":"RES 24-197","it":"resolution","t":"Resolution authorizing the City Manager to enter into a funding and maintenance agreement","desc":"Background: - Following the construction of the Maple Crest Apartments on John Walker Avenue, and  with future pending development at the intersection of Biltmore Avenue/John Walker  Avenue/White Fawn, City Transportation staff and NCDOT staff discussed the need for  the construction of a traffic signal at the intersection to improve the overall safety and  mobility of the residents in the Maple Crest community, residents of the future affordable  housing to be constructed at the City’s “Ford” site, and other existing and future travelers  through the intersection. - The NCDOT decided to complete this traffic signal project and requested City funding  and future maintenance assistance since the project will also benefit the City and its  residents. - The Transportation Department applied for and received a federal transportation grant in  the amount of $352,000 with a 20% match of $88,000 from the French Broad River    \f Metropolitan Planning Organization (FBRMPO) in Fiscal Year 2021 to design and  construct the signal. - Due to rising project costs since the original award, an additional $335,000 in local funds  is required to complete the project, in addition to the $88,000 in required matching funds  for a total City contribution of $423,000. - The required matching funds, plus additional funds have been previously allocated from  the City’s Housing Trust Fund ($265,000) and Transportation Capital Fund ($158,000). - NCDOT will be responsible for the design and construction of the project. The City will be  responsible for maintenance of any sidewalk and retaining walls that are required by the  installation or widening of the sidewalk. NCDOT will maintain the roadway and all traffic  operating controls and devices. - The project’s design is anticipated to be completed in the fall of 2025 and put out for bid  in late 2026, with construction likely to occur in calendar year 2027. The project timeline  is subject to change.  Vendor Outreach Efforts: - N/A. The project is being completed by the North Carolina Department of Transportation  and uses a combination of federal and local funding.  Committee(s): - N/A  Pro(s): - Construction of a traffic signal at the intersection will improve the overall safety and  mobility of the residents in the Maple Crest community, residents of the future affordable  housing to be constructed at the City’s “Ford” site, and other existing and future travelers  through the intersection.  Con(s): - None  Fiscal Impact: - The City applied for and received a federal transportation grant from the FBRMPO in the  amount of $352,000, with a required 20% match of $88,000, for a total of $440,000 in  FY2021. However, an additional amount of $335,000 in City funding is required due to  rising project costs, including design and construction, for a total project cost of $775,000.  Therefore, the City’s total contribution to the project is $423,000. - Previously appropriated funds from the City’s Housing Trust Fund and Transportation  Capital Fund have been allocated to the project. No budget amendment is needed.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2024-08-27","mt":"regular","id":"II-U","ref":"RES 24-198","it":"resolution","t":"Resolution supporting sole-source procurement for standardization of transit-related equipment","desc":"Background: - Automated Passenger Counters (APCs) are devices used on Asheville Rides Transit  (ART) buses to count the number of passengers boarding and exiting at each stop. APCs  work using sensors, which can detect and record the movement of people. - Tracking ridership is important in transit service planning and operations, and can provide  insight into how passengers use the City’s bus service. - By monitoring ridership trends, staff can analyze the efficiency of the City’s transit system  and identify improvements to enhance the service. - Additionally, ridership data is required for federal and state reporting. It plays a role in  determining how federal transit funding gets allocated to our region. - Out of the thirty-five (35) buses, twelve (12) need upgraded passenger counter hardware  to replace Wi-Fi only passenger counters. - The new devices can transfer data in real-time using both cellular and WI-FI, replacing  older models limited to Wi-Fi only. This will result in data being transferred and stored at  an off-site “cloud based” location and immediately available to staff for evaluation. - Urban Transportation Associates, Inc. will provide programming for the devices, which  includes a one-year warranty. - Staff is requesting a sole-source authorization to purchase these counters from UTA for  two reasons. First, UTA, which provides the other counters in the bus system and support  for those counters, will only provide a warranty for new UTA counters; they will not  provide a warranty for non-UTA devices. By standardizing the use of UTA counters, staff  will ensure that all counters are covered under warranty. - Second, staff and UTA are unsure if UTA would be able to program non-UTA counters to  work within the established system or if UTA would be able to remotely access these  counters for support. By standardizing the use of UTA counters throughout the system,  staff will ensure that the new counters will be compatible with the rest of the system and  that they can be accessed for support. - The use of sole-source procurement is permitted in this instance pursuant to N.C.  General Statute 143-129(e)(6) as equipment standardization and compatibility are the  overriding considerations in using UTA counters instead of non-UTA counters.  Vendor Outreach Efforts: - Pursuant to N.C.G.S. 143-129(e)(6) this is a sole source procurement due to the need to  standardize equipment across all city buses and ensure compatibility with the current  system, therefore no outreach to additional vendors was done.  Committee(s): - N/A  Pro(s): - This resolution will allow the Transit Division to efficiently purchase the needed  equipment and services required to standardize and maintain the City’s APC and transit  technology on the ART transit fleet.    \fCon(s): - None  Fiscal Impact: - A total of $21,660 is required to support this action in FY 2025. - Funding to support the requested action is budgeted in the City’s FY 2025 Transit  Operations Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2024-08-27","mt":"regular","id":"II-V","ref":"RES 24-199","it":"resolution","t":"Resolution authorizing the City Manager to ratify Resolution No. 23-250 to authorize an amendment","desc":"Background: - The City of Asheville contracts with Buncombe County to provide the federally required  Americans with Disabilities Act (ADA) Paratransit Services annually. - This service is mandated under federal requirements to ensure complimentary paratransit  service within ¾ of a mile of fixed-route transit services. The City of Asheville’s policy  goes beyond the required ¾ mile, providing services city-wide to all eligible individuals  who meet ADA certification. - The original budget estimate for Paratransit Services for Fiscal Year 2024 and approved  contract amount (Resolution No. 23-150) was $1,000,000 based on estimated usage. - However the actual cost for Fiscal Year 2024 was $1,138,577, due to increases in  Paratransit use. The Fiscal Year 2024 number of service miles was 355,805 at a per-mile  rate of $3.20. - To respond to these needs, staff paid additional funds to cover the actual Fiscal Year  2024 costs before receiving Council authorization to spend these funds under this  contract. - Staff is now requesting that Council ratify this additional spending to cover these costs  and authorize a contract amendment to reflect the additional spending for Fiscal Year  2024.  Vendor Outreach Efforts: - N/A. This is a current contract.  Committee(s): - N/A   \fPro(s): - Ensures sufficient funding is available to pay for services performed in Fiscal Year 2024.  Con(s): - None  Fiscal Impact: - This resolution includes an increase of $138,577.12, for a total of $1,138,577.12 for  Fiscal Year 2024 to cover the cost of additional Paratransit Services provided by the  County in excess of the original budget estimate of $1,000,000 for Fiscal Year 2024. - Funding is already available within the adopted Fiscal Year 2024 budget to accommodate  the contract increase.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2024-08-27","mt":"regular","id":"II-W","ref":"RES 24-200","it":"resolution","t":"Resolution authorizing the City Manager to ratify Resolution No. 23-149 to authorize an amendment","desc":"USA  Background: - The City of Asheville contracts with a third-party (RATP Dev USA) for the operations and  maintenance of the Asheville Rides Transit (ART) fixed-route transit system. - Due to the increased cost of maintaining an aging fleet, maintenance expenses increased  beyond preventive measures in Fiscal Years 2023 and 2024, necessitating an additional  $326,793 in funding for Fiscal Year 2024. - This increase is associated with maintenance costs associated with expenses that are  above and beyond normal preventative maintenance under the existing contract. - To address these expenses, staff paid the additional $326,793 to RATP Dev USA before  receiving City Council authorization to amend the contract to spend these extra funds. - The maintenance costs are for major repairs and components of the buses the City is  operating that are beyond their useful life. - Due to resource constraints, the City has not been able to achieve its goal to have at  least 80% of the fleet consist of vehicles that have not yet met their “useful life.” - At this time, approximately 50% of ART vehicles are beyond their useful life, with many  buses older than 10-12 years and over 500,000 miles. - Operating buses beyond their useful life increases maintenance costs and can impact  service reliability due to breakdowns and more time spent fixing buses. - Staff is now requesting that the City Council ratify its additional spending of $326,793 for  these maintenance costs and authorize execution of a contract amendment to add these  funds to the contract. - Note: The overall contract for transit operations and maintenance that was awarded to  RATP Dev USA in 2017 will end in June 2025. Staff has started to develop a new  Request for Proposals for transit operations and maintenance services, which is  anticipated to be issued in the fall 2024.  Vendor Outreach Efforts: - N/A. This is a current contract.  Committee(s): - N/A  Pro(s): - Ensures sufficient funding is available to pay for additional maintenance costs in Fiscal  Year 2024 incurred due to the age of the fleet.  Con(s): - None  Fiscal Impact: - This resolution includes an increase of $326,793 for a total of $10,972,722 for Fiscal Year  2024.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":26},{"d":"2024-08-27","mt":"regular","id":"II-X","ref":"RES 24-201","it":"resolution","t":"Resolution authorizing the City Manager to donate computers and cell phones to the land (community organization)","desc":"Background: - Consider a resolution authorizing staff to donate up to 250 surplus laptops and 250 cell  phones to the Land of Sky Regional Council. - These donations to the Land of Sky Regional Council would support its program to  provide devices to individuals in the community for increased access to a variety of  broadband and digital inclusion projects. - 2021 census data shows Buncombe County has over 10% of the population with no  access to digital devices. - Land of Sky Regional Council will provide refurbished devices, training sessions, and  repairs to individuals residing in Buncombe County without devices to enable their access  to internet services. State-deemed covered populations for distribution include: - Low-income households. - Individuals who primarily reside in a rural area. - Older Americans/aging residents. - Incarcerated individuals and/or second-chance citizens/reentry/justice-involved. - Veterans. - Individuals with disabilities. - Individuals with a language barrier (including individuals who are English learners  or whose first language is not English and/or individuals with levels of literacy). - Individuals who are members of a racial or ethnic minority group. - Property that will be donated cannot be utilized by other City departments because all  devices being replaced are outside of their enterprise lifespan and are no longer under  warranty. (Laptops are all 4 years or older, and phones are 2 years or older). - Surplus property sales have a nominal resale value. - State Statute § 160A-280 permits donations of personal property to other governmental  units.  Vendor Outreach Efforts: - N/A  Committee(s): - N/A  Pro(s): - This is an opportunity for the City to partner with the Land of Sky Regional Council and  shrink the digital divide in our region by increasing access to devices while efficiently  disposing of surplus laptops and cell phones. - Refurbish devices and divert e-waste from the landfill. - Increase access to skills training and job-seeking. - Improve access to governmental programs and services. - Provide access to higher education opportunities. - Expand access to telehealth opportunities.  Con(s): - None  Fiscal Impact: - Surplus property sales have a nominal resale value.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":27},{"d":"2024-08-27","mt":"regular","id":"II-Y","ref":"RES 24-202","it":"resolution","t":"Resolution authorizing the City Manager to renew a contract with CDW-G for Amazon Web Services","desc":"Background: - The Information Technology Services Department has been modernizing the City’s data  center to create a hybrid environment that leverages both cloud service providers and our  on-premises infrastructure. - The hybrid approach enables the City to benefit from the advantages of the cloud while  maintaining a physical hardware presence as staff transitions many major applications  and operational functions to cloud-hosted solutions. - Key City systems that currently use cloud computing include Geographic Information  Systems (GIS), the City’s website, notification and permitting applications, and identity  and access tools. - Using a hybrid approach also provides better security and flexibility with increased speed  and resiliency. Key benefits from this hybrid approach include: - Faster more reliable access to GIS services from anywhere for staff and the  public. - Cloud services can be scaled to meet current demand and mitigate large capital  expenses for on-premise technology infrastructure. - Enhanced security and built-in disaster recovery services. - Cloud computing services allow for the continuation of GIS and other services  when Internet services are disrupted at City Hall. - Architecture modernized to allow us to build out technology with a  forward-thinking mindset which sets the system up to implement solutions that  allow for a better employee and constituent experience.  Vendor Outreach Efforts: - No vendor outreach because we are purchasing from the Omnia Partners Total Cloud  Cooperative Contract (Total Cloud Solutions and Services Region 4 ESC - TX Contract  Number: R220801). - The cooperative contract was competitively bid with consideration of proposals from nine  different vendors. - Collectively, CDW-G was awarded the cooperative contract with unmatched depth and  breadth of experience with AWS cloud computing services.  Committee(s): - N/A  Pro(s): - Provides faster, more reliable access to GIS services from anywhere for staff and the  public. - Cloud services can be scaled to meet current demand and mitigate large capital  expenses for on-premise technology infrastructure. - Includes enhanced security and built-in disaster recovery services. - Utilizing cloud computing services allows for the continuation of GIS and other services  when Internet services are disrupted at City Hall. - Modernizes our architecture to allow us to build out technology with a forward-thinking  mindset which sets us up to implement solutions that allow for a better employee and  resident experience.  Con(s): - None  Fiscal Impact: - The total cost for cloud computing services for Fiscal Year 2024-2025 is $90,000. - These funds are included in the information Technology Services Budget - General Fund","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":28},{"d":"2024-08-27","mt":"regular","id":"II-Z","ref":"RES 24-203","it":"resolution","t":"Resolution authorizing the City Manager to renew a contract with Accela, Inc.","desc":"Background: - Accela, Inc. is the primary permitting and code enforcement software system that has  been used by DSD for over ten years. - A competitive request for proposals was completed in 2023 and a new vendor, Clariti,  was selected to provide permitting and code enforcement services moving forward. - Based on the 18-month implementation calendar for Clariti, DSD needs continued access  to Acclea to provide uninterrupted permitting and code enforcement services pending the  launch of Clariti in late calendar year 2025. - This contract renewal provides continued access to Accela, Inc. through December 2025,  at which point it will no longer be needed as the City will have fully transitioned to the new  Clariti solution.  Vendor Outreach Efforts: - The City completed a competitive procurement process through a request for proposals  in 2023 for permitting and code enforcement software. - That process resulted in the selection of Clariti as the new software provider for  permitting and code enforcement. - This current contract renewal provides a bridge of uninterrupted service to the  development community while the Clariti the Clariti platform is implemented. - Accela, Inc. is not an MWBE vendor.  Committee(s): - None  Pro(s): - Allows uninterrupted services for permitting and code enforcement.  Con(s): - None  Fiscal Impact: - The software maintenance cost for Accela through December 2025 is $40,734.54. This  software maintenance is currently budgeted through the Development Services  Technology Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":29},{"d":"2024-08-27","mt":"regular","id":"IV-A","ref":"RES 24-204","it":"public_hearing","t":"Public hearing / resolution to permanently close an unopened paper right-of-way at Hiawassee Street","desc":"Division Manager of Community & Economic Development Rachel Taylor said that this is the consideration of a resolution to permanently close a paper right-of-way located on 34 Hiwassee Street. This public hearing was advertised on August 2, 9, 16 and 23, 2024.  Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - The statute requires the City Council to consider whether the closure of the right-of-way  negatively impacts the public interest and would impede access to parcels, utilities, and  other public infrastructure. - All property owners abutting the unopened right-of-way, namely the City and Duke  Energy Progress, have signed affidavits approving the proposed closure. - The closure's purpose is to allow for a future land exchange between the City of Asheville  and Duke Energy so that Duke Energy can rebuild a substation in that location. - If Council approves the closure, Duke will proceed with the land exchange process with  the City, and the existing right-of-way will become Duke's property upon completion of the  new substation and final execution of the land exchange development agreement. - This division of the closed right-of-way will be shown on a plat filed at the register of  deeds office and signed by both the City and Duke. - The City Manager has approved the request to waive the closure fees since this is a  City-initiated request related to a contemplated future City project.    \f Committee(s): - None; City-initiated closure of an unopened right-of-way.  Pro(s): - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way. - Closure of the unopened right-of-way would allow for a land exchange with Duke Energy  to facilitate Duke’s plan to rebuild the downtown substation and facilitate possible future  expansion of the Thomas Wolfe Auditorium, Harrah’s Cherokee Center of Asheville, or  the City’s other potential development plans for Rankin Avenue.  Con(s): - Relocation of City employee parking.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.   Ms. Taylor outlined the following key takeaways from her presentation: (1) The City of Asheville has requested this closure for an unopened right-of-way located on 34 Hiawassee; (2) This closure would allow for a future land exchange between the City of Asheville and Duke Energy - The purpose of the land exchange is to allow Duke Energy to rebuild a substation in that location and for the City to receive a buildable lot; and (3) If Council approves the closure, Duke will proceed with the land exchange process with the City, and the existing right-of-way will become Duke's property upon completion of the new substation and final execution of the land exchange development agreement. She said the City of Asheville has requested this closure. The City wishes to permanently close an unopened right-of-way that runs roughly north-south near Hiawassee Street: 34 Hiawassee; A Duke-owned parcel directly adjacent to Harrah’s Cherokee Center-Asheville. If the closure is approved, the right-of-way will be divided among the 2 properties and a new plat will be filed. All adjacent property owners have signed affidavits of approval. The Applicant, City of Asheville, has indicated that the purpose of the right-of-way closure is to facilitate a full and fair exchange of property between Duke Energy and the City.   Councilwoman Roney thanked the public for their input and pressure when the previous iteration of this project would have meant loss of tree canopy, stormwater issues, and a significant impact on Lexington Avenue. The pressure and public engagement including many emails caused us to go back to the drawing board with Duke and make improvements, so thank you for the public comment that made this decision better.   Mayor Manheimer opened the public hearing at 6:03 p.m., and when no one spoke, she closed the public hearing at 6:03 p.m.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":30},{"d":"2024-08-27","mt":"regular","id":"IV-B","ref":"ORD 5096","it":"public_hearing","t":"Public hearing / ordinance amending a conditional zoning (conditional zoning amendment request)","desc":"Urban Planner Clay Mitchell said that this is the consideration of an amendment to a conditional zoning amendment for property located at 252 Patton Avenue for the purpose of amending the phasing of the project to allow for a temporary, open-air substation, and the extent of the conditional zoning. This public hearing was advertised on August 16 and 23, 2024.  Project Location and Contacts: - The project site consists of five (5) parcels and totals 4.11 acres at 252 Patton Ave (PINs  9648-19-0460, 9648-09-9255, 9648-09-9281, 9648-19-0117, and 9648-19-0123). - Owner: Duke Energy Progress LLC  Summary of Petition:  Project Site - The project area consists of five (5) properties totalling 4.11 acres located at 252 Patton  Ave. - The project is bounded by Patton Ave, Clingman Ave, Hilliard Ave, Knoxville Pl, and W.  Haywood St. - Clingman Ave is designated as a Key Pedestrian Street in the CBD zoning  district. - The project site is currently zoned Residential Multi-Family Medium Density (RM-8) and  Central Business - Conditional Zone (CBD-CZ) per Ord. No. 4725. - The project site is currently vacant, with the exception of a concrete pad and retaining  structure to serve as the site for the future substation. - The project site is located immediately adjacent to the West End Clingman Avenue  Neighborhood (WECAN). - Duke Energy worked extensively with the WECAN neighborhood during the original  conditional zoning proposal and this subsequent amendment. - The site is designated “Downtown” on the Living Asheville Comprehensive Plan Future  Land Use Map. A change to the Future Land Use map is not required.   Overall Project Proposal - This request is for an amendment to the previously approved conditional zoning. - The original conditional zoning was approved for the purpose of constructing a  new, gas-insulated (enclosed) substation. - This amendment to the conditional zoning would allow for a temporary, open-air  substation, which is required to support other utility work in Downtown, including  the rebuilding of the Vanderbilt Substation on Rankin St, behind Harrah’s  Cherokee Center. - The tallest temporary transmission pole is proposed to be approximately 100’ in height.  Two lightning masts on the temporary substation equipment are proposed to be  approximately 70’ in height. The remainder of the elements of the temporary substation   \f equipment are approximately 40’ in height. - An 8’-high chain link security fence will be installed around the perimeter of the site and  the substation during this temporary phase. - All of the parcels will be recombined to create three new parcels. Lot 1 will support the  substation while lots 2 and 3 will remain unimproved for future sale and development.   Access, Sidewalks and Parking - A new, 12’-wide sidewalk is proposed along W. Haywood. The existing sidewalk on  Patton and Clingman Avenues will remain in place. The sidewalk will be installed within  six (6) months of the temporary substation going into operation. - No defined off-street parking is provided as part of the substation development. Service  vehicles will access and park on the substation property as needed.   UDO Compliance  UDO Provision Requirement (COM EXP) Proposed  Gross Floor Area: No maximum area. Not applicable.  Density: No maximum density. Not applicable.  Lot Size Minimum: None. 4.11 acres  Lot Width Minimum: None. Approximately 600’  Building Height(s) Maximum: 145’ and 265’ except in areas of the Maximum height of 100’.  Context Transition Edge.  Building Setbacks Minimum: None, except 15’ side and rear when Varies and in excess of required  adjacent to residential zoning districts. minimums  Vehicle Parking Spaces: None, except hotel uses. Not applicable.  Bicycle Parking Spaces: 5% of provided parking spaces. Not applicable.  Open Space: None required. Not applicable.  Impervious Surface Area: No maximum. Not applicable.  Sidewalks: 10’-wide minimum. 12’-wide proposed along W.  Haywood St at permanent phase;  Retain existing on Patton and  Clingman Aves.  Tree Canopy Preservation: Management District: Downtown To be determined at final technical  Classification: Class A review.  Existing Canopy: TBD   New street trees proposed along W.  Property Line Does not a…  Haywood St at permanent phase.    \f Buffer Applicable Landscaping Standards  Street Buffer Does not a…   Street Trees Does apply   Parking Does not a…  Landscaping   Building Does not a…  Landscaping   Screening Does not a…   Project Conditions - The temporary substation shall not operate longer than 3 ½ years following its  construction, or six months following the new Rankin Avenue substation being in  operation, whichever is sooner - Subject to the approval of the North Carolina Department of Transportation, the  rights-of-way along Patton and Clingman Avenue will be expanded an additional 12’ and  19’, respectively, onto the subject property in order to accommodate future transportation  improvements.   Technical Modifications - Permanent Phase - The project received the following technical modifications for the  permanent substation building through the initial conditional zoning process, including: - A one-story substation building where a two-story minimum height is required. - Fenestration and opening percentages of less than the required 70% along  Clingman Ave (Key Pedestrian Street) and the required 50% along other  frontages. - North elevation on W. Haywood St: proposed 39% - South elevation on Hilliard Ave: proposed 32% - East elevation on Clingman Ave: proposed 31% - West elevation on Knoxville Pl: proposed 38% - Building coverage less than the required 80% along the Key Pedestrian Street  frontage of Clingman Ave. - Setbacks of 80-90’ along W. Haywood St where a 0’ setback is required. - Temporary Phase - The project is seeking technical modifications to development  standards through the conditional zoning process for the temporary substation phase,  including: - Building, equipment, and utility structure height above the height limit in the  Context Transition Edge, where height is limited to 1.5 times the distance from  the context transition line, including: 45'-tall temporary substation equipment,  35'-tall permanent substation building, 75'-tall lightning masts, and 110'-tall  transmission poles.   Consistency with the Comprehensive Plan and Other Plans:  Living Asheville Comprehensive Plan (2018) - The proposed development supports the following goals in the Living Asheville  Comprehensive Plan:  - Encourage Responsible Growth: by ensuring that new development has the  appropriate infrastructure to support it.  - Make Streets More Walkable, Comfortable and Connected - by eliminating  gaps in the city-wide sidewalk network. - The proposed development is compatible with the Future Land Use designation of  “Downtown”, which is proposed, in part, as “...a version of Asheville’s sustainable and  resilient future as a place to live, work, relax and visit among a vibrant and engaging  urban environment… Toward this end, further enhancement of traditional and green  infrastructure, such as sidewalks, stormwater, tree canopy, public spaces, broadband  and multimodal connectivity should be prioritized and supported by sound urban design  and placemaking principle”.  Compatibility Analysis: - The proposed mixed-use project is generally compatible with the surrounding land uses,  including:  - Multi-family residential uses to the east along Clingman Ave and further into  Downtown.  - Office and retail uses to the west on W. Haywood St.  - Single-family residences to the south along Knoxville Pl and further into the  WECAN neighborhood.  Committee(s): - Technical Review Committee (TRC) - June 17, 2024 - Approved with conditions. - Design Review Committee (TRC) - July 18, 2024 - Approved (Vote 5:0) with the following  conditions: 1) That the project seek staff approval for the location, extent, and  configuration of the graphic portion of the temporary fence screening; and, 2) That the  project pursue a secondary privacy fence along Knoxville Place and Hilliard Avenue if  determined necessary for the project. - Planning & Zoning Commission (PZC) - August 7, 2024 - Approved (Vote 4:1) with the  following conditions: 1) That the temporary substation shall not operate longer than 3 ½  years following its construction, or six months following the new Rankin Avenue  substation being in operation, whichever is sooner; 2) That the graphical inserts on the  proposed security fence be composed of public art and/or neighborhood-related branding  and design; 3) That Duke energy explore the possibility of constructing the proposed  sidewalk and street trees during the construction of the temporary substation, with the  option to use a standing sidewalk scoring pattern to allow for more seamless replacement  of sidewalk section, as needed; and, 4) That the vesting period for the conditional zoning  be reduced to three (3) years following City Council approval.  Staff Recommendation: - Staff recommends approval of this conditional zoning amendment request based on the  reasons stated above.   Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the temporary site plan, (1) Temporary, open-air substation which is required to support other utility work in the Downtown, including the rebuilding of the Vanderbilt   \fSubstation on Rankin St, behind Harrah’s Cherokee Center; (2) Equipment height: Transmission pole: 100’, Lightning masts: 70’, and Other equipment: 40’; 3) 8’-tall chain link security fence; and (4) Out parcels to be recombined/subdivided for future development. Regarding the permanent site plan, (1) Original conditional zoning for a new, gas-insulated (enclosed) substation, one/two-story building at 25’ in height; (2) New 12’-wide sidewalk is proposed along W. Haywood, to be built within six months of the temporary substation going into operation; (3) Existing sidewalks on Patton and Clingman Avenues will remain in place; and (4) Landscaping to be installed during construction of permanent substation. He then showed permanent substation elevations. Conditions include (1) The temporary substation shall not operate longer than 3.5 years following its construction, or six months following the new Rankin Avenue substation being in operation, whichever is sooner; and (2) Subject to the approval of the North Carolina Department of Transportation, the rights-of-way along Patton and Clingman Avenue will be expanded an additional 12’ and 19’, respectively, onto the subject property in order to accommodate future transportation improvements. Regarding technical modifications for the permanent phase, the project received the following technical modifications for the permanent substation building through the initial conditional zoning process, including: (1) A one-story substation building where a two-story minimum height is required; (2) Fenestration and opening percentages of less than the required 70% along Clingman Ave (Key Pedestrian Street) and the required 50% along other frontages - North elevation on W. Haywood St: proposed 39%; South elevation on Hilliard Ave: proposed 32%; East elevation on Clingman Ave: proposed 31%; and West elevation on Knoxville Pl: proposed 38%; (3) Building coverage less than the required 80% along the Key Pedestrian Street frontage of Clingman Avenue; and (4) Setbacks of 80-90’ along W. Haywood St where a 0’ setback is required. Regarding the technical modifications for the temporary phase, The project is seeking technical modifications to development standards through the conditional zoning process for the temporary substation phase, including: Building, equipment, and utility structure height above the height limit in the Context Transition Edge, where height is limited to 1.5 times the distance from the context transition line, including: 45'-tall temporary substation equipment, 35'-tall permanent substation building, 75'-tall lightning masts, and 110'-tall transmission poles. He then briefed Council on the review process as follows: (1) Technical Review Committee (TRC) - June 17, 2024: Approved with conditions; (2) Design Review Committee (DRC) - July 18, 2024: Approved (Vote 5:0) with the following conditions: 1) That the project seek staff approval for the location, extent, and configuration of the graphic portion of the temporary fence screening; and, 2) That the project pursue a secondary privacy fence along Knoxville Place and Hilliard Avenue if determined necessary for the project; and (3) Planning & Zoning Commission (PZC) - August 7, 2024: Approved (Vote 4:1) with the following conditions: 1) That the temporary substation shall not operate longer than 3 ½ years following its construction, or six months following the new Rankin Avenue substation being in operation, whichever is sooner; 2) That the graphical inserts on the proposed security fence be composed of public art and/or neighborhood-related branding and design; 3) That Duke energy explore the possibility of constructing the proposed sidewalk and street trees during the construction of the temporary substation, with the option to use a standing sidewalk scoring pattern to allow for more seamless replacement of sidewalk section, as needed; and, 4) That the vesting period for the conditional zoning be reduced to three (3) years following City Council approval. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning amendment.   Councilwoman Roney was disappointed that we aren’t seeing a gas-insulated substation for improved safety and long-term investment in a stable electric grid as well as improved security. That said, she appreciated the design improvement of the walls instead of the fence and neon light show previously presented.   Jennifer Bennett, Duke Energy’s Government and Community Relations Manager, thanked City Council for allowing them to provide reliable and resilient energy in Asheville.   \f Mr. Justin Brown, Duke Energy’s Project Manager, said their community engagement team has a deep history working with Downtown Asheville Energy Investments, and includes a variety of professionals: Infrastructure Engagement,; Government and Community; and Media Relations. He did a brief overview of community engagement from the initial proposal in 2022, through Phase III (May-August, 2024). Addressing community feedback (1) visual impact mitigation and aesthetics (a) utilizing fence screening around site perimeter at Patton Avenue; and (b) developing conceptual designs to incorporate on fence screening; (2) pedestrian improvement (a) construct the West Haywood Street sidewalk during the temporary substation phase; and (b) sidewalk to be installed within 6 months of the temporary substation going into operation; (3) traffic and noise management (a) incorporating on-site flaggers to direct traffic; (b) construction will take place during weekdays to avoid busy evening and weekend traffic times; and (c) shared noise comparisons for temporary substation to alleviate concerns; and (4) commitment to Patton Avenue GIS (a) incorporated language in permit application to require removal of the temporary substation within 6 months of Rankin Avenue substation completion; and (b) begin construction on the Patton Avenue GIS substation in 2027.   Ongoing engagement commitment is that they will continue to share proactive updates with neighbors at key project milestones (1) final regulatory approval and the start of prep work; (2) construction start at Rankin Avenue; (3) construction completion and temporary substation removal; and (4) construction start on the GIS substation at Patton Avenue. They will also continue to update the project webpage and monitor the project hotline to address any neighbor questions or concerns.   Mayor Manheimer opened the public hearing at 6:23 p.m., and when no one spoke, she closed the public hearing at 6:23 p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":31},{"d":"2024-08-27","mt":"regular","id":"IV-C","ref":"ORD 5097","it":"public_hearing","t":"Public hearing to consider rezoning 99999 Long Shoals Road from RS-2 Residential Single-Family Low Density District to Highway Business District","desc":"Assistant Director of Planning & Urban Design Chris Collins said that this is the consideration of an ordinance to consider the rezoning 99999 Long Shoals Road from RS-2 Residential Single-Family Low Density District to Highway Business District. This public hearing was advertised on August 16 and 23, 2024.   \fProject Location and Contacts: - The rezoning petition consists of one property totalling 5.05 acres and located at 99999  Long Shoals Rd (PIN 9645-90-0001). - Owner: Windaade LLC  Summary of Petition: - The applicant requests a rezoning of one property to the Highway Business (HB) District. - The property is currently zoned Residential Single-Family Low Density (RS-2). - The property is currently vacant and undeveloped. - The subject property is designated “Parks and Open Space” on the city’s Future Land  Use (FLU) Map, which is a result of the historic ownership of the property and the  hydrology through the site. A change to the FLU Map to “Urban Corridor” is  recommended for consistency with the designation of adjacent properties and the  proposed zoning district. - A number of properties and project sites along Long Shoals Road have been rezoned  from RS-2 recently, including three conditional zonings to the Residential Expansion  district and a straight rezoning to the Highway Business district. Comprehensive Plan Consistency: - The proposed rezoning supports a number of goals in the Living Asheville  Comprehensive Plan including:  - Encourage Responsible Growth - by prioritizing growth and development within  designated growth areas.  - Facilitate Real Estate Development that Maximizes Public Benefit - by  establishing accessible and well-connected commercial nodes consistent with  strategies outlined in the plan’s growth areas.  - Create a Sustainable Path to Balanced Budgets - by promoting development  in the growth areas identified in Living Asheville as a way of ensuring new  development maximizes fiscal returns to the city. - The proposed rezoning, while not consistent with the current Future Land Use  designation of “Parks and Open Space”, would make future development consistent with  the adjacent Future Land Use designation and adjacent zoning, as well as recent  development trends in the area which have included three conditional zonings and one  straight rezoning totalling approximately 19 acres. - The proposed rezoning would be compatible with the proposed Future Land Use  designation of “Urban Corridor” which is proposed, in part, as “redevelopment in the form  of mixed-use residential, commercial and office uses that place emphasis on  pedestrian-friendly amenities and infrastructure”. - Highway Business (HB) is cited as an appropriate zoning district within the Urban  Corridor Future Land Use category.  Compatibility Analysis: - The purpose of the Highway Business (HB) zoning district is, “to address the needs of  commercial development along major thoroughfares. Automobile-oriented development is  prevalent within this district and a wide range of commercial uses is permitted.” - The proposed rezoning petition is compatible the surrounding land uses, including:  - Highway Business (HB) zoned property to the east along Long Shoals Rd  consisting of a variety of retail and service uses.  - Institutional (INST) zoned property to the west along Long Shoals Rd.  - Commercial Business II (CBII) and Residential Expansion - Conditional Zoning  (RES EXP-CZ) zoned properties further to the west along Long Shoals Rd,    \f consisting of existing retail and service uses, as well as planned multi-family  residential uses.  Committee(s): - N/A  Pro(s): - Provides greater development potential along a major thoroughfare experiencing  significant growth and redevelopment. - Opportunity to create a more uniform character between the eastern and western  sections of Long Shoals Rd.  Con(s): - Elimination of residentially-zoned land which is partially minimized by the limited existing  development potential given the low-density zoning and environmental constraints of the  site. - A reduction in natural open space and impacts to the existing wetlands and streams  through the site.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated above.   Mr. Collins reviewed the existing and proposed zoning, the aerial imagery and the existing and proposed future land use maps. He then outlined the pros being (1) Provides greater development potential along a major thoroughfare experiencing significant growth and redevelopment; and (2) Opportunity to create a more uniform character between the eastern and western sections of Long Shoals Road. Cons found are (1) Elimination of residentially-zoned land which is partially minimized by the limited existing development potential given the low-density zoning and environmental constraints of the site; and (2) A reduction in natural open space and impacts to the existing wetlands and streams through the site. Regarding the compatibility analysis, the purpose of the Highway Business (HB) zoning district is, “to address the needs of commercial development along major thoroughfares. Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted.” It is compatible with most of the surrounding land uses, including: (1) Highway Business (HB) zoned property to the east along Long Shoals Rd consisting of a variety of retail and service uses; (2) Institutional (INST) zoned property to the west along Long Shoals Rd; and (3) Commercial Business II (CBII) and Residential Expansion - Conditional Zoning (RES EXP-CZ) zoned properties further to the west along Long Shoals Rd, consisting of existing retail and service uses, as well as planned multi-family residential uses. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed rezoning.   Mr. Collins responded to Councilwoman Roney to confirm that our wetland regulations still apply. Councilwoman Roney said that dense development on transit corridors makes dollars and sense unless it creates other infrastructure issues like stormwater failure in the area.   Mayor Manheimer opened the public hearing at 6:32 p.m., and when no one spoke, she closed the public hearing at 6:32 p.m.    \f Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":32},{"d":"2024-08-27","mt":"regular","id":"IV-D","ref":"","it":"motion","t":"Motion to continue public hearing on conditional zoning amendment for 179 and 144 Clingman Avenue / RAD area until September 10, 2024","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Turner","sec":"Kilgore","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":33},{"d":"2024-08-27","mt":"regular","id":"VI-A","ref":"RES 24-203","it":"resolution","t":"Resolution No. 24-203 adopting Recreate Asheville: Shaping Our City's Parks (10-year parks plan)","desc":"Background: - Accela, Inc. is the primary permitting and code enforcement software system that has  been used by DSD for over ten years. - A competitive request for proposals was completed in 2023 and a new vendor, Clariti,  was selected to provide permitting and code enforcement services moving forward. - Based on the 18-month implementation calendar for Clariti, DSD needs continued access  to Acclea to provide uninterrupted permitting and code enforcement services pending the  launch of Clariti in late calendar year 2025. - This contract renewal provides continued access to Accela, Inc. through December 2025,  at which point it will no longer be needed as the City will have fully transitioned to the new  Clariti solution.  Vendor Outreach Efforts: - The City completed a competitive procurement process through a request for proposals  in 2023 for permitting and code enforcement software. - That process resulted in the selection of Clariti as the new software provider for  permitting and code enforcement. - This current contract renewal provides a bridge of uninterrupted service to the  development community while the Clariti the Clariti platform is implemented. - Accela, Inc. is not an MWBE vendor.  Committee(s): - None  Pro(s): - Allows uninterrupted services for permitting and code enforcement.  Con(s): - None  Fiscal Impact: - The software maintenance cost for Accela through December 2025 is $40,734.54. This  software maintenance is currently budgeted through the Development Services  Technology Fund.","c":"Contracts & Procurement","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":34},{"d":"2024-08-27","mt":"regular","id":"VI-B","ref":"","it":"appointment","t":"Resolution reappointing Geoffrey Barton to the Planning & Zoning Commission","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"no material signals","sq":35},{"d":"2024-08-27","mt":"special","id":"pre-closed-in","ref":"","it":"other","t":"Motion to go into closed session (4:30 p.m. pre-meeting)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":2},{"d":"2024-08-27","mt":"special","id":"pre-closed-out","ref":"","it":"other","t":"Motion to come out of closed session (5:10 p.m.)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":3},{"d":"2024-08-27","mt":"worksession","id":"ws-closed-in","ref":"","it":"other","t":"Motion to go into closed session (agenda briefing worksession)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2024-08-27","mt":"worksession","id":"ws-closed-out","ref":"","it":"other","t":"Motion to come out of closed session (agenda briefing worksession)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BPyHmwK2XamGykledkuLyeD9LfAxU40_/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2024-09-10","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on August 22, 2024, and the formal meeting held on August 27, 2024","desc":"Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Iix8fLlBEJLRZK8y31D8ahd4b0INz53r/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-09-10","mt":"regular","id":"IV-B","ref":"ORD 5098","it":"public_hearing","t":"Ordinance to amend the conditional zoning of 179 and 144 Riverside Drive to allow construction of 240 residential units and remove commercial uses","desc":"Mayor Manheimer said that this public hearing was held on August 27, 2024, and continued to this date in order for the applicant to consider the concerns expressed by City Council at their August 27 meeting, and bring back a project that adheres to the existing plans we have.  Urban Planner Clay Mitchell said that this is the consideration of an ordinance to consider an ordinance to amend a previously approved conditional zoning of the property located at 179 & 144 Riverside Drive (formerly addressed as 159 Riverside Dr.) to incorporate and reflect: changes in use from mixed-use to residential only, an increase in density, and modifications to the design that increase building height, increase the number of building stories and alter related site plan  elements. The parcels are currently zoned Commercial Expansion - Conditional Zone (COM EXP-CZ) and RAD-OSP CZ per Ord. No. 4398, adopted August 24, 2021.  Mr. Mitchell explained the following chart:  Project Component: Original: Amendment: 09/06/24 Changes:  Commercial Use 14,000 s.f. Food truck space on 179 Riverside  EV Bike rental space at 179 Riverside. Additional food truck spaces and kayak racks on 144 Riverside  Building design Glassed in entries Glassed in entries. Expanded glazing at vertical break above entries.  Building stepback between northern end center portion  Solar None None Solar ready roof  Pervious parking None 144 Riverside spaces  Added 32 spaces at 179 Riverside  Rainwater harvesting Mill Building None Comprehensive main building system  Ground level parking access None None Additional pedestrian connection at northern end  Dedicated EV Parking None None Added to podium parking  Plaza spaces Shown Expanded southern end  Further expansion at southern end, new space at northern end.  At this time, staff finds that the proposed changes are reasonable improvements in addressing concerns outlined in the staff report and therefore concurs with the Planning and Zoning Commission approval of this request for an amendment to the existing rezoning. Modifications to the project conditions must be made to document to reflect the applicant’s submission on 09/06/2024.  Derek Allen, attorney representing the applicant, provided Council with a summary of the updates, revised renderings (illustrating updates), and revised site plan (illustrating updates). He said the revisions include the following project updates (1) added all glass to the eastern wall at all building breaks to further emphasize transparency and the building breaks. Assists the project appearing as three apparent separate buildings joined by gall entry vestibules/connectors from Riverside Drive; (2) added sidewalks from the building to Riverside Drive spaced no greater than every 100’ for residential access; (3) added public enhancements to both the Nw and SW building plazas along Riverside Drive; (4) added green features (a) added 100% permeable grass pavers for parking on the 144 Riverside Drive parking area (b) added 100% permeable grass pavers for parking on the 179 Riverside Drive at all diagonal parking area along the railroad; (c) added building infrastructure for future rooftop solar capacity on the 179 Riverside Drive; (d) added electrical vehicle charging stations under the 179 Riverside Drive building;  and (e) added cisterns for rainwater harvesting from the 169 Riverside Drive roof; and (5) added commercial features (a) added a food truck area, on 100% permeable grass pavers, to the 144 Riverside Drive site; (b) added a kayak and canoe rental area, on 100% permeable grass pavers, to the 144 Riverside Drive site; and (c) added an electric bicycle rental area to the 179 Riverside Drive site (NW corner adjacent to food truck area. He also Council with a revised set of project conditions, which included the new conditions the applicant has agreed to, as outlined above.  Derek Allen, attorney representing the applicant, responded to various questions/comments from Council, some being, but are not limited to: is the expanded courtyard and sidewalk ADA accessible; why is the applicant not putting any breaks in the building; regarding the food truck area, and will there be space for people to stand in line or have seating.  Councilwoman Roney shared appreciation that her request on solar-readiness was answered. Regarding place-making, she has heard community requests for public art on the North-facing wall and requests to confirm the parking area will not be fenced in as it currently is. Mr. Allen confirmed that once the project is built out, the fence will be taken down. Regarding public art on the North-facing wall, Mr. Allen said that they would be happy to incorporate that into the conditions.  In response to Councilwoman Turner regarding the integrity of the smokestack during construction, Mr. Allen said that they will study that and if there is any shoring up that needs to be done during project construction they will do that as that is a design element they wish to keep.  Mr. Allen responded to Councilwoman Turner regarding the loss of commercial activation.  Mayor Manheimer opened the public hearing at 6:24 p.m.  One individual spoke in opposition to this conditional zoning amendment; and three individuals spoke in support of the amendment.  Mayor Manheimer closed the public hearing at 6:35 p.m.  Councilwoman Roney said that it is her opinion that Council really messed up the safe access to transit for this project by downzoning Roberts Street as the primary access to transit. She shared the history of transit planning in the River Arts District on Hill Street and Depot Street. She then expressed concern for precedent-setting design issues.  Councilwoman Turner had hoped that there would have been greater breaks in the building, and more affordability; however, we need to get housing jump-started in that area and hoped this project will meet future housing needs.  Vice-Mayor Kilgore also expressed some of the same concerns as Councilwoman Turner and felt that any housing is better than no housing.  Mr. Allen said the following conditions are acceptable to the applicant: (1) installation of public art on the North side of the building, not on the smokestack; (2) the plaza on the south end of the plaza be ADA accessible; (3) the construction methods will take priority so that the smokestack is preserved; and (4) the food truck area on the 144 Riverside side will have seating and dining areas that will be river appropriate; and as approved by the City.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Kilgore","sec":"Mosley","r":"passed","ta":"4-2","cf":"high","u":"https://drive.google.com/file/d/1Iix8fLlBEJLRZK8y31D8ahd4b0INz53r/view?usp=drive_link","mat":1,"mr":"contested vote","sq":1},{"d":"2024-09-10","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the UDO regarding cottage development standards - motion to continue to February 11, 2025","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Iix8fLlBEJLRZK8y31D8ahd4b0INz53r/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":2},{"d":"2024-09-10","mt":"regular","id":"IV-D","ref":"","it":"public_hearing","t":"Public hearing to consider an amendment to the UDO regarding flag lot standards - motion to continue to February 11, 2025","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1Iix8fLlBEJLRZK8y31D8ahd4b0INz53r/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":3},{"d":"2024-09-10","mt":"regular","id":"VI-A","ref":"RES 24-206","it":"appointment","t":"Resolution appointing members to the Planning & Zoning Commission","desc":"Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Planning & Zoning Commission.  The terms of Geoffrey Barton and Susan Bean, as members of the Planning & Zoning Commission, will expire on August 14, 2024. In addition, Kimberly Levi has resigned, thus leaving an unexpired term until August 14, 2026.  On August 27, 2024, City Council decided to interview the following five candidates on September 10: Jane Margaret Bell, Andrew Fletcher, Jameka Shante’ Johnson, Beth Silverman and Anna Zuevskaya. Ms. Silverman was unable to attend the interview.  Also on August 27, 2024, Geoffrey Barton was reappointed to serve an additional three-term, term to expire August 14, 2027, or until his successor has been appointed.  After each Council member voted for two members, Jane Margaret Bell received 4 votes, Andrew Fletcher received one vote; Jameka Shante’ Johnson received two votes, Beth Silverman received two votes; and Anna Zuevskaya received three votes. Because there was not a majority vote, City Council then voted for one member each, with Andrew Fletcher receiving no votes; Jameka Shante’ Johnson receiving 1 vote; Beth Silverman receiving 1 vote; and Anna Zuevskaya receiving four votes. Therefore, Anna Zuevskaya was appointed to serve a three-year term, term to expire August 14, 2027, or until Anna Zuevskaya’s successor has been appointed; and (2) Jane Margaret Bell was appointed to fill the unexpired term of Kimberly Levi, term to expire August 14, 2026, or until Jane Margaret Bell’s successor has been appointed.","c":"Boards & Appointments","mo":"other","mv":"","sec":"","r":"passed","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1Iix8fLlBEJLRZK8y31D8ahd4b0INz53r/view?usp=drive_link","mat":1,"mr":"contested vote","sq":4},{"d":"2024-09-24","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of 8/22 briefing and 8/27/2024 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-09-24","mt":"regular","id":"B","ref":"RES 24-207","it":"resolution","t":"Contract with B.H. Graning Landscapes for FY2024-25 Utility Cut Concrete Repair","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility  Program. - This program is an enterprise fund that is supported by the participation and work  generated by partner agencies (Current members: Metropolitan Sewerage District,  Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division. Future potential member: Duke Energy), and individual permit fees from other, typically lower volume customers. - As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. - At times these activities cut into concrete infrastructure such as curbs and sidewalks. When this occurs, the Utility Cut Program must have a method to address these areas.  - City staff are currently in discussions with Duke Energy to join the Utility Cut Program. If they join, this will create an increased utilization of this contract and funds. - As part of the Fiscal Year 2025 budget, the City of Asheville will be adding an internal concrete crew to handle these repairs. - This contract is in effect until this crew can be onboarded. - The contract was advertised on August 6, 2024 and bids were opened on August 23,  2024. - Six bids were received:  B.H. Graning Landscapes, Inc. of Sylva, NC $171,690.00 Appalachian Paving and Concrete of Swannanoa, NC $188,975.00 J&E Concrete Construction, LLC of Statesville, NC $199,460.00 Enterprises G, Inc. of Black Mountain, NC $227,902.50 Cinderella Partners, Inc of Indian Trail, NC $333,819.75 Dan Grady Company, LLC of Sylva, NC $355,900.00 - The contract work is expected to begin in late September and to last until the new internal crew is staffed.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Staff also checked the City of Asheville list of certified MWBE business, the NC Historically Underutilized Business database, and the NCDOT MWBE database for potential contractors. Three companies from an identified disparity group were found in the ten-county area and staff directly contacted those companies. The companies did not submit a bid for this contract. - Two companies with ownership from identified disparity groups (Hispanic) that were not directly contacted because they were not in the City of Asheville spreadsheet or NCDOT database submitted bids. In addition, one woman owned business submitted a bid. - B.H. Graning, the lowest bidder, is not an MWBE contractor. - Subcontractors will not be used on this contract.  Committee(s): - None  Pro(s): - Provides for the timely repair of concrete infrastructure that has been damaged by the  installation of utilities.  Con(s): - None  Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the  four partner agencies participating in the program. - The partners will be billed 100% of the repair cost, meaning that the City realizes full cost  recovery. - Funding for this contract is available in the FY 2024-25 Street Cut Utility Fund operating  budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-09-24","mt":"regular","id":"C","ref":"RES 24-208","it":"resolution","t":"Ratify additional spending under AgileAssets pavement management software contract","desc":"Background: - In 2015, the City began using AgileAssets as an integral part of the pavement  management process. - This system uses the data from the pavement condition surveys, that are completed  every four years, to optimize the resurfacing budget to maintain the pavement condition score as high as possible. - A pavement management system (PMS) is a valuable tool for repaving efforts to accurately assess the condition of roads by analyzing collected data on pavement conditions, such as surface distress, roughness, and structural integrity. - The existing contract with AgileAssets expired on January 31, 2024, but the City has continued to receive services through to the present date. - In order to pay the accrued invoices ($16,174.44) for the period in which the City was continuing to receive services, but lacked a written contract, ratification from Council is required. - The Public Works Department will continue using a pavement management system service through a short-term contract entered into through a co-op, which is an exception to the full competitive bidding process, until a new Request for Proposals is released in the Spring of 2025.  Vendor Outreach Efforts: - This is a contract ratification and no additional outreach is required.  Committee(s): - None  Pro(s): - Directly integrates with our asset management system. - Current system of record. - Industry leader in pavement management.  Con(s): - Reoccuring financial impact.  Fiscal Impact: - $16,174.44 for previously rendered services. - Funding for this contract is available in the FY 2024-25 Streets Capital Resurfacing  budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-09-24","mt":"regular","id":"D","ref":"RES 24-209","it":"resolution","t":"Approve documentation to pursue refunding of $42M 2022 Limited Obligation Bonds","desc":"Background: - The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt  Model since fiscal year 2013-14. - As a part of that multi-year financial model, the City routinely enters into short-term draw  programs with financial institutions through the issuance of interim Limited Obligation Bonds (LOBs). - The short term draw programs provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing. - The City issued its most recent interim LOBs in June 2022 in an amount not to exceed $42 million. - As of August 2024, the City has fully utilized the $42 million interim LOBs amount to reimburse itself for expenses associated with a number of capital projects including the Broadway Public Safety Station, the Dr. Wesley Grant Sr. Southside Community Center, City Hall elevator modernization, Muni Golf Course repairs, and the annual street resurfacing program. - In order to refund the principal drawn on this short-term loan, the City intends to issue 20-year, fixed-rate LOBs in October 2024. - The issuance of the Refunding LOBs required a public hearing which was held at the September 10, 2024 City Council meeting. - Staff is seeking Council adoption of the approving resolution associated with this refunding.     Pro(s):  - Converts Limited Obligation Bond (LOBs) short-term variable-rate debt to long-term  fixed-rate refunding bonds on a schedule that allows the City to meet its capital project cash flow needs. - Spreads capital costs over a longer term to better match assets’ lives.  Con(s): - None  Fiscal Impact:  - The exact amount of the debt service on the LOBs will be determined after sale of the  debt in October; however estimated debt service on these LOBs has already been included in the City’s multi-year Capital Improvement Program and Debt Model.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-09-24","mt":"regular","id":"E","ref":"RES 24-210","it":"resolution","t":"Contract amendments for Buncombe County PSIP/CDE and ID Bureau interlocal agreements","desc":"Background: - The City of Asheville and Buncombe County have interlocal agreements regarding the  provision of certain joint public safety-related services. - Both PSIP and CDE are utilized by APD on a daily basis. - CDE services ensure that the information entered into PSIP (known generally as the  countywide Records Management System, or RMS) is accurate and continually updated. - This is crucial for both incident and collision reports completed by APD officers, as both  state and federal statutes mandate that these documents are reported to the State of North Carolina and the federal Department of Justice. - The PSIP utilized by the APD (RMS) is shared with all public safety entities throughout Buncombe County, including Asheville Fire and Buncombe County EMS. - The PSIP manages calls for service by the public, evidence and property control management, and case management by criminal investigators. - The Public Safety Interoperability System/Centralized Data Entry information system and the Identification (ID) Bureau are both operated as County services. - Based on the interlocal agreements, the City pays 50% of the cost of the County Identification (ID) Bureau program and approximately 31% of the cost of the Public Safety Interoperability System and Centralized Data Entry (PSIP/CDE) programs. - Each year during the annual budget process, the County provides the City with estimates for the City’s share of each program's cost. - For fiscal year 2024-25, the County estimates that the City’s share of the PSIP/CDE costs will be $762,010 and the City’s share of the ID Bureau will be $595,690. - The requested contract change orders will allow staff to encumber those amounts in the City’s financial system. The County bills the City quarterly based on actual expenses.  Pro(s): - Provides authorization for the City to formally encumber annual amounts to pay existing  interlocal agreements.  Con(s): - None  Fiscal Impact: - Funding for these contracts is available in the Non-Departmental and Police Department  operating budgets.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-09-24","mt":"regular","id":"F","ref":"RES 24-211","it":"resolution","t":"Renew automatic aid agreement with Reems Creek Fire Department","desc":"Background: - In August 2013, City Council approved a resolution authorizing a multi-year agreement  with Reem’s Creek Fire Department for automatic aid service. - The City of Asheville has a need to strengthen its standard of response and cover in the  Beaverdam Valley and the Reem’s Creek Fire Department is the most appropriate organization to provide the service. - The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index. - After 11 years of positive consumer price index increases, the renewal for Fiscal Year (FY) 2023-24 services cost and are budgeted at $113,274.20 - The term of the renewal agreement will end June 30, 2025.  Vendor Outreach Efforts: - No other vendors are able to provide this service. - There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to  provide this service.  Committee(s): - None  Pro(s): - Allows the standard of cover to be met greater than 90% of the time.  Con(s): - Increasing cost to maintain existing level of service.  Fiscal Impact: - Funding for this agreement is available in the Fire Department’s operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-09-24","mt":"regular","id":"G","ref":"RES 24-212","it":"resolution","t":"Contract with Parker Technology for 24/7 video customer service at city garages","desc":"Background: - Parker Technology, LLC is the current vendor for video-based customer service at the  City’s parking garages. - After going through a competitive Request for Proposals (RFP) process in July 2024,  Parker Technology, LLC was re-selected as the most qualified firm to provide 24-7 real-time video-based call center services at all of the City of Ashevile’s parking garages. - Customers experiencing an issue when attempting to enter or exit a garage facility can press a button on the entry/exit equipment that automatically connects the customer to a Parker Technology representative via a live video feed to request assistance with using the equipment.  Vendor Outreach Efforts: - The City of Asheville has used Parker Technology, LLC to provide 24-7 video-based  customer service since early 2017; the current contract was ending and the City determined that it would be beneficial to conduct a new competitive procurement process in order to ensure that the City received the best value for the service provided. - The City of Asheville issued an RFP for the service on June 14, 2024. Staff held an optional pre-bid meeting on June 20th with two potential vendors participating. Another two potential vendors submitted questions prior to the submission deadline. - Only two bids were submitted, one from the current vendor Parker Technology, and one from Genesis. - Neither proposal was from an MWBE firm and both firms proposed to self-perform the service. - The two proposals were scored by a broad-based internal committee, including Transportation and Finance department staff and Parker Technology was selected by the committee.  Committee(s): - None  Pro(s): - This action will support the continuation of existing parking garage call center service.  Con(s): - None  Fiscal Impact: - The total contract amount is $160,000.00 for the initial three-year period. If the two  optional one-year periods are exercised, the total contract amount will not exceed $273,000. - Funding for the first year of the contract has already been budgeted for in Fiscal Year 2025 and additional funds will be budgeted in future annual Parking Services operating budgets.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-09-24","mt":"regular","id":"H","ref":"ORD 5099","it":"ordinance","t":"Enact 25 mph (Haywood Rd) and 35 mph (Swannanoa River Rd) speed limits","desc":"Background: - N.C. General Statute § 20-141 gives the City the authority to regulate speed limits within  its corporate limits. - City staff received requests from constituents to consider changes to speed limits. - Haywood Road (US 19-23 Business and SR 3548) and Swannanoa River Road (N.C. 81)  are state maintained streets within the city limits. - The North Carolina Department of Transportation (NCDOT) conducted a  traffic-engineering study for US 19-23 Business (Haywood Road) from Patton Avenue to  Oakwood Street and SR-3548 (Haywood Road) from Westwood Place to Riverview Drive and determined that the speed limit should be reduced from 35 miles per hour to 25 miles per hour. - NCDOT conducted a traffic-engineering study for NC-81 (Swannanoa River Road) from Bryson Street to US 70 (Tunnel Road) and determined that the speed limit should be reduced from 45 miles per hour to 35 miles per hour. - The Asheville Police Department has reviewed the subject actions and they concur with them. - NCDOT will install the appropriate signs on US 19-23 Business (Haywood Road), SR-3548 (Haywood Road) and NC-81 (Swannanoa River Road).  Committee(s): - MMTC - August 28, 2024 - Presented for information. The MMTC voiced concurrence  with the recommended speed limit changes.  Pro(s): - City staff have been able to respond favorably to constituent requests. - Provides a more appropriate posted speed limit in residential and commercial areas. - Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders.  Con(s): - None  Fiscal Impact: - No cost to the City","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-09-24","mt":"regular","id":"I","ref":"RES 24-213 / ORD 5100","it":"resolution","t":"Accept $1,374,797 Section 5307 transit funds rescission from Buncombe County; budget amendment","desc":"","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-09-24","mt":"regular","id":"IV-A","ref":"RES 24-215","it":"public_hearing","t":"Permanently close ~140 ft of Sawyer Street near Coxe Avenue","desc":"City Engineer Christopher Cairns said that this is the consideration of a resolution to permanently close approximately 140 feet of Sawyer Street, an open right-of-way, connecting to Coxe Avenue, between the parcels addressed as 50 and 52 Coxe Avenue. This public hearing was advertised on August 30, September 6, 13 and 20, 2024.  Background: - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - The statute requires City Council to consider whether the closure of the right of way has a  negative impact to the public interest and whether the closure would be detrimental to individual property rights. - Buncombe County, the owner, petitioned for this closure in association with the future development of an affordable housing project that the Buncombe County County Commissioners approved conceptually at the April 2, 2024 Board of Commissioners Meeting. Units are planned to be designated for 80% Area Median Income or below. - The County has not yet submitted a development plan/application to the City. The requested right-of-way closure is being requested in advance in order to allow the County to move forward with a future development application. - This portion of right-of-way is currently in active use and maintained by the City. - The City Transportation Department has requested that the County provide a public  access easement contiguous with the closure area in order for pedestrian, bicycle, and potentially delivery access to remain in place in perpetuity.  https://drive.google.com/file/d/1jWkJVN2jw0mgdj4ap9uY1OG3nZIjE-Pi/view?usp=drive_link https://drive.google.com/file/d/1jWkJVN2jw0mgdj4ap9uY1OG3nZIjE-Pi/view?usp=drive_link  Committee(s): - Technical Review Committee - May 6, 2024 - Recommended approval - Multimodal Transportation Commission - May 22, 2024 - Recommended approval  Pro(s): - The County wishes to close this short section of right-of-way in order to combine the  parcels at 50 and 52 Coxe Avenue into a single larger parcel. - The benefit to doing this for the County is that they will be able to apply for and receive  more affordable housing tax incentives for one single larger parcel, than they would if they applied for incentives for two separate, smaller parcels. - A public access easement will be recorded to ensure future public access for pedestrians, bicyclists, and possibly delivery vehicles is provided in perpetuity.  Con(s): - The existing right-of-way is currently open and in active use. This action would close the  proposed portion of the right-of-way and the land would become Buncombe County property. - However, the County has agreed to provide a public access easement across the closure area in order for pedestrian, bicycle, and possibly delivery vehicles to continue to access the remainder of Sawyer Street in perpetuity.  Fiscal Impact: - This action requires no City resources and has no fiscal impact.  Mr. Cairnes outlined the following key takeaways from his presentation as follows: (1) Buncombe County petitioned for this closure in association with the future development of a 200 unit, affordable apartment complex to be built at 50/52 Coxe Avenue; (2) Closing the right-of-way would essentially combine the parcels at 50 and 52 Coxe Avenue, which will allow the County to access additional federal affordable housing tax incentives; and (3) The City has requested that a public access easement be granted to allow pedestrian, bicycle, and potentially delivery access to remain in place in perpetuity.. He said that Buncombe County, the Owner of 50 and 52 Coxe Avenue, petitioned for this closure in association with the future development of a 200 unit, affordable apartment complex that the Buncombe County County Commissioners approved conceptually at the April 2nd, 2024 BoCC Meeting. Units will be designated for 80% Area Median Income. The 140 Ft. of right-of-way is located between 50 and 52 Coxe Avenue, closed right-of-way to be divided evenly between the parcels. The closure is for a section of Sawyer Street that is currently in use and maintained by the City. The County wishes to close this short section of right-of-way in order to combine the parcels at 50 and 52 Coxe Avenue, which will allow the County to access additional federal affordable housing tax incentives. The recording of the closure will take place only if the Council approves the future Conditional Zoning application to be brought forward at a future meeting. The City Transportation Department has requested that the County provide a public access easement contiguous with the closure area in order for pedestrian, bicycle, and potentially delivery access to remain in place in perpetuity. He then showed maps of the right-of-way closure, along with views from the east and west from the Coxe Avenue intersection. The Technical Review Committee reviewed the request on May 6, 2024, and recommended approval to the closure. The Multimodal Transportation Committee reviewed the request at their May 22, 2024, meeting and also recommended approval of the closure.  Mayor Manheimer opened the public hearing at 5:34 p.m.  David Moritz said that he has a piece of property at the corner of Sawyer Street. He said he has not been provided any information on the impact for the entrance of his project which he is already entitled, but has not started yet because of the cost of construction.  Jared Wheatley spoke in support of this closing.  Mayor Manheimer closed the public hearing at 5:39 p.m.  Assistant Planning & Urban Design Director Chris Collins said that Mr. Moritz has a micro-housing project which was approved as a Level II project. Mr. Moritz’ project does have access off Sawyer Street but not at the portion to be closed. He also noted that no parking is required for the project.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2024-09-24","mt":"regular","id":"IV-B","ref":"ORD 5101","it":"public_hearing","t":"Amend Urban Village Master Plan for 5 Michael Street (site plan / mix of uses)","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":1,"mr":"contested vote","sq":12},{"d":"2024-09-24","mt":"regular","id":"IV-B-recuse","ref":"","it":"motion","t":"Recuse Vice-Mayor Kilgore from 5 Michael St matter (conflict of interest)","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-09-24","mt":"regular","id":"IV-C","ref":"ORD 5102","it":"public_hearing","t":"Rezone 107 Glendale Ave from RS-8 to RM-16","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 107 Glendale Avenue from RS-8 Residential Single-Family High Density District to RM-16 Residential Multi-Family High Density District. This public hearing was advertised on September 13 and 20, 2024.  Project Location and Contacts: - The rezoning petition consists of one property totalling 0.89 acres and located at 107  Glendale Ave (PIN 9658-20-6956). - Owner: New Vision Trust - The current use of the property is a single-family detached house. - The project site is within the greater Oakley neighborhood, predominated by single-family  houses, and approximately one-quarter to one-half mile from the commercial and industrial uses around the intersection of Thompson St and Glendale Ave. - A CSX railroad line is located at the rear of the project site.  Summary of Petition: - The applicant requests a rezoning of one property to the Residential Multi-Family High  Density (RM-16) District. - The property is currently zoned Residential Single-Family High Density (RS-8). - The subject property is designated “Traditional Neighborhood” on the city’s Future Land  Use (FLU) Map. A change to the FLU Map is not required.  Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated below.  Comprehensive Plan Consistency: - The proposed rezoning supports a number of goals in the Living Asheville  Comprehensive Plan including: - Encourage Responsible Growth - by prioritizing greater densities of  development overall, throughout the city as appropriate. - Increase and Diversify the Housing Supply - by promoting zoning policies to  encourage more housing by expanding areas permitting higher-density development. - The proposed rezoning is compatible with the Future Land Use designation of “Traditional Neighborhood” which is described, in part, that “types of housing can vary and often include a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes and multifamily apartments usually located seamlessly together”. - Residential Multi-Family High Density (RM-16) is cited as an appropriate zoning district within the Traditional Neighborhood Future Land Use category.  Compatibility Analysis: - The purpose of the Residential Multi-Family High Density (RM-16) district is, “to permit a  full range of high density multi-family housing types along with limited institutional, public and commercial uses appropriate within high density residential areas. - It is intended that this district be located near employment centers, shopping facilities, roads and other urban infrastructure capable of handling the demand generated by high density residential development.” - The proposed rezoning petition is compatible with the surrounding land uses, including: - Residential Multi-Family High Density (RM-16) zoned property directly to the west  of the subject property. - Residential Single-Family High Density (RS-8) zoned property directly to the east  of the subject property and the general surrounding area. - Commercial uses located to the north and west of the site, zoned Commercial  Industrial (CI).  Committee(s): - Planning & Zoning Commission (PZC) - September 4, 2024 - Approved (Vote 5:1)  Pro(s): - Allows for the development of more residential units and in a variety of housing types, as  compared to the existing zoning district. - Would not cause the existing single-family house on-site to become a non-conforming  use nor have non-conforming features.  Con(s): - None identified.  UDO District Comparison  UDO Provision Residential Single-Family High Density (RS-8)  Residential Multi-Family High Density (RM-16)  Allowed uses: ● Single-Family Detached - Townhouse - Accessory Dwelling Unit - Cottage Development - Limited public, institutional, and  recreational uses - Single-Family Detached - Townhouse - Duplex - Multi-Family - Accessory Dwelling Unit - Cottage Development - Limited public, institutional, and  recreational uses  Density: n/a 2 units per first 2,500 s.f. of lot area & 1 unit per each additional 1,000 s.f.  Structure Size: n/a Max. 4,000 s.f. footprint Max. 12,000 s.f. gross floor area  Lot Size Minimum: Min. 4,500 s.f. Min. 2,500 s.f.  Lot Width Minimum: Min. 40’ Min. 40’  Building Height: Max. 40’ Max. 40’  Building Setbacks: Front: 15’, Side: 6’, Rear: 15’ Front: 15’, Side: 6’, Rear: 15’  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the existing future land use map. He said the Planning & Zoning Commission approved the rezoning on September 4, 2024, on a 5-1 vote. He then reviewed a chart of the RS-8 vs. RM-16 provisions, along with the pros and cons of the rezoning. He then explained the compatibility analysis and how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning.  Mayor Manheimer opened the public hearing at 6:36 p.m.  Jared Wheatley spoke in opposition of this rezoning as he felt this is not a good straight rezoning given our current work regarding anti-displacement.  Robert Robinson felt we need more housing on transit corridors.  Mayor Manheimer closed the public hearing at 6:42 p.m.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Kilgore","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2024-09-24","mt":"regular","id":"IV-D","ref":"ORD 5103","it":"public_hearing","t":"Amend Article 19 of UDO (tree canopy / stormwater text amendments)","desc":"Assistant Director of Planning & Urban Design Chris Collins said that this is the consideration of an ordinance amendment to Article 19 of Chapter 7 the Code of Ordinances to update the tree canopy protection standards. This public hearing was advertised on September 13 and 20, 2024.  Background: - Article 19 was originally adopted by Council in September of 2020 with plans to revisit  and update the ordinance periodically. Since that time, staff has noted several areas for improvement and worked with key stakeholders to develop new preservation incentives for inclusion in the ordinance. - The amendments were originally planned to be heard with general landscaping requirement updates to the UDO. However, given the technical nature of the 7-19 amendments and the temporary pause on the general landscaping amendments, 7-19 changes are now moving forward independently. - The proposed amendments are focused on creating code elements that support the lessons learned by staff and developers to make the code more usable and therefore effective at Tree Canopy Preservation. - Additionally, the amendments create a new definition for “Heritage Trees” encompassing very large canopy trees while allowing additional incentives for preservation alongside disincentives for removal of these trees. - The Planning & Zoning Commission recommended approval of this amendment with a modification to allow 200% canopy credit for heritage tree preservation while utilizing any allowed canopy credit measurement system. The modification has been incorporated into the ordinance.  Comprehensive Plan Consistency: This proposal best aligns with the Living Asheville Comprehensive Plan themes of ‘A Livable Built Environment’ and ‘Harmony with the Natural Environment’ plan sections that include the following goals: - Make Streets More Walkable, Comfortable and Connected; - A Healthy and Expanding Urban Tree Canopy; - Protect Land and Water Assets; and - Encourage Naturalized Stormwater Management Techniques, Goal 25, Outcome 2:  Minimize growth of impervious surfaces citywide.  In addition, this proposal is consistent with and supports the Planning for Climate Resilience (Appendix D of the Comprehensive Plan) as a means to reduce vulnerability and risk due to climate change.  Committee(s): - Urban Forestry Commission: Recommended Approval by a vote of 7-0 on 08/02/2024 - Planning & Zoning Commission: Recommended Approval with one amendment by a vote  of 6-0 on 09/04/2024.  Pro(s): - Incentivizes the preservation of the City’s larger trees during land development activities. - Improves the consistency, clarity and access to the UDO for applicants, citizens and staff. - Supports the goals of the comprehensive plan aimed at providing greater predictability  and transparency in Asheville’s regulatory process. - Supports the Council goal of Improve/Expand Core Services, and Neighborhood and  Climate Resilience.  Cons: - None  Fiscal Impact: - N/A  Staff Recommendation: - Staff recommends approval of the proposed zoning text amendment to update the UDO  standards for Tree Canopy Preservation in Articles II and XIX because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well.  Mr. Collins provided the following key takeaways from his presentation: (1) City staff have inventoried needed changes to the Tree Canopy Preservation requirements as opportunities for improvement have arisen; (2) City staff have worked with the Urban Forestry Commission to create a mechanism to promote the preservation of very large canopy trees; and (3) This text amendment will fix several issues, simplify and clarify code provisions and introduce a new “Heritage Tree” classification that promotes the preservation of very large canopy trees. He said the progress to date is (1) tree canopy credit preserved - 2,481,992 square feet; (2) tree canopy credit planted - 336,850 square feet; and (3) tree canopy fee-in-lieu assessed - $462,018. He said the incentives to preserve canopy over planting or paying are working thus far. He then gave an overview of the heritage trees update as follows: (1) Certain trees over 30, 24 or 15 inches in trunk diameter; (2) Requirement to show on site within disturbance area; (3) 200% Canopy Credit Given for Preservation; and (4) 200% Canopy Credit Replacement Required for Removal Permit. Updates for applicability and exemptions are (1) Expansion of existing buildings & open uses of land: (a) Moves to a percentage-based expansion with a 10,000 square foot base; and (b) Allows more rational basis for large buildings and sites; (2) Clarifies that parks and recreational uses require compliance; and (3) Exempts publicly funded transportation projects and on-property governmental & utility easements. Updates on the new measurement method includes (1) Direct Canopy Measurement; (2) Allows for More Accuracy; (3) Allows for More Credit For Larger Trees (Increased preservation incentive); and (4) Additional Option on All Sites. Regarding the update on tree removal permits, he explained the sections where a tree removal permit is required, and then they are not required. Other lessons learned, missed Code and clarification updates include (1) 20% Critical Root Zone (CRZ) Encroachment Allowance (Codified); (2) Aerial Measurement (a) Remove from small sites; and (b) Require GIS measurement; (3) Clarify that Fee-in-Lieu still requires a Tree Canopy Protection (TCP) Plan; (4) Boundary Tree CRZ’s to be shown on plans; (5) Clarifies how to record a TCP plat; (6) Other clarifying language and cleanup; and (7) Defines “Open Use of Land”. He said the Urban Forestry Commission recommended approval on a 7-0 vote at their August 2, 2024, meeting In addition, the Planning & Zoning Commission recommended approval on a 6-0 vote at their September 4, 2024, meeting. He said that staff recommends approval of the proposed zoning text amendment to update the UDO standards for Tree Canopy Preservation in Articles II and XIX because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals.  Councilwoman Ullman felt that we can address the housing crisis, and places where people can build and have heritage trees. The amount of thoughtful work from volunteers in our community is astounding.  Mr. Collins responded to Councilwoman Turner when she asked if there were some projects that were not able to get through because of our Tree Canopy Preservation ordinance.  Mayor Manheimer opened the public hearing at 7:09 p.m.  David Mortiz suggested the City swap 68 Haywood Street for the urban forest downtown at 11 Collier Avenue and save the 100 trees.  Chris Difiore spoke in support of these text amendments.  Mayor Manheimer closed the public hearing at 7:13 p.m.  Mayor Manheimer said that the City put in an application to the Tourism Product Development Fund for a grant to build out the Beaucatcher Greenway and make it a more accessible path.  Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2024-09-24","mt":"regular","id":"J","ref":"RES 24-214","it":"resolution","t":"Professional services contract amendment with Equinox for Swannanoa River Greenway","desc":"Background: - The City of Asheville entered into a design contract with Equinox in July 2018 for a  feasibility analysis of potential greenway routes within the Swannanoa River area. - In June of 2020, a contract amendment with Equinox was issued for completing design,  construction documents and permitting for a total fee of not to exceed $657,930.42 - The City of Asheville has been awarded funding through the Tourism Product  Development Fund $2.3M to help cover project construction costs. - This contract amendment is needed to include construction administration and  observation services from the design team through the one year construction period. - The constructed greenway will be approximately 1 mile in length connecting Glendale  Avenue to Bleachery Boulevard. - The scope of work includes a 10-foot wide asphalt pathway, several retaining walls,  stormwater improvements, landscaping, site lighting and bioretention ponds. - Construction is scheduled to begin in late September 2024 and is anticipated to be  complete by September 2025.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses on August 28, 2017,  through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.  Pro(s): - Increases access to the City’s growing inventory of greenways - Works towards defining Asheville as a recreation destination  Con(s): - None  Fiscal Impact: - Funding for this contract is currently budgeted in the General Capital Projects Fund.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-09-24","mt":"regular","id":"VI-A","ref":"RES 24-216","it":"resolution","t":"Modify deed restriction at 148 River Ford Pkwy: 50 supportive + 50 affordable units","desc":"","c":"Housing","mo":"individual","mv":"Kilgore","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2024-09-24","mt":"regular","id":"VI-A2","ref":"RES 24-217","it":"resolution","t":"Reallocate $500K ARPA to Code Purple ($278K) and Emergency Shelter/Services ($222K)","desc":"Homeless Strategy Manager Emily Ball said that this is consideration of adoption of a resolution authorizing the City Manager to amend the existing deed restriction on 148 River Ford Parkway to specify 50 units of supportive housing and 50 units of affordable housing and reallocation of $500,000 in American Rescue Plan Act (ARPA) funding previously dedicated to permanent supportive housing at 148 River Ford Parkway; and (2) authorizing the City Manager to allocate the $500,000 in ARPA funding for homelessness services to Code Purple in the amount of $278,000 and to Emergency Shelter and Supportive Services in the amount of $222,000 and receive recommendations from the Asheville-Buncombe Continuum of Care prior to awarding specific projects.  Background: - 148 River Ford Parkway is the former site of the Ramada in Asheville. - At this time, Shangri-La Industries no longer owns the former Ramada property they  purchased to convert into Permanent Supportive Housing (PSH). The lender has now  completed the foreclosure process and owns the Ramada property so will make the final decision on the new buyer. - The deed restriction on the Ramada property requires the former hotel to be used for 100 units of permanent supportive housing for chronically homeless people. - In 2021, the City allocated $1.5M in funding for supportive services for the previous PSH project at the Ramada site, however City funds were not released or paid. - Friendship for Affordable Housing (FFAH) is a private, affordable housing developer under contract to purchase the property using private capital for acquisition and renovation (est. $18M). - Friendship originally proposed a permanent supportive housing development in partnership with the VA Medical Center (50 units for Veterans) and Homeward Bound (50 units for people exiting chronic homelessness). - Based on feedback from the Continuum of Care, HCD, and community, Friendship has reconfigured the proposed project to: - Continue to use Friendship’s private resources for acquisition and renovation, Housing Authority vouchers, and a partnership with the VA Medical Center for 50 units for Veterans - Remove the 50 units for people exiting chronic homelessness with support from Homeward Bound to become 50 units for people at or below 50% Area Median Income - This reconfiguration removes the original request for $1.5M in City funding and would require City Council action to modify the deed restriction from 100 units of permanent supportive housing to 50 units of permanent supportive housing and 50 units of affordable housing. The property will have an additional 13 affordable units without project-based vouchers or population specified. - Friendship is scheduled to close on the property October 1, 2024, contingent on Council action. - At their September 12, 2024 meeting, the Asheville-Buncombe Continuum of Care Board unanimously approved a recommendation that City Council modify the deed restriction as requested. - Because the reconfigured project no longer includes a City funding request, $500K in ARPA funding and $1M in City capital funding are available to reallocate. The $1M in City capital funding does not have time restrictions and staff is recommending to reconsider the use of the $1M as part of the Fiscal Year 2026 budget development process. - The $500K in ARPA funding was previously authorized for this project and per Treasury guidance, must be allocated by December 31, 2024 to homeless services. - At their September 12, 2024 meeting, the Asheville-Buncombe Continuum of Care Board unanimously approved a recommendation that City Council allocate the $500K in ARPA funding as follows and receive recommendations from the CoC prior to awarding specific projects: - $278K: Code Purple - $221K: Emergency Shelter and Supportive Services  Committee(s): - September 12, 2024 Continuum of Care Board: - Unanimously approved a recommendation to City Council to modify the deed restriction as requested and to allocate $500K in ARPA funding to Code Purple and Emergency Shelter and Supportive Services and to receive recommendations from the Continuum of Care prior to awarding specific projects - September 17, 2024 Housing and Community Development Committee: - Approved in a 2-0 vote (only two members of the Committee were present) a  recommendation to allocate $500k in ARPA funding to Code Purple and Emergency Shelter and Supportive Services and to receive recommendations from the Continuum of Care prior to awarding specific projects. - With only two members present, a motion was made but failed due to lack of a second to modify the deed restriction as requested.  Pro(s): - Addresses public health and safety - Creates needed permanent supportive housing units as well as deeply affordable  housing units - Leverages new investment of private-sector resources  Con(s): - None  Fiscal Impact: - None  Ms. Ball said the following are the key takeaways from her presentation (1) Friendship for Affordable Housing is a private affordable housing developer currently under contract with Stormfield Capital to purchase 148 River Ford Parkway, the former Ramada, to create 113 units of affordable housing. Closing is anticipated October 1, 2024 with occupancy projected for December 2025; (2) To accomplish this, Friendship is requesting a modification of the City’s current deed restriction from 100 units of supportive housing to 50 units of supportive housing and 50 units of affordable housing. No City funds are requested to develop these units. Closing is also contingent on securing Project-Based Vouchers from the Housing Authority and process is currently underway; and (3) The Asheville-Buncombe Continuum of Care Board has unanimously recommended 1) that City Council modify the deed restriction as requested and 2) reallocation of ARPA funds originally authorized for this property. Regarding the background, in 2021, the City was able to secure a 50-year deed restriction on 148 River Ford Parkway for 100 units of supportive housing for the chronically homeless from the property owner, Shangri-La Industries. The property was foreclosed and is now owned by Stormfield Capital. The deed restriction on this private property conveys to any new buyer. Friendship for Affordable Housing is an affordable housing developer under contract to purchase 148 River Ford Parkway from Stormfield Capital. Friendship originally submitted a proposal to the City to create 100 units of supportive housing, including 50 units for veterans with services provided by the VA Medical Center and 50 units for people exiting chronic homelessness with services provided by Homeward Bound, contingent on $1.5M in City funding for Homeward Bound’s services. The City has committed to coordinating homelessness response with and through the Asheville-Buncombe Continuum of Care (CoC) and asked the CoC to vet the proposal and make a recommendation. After extensive vetting and discussion, the CoC Board voted 7 - 6 to recommend the initial project proposal. Based on feedback from the CoC, HCD, and community, Friendship reconfigured the project and revised their request. Proposed development would create: 50 supportive housing units for veterans; 50 affordable housing units for people at/below 50% AMI; and 13 affordable housing units (not population-specific).  The following chart is the proposed housing development:  Partner Role Funding Structure  FFAH Developer and owner Private capital (~$18M)  Asheville Housing Authority Provide 100* project-based vouchers: - 50 Veteran - 50 affordable at/below 50% AMI  Federal HUD funding  Over-Brook Management Property management and security Contract with FFAH  Charles George VA Medical Center  Onsite supportive services for 50 Veterans Federal VA funding 13 additional units are affordable but without project-based vouchers for 113 total units onsite.  She said that additional details include (1) Friendship is scheduled to close on the property October 1, 2024; (2) Closing is contingent on: (a) City Council action to modify the deed restriction from 100 units of permanent supportive housing to 50 units of permanent supportive housing and 50 units of affordable housing; and (b) Project-Based Vouchers from the Housing Authority; and (3) Project change means no City funding is necessary to create units, so $1.5M in City funds available to be redirected elsewhere (a) $500K is ARPA funding previously authorized for this project and per Treasury guidance must be used for homeless services; and (b) $1M is City capital funding and can be reprogrammed at any time.  Regarding the CoC recommendation about the deed restriction, at their September 12, 2024 meeting, the CoC Board heard a presentation about the proposed reconfiguration and unanimously approved a recommendations to City Council to modify the deed restriction from 100 units of permanent supportive housing to 50 units of permanent supportive housing and 50 units of affordable housing. Discussion emphasized the need for CoC to plan for additional permanent supportive housing development.  Regarding the CoC recommendation about the ARPA funds, (1) Per Treasury guidance, City Council needs to reallocate ARPA funds into activities by October 11, 2024, with specific projects awarded afterwards; (2) CoC Board unanimously recommended that City Council consider allocating the $500K in ARPA funding originally requested for 148 River Ford Parkway as follows: (a) $278K: Code Purple - Based on cost estimate from ABCCM for coming winter to fill the gap between City/County budgeted funds of $100K and full cost of operation; and (b) $222K: Emergency Shelter and Supportive Services; and (3) If approved by City Council on September 24, 2024, process would be: (a) Staff initiate funding opportunity available to the CoC Membership; (b) CoC Funding Committee reviews requests received and develops recommendations for CoC Board; (c) CoC Board approves final recommendation to City Council; and (d) City Council makes final decisions this fall/winter.  Ms. Ball said that regarding the HCD recommendations, at their September 17, 2024 meeting, City Council’s Housing and Community Development Committee: (1) Approved in a 2-0 vote (only two members of the Committee were present) a recommendation to allocated $500K in ARPA funding to Code Purple and Emergency Shelter and Supportive Services and to receive recommendations from the Continuum of Care prior to awarding specific projects; and (2) With only two members present, a motion was made but failed due to lack of a second to modify the deed restriction as requested.  Staff recommended the following motions: (1) Motion to authorize the City Manager to modify the deed restriction at the former Ramada at 148 River Ford Parkway to 50 units of  permanent supportive housing and 50 units of affordable housing for persons making 50% or less of Area Median Income; and (2) Motion to authorize the allocation of $500,000 in ARPA funding for homelessness services to Code Purple in the amount of $278,000 and to Emergency Shelter and Supportive Services in the amount of $222,000 and receive recommendations from the Asheville-Buncombe Continuum of Care prior to awarding specific projects.  Ayahlushim Getachew, Principal with FFAH, Jerry Kivett-Kimbr, licensed clinical social worker at the VA Hospital, and Ms. Ball responded to various questions/comments from Council, some being, but are not limited to: confirmation that vouchers would be available via a site-based wait list and individuals would be screened by the FFAH, which typically is done chronologically; what are the requirements for a voucher; information on the financial aspect of this project; FFAH has six projects fully running at this point and they have approximately 75 projects they developed and they understand how to balance security cost and they are analyzed on a monthly basis; possibility of a low tax income credit project on the adjoining parcel; hope that in the future there will be more veteran beds; what will be the VA staffing at the project; and confirmation that FFAH has operated other projects with supportive and non-supportive services.  Councilwoman Roney asked if there has been any new information since the Finance Committee that improved the outcome and made it more financially stable. She said that this should be easy to say yes, especially with the VA at the table. Given the information available to Council in public and private, check-in meetings, isn’t as clear as it seems. She was really wrestling with this one, and wanted to hear public comment.  Mayor Manheimer provided Council with a brief update of the CoC meeting as it related to this topic. She was disappointed that there are only 50 units of permanent supportive housing, but we have a challenge. We have a group not asking the City for any money to transform a site to have 50 units for our veterans with permanent supportive housing. There are people all over the community that are using vouchers and they are good neighbors.","c":"Housing","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1dQ_T_3GikGVUHd59aa6VYX_nKmHJlaVS/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2024-10-22","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held September 19, 2024, and the formal meeting held September 24, 2024","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-10-22","mt":"regular","id":"II-B","ref":"RES 24-218","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with WNC Landscaping LLC for the Litter & Cleanliness Program","desc":"Background: - The Sanitation Division of Public Works manages two contracts as part of the City’s Litter  & Cleanliness Program. - Cleanliness issues such as debris and litter caused by flooding related to Tropical Storm  Helene are being addressed through different contracts and are not being addressed by the existing Litter & Cleanliness Program. - The Sanitation Division of Public Works continues to receive requests to address non-storm related cleanliness issues, particularly for heavily littered hot-spot areas, and expect that to continue throughout the coming year. - As City roads are cleared of storm-related debris in the coming months, our City contractor will resume regular roadside litter collection of non-storm related litter that accumulates. - In 2023, City Council adopted resolutions authorizing the City Manager to enter into 2 contracts for the Litter and Cleanliness Program for a total combined project amount not to exceed $500,000. - The Litter and Cleanliness Program contracts are existing contracts with WNC Landscaping for roadside and hotspot litter collection; and Steri-Clean of NC for biohazardous waste collection. - The original $500,000 for the program was provided via ARPA grant funding. - The $500,000 will be expended before the end of FY25. - The Sanitation Division received $118,640 rolled from FY24 general fund Sanitation  accounts in order to continue the Litter & Cleanliness services throughout FY25. - $118,640 will be added to the Roadside Litter & Hot Spot Collection contract, bringing the  contract total to $463,640, and the overall project total to $618,640. - The biohazardous waste collection contract has approximately 40% of its original funding  remaining and does not need additional funding at this time. - As with the original project resolution, the new resolution will authorize the City Manager  to execute any amendments and change orders to adjust the total amount of each individual contract, as well as change orders for individual contract renewals, within the new total project not-to-exceed amount of $618,640. - The Public Works Sanitation Division will work with Finance and City Management to consider and develop proposals for litter & cleanliness service continuation in FY26 and beyond.  Vendor Outreach Efforts: - Original funding for this project was provided through a federal grant (ARPA), and  followed federal outreach guidelines for the contracting process.  Committee(s): - N/A  Pro(s): - Allows for continuation of litter collection and hot spot cleaning services throughout the  City of Asheville  Con(s): - Requires utilizing general fund dollars to supplement the original ARPA-funded program  Fiscal Impact: - $118,640 from PW Sanitation budget, which were rolled from Sanitation’s FY24 general  fund budget and earmarked to support the Litter & Cleanliness Program","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-10-22","mt":"regular","id":"II-C","ref":"RES 24-219 / RES 24-220","it":"resolution","t":"Resolutions authorizing on-call contracts for Ford service and repairs with Parks Ford LLC and Wilson Ford Inc.","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-10-22","mt":"regular","id":"II-D","ref":"RES 24-221","it":"resolution","t":"Resolution authorizing a contract with Bolton Construction and Service of WNC for replacement of the chilled water pump at Harrah's Cherokee Center - Asheville","desc":"Background: - The HCCA chilled water pump is around 50 years old and original to the building. The  pump has required frequent repairs in recent years. - Replacement of the chilled water pump is included in the HVAC upgrades project which is  partially funded from a grant from the Buncombe County Tourism Development Authority’s (BCTDA) Legacy Investment from Tourism grant program. - This chilled water pump is a ‘single point of failure’ concern as when the pump goes down, air conditioning throughout the building is not possible. Parts for repair of this piece of equipment are very hard to find, and tend to be custom replacements - Replacement will allow for more energy efficient operation of the chiller and HVAC system as a whole. .  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses though solicitation  processes using the State’s Interactive Purchasing System. - Five companies participated in site visits to review the project. - Three companies submitted a bid for the project with Bolton being the lowest responsible bidder in the amount of $105, 405.00. - Three companies submitted a bid for the project with Bolton being the lowest responsible bidder in the amount of $105,405.00. - MB Haynes: Asheville, NC, $ 105,395.00, Non responsive due to incomplete ABI Documentation - Bolton Construction and Service of WNC: Asheville, NC: $105,405.00 - MSS Solutions: Charlotte, NC: $105,655.00 - No responding/bidding companies were MWBE companies  Committee(s): - None  Pro(s): - Greater efficiencies within the HVAC system operations  Con(s): - None.  Fiscal Impact: - Funding for this work is available in the HCCA Capital Projects Fund. - 50% of the funding is through a BCTDA grant.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-10-22","mt":"regular","id":"II-E","ref":"RES 24-222 / ORD 5104","it":"resolution","t":"Resolution authorizing an amendment to the interlocal agreement with Buncombe County for ARPA emergency funding, and budget amendment to accept Buncombe County funds","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-10-22","mt":"regular","id":"II-F","ref":"ORD 5105","it":"ordinance","t":"Budget amendment in the City's Special Revenue Fund and Water Capital Improvement Fund, funded with FEMA reimbursements","desc":"Background: - At the end of September 2024, the City of Asheville experienced large-scale devastation  and destruction as a result of Tropical Storm Helene that has affected residents, businesses and city-owned property and infrastructure. - The City has and will continue to incur expenses related to Tropical Storm Helene Disaster Recovery and Response. - On September 28th, the Federal Emergency Management Agency (FEMA) issued a major disaster declaration for the State of North Carolina. - Through its Public Assistance Program (PA), FEMA provides Federal grant assistance for debris removal, emergency protective measures, and the restoration of disaster-damaged, publicly owned facilities. - Although FEMA typically covers 75% of the eligible costs, the federal government has increased the cost share in North Carolina for the Helene disaster to 100% for the first 180 days of the incident period. - To date the City has utilized existing budget allocations to fund contracts, purchase orders, and expenses related to Tropical Storm Helene. - In order to meet State Statute requirements related to pre-audits and budget authorizations, the UNC School of Government recommends that a City Council adopt a budget amendment for disaster expenses as quickly as possible after expenses start being incurred. - This first budget amendment will cover initial contracts, purchase orders, and expenses. - Additional budget amendments will be brought forward to City Council in upcoming  meetings.  Pro(s): - Allows the City to budget for initial expenses related to Tropical Storm Helene response  and recovery and be in compliance with NC General Statutes related to pre-audits.  Con(s): - None.  Fiscal Impact: - This will be the first budget amendment to provide budget authorization for Helene  expenses; additional budget amendments will be required at future Council meetings. The revenue source for the budget amendments will be Federal Emergency Management Agency (FEMA) reimbursements. The budget amendment in the Special Revenue Fund is for General Fund expenses.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-10-22","mt":"regular","id":"II-G","ref":"RES 24-223","it":"resolution","t":"Resolution authorizing a contract with VODA.ai for the lead service line inventory","desc":"MANAGER TO ENTER INTO A CONTRACT WITH VODA.ai FOR THE LEAD SERVICE LINE INVENTORY  Background: - Water Resources is required to build an inventory per US EPA & NC Department of  Environment Quality (NCDEQ) regulations. - The US EPA and NCDEQ have approved using predictive modeling to help determine  service line material. - Predictive Modeling uses machine learning and artificial intelligence to review water utilities records and public information to determine locations that have a high potential to have lead pipe or galvanized iron pipe requiring replacement or help water utilities prove that they have no lead service lines. - Predictive Modeling also provides a more precise method to save time and money to develop an accurate inventory. - Asheville Water Resources Department requests to contract with VODA.ai to use predictive modeling to help reduce the cost of meeting the service line inventory requirements. - The VODA.ai Contract will not exceed $170,000 for three years.  Vendor Outreach Efforts: - The City of Asheville is a member of the Sourcewell CO OP. - The Sourcewell CO OP solicits through a wide range of options via print and online. - The Sourcewell CO OP provides local governments discount rates for all types of  services. - The vendor was selected through the Sourcewell CO OP to ensure the lowest price  possible for the City Water Resources Department.  Committee(s): - NA  Pro(s): - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system, in order to provide safe and reliable service. - Predictive Modeling will provide a more methodical approach to the service line inventory project, greatly reduce the amount of invasive & costly methods of inspection and allow Water Resources to build an accurate inventory.  Con(s): - There are no cons with entering into this contract.  Fiscal Impact: - Funding for this contract was budgeted and is available in the Water Resources Capital  Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-10-22","mt":"regular","id":"II-H","ref":"RES 24-224","it":"resolution","t":"Resolution authorizing a contract with Appalachian Site Works Inc. for construction of the new Haw Creek Sidewalk Project","desc":"Background: - The New Haw Creek Sidewalk Project is partially funded by the 2016 Transportation  Bond. - The City of Asheville entered into a design contract with Mattern & Craig, Inc. in  November 2017 for the engineering and design for sidewalks along New Haw Creek Rd. - Final permitting, easement acquisition, utility coordination and North Carolina Department  of Transportation approval have been completed. - This project will install approximately 1 mile of 6’ wide sidewalk along New Haw Creek  Road from Beverly Road to Bell Road, where no safe pedestrian facilities currently exist. - The scope of work also includes over 2,600 linear feet of stormwater pipe, 10,000 square  feet of retaining wall, water line relocation, and complete roadway repaving. - Due to the lane closure restrictions, and the complications of constructing on an active  roadway, construction is expected to take one year, beginning in fall 2024 and completed by the fall of 2025.  Vendor Outreach Efforts: - Due to the federal funding involved in this project, the Federal Disadvantaged Business  Enterprises program is being applied. The federally established goal for this project is 7% participation. - Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The low bidder also made a good faith effort and performed outreach through advertisement and direct outreach, but resulted in no DBE participation. - On August 12, 2024 construction bids were advertised and only received two bids. - The project was readvertised on September 19, 2024 and received three bids. - The three bids received were from:  Waynesville, NC based Appalachian Sitework Inc. for $2,940,901; Cliffside, NC based Site Development Corp. for $3,284,727.50; and Asheville, NC based NHC Constructors, Inc. for $4,618,817 - Appalachian Sitework, Inc. was the lowest, responsive, responsible bidder.  Committee(s): - none  Pro(s): - Connection throughout the area, including a school zone, with safe pedestrian facilities.  Con(s): - Construction impacts to traffic while under construction.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-10-22","mt":"regular","id":"II-I","ref":"RES 24-228","it":"resolution","t":"Resolution authorizing a lease agreement with Enka Samet, LLC for a temporary debris processing site at 264 and 274 Enka Heritage Parkway","desc":"Background: - Debris management is a critical component of disaster recovery. Tropical Storm Helene  generated large volumes of debris including fallen trees, construction and demolition debris, and damaged appliances. - An initial assessment suggests there are 3 million cubic yards of storm debris within the City limits. That represents roughly 140 football fields stacked 10 feet high. - Removing these materials quickly minimizes health hazards and disruptions to the community’s recovery efforts. - Because community safety will remain our top priority, a contractor experienced in natural disaster debris removal has been secured. - In order to dispose of storm debris quickly and safely, it is critical to establish safe sites where the debris can be temporarily taken and managed before it is disposed of at a permanent site. - Enka Samet, LLC has offered to lease approximately 24 +/- acres of property located at 264 and 274 Enka Heritage Parkway for a mixed debris processing site at a monthly lease rate of $3,500 per acre, which equates to $84,000 per month for a 6-month period for 24 acres +/-, with the option to extend on a month-by-month basis as needed. - This price point is consistent with area fair market value and the City has confirmed that the expense is eligible for FEMA reimbursement. - The site is suitable for this purpose, and will meet all permitting requirements per North Carolina Department of Environmental Quality prior to activation. - Surrounding residents and businesses will be contacted with door-to-door outreach about all new temporary debris sites prior to them becoming operational.  Committee(s): - None  Pro(s): - Provides much-needed land area for debris processing in response to Tropical Storm  Helene.  Con(s): - None  Fiscal Impact: - The monthly cost of the lease is $3,500 per acre, totaling $84,000 per month for 24  acres. For the proposed lease term, the total cost is approximately $504,000 for 6 months. Expenses associated with debris removal and processing are FEMA reimbursable.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-10-22","mt":"regular","id":"VI-A-1","ref":"RES 24-225","it":"resolution","t":"Resolution authorizing the allocation of $1 million in Affordable Housing CIP funds to support Helene Recovery","desc":"Action Summary: Consideration of adoption of a resolution authorizing the allocation of $1 million in Affordable Housing Capital Improvement Plan funds to support Helene Recovery in the form of Home Repair assistance, Rental Assistance, and the respective associated administrative expenses.  Background: - On September 24, 2024, the City authorized a new project configuration for affordable  housing at 148 River Ford Parkway (the former Ramada site). As a result, $1 million in City capital funding is no longer needed for this project. - Tropical Storm Helene caused major damage to residences and businesses. Until federal resources have been allocated to assist in the long-term recovery, the City seeks to use available funding to support immediate recovery efforts. - The source of these funds is Affordable Housing Capital Improvement Plan (CIP) dollars that came from the City’s General Fund, which has the most flexibility compared to bond funding or federal funding. - The proposed uses include Home Repair, Rental Assistance, and the respective associated administrative costs for these activities. - The City will identify experienced non-profit partner organizations to manage the distribution of these funds to the community.  Committee(s): - The Housing and Community Development Committee (HCD) did not meet in October  2024.  Pro(s) - Existing Affordable Housing CIP funds will be made available to support Home Repair in  areas that have been impacted by Tropical Storm Helene. - Existing Affordable Housing CIP funds will be made available to support rental assistance  to city residents who have been impacted by Tropical Storm Helene and need additional funds to pay their rent. Residents will be at or below 60% AMI.  Con(s) - These are one time funds. - Given the magnitude of damage incurred by Helene, $1 million represents a small portion  of resources needed to help the community recover.  Fiscal Impact: - Allocate $1 million in available Affordable Housing CIP funding to home repair, rental  assistance, and the associated administrative costs to support Helene Recovery, and prevent vulnerable residents from becoming homeless or having to leave the community permanently.","c":"Housing","mo":"individual","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2024-10-22","mt":"regular","id":"VI-A-2","ref":"RES 24-226","it":"resolution","t":"Resolution authorizing an amendment to the 2018-19 and 2019-20 Annual Action Plans to allocate CDBG funds for Helene Recovery","desc":"","c":"Housing","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2024-10-22","mt":"regular","id":"VI-A-3","ref":"ORD 5106","it":"ordinance","t":"Budget ordinance amendment in the CDBG Fund in the amount of $929,070","desc":"Action Summary: Consideration of adoption of a resolution authorizing an amendment to the 2018-2019 Annual Action Plan and the 2019-2020 Annual Action Plan to allocate uncommitted Community Development Block Grant (CDBG) funds to support Helene Recovery in the form of Business Restabilization grants; submit to the U.S. Department of Housing and Urban Development (HUD) and if approved by HUD, authorizing the City Manager to approve the Program Structure and Allocations to Partner Organizations and to execute all documents necessary to this effect; and approving a budget ordinance amendment in the CDBG Fund in the amount of $929,070.  Background: - The City of Asheville is an entitlement community and receives formulaic funding through  the Community Development Block Grant (CDBG) program from the U.S. Department of Housing and Urban Development (HUD). - City staff have analyzed account balances for the past 7 fiscal years and determined that $929,070 of our existing, uncommitted funding can be made available for immediate use to support Helene Recovery Efforts. - Since May 2024, Community Development staff have been analyzing CDBG budgets and spend-down patterns to address timely expenditure of CDBG funds. - This analysis concluded that, year-over-year, the amount of program income forecasted during annual action plan development is much less than the actual receipts incurred during the plan year, resulting in unspent balances of CDBG funds. - In 2020, the City received over $1.6 million in CDBG proceeds due to the sale of property at 172 S. Charlotte Street. The City purchased real estate with a sizable portion of these funds, yet additional funding came to the City in the form of CDBG-CV (COVID relief funding) that took priority for expenditure, resulting in unspent balances of CDBG funds. - Staff has now reconciled the CDBG account and identified funding available to allocate. - The proposed use of these funds is Business Restabilization Grants, a HUD Eligible “Special Economic Development Activity” that meets the HUD National Objective of “Urgent Need.” These grants will provide assistance to commercial or industrial businesses to replace lost physical capital such as buildings, structures, furniture, fixtures, and equipment. - The City will identify non-profit partner organizations to manage the distribution of these funds to the community. - In order to distribute these funds into the community, City Council is being asked to authorize amendments to the 2018-2019 Annual Action Plan and the 2019-2020 Annual Action Plan to provide a concise summary of the actions, activities, and resources. - The amendments to Annual Action Plans will also identify HUD National Objectives that will be met through these activities, including meeting an urgent need.  Committee(s): - The Housing and Community Development Committee (HCD) did not meet in October  2024.  Pro(s) - Existing CDBG grant funds will be made available to support Business Stabilization in  areas that have been impacted by Tropical Storm Helene.  Con(s) - These are one time funds from prior year CIP allocations and program income. - Given the magnitude of damage incurred by Helene, $929,070 represents a small portion  of resources needed to help the community recover.  Fiscal Impact: - $929,070 in existing CDBG entitlement funds will be allocated to support Helene  Recovery.","c":"Housing","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2024-10-22","mt":"regular","id":"VI-A-4","ref":"RES 24-227","it":"resolution","t":"Resolution to rescind the Housing Trust Fund and Affordable Housing Bond funds awarded to the Housing Authority for the Reimagining Deaverview project and reallocate","desc":"Action Summary: Consideration of adoption of a resolution to rescind the $1,035,000 Housing Trust Fund allocation and the $1,465,000 Affordable Housing Bond grant awarded to the Housing Authority of the City of Asheville for a tax credit project at Deaverview that is no longer being developed; and reallocate the $1,035,000 to the Housing Trust Fund balance and $1,465,000 in Bond funds to Hurricane Helene related Home Repair Grants to low and moderate-income households; and authorize City Manager to approve the allocation of Bond funds for Home Repair Grants to partner organizations and to execute any and all documents necessary to give effect.  Background: - The Reimagining Deaverview project was envisioned by the Housing Authority of the City  of Asheville as an infill multifamily development. The project, which included 82 apartments, was approved for a Low-Income Housing Tax Credit (LIHTC). - On May 10, 2022, the City Council awarded a $1,465,000 grant from the Affordable Housing Bond funds to support the project (Resolution 22-93). - On April 25, 2023, City Council approved an additional $1,035,000 from the Housing Trust Fund to fill an additional funding gap for a total of $2,500,000 (Resolution 23-92). - Due to further funding gaps, the Housing Authority has returned the housing tax credits previously approved for the project, and the development will not be built as planned. - City staff have been in communication with Housing Authority leadership regarding potential plans to pursue a comprehensive approach to redeveloping City and Housing Authority properties in the Deaverview area. These discussions remain preliminary in nature. - Staff recommends using the $1,465,000 in previously approved Reimagining Deaverview funding that came directly from the Affordable Housing Bond to fund Home Repair Assistance, prioritizing Hurricane Helene-related damage to homes. These funds will follow statutory requirements for affordable housing bonds. - The City will identify non-profit partner organizations to manage the distribution of these funds to the community. - The $1,035,000 returned to the Housing Trust Fund will be available for all eligible uses under the Housing Trust Fund Policy (construction, down payment assistance, rehabilitation, etc.) - Applications for the next round of Housing Trust Fund loans will open in December 2024 with awards being made in spring 2025.  Committee(s): - The Housing and Community Development Committee did not meet in October 2024.  Pro(s): - Bond funds will be immediately redeployed for home repair for low- to moderate-income  homeowners. The remaining funds will revert back to the Housing Trust Fund balance for future use.  Con(s): - These are one time funds. - Given the magnitude of damage incurred by Helene, the funds previously set aside for  the Reimagining Deaveview Project represent a small portion of resources needed to help the community recover.  Fiscal Impact: - No payments have been made to the Housing Authority of the City of Asheville. - The $1,465,000 in Affordable Housing Bond funding will be available for grants for capital  expenses related to home/housing repair. - The Housing Trust Fund balance will increase by $1,035,000 for future reallocation.  Councilwoman Roney said that in the absence of a community roundtable where we would have seated people with lived experience in addition to our non-profit partners, she knew this Council vote was the last opportunity for accountability and that as an organization we care about equity. But as this is the last time last touch on it, she understood that some partners had already been identified and so she was unclear as to why we hadn't named them. Ms. Reid responded that she had hoped to establish the funding programs and then work with the partners because we had to get to this point to basically state that we are going to use these funds for these purposes. We have been in conversation with certain non-profits because she wanted to be able to deliver.  Councilwoman Roney felt that if we had a roundtable then hopefully we could put down some of our personal problems and have human problems together. If it just goes to organizations that may have contentious conversations, it’s another harm potentially happening. So, her hope is that we can create more layers of accountability and transparency. She is going to support this today because we have to get this money into the community and it’s urgent, but there is also urgency in some of the harm caused by our organization.  Three individuals spoke about not using 65 Ford Street as a temporary storm debris management site and not to use grinding the debris in residential areas because it will adversely affect the health and safety of the people in the neighborhood; and encouraged Council to think of some non-monetary options.  Mayor Manheimer said that members of Council have been previously furnished with copies of the resolutions and ordinance and they would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1SOoWEnIJ9XZx_qi34mmu2-_kBKelk739/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2024-11-12","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the formal meeting held on October 22, 2024","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-11-12","mt":"regular","id":"II-AA","ref":"RES 24-255","it":"resolution","t":"Resolution amending the 2024 City Council meeting schedule to add the organizational meeting on December 2, 2024","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax  collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for September 2024 were provided.    Pro(s):  - Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.  Con(s): - None  Fiscal Impact:  - None.  Suggested Motion: - Motion to adopt City of Asheville property tax refunds and releases for the month of  September 2024.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":26},{"d":"2024-11-12","mt":"regular","id":"II-B","ref":"RES 24-229","it":"resolution","t":"Resolution ratifying an emergency contract with T&K Utilities Inc. in the aftermath of Tropical Storm Helene","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency was declared covering the City of Asheville on September 25th in relation to Tropical Storm Helene. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, City of Asheville staff obtained emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged T&K Utilities, Inc to provide emergency repair and replacement services for critical waterline damage within the City of Asheville Water System as impacted by Tropical Storm Helene.  Vendor Outreach Efforts: - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is $2,000,000, and it is expected that 100% of this expense  will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-11-12","mt":"regular","id":"II-C","ref":"RES 24-230","it":"resolution","t":"Resolution ratifying an emergency contract with T.P. Howard's Plumbing Co. Inc.","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency was declared covering the City of Asheville on September 25th in relation to Tropical Storm Helene. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, City of Asheville staff obtained emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged T.P. Howard's Plumbing Co., Inc to provide emergency repair and replacement services for critical waterline damage within the City of Asheville Water System.  Vendor Outreach Efforts: - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is $2,000,000, and it is expected that 100% of this expense  will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-11-12","mt":"regular","id":"II-D","ref":"RES 24-231","it":"resolution","t":"Resolution ratifying an emergency contract with Tennoca Construction Co.","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency was declared covering the City of Asheville on September 25th in relation to Tropical Storm Helene. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, City of Asheville staff obtained emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged Tennoca Construction Co. to provide water line stabilization, clearing and debris removal, earth moving and grading, and road bed reconstruction, all of which helped to enable the emergency repair and replacement of critical waterlines in the City of Asheville water system.  Vendor Outreach Efforts: - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is not to exceed $10,000,000, and it is expected that 100%  of this expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-11-12","mt":"regular","id":"II-E","ref":"RES 24-232","it":"resolution","t":"Resolution ratifying an emergency contract with SAFE Industries for standby technicians to supplement fleet staff","desc":"Background: - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency has been in place in Asheville since September 25th in relation to these damaging storms. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged SAFE Industries to provide standby technicians to supplement Fleet Management staff to limit downtime of Front Line Emergency Response Equipment and Vehicles due to repairs or maintenance. - This contract was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Vendor Outreach Efforts: - The usual formal bidding process was not feasible and is exempted by NCGS 143-129  (e)(2) during this emergency.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is $120,000.00, and it is expected that 100% of this  expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-11-12","mt":"regular","id":"II-F","ref":"RES 24-233","it":"resolution","t":"Resolution ratifying an emergency contract with Curbside Management, Inc. for municipal solid waste collection services","desc":"Background: - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. - A state of emergency has been in place in Asheville since September 25th in relation to  these damaging storms. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - The City Sanitation Division was unable to collect municipal solid waste (MSW) during  the first week after TS Helene due to significant debris in the roadways. - Additionally, the Buncombe County Transfer Station was flooded and unable to receive  MSW. - MSW collection became a high priority after the first week due to loss of electricity  throughout the City, leading to large amounts of spoiled food in residential homes. - With the Transfer Station still closed, trucks were diverted to the Buncombe County  Landfill, which is significantly further away, increasing drive times for waste collection vehicles. - In order to ensure all residential MSW could be collected during the second week after TS Helene, the City engaged Curbside Management to assist City trucks in collecting and hauling MSW. - In responding to this crisis, the City of Asheville entered into emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged Curbside Management, Inc, to provide MSW collection services. - This contract was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is Not-to-Exceed $150,000, and it is expected that 100% of  this expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-11-12","mt":"regular","id":"II-G","ref":"RES 24-234","it":"resolution","t":"Resolution ratifying an emergency contract with Waste Management of Carolinas Inc. for municipal solid waste disposal","desc":"Background: - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency has been in place in Asheville since September 25th in relation to these damaging storms. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - City waste collection trucks normally dispose of waste at the Buncombe County Transfer Station off of Shelburne Rd. - The Buncombe County Transfer Station was flooded during TS Helene and unable to receive municipal solid waste (MSW). - With the Transfer Station still closed, trucks were diverted to the Buncombe County Landfill, which is significantly further away, increasing drive times for waste collection vehicles. - In order to ensure that waste collection drivers could collect and dispose of all MSW on a regular schedule, the Sanitation Division arranged for up to 60 tons/day to be disposed of at the more central Waste Management Transfer Station on Pond Road. - Splitting waste disposal between the Waste Management Transfer Station and Buncombe County Landfill allowed the Sanitation Division to keep City waste collection services on schedule. - In responding to this crisis, the City of Asheville entered into emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged Waste Management of Carolinas, Inc, to provide municipal solid waste disposal services. - This contract was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is Not-to-Exceed $300,000, and it is expected that 100% of  this expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-11-12","mt":"regular","id":"II-H","ref":"RES 24-235","it":"resolution","t":"Resolution ratifying an emergency contract with DebrisTech LLC for debris collection monitoring services","desc":"Background: - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency has been in place in Asheville since September 25th in relation to these damaging storms. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged DebrisTech, LLC, to provide debris monitoring services. - A Notice to Proceed was issued to the contractor on September 28th, the day after TS Helene, for an amount of not to exceed (NTE) $500,000 and then a formal contract was executed for the same amount, prior to a debris assessment being performed and knowing that it would need to be amended. - The City terminated this contract on October 29, 2024, in order for the US Army Corp of Engineers to provide debris management services. - While final invoices have not been received, the final actual costs are not expected to exceed $250,000. - This contract was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this executed contract is not-to-exceed $500,000. Actual costs are now  expected not-to-exceed $250,000, and it is expected that 100% of this expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-11-12","mt":"regular","id":"II-I","ref":"RES 24-236","it":"resolution","t":"Resolution ratifying an emergency contract with Southern Disaster Recovery LLC for debris collection services","desc":"Background: - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency has been in place in Asheville since September 25th in relation to these damaging storms. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract, the City engaged Southern Disaster Recovery, LLC, to provide debris hauling and removal services. - This contract is for providing debris hauling and removal services as a result of TS Helene. - A Notice to Proceed was issued to the contractor on September 28th, the day after TS Helene, for an amount of not-to-exceed (NTE) $500,000 and then a formal contract was executed for the same amount, prior to a debris assessment being performed and knowing that it would need to be amended. - The City initially intended to amend the contract to Not-to-Exceed $11,000,000 after receiving the initial debris assessment. However, the City terminated this contract on October 29, 2024, in order for the US Army Corp of Engineers to provide debris management services. - The City has not received final invoices from the contractor as of 11/7/24, but the final cost is not expected to exceed $1,000,000. - This contract was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this executed contract is Not-to-Exceed $500,000. An amendment will  be processed, and final invoices are not expected to exceed $1,000,000, and it is expected that 100% of this expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-11-12","mt":"regular","id":"II-J","ref":"RES 24-237","it":"resolution","t":"Resolution ratifying an emergency contract and amendment with Confer and Associates LLC","desc":"Background: - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency has been in place in Asheville since September 25th in relation to these damaging storms. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. - Under one such contract executed on October 8, 2024, the City engaged Confer and Associates, LLC, to provide prepared meal services to local first responders and partner agencies with an original contract amount not to exceed $300,000. - On October 30, 2024 it was determined that the original contract needed to be amended to increase the contract amount by $250,000 due the number and continuing need for meal services, for an amended contract amount not to exceed $550,000. - The current contract and amendment value of $550,000 will cover meal service through the completion of this service, which is currently set to finish on November 10, 2024. - This contract was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract and amendment is $550,000, and it is expected that 100%  of this expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-11-12","mt":"regular","id":"II-K","ref":"RES 24-238","it":"resolution","t":"Resolution ratifying a contract with Biltmore Farm Hotel Group for lodging for first responders and emergency resources","desc":"Background: - The City of Asheville had a need to reserve lodging for employees and out-of-area  resources who were essential to TS Helene emergency response efforts. - The City outreached and engaged with multiple vendors throughout the area to provide these services. - The number of rooms the City reserved at each location was dependent upon power, water, and internet capabilities; available staffing; and the number of available rooms at each property. - Biltmore Farms Hotel Group (Hampton Inn & Suites) was made available to Asheville City Police and out-of-area law enforcement personnel critical to search, rescue and recovery efforts.  Vendor Outreach Efforts: - Staff performed outreach to a variety of businesses through phone and email solicitation  the weekend of 9/27/24 to 9/29/24. - The City was able to connect with and ultimately reserve lodging–to varying degrees–at  all of the properties that answered the calls and emails.  Committee(s): - N/A  Pro(s): - Fulfilled required needs and provided lodging to essential first responders.  Con(s): - None  Fiscal Impact: - $300,000 - this is expected to be eligible for FEMA reimbursement.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-11-12","mt":"regular","id":"II-L","ref":"RES 24-239","it":"resolution","t":"Resolution ratifying an emergency contract with Hagerty Consulting Inc. for recovery management services","desc":"Background: - Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency has been in place in Asheville since September 25th in relation to these damaging storms. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into several contracts to address the needs of the community when those needs exceeded the capacity of City staff. - In several cases, the services rendered by these contracts were necessary to commence prior to the first available City Council meeting. - Under one such contract, the City engaged Hagerty Consulting, Inc., for recovery management services. - This contract was competitively procured via a Request for Proposals (RFP) process, but now requires ratification by the Council. - The scope of work is intended to be flexible and scalable, allowing the City of Asheville to activate services as needed based on the specific requirements of disaster response and recovery related strategies. - The scope of work includes capacity and support to the City in working with specific federal agencies to maximize access to direct financial reimbursement, grant support, and technical assistance. - The federal agencies referenced in the scope of work are: the Federal Emergency Management Agency (FEMA) (Public Assistance, Individual Assistance, Hazard Mitigation), U.S. Department of Housing and Urban Development (HUD), and the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) disaster recovery programs. - The contract will also assist with the development and implementation of long-term recovery.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The initial total cost of this contract is not to exceed $1,000,000, any future amendments  will be made in accordance with applicable City policies. It is expected that 90% of this expense will be reimbursed by FEMA.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-11-12","mt":"regular","id":"II-M","ref":"RES 24-240","it":"resolution","t":"Resolution ratifying a correction of loan terms for the Asheville Area Habitat for Humanity Down Payment Assistance Program","desc":"OF LOAN TERMS FOR THE ASHEVILLE AREA HABITAT FOR HUMANITY DOWN PAYMENT ASSISTANCE PROGRAM THAT WAS AWARDED $146,000 BY CITY COUNCIL ON APRIL 23, 2024  Background: - On April 23, 2024, City Council approved a $146,000 loan for home acquisition and down payment assistance for four (4) homeowners. - Staff incorrectly identified the loan terms as a 30-year loan when they should have stated that each down payment assistance (“DPA”) loan will be due when the home is sold or transferred. There is also a provision that the DPA loan may be transferred to an income-qualified homebuyer to continue the home as an affordable unit. - Because of an impending home closing, staff corrected the language in the Housing Trust Fund (HTF) agreement with Habitat and the corresponding legal agreements (Promissory Note and Deed of Trust). - A home closing for the first homebuyer occurred on November 1, 2024. A down payment assistance loan of $32,300 was provided using HTF funds at closing. - The $146,000 loan will be paid back at the sale or transfer of the four (4) Habitat homes instead of having a term of 30 years. Any funds not used for down payment assistance will be returned to the City by November 2027.  Committee(s): - None  Pro(s): - The amended loan terms allow for the intended use to go forward. The $146,000 will go  to down payment assistance for four homebuyers. The City will be repaid when those homeowners sell or transfer their home, unless another qualifying homeowner purchases the unit, or Habitat purchases the home and sells it to another low to moderate income homebuyer, and the down payment assistance loan will be transferred to the new owner, further extending the affordability of the unit.  Con(s): - None noted.  Fiscal Impact: - No new fiscal impact. The $146,000 loan will be used for down payment assistance for 4  homebuyers and will be due and payable upon the sale or transfer of the home. Any funds not used for down payment assistance will be returned to the City by November 2027.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-11-12","mt":"regular","id":"II-N","ref":"RES 24-241","it":"resolution","t":"Resolution authorizing the City Manager to temporarily suspend and defer affordable housing loan payments due to Helene impacts","desc":"authorizing the City Manager to temporarily suspend and defer affordable housing loan payments to the City on a case-by-case basis, as necessary, to address impacts from Hurricane Helene.  Background: - Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of emergency has been in place in Asheville since September 25th in relation to these damaging storms. - On September 28, 2024, President Joseph R. Biden, Jr. declared a Federal Major Disaster in Buncombe County, North Carolina, and other areas affected by Tropical Storm Helene beginning on September 25, 2024, and continuing until rescinded. - Many Asheville businesses are either closed or operating in a limited capacity due to the impacts of Hurricane Helene and the resulting loss of running water in many parts of Asheville, loss of power, and damage to property (commercial as well as residential) creating substantial economic challenges for property owners, tenants, business owners, employees, and customers. - The City’s Housing Trust Fund lends affordable housing developers funding to produce additional affordable housing units in the community. - Some of the City’s current Housing Trust Fund loan recipients have had their properties significantly impacted by Tropical Storm Helene and have requested the temporary deferral of loan payments. - The City administratively granted a one-month payment deferral in response to these requests and is now seeking ratification of this action and further approval to extend the duration of the payment relief on a case-by-case basis. - This action will suspend payment for a specific period of time. Impacted loans will be repaid in full. - Criteria for suspending or deferring loan payments was provided. This criteria and the basis for the payment deferrals is similar to action taken during the COVID-19 Pandemic.  Council Goals: - A Thriving Local Economy - Quality, Affordable Housing  Committee: - None  Pros: - Temporarily reduces operating costs for affordable housing providers impacted by  Hurricane Helene. - City Manager authority to temporarily suspend or defer loan payments provides  heightened responsiveness to community needs during this federally declared disaster/emergency.  Con: - None noted.  Fiscal Impact: - Loan payment deferrals have no impact on City operations and no long-term financial  impact, as the amounts will be repaid as part of the final payment on outstanding notes.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-11-12","mt":"regular","id":"II-O","ref":"RES 24-242","it":"resolution","t":"Resolution approving an emergency contract with RATPDev USA LLC for supplemental transit operations and maintenance services","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene, and a predecessor heavy rain event. On September 25th, a state of emergency was declared covering the City of Asheville. - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville has acquired supplemental services from outside parties to address the needs of the community when those needs exceeded the capacity of City staff. - In one such instance, the City engaged RATPDev USA, LLC, the City’s existing Asheville Rides Transit (ART) transit operations and maintenance contractor, to provide immediate and ongoing services related to emergency response and recovery. - Services provided in the immediate aftermath included transport of evacuated persons and transport to shelters, delivery of distributed goods such as water, and the provision of modified transit services. Modified transit services include the operation of revised transit routes, utilization of alternative schedules, and utilization and maintenance of additional vehicles obtained specifically for recovery and response services. - These transit services began on September 27, 2024, but the City and RATPDev have not yet entered into a contract for these services. - The City plans to continue to provide these additional services until the emergency/exigent circumstances requiring the additional services have ended. Specifically, the City plans to provide these additional services until: (1) potable water has been fully restored in areas served by the City of Asheville’s water system; and (2) the need for supplemental transportation services to provide access to and from emergency shelters, community care centers, and disaster recovery assistance centers has ended. The exact dates when these circumstances will end is unknown at this time. - This contract was determined to be necessary in order to address a special emergency involving the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state law. - However, it should be noted that the existing transit contract was procured through a comprehensive competitive bidding process and the contractor has been deemed a responsible and responsive vendor. - Supplemental contract rates are based on the rates in the existing transit operations and maintenance contract. - This contract was further needed to address an emergency or exigency within the meaning of 2 CFR § 200.320(c)(3). - Staff is requesting that the City Council approve a contract with RATPDev for these supplemental services, backdated to September 27, 2024, to pay for past services rendered and to continue to provide such services until the emergency/exigent circumstances requiring the additional services have ended.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The cost of this contract is expected to be approximately $217,000 per week based on  existing contract rates. - It is unknown how many weeks the supplemental contract will be in place; therefore, the  total contract amount is unknown. - The supplemental contract covers relief and recovery support, modified transit  operations, and maintenance services specific to TS Helene. It allows the City to separate these services from the existing transit operations and maintenance contract to ensure that there is no overlap and that reimbursement from FEMA and/or FTA is possible. - It is expected that 100% of this expense will be reimbursed by FEMA.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2024-11-12","mt":"regular","id":"II-P","ref":"ORD 5107","it":"ordinance","t":"Budget amendment for Helene disaster recovery and response expenses funded with FEMA reimbursements","desc":"Background: - At the end of September 2024, the City of Asheville experienced large-scale devastation and destruction as a result of Tropical Storm Helene that has affected residents, businesses and city-owned property and infrastructure. - The City has and will continue to incur expenses related to Tropical Storm Helene Disaster Recovery and Response. - On September 28th, the Federal Emergency Management Agency (FEMA) issued a major disaster declaration for the State of North Carolina. - Through its Public Assistance Program (PA), FEMA provides Federal grant assistance for debris removal, emergency protective measures, and the restoration of disaster-damaged, publicly owned facilities. - Although FEMA typically covers 75% of the eligible costs, the federal government has increased the cost share in North Carolina for the Helene disaster to 100% for the first 180 days of the incident period. - In order to meet State Statute requirements related to pre-audits and budget authorizations, the UNC School of Government recommends that a City Council adopt a budget amendment for disaster expenses as quickly as possible after expenses start being incurred. - An initial budget amendment was adopted by City Council on October 22, 2024 in the amount of $11 million in the Special Revenue Fund (General Fund expenses) and $25 million in the Water Resources Capital Fund. - The budget amendment for Council consideration on this agenda will add budgets in the Transit Services Fund, Stormwater Fund, and Water Resources Operating Fund. - Additional budget amendments will likely be brought forward to City Council in upcoming meetings as costs continue to be incurred.  Pro(s): - Allows the City to budget for expenses related to Tropical Storm Helene response and  recovery and be in compliance with NC General Statutes related to pre-audits.  Con(s): - None.  Fiscal Impact: - This is the second budget amendment to provide budget authorization for Helene  expenses; additional budget amendments will likely be required at future Council meetings. The revenue source for the budget amendments is anticipated to be Federal Emergency Management Agency (FEMA) reimbursements.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2024-11-12","mt":"regular","id":"II-Q","ref":"RES 24-243","it":"resolution","t":"Resolution authorizing a contract with AAR of North Carolina Inc. for the Municipal Building Roof Replacement Project","desc":"Background: - The Municipal Building, located at 100 Court Plaza, serves as the headquarters for the  Asheville Police Department and Asheville Fire Department. The facility also serves as the County’s Backup 911 Call Center and Fire Station 1. - During Hurricane Helene, damage to the roof in approximately 75 locations caused severe leaking throughout the building. - The existing roof can no longer be patched and repaired. - Due to the critical nature and sensitivity of the emergency services provided in the  building, a roof replacement is necessary in the immediate future. - It is anticipated that the project will be funded through grant assistance from the Federal  Emergency Management Agency (FEMA). - It will take approximately six weeks for mobilization and materials delivery. After the  contractor is mobilized, the project is anticipated to take six weeks to complete.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through direct email  communication and solicitation processes using the State’s Electronic Vendor Portal (EVP) sites - The advertisement for bid 298-CP25-B2202.ROOF was issued on October 9, 2024. Bids were received and opened at a formal bid opening on October 31, 2024. The following bids were received:  Base Bid Total Bid with Allowances AAR of North Carolina, Inc.of Kernersville, NC $ 634,464.00 $ 638,000.00 Benton Roofing, Inc.of Flat Rock, NC $ 642,314.00 $ 645,698.00 Eskola, LLCof Charlotte, NC $ 717,650.00 $ 720,918.00 WxTite, LLCof Greensboro, NC $ 747,830.00 $ 750,040.00 Owens Roofing, Inc.of Smithfield, NC $ 767,268.00 $ 769,556.00 J. Bartholomew Construction of Hendersonville, NC $ 994,730.00 $ 994,731.96 WNC Roofing, LLC of Fletcher, NC $1,083,750.00 $1,088,190.00 JT Murphy Construction, Inc. of Cary, NC $1,193,160.00 $1,199,175.00 JT Murphy Construction, Inc. of Cary, NC $1,235,067.00** none** - JT Murphy Construction submitted two bids under separate cover. One of the bids, denoted above with asterisks, was deemed non responsive, as the contractor failed to acknowledge an addendum material to the bid. - AAR of North Carolina, Inc. submitted the lowest responsive and responsible bid. - No MWBE firms submitted bids with this prime contractor.  Committee(s): - None  Pro(s): - This work will allow for the continued operation of critical emergency services located in  the Municipal Building. - This work will prolong the life of the building.  Con(s): - None  Fiscal Impact: - The project cost is included in the adopted Capital Improvement Program (CIP). It is  anticipated that federal reimbursement will be provided at least in part from Federal Emergency Management Agency (FEMA) grants.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2024-11-12","mt":"regular","id":"II-R","ref":"RES 24-244","it":"resolution","t":"Resolution authorizing an amendment to the contract with Fiserv for Harrah's Cherokee Center point of sale software licensing","desc":"Background: - Hardware and seven year software agreement was purchased in 2019 after a full RFP  process following all City procurement and MWBE policies at the time. - Software agreement has two years remaining. - The City had a need to add 6 additional portable registers, which increases the contract  amount. - The contract is a software agreement between HCCA and Fiserv. - Software Licenses are critical for the Point of Sale System to function properly. - Contract is increased due to the addition of (6) additional point of sale units and  associated software licenses to increase the total number of point of sale locations at shows. - This will reduce guest’s time in line and increase total sales.  Committee(s): - None  Pro(s): - Renewal of software licenses will allow sales/reporting of revenues to continue for the  Food and Beverage department of HCCA.  Con(s): - If software renewal is not completed sales of Food and Beverage products will no longer  be allowed causing a loss of revenue to the venue and City.  Fiscal Impact: - Funding for this purchase (estimated at $48,100) is available in the HCCA Operating  Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2024-11-12","mt":"regular","id":"II-S","ref":"RES 24-245 / RES 24-246","it":"resolution","t":"Resolutions to permit possession and consumption of malt beverages/wine at the Holiday Jamboree (Nov 23) and Grove Arcade Tree Lighting (Nov 30)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2024-11-12","mt":"regular","id":"II-T","ref":"RES 24-247","it":"resolution","t":"Resolution authorizing an amendment to the contract with Responder Support Services for individual mental health services for employees and families","desc":"Background: - The City of Asheville offers Mental Health (MH) services to public safety employees and  their families when they have fully utilized their 5 free sessions. - These services are an important benefit to a population at-risk for job related trauma. - Offering benefits such as this to first responders is critical to recruitment and retention of  high quality staff. - Previous contract approved did not have sufficient funds to cover additional demand for  services.  Vendor Outreach Efforts: - Vendor was previously vetted and selected. - This amendment is to increase existing contracted services.  Committee(s): - N/A  Pro(s): - Offer important services to first responders and their families.  Con(s): - N/A  Fiscal Impact: - $84,000 (which is expected to be sufficient funding through September of 2025). Budget  will come from the employee health fund.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2024-11-12","mt":"regular","id":"II-U","ref":"RES 24-248","it":"resolution","t":"Resolution dissolving the Homeless Initiative Advisory Committee","desc":"Committee.  Background: - On November 11, 2008 in Resolution 08-227, City Council established the Homeless  Initiative Advisory Committee (HIAC) as a joint committee of the City of Asheville and Buncombe County to address issues related to homelessness. - This Resolution was amended and replaced by Resolution No. 18-20, adopted on January 23, 2018. - In addition to its role as an advisory committee, HIAC has served as the governance board for the NC-501 Asheville-Buncombe Continuum of Care (CoC). - The CoC is a federal framework for community-level collaboration, planning, and federal resource distribution related to homelessness. - In January 2023, the National Alliance to End Homelessness recommended that the Asheville-Buncombe CoC be restructured to create a new community-based membership body and that the membership body elect its own governance board outside of the City and County structure but with City and County participation. - HIAC prioritized implementation of this recommendation and established a Governance Work Group to work with federal technical assistance to develop a new charter for the CoC, including a new governance structure. - The new CoC membership drive began in December 2023, and on February 29, 2024, the CoC membership body met for the first time to adopt the new CoC charter. - On April 25, 2024, the CoC membership met for the second time and elected a new governance board. By federal regulation, CoCs are self-governing, and the election of the new board immediately removed CoC governance from HIAC. - At their July 25, 2024 meeting, HIAC voted unanimously to recommend to the City Council that it be dissolved as an advisory committee in order to consolidate efforts related to homelessness through the restructured Continuum of Care. Three HIAC members have been elected to the new CoC Board and other HIAC members are participating on CoC committees and work groups. - The restructured Continuum of Care includes a dedicated board seat for City leadership staff, currently filled by City Manager Debra Campbell, and a non-voting liaison seat for Asheville City Council, currently filled by Mayor Manheimer. - City staff in the Homeless Strategy Division continue to fulfill the City’s responsibilities as the designated Lead Agency for the NC-501 Asheville-Buncombe Continuum of Care.  Committee(s): - Homeless Initiative Advisory Committee recommended dissolution unanimously at their  July 25, 2024 meeting  Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2024-11-12","mt":"regular","id":"II-V","ref":"RES 24-249","it":"resolution","t":"Resolution authorizing submission of the City's HUD Continuum of Care grant applications for FY2024","desc":"Background: - The U.S. Department of Housing and Urban Development (HUD) Continuum of Care  program provides federal resources to local communities for homeless and housing programs through the Continuum of Care (CoC) structure. - Communities access funding by applying together through a designated lead agency, called the Collaborative Applicant. - The NC-501 Asheville-Buncombe Continuum of Care has designated the City of Asheville as the Lead Agency/Collaborative Applicant. - The City is responsible for submitting the Consolidated Application to HUD, which consists of individual project applications submitted by local agencies and a narrative application describing the community’s collective efforts to end homelessness. - Applications include projects for Helpmate and Homeward Bound to provide rental assistance and case management to help people exit homelessness and projects for the City of Asheville to provide necessary infrastructure for the Continuum of Care as follows: - In its capacity as Lead Agency/Collaborative Applicant, the City is eligible for a non-competitive Planning grant equal to 5% of funds available. In the FY2024 Consolidated Application, that amount is $102,043. - The CoC has also designated the City of Asheville as the Homeless Management Information System (HMIS) Lead. In that capacity, the City manages a contract with the HMIS vendor on the CoC’s behalf and provides staff to administer the system. The FY2024 HMIS grant will provide funds for these costs in the amount of $63,744. - Based on guidance from the CoC’s Technical Assistance provider, the CoC Board approved the City to apply for a Coordinated Entry grant to create capacity to operate the Coordinated Entry system once redesigned in the amount of $244,904. - The CoC Board will approve the final submission to HUD in advance, and City staff will submit the CoC-Board-approved Consolidated Application, including the Planning and HMIS project applications. - Both the Planning and HMIS grants are renewals of longtime funding and will be used during a grant period of January 1, 2026 - December 31, 2026. If awarded, the new Coordinated Entry grant would also operate January 1, 2026 - December 31, 2026. All grants will be budgeted through the City’s annual budget process.  Vendor Outreach Efforts: - N/A  Committee(s): - Asheville-Buncombe Continuum of Care Board will approve final submission to HUD  Pro(s): - Renews federal resources for Continuum of Care infrastructure - Supports Council priority on Homelessness Strategies  Con(s): - None noted  Fiscal Impact: - If awarded, renewal grants will fund $102,043 in planning costs for the City to fulfill its role  as CoC Lead Agency and $63,744 to operate the Homeless Management Information System (HMIS), and the new grant will fund $244,904 to operate the Coordinated Entry system. - All grants would require a 25% match ($102,673) to be met using City general funds for staff positions in the Homeless Strategy Division allocated in the regular annual budget process. - These grants would take effect January 1, 2026 and are budgeted as part of the annual budget process.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2024-11-12","mt":"regular","id":"II-W","ref":"RES 24-250","it":"resolution","t":"Resolution authorizing a contract with Enterprises G Inc. for the Roger Farmer Sports Court Project","desc":"Project; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of $24,000.  Background: - In order to expand recreation opportunities in West Asheville, a series of improvements at Roger Farmer Park are taking place. - As the westernmost park in the Asheville Parks & Recreation system, this public space acts as both a neighborhood park and a regional destination. - The current sports court is beyond its expected life and is in disrepair. - The new multi-sport court will feature lines for basketball and futsal, as well as provide  access for other activities such as roller skating with a fenced perimeter. - The scope of work includes removing the old basketball courts and installing a new  concrete court with fencing and goals. - Due to the lead time for the sport court fencing/goal system and temperature  requirements for the acrylic court paint, this project is scheduled to start in Spring 2025 and be complete by Summer 2025.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - Bids were advertised on August 22nd, 2024. Five bids were received at the bid opening deadline of September 18th, 2024. Below are the bids received. - Enterprises G, Inc., $247,451.77, Black Mountain - J Bartholomew Construction, LLC, $284,000.00, Hendersonville - Smathers Contracting, $298,900.00, Candler - BH Graning Landscapes, Inc. $381,909.00, Sylva - French Broad Paving, Inc., $425,000.00, Marshall - Enterprises G, Inc is the lowest responsive responsible bidder on this project. They are a minority owned business. - Enterprises G, Inc., is a minority owned business and all work will be self performed by them.  Committee(s): - None  Pro(s): - The Sports Court improvements will draw additional users to the park. - This park is in need of upgrades and this project will demonstrate the City’s investment to  improve park amenities.  Con(s): - None  Fiscal Impact: - This project is funded through the current Parks and Recreation Capital Funding.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2024-11-12","mt":"regular","id":"II-X","ref":"RES 24-251","it":"resolution","t":"Resolution authorizing a contract with TranSystems Corporation for the Southside Accessibility Improvement Project CEI services","desc":"Background: - The purpose of the Southside Accessibility Improvements Project is to increase  pedestrian safety and create connectivity in Asheville’s multimodal network for recreation and transportation use. - Project components include widening sidewalk segments on Southside Avenue, Buchanan Avenue and Short Coxe Avenue to 10 feet to become a multi-use path. - “Sharrow” pavement markings will be installed on Short Coxe as reminders that bicyclists are also allowed to use the road. - This project will also install speed cushions and bicycle “sharrows” on Depot Street. - City Council Resolution No. 24-195 authorized the City Manager to execute a  construction contract with DanGrady Company, LLC for the Southside Accessibility Improvement Project construction. - City of Asheville staff publicly advertised for Construction Engineering and Inspection services, as required for a professional service selection process. - Three professional engineering submittals were received and evaluated based on their qualifications, experience and technical approach. - The evaluation of those submittals, ranked by an evaluation committee, resulted in TranSystems Corporation being the highest ranked firm. - Negotiations with TranSystems Corporation resulted in an agreed fee of $210,160.10. - Construction engineering and inspection (CEI) must be performed in accordance with  North Carolina Department of Transportation (NCDOT) Specifications in order for the Department and Federal Highway Administration to participate in the costs of a project. - The project has a total construction timeline of 12 months, with substantial completion at 9 months.The anticipated start date for the construction is in November 2024 with completion of all work in November 2025.  Vendor Outreach Efforts: - With all federally funded projects, the Disadvantaged Business Enterprise (DBE) program  is required for construction services, but not professional engineering services such as this agreement. - The federally established DBE goal for this project is 5% participation for construction services, which will be exceeded for the construction portion of the project. - Because this agreement with TranSystems is for professional services, the DBE participation is not considered.  Committee(s): - Council Agenda Review - 11/09/2023 - Asheville City Council - “Southside Neighborhood Projects Report” - 11/14/2023 - Asheville City Council Tours - 12/08/2023 and 12/14/2023  Pro(s): - Pedestrian intersection improvements throughout the project area - Connection of four existing greenways with safe pedestrian and cycling features - Another important step towards completing the River to Ridge Greenway Network  Con(s): - Construction delays and nuisance while under construction  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2024-11-12","mt":"regular","id":"II-Y","ref":"RES 24-252 / RES 24-253","it":"resolution","t":"Resolutions authorizing sole source procurement for Asheville Rides transit fleet technology and purchase of four 30-foot clean diesel buses from Gillig","desc":"1. Adoption of a resolution supporting the sole-source procurement of transit-related technology equipment and services for the Asheville Rides Transit (ART) transit fleet.  2. Adoption of a second resolution authorizing the Purchasing Division to execute a purchase order with Gillig to acquire four (4) 30-foot clean diesel buses for Asheville Rides Transit (ART) at $2,291,176. The purchase will be made using the Washington State Department of Enterprise Services Cooperative Purchasing Agreement and includes approved sole-source technology as part of the turnkey package.  The sole source technology includes CAD/AVL ITS system, video cameras, surveillance, and automated passenger counters, which will not exceed $325,656, bringing the total turnkey cost for the four (4) buses to $2,616,832.  Turnkey Gillig Bus Purchase Amount Four (4) 30’ Clean Diesel Gillig Buses $ 2,291,176  Sole Source Technology for (4) Buses $ 325,656  Total $ 2,616,832  Background:  Sole Source Authorization - The city utilizes multiple integrated transit technology systems in its Asheville Rides  Transit (ART) transit fleet, consisting of thirty-five (35) buses. - These technologies are essential for ensuring uniformity in operations, improving service  reliability, and providing critical safety and passenger information. - For operational standardization and continued compatibility, it is necessary to ensure that  all buses are equipped with the same transit technology platforms. These platforms include the CAD/AVL (Computer-Aided Dispatch/Automatic Vehicle Location) system, video surveillance, pedestrian and bike detection, and automated passenger counters (APC). Standardizing these systems across the fleet minimizes training time for drivers and maintenance personnel, improves system interoperability, and ensures data integrity for critical performance reporting, including ridership statistics and safety metrics. - To achieve this level of standardization,staff is requesting a sole source procurement authorization, pursuant to N.C.G.S. 143-129(e)(6), for the following technology components to be installed for as long as the transit Division continues to use them in the City’s transit fleet : - IVN 5/ Next Stop Automated Voice Annunciation Systems: Provides audible passenger announcements and syncs with the interior LED signage to keep riders informed about current and upcoming stops. - Seon- Video Surveillance Cameras: These internal and external video and audio surveillance systems ensure safety and security throughout the transit network. Using the same equipment allows consistent data capture, system monitoring, and streamlined maintenance. - UTA Model 31 (M31) APC. Automated Passenger County (APC) systems accurately record ridership data, crucial for service planning, reporting, and optimizing route efficiency. Ensuring all buses use the same APC system guarantees consistency in data collection across the fleet. - Mobileye Shield Pedestrian and Bike Detection System: This system provides advanced warning and detection of pedestrians and cyclists, enhancing safety for vulnerable road users. Standardizing this system across the fleet promotes a uniform safety protocol. - These technologies are already used on the existing ART buses. Therefore, maintaining consistency across the fleet is crucial for operational efficiency, compatibility, and safety. - In this case, competitive bidding is not feasible or advisable, as procuring similar but non-compatible equipment from alternative vendors could result in increased costs, integration challenges, and potential service disruptions. - The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(6) as equipment compatibility is the overriding concern. - The Washington State Department of Enterprise has approved the City of Asheville to participate in the State’s Cooperative Purchasing Agreement for Transit Buses Master Contract No. 06719 to purchase buses from Gillig, utilizing the Washington State Department of Enterprise Services Cooperative Purchasing Agreement approved by the Washington State Department of Enterprise on October 20, 2021.  Bus Purchase - Diesel buses are to be purchased due to the lack of alternative suitable options that are  lower emission. Gillig does not have hybrid buses available for purchase. - Federal funding to purchase the buses and associated accessories will be provided from  Fiscal Year (FY) 2022, FY 2023, and FY2024 Section 5339 Federal Funds. - Additionally, this purchase utilizes $655,000 in Federal Transit Administration (FTA) 5307  funds that were rescinded by Buncombe County to the City of Asheville and which were accepted and budgeted into the City’s Transit Capital Fund on September 24, 2024. - Additionally, this action includes the sole source technology described above from several vendors for equipment installed on each bus to ensure that every bus has consistent technology. - The buses are anticipated to be delivered within 12 to 15 months after the purchase order is issued, and the local match is already programmed in Fiscal Year City’s Adopted Capital Improvement Program (CIP). .  Vendor Outreach Efforts: - N/A. Funding for this project is provided in part from Federal Grants. The City is using a  Cooperative Purchasing Agreement for Transit Buses under an existing Master Contract with the Washington State Department of Enterprise. - Additionally, for the bus technology, this is a sole source procurement due to the need to standardize equipment across all city buses; therefore, no outreach to additional vendors was done  Committee(s): - None (Committees are currently suspended during response and recovery efforts from  Hurricane Helene.)  Pro(s): - These resolutions will allow the Transit Division to efficiently purchase the technology  equipment and services required to standardize and maintain the City’s CAD/AVL ITS system, video cameras, real-time audible announcements, and pedestrian and bike detection transit technology on the ART transit fleet. - These actions will enable staff to purchase replacement buses needed to continue to provide current transit services.  Con(s): - The purchase of diesel buses is inconsistent with the City’s sustainable fleet policy.  Fiscal Impact: - Revenues identified to support the requested action will come from a combination of a Federal Transit Administration (FTA) grant and City funds as outlined below:  Funding sources Amount FTA 5339 Grants (FY22, FY23, and a portion of FY24) - City - budgeted in prior fiscal years  $ 861,832  FTA 5307 Grant - County rescinded - Budgeted by City Council September 24, 2024  $ 655,000  City Transit CIP FY 25 $ 1,100,000  Total $ 2,616,832  Motions: - Motion to adopt a resolution supporting the sole-source procurement of transit-related  technology equipment and services for the Asheville Rides Transit (ART) transit fleet as described in the associated staff report. - Motion to adopt a resolution authorizing the the purchase of four (4) 30-foot clean diesel Gillig buses for Asheville Rides Transit (ART) for $2,291,176, using the Washington State Department of Enterprise Services Cooperative Purchasing Agreement which includes approved sole-source technology as part of the turnkey package in an amount not to exceed $325,656. The total cost of the buses and included sole source technology, including CAD/AVL ITS system, video cameras, surveillance, and automated passenger counters, will not exceed $2,616,832. In response to Councilwoman Roney, Assistant Transportation Director Jessica Morriss  said that there are no more 30-foot hybrid buses available on the market anymore.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2024-11-12","mt":"regular","id":"II-Z","ref":"RES 24-254","it":"resolution","t":"Resolution authorizing the sale of one 2011 Freightliner dump truck deemed surplus","desc":"Background: - The City’s Stormwater Department identified one (1) dump truck as surplus personal  property, with no anticipation of future utilization by the City. - The 2011 Freightliner Dump Truck is expected to sell for more than $30,000. - All bids are solicited through online auction. - Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at  $30,000 or more must be approved by the City Council. - The City’s Purchasing Manager has authority to dispose of personal property valued at  less than $30,000 by private negotiation and sale.  Vendor Outreach Efforts: - Not Applicable  Committee(s): - None  Pro(s): - Prudent asset management - Space utilization eliminates the need to store large, unused equipment - Competitive process yielded market price  Con(s): - None  Fiscal Impact: - The vehicle is fully depreciated and the Stormwater Fund will recognize the entire amount  as revenue.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2024-11-12","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session (privileged/confidential info; attorney-client - American Finance Trust v. City of Asheville)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":27},{"d":"2024-11-12","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1C1v3-tipxp4yd9OvJOxoufBh5op0R7O5/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":28},{"d":"2024-12-02","mt":"special","id":"RES-24-256","ref":"RES 24-256","it":"resolution","t":"Resolution of appreciation to Sandra Kilgore","desc":"Mayor Manheimer read the resolution.","c":"Administrative","mo":"other","mv":"","sec":"","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Tm3gugjt4T7SBUtVEdztz-T89DuvoOoo/view?usp=drive_link","mat":1,"mr":"contested vote","sq":0},{"d":"2024-12-02","mt":"special","id":"VM-election","ref":"","it":"appointment","t":"Election of Vice-Mayor - nomination of Councilwoman S. Antanette Mosley","desc":"as Vice-Mayor of the City of Asheville. This motion was seconded by Councilman Roney and carried unanimously.  SWEARING-IN ADDRESS  Mayor Manheimer gave a brief address stating that she looked forward to working with City Council and the community on the recovery efforts moving forward.  ADJOURNMENT:  Mayor Manheimer adjourned the organizational meeting at 10:32a.m.  __________________________________ _____________________________ City Clerk Mayor","c":"Administrative","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1Tm3gugjt4T7SBUtVEdztz-T89DuvoOoo/view?usp=drive_link","mat":0,"mr":"no material signals","sq":1},{"d":"2024-12-10","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held November 7, 2024, the formal meeting held November 12, 2024, and the organizational meeting held December 2, 2024","desc":".   Tuesday - December 10, 2024 - 3:00 p.m.  Recovery Efforts Worksession   Present: Mayor Esther E. Manheimer, Presiding; Vice-Mayor S. Antanette Mosley; Councilman Bo Hess; Councilwoman Kim Roney; Councilwoman Sheneika Smith; Councilwoman Sage Turner; Councilwoman Maggie Ullman; City Manager Debra Campbell; City Attorney Brad Branham; and City Clerk Magdalen Burleson   Beau Mills from FountainWorks, introduced his team Susannah Childers, facilitator/ recorder; and Emily Wilson, recorder. He said that this worksession will strive to build a shared understanding of the disaster recovery process.   Tracey Phillips from Hagerty, reviewed with Council the long-term recovery planning lifecycle.   Ms. Phillips gave a high level overview of the the framework for a resilient recovery is (1) create a Task Force (gather the leaders or decision-makers you need from across sectors and silos to set goals and develop priorities) (a) elected officials; (b) institutional leaders; and (c) recovery authorities (first responders, law enforcement); (2) empower and leverage your stakeholders (bring together your community “pillars” to support the decision-making and solution development process (a) key non-profits; (b) business leaders (e.g., Chamber of Commerce, Council on Governance); (c) high-capacity support teams and local experts (e.g., University departments and institutes); and (d) constituent voices and underserved or vulnerable communities; (3) use engagement as an engine (a) determine whether your priorities are framed as the public frames then; and (b) capture data for verifiable integration into implementation actions; (4) decision making (surface disagreements, knowledge gaps, barriers and challenges for resolution; (5) solution development (bring together the right teams to tackle the biggest challenges related to the impacts you experienced. Leverage recovery and resilience experts to support new, potentially innovative ideas; and (6) resource identification and prioritization (identify external resources and prioritize local funds to support your key priorities).    \f She explained that regarding resilience as an emergency recovery focus, the ability of individuals, institutions, businesses, and systems within the community to withstand and recover, no matter the disruptions or disasters experienced (1) develop long-term strategies for identifying local, state, and federal resources that can support the repair of infrastructure; (2) focus efforts on risk reduction, decreased vulnerability to disasters, and support everyday life; (3) choose solutions that align resources, partners, and priorities; (4) strategically optimize resources to achieve long term objectives and reduce social stress; (5) understand disaster impacts to frame opportunities to build back stronger; and (6) evolve from community and stakeholder priorities to implemented actions.   At Mr. Mills’s request, City Council wrote down on post-it notes what was really important to them. The post-its were placed in the following categories: preparedness resiliency; community involvement; regional leader; culture and arts; reopening and expanding; business recovery resiliency; recovery for residents; natural environment recovery; infrastructure, healing, Council teamwork; City recovery and growth; and equity.   Mr. Mills then asked Council what they needed to work together to help achieve these things. The post-its were placed in the following categories: understanding where we are; know where we are going based on our foundation of knowledge; brainstorming sessions and conversation; equal dissemination of of information; identifying what are projects for the City, the County, NGO’s, all of the above; identifying the work plan and timeline (plan for the plan); getting realistic and timely info from staff; be in sync with staff; engaging the community beyond surveys; and use the info our community has already been given; leverage past plans.   Mr. Mills said that they will work with the City management team and help form the agenda design for the City Council annual retreat in February.   Mayor Manheimer said that if any Council member would like to be a part of the agenda for the retreat, to please let her know.   City Manager Campbell stressed that there is definitely a leadership role in recovery but they must work together with the community to create the future Asheville that most of us want.   At 4:37 p.m., Mayor Manheimer adjourned the recovery efforts worksession.   Tuesday – December 10, 2024- 5:00 p.m Regular Meeting   Present: Mayor Esther E. Manheimer, Presiding; Vice-Mayor S. Antanette Mosley; Councilman Bo Hess; Councilwoman Kim Roney; Councilwoman Sheneika Smith; Councilwoman Sage Turner; Councilwoman Maggie Ullman; City Manager Debra Campbell; City Attorney Brad Branham; and City Clerk Magdalen Burleson  PLEDGE OF ALLEGIANCE   Mayor Manheimer led City Council in the Pledge of Allegiance.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2024-12-10","mt":"regular","id":"II-AA","ref":"RES 24-280","it":"appointment","t":"Resolution appointing Jack Igelman to the Mills River Partnership Board of Directors","desc":"Summary Jack Igelman is appointed as a member of the Mills River Partnership Board of Directors, to serve the unexpired term of Marc Hunt, term to expire June 19, 2025, or until Jack Ingelman’s successor has been appointed.","c":"Boards & Appointments","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":26},{"d":"2024-12-10","mt":"regular","id":"II-B","ref":"RES 24-257","it":"resolution","t":"Resolution ratifying an emergency contract with CDM Smith Inc. for the North Fork Water Production Facility Helene emergency response","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville engaged outside assistance to address  the needs of the community when those needs exceeded the capacity of City staff. - In one such instance, the City engaged CDM Smith, Inc., for Professional Services for the  North Fork Water Production Facility Tropical Storm Helene Emergency Response, to  provide support and resources to help restore the ability of the North Fork WTP to  produce potable water. - This assistance was determined to be necessary in order to address a special  emergency involving the health and safety of the people or their property, and therefore  exempt under N.C. Gen. Stat. § 143‑64.31(a) from the standard contracting processes in  state law. - This assistance was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3). - Staff is now requesting that Council ratify the City’s contract with CDM Smith, Inc. for  these services and waive any contracting policies or procedures that would normally  have applied.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is $250,000, and it is anticipated that 100% of this expense  will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2024-12-10","mt":"regular","id":"II-BB","ref":"RES 24-281","it":"resolution","t":"Resolution adopting the 2025 City Council meeting schedule","desc":"Summary: City Council Agenda Briefing Worksessions 11:00 a.m. 1st and 3rd Thursday of each month (except for the months of January and October, which agenda briefing worksessions will be held on the 2nd and 4th Thursday of each month and except for July 3, August 7, September 18, November 6 [rescheduled to November 13] November 20 and December 18 due to formal meeting cancellations/ rescheduling. Remote City Council Formal Meetings 5:00 p.m. 2nd and 4th Tuesdays of each month Council Chamber – 2nd Floor City Hall Building, Asheville, N.C. The following meetings are hereby cancelled: Tuesday, July 8, 2025; Tuesday, August 12, 2025; Tuesday, September 23, 2025; Tuesday, November 11, 2025; Tuesday, November 25, 2025; and Tuesday, December 23, 2025. The canceled November 11, 2025, meeting will be rescheduled to Tuesday, November 18, 2025.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":27},{"d":"2024-12-10","mt":"regular","id":"II-C","ref":"RES 24-258","it":"resolution","t":"Resolution ratifying an emergency contract with State Utility Contractors Inc. for the North Fork Water Treatment Plant/Burnette Reservoir emergency response","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville engaged outside assistance to address  the needs of the community when those needs exceeded the capacity of City staff. - In one such instance, the City engaged State Utility Contractors, Inc. for the North Fork  Water Treatment Plant / Burnette Reservoir Hurricane Helene Emergency Response to  provide and install a turbidity curtain to help restore the ability of the North Fork WTP to  produce potable water. - This purchase was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law. - This purchase was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3). - Staff is now requesting that Council ratify the City’s contract with State Utility Contractors,  Inc. for this procurement and waive any contracting policies or procedures that would  normally have applied.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is $204,996.00, and it is anticipated that 100% of this  expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2024-12-10","mt":"regular","id":"II-D","ref":"RES 24-259","it":"resolution","t":"Resolution ratifying an emergency contract with Schnabel Engineering South P.C. for evaluation and engineering services","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene, and a predecessor heavy rain event. On September 25th, a state  of emergency in relation to Tropical Storm Helene was declared covering the City of  Asheville. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to  address the needs of the community when those needs exceeded the capacity of City  staff. - Under one such contract, the City engaged Schnabel Engineering South, P.C., to provide  emergency evaluation and engineering services to repair attributes of the Bee Tree Dam  and Spillway. - The contract is for providing evaluation and engineering services to repair slough on the  dam, spall on the spillway chute, and eroded areas at the outlet areas of the spillway of  the Bee Tree Dam and Spillway that were impacted due to Tropical Storm Helene. - Contract will cover the following work for the Bee Tree Dam and Spillway: - Visual evaluation of the dam, spillway, and associated areas - Emergency Support - Coordination with City, NC DEQ Dam Safety, surveyors ,  and contractors during and following Hurricane Helene - Preparation of a memorandum documenting the dam’s performance during  Hurricane Helene - Survey any areas of damage - Development of temporary emergency repair measures and concepts - Coordination with NC DEQ Dam Safety to obtain approval of the proposed  emergency repairs. - Provide an evaluation and engineering services to repair slough on the dam,  spall on the spillway chute, and eroded areas at the outlet areas of the spillway  that were impacted due to Tropical Storm Helene. - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143-64.31(a) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3).  Vendor Outreach: - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat.  § 143‐64.31(a) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the  meaning of 2CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is $100,000, and it is anticipated that 100% of this expense  will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2024-12-10","mt":"regular","id":"II-E","ref":"RES 24-260","it":"resolution","t":"Resolution ratifying an emergency contract with Schnabel Engineering South P.C. for evaluation and engineering services","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene, and a predecessor heavy rain event. On September 25th, a state  of emergency in relation to Tropical Storm Helene was declared covering the City of  Asheville. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to  address the needs of the community when those needs exceeded the capacity of City  staff. - Under one such contract, the City engaged Schnabel Engineering South, P.C., to provide  emergency evaluation and engineering services to repair attributes of the North Fork  Dam and Spillways. - The contract is for providing evaluation and engineering services for the North Fork Dam  and Spillways: - Visual evaluation of the dam, spillways, and associated areas - Emergency Support - Coordination with City, NC DEQ Dam Safety, surveyors ,  and contractors during and following Hurricane Helene - Preparation of a memorandum documenting the dam’s performance during  Hurricane Helene - Survey any areas of damage - Development of temporary emergency repair measures and concepts - Coordination with NC DEQ Dam Safety to obtain approval of the proposed  emergency repairs. - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143-64.31(a) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3).  Vendor Outreach: - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143-64.31(a) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the  meaning of 2CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - The total cost of this contract is $100,000, and it is anticipated that 100% of this expense  will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2024-12-10","mt":"regular","id":"II-F","ref":"RES 24-261","it":"resolution","t":"Resolution ratifying an emergency contract with Schnabel Engineering South P.C. for emergency repairs","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene, and a predecessor heavy rain event. On September 25th, a state  of emergency in relation to Tropical Storm Helene was declared covering the City of  Asheville. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to  address the needs of the community when those needs exceeded the capacity of City  staff. - Under one such contract, the City engaged Phillips and Jordan, Inc., to provide  emergency repairs to attributes of the North Fork and Bee Tree Dams and Spillways. - The contract is for providing emergency repairs to the attributes of the North Fork and  Bee Tree and Spillways that were impacted due to Tropical Storm Helene. - Restore supporting earth under and around the all exposed waterlines - Temporary seeding and matting of slopes - Repair, backfill and and where possible slope earth at the wingwalls, eroded  areas below the spillway chutes, channel banks, stilling basins and downstream  embankment. - Repair of spall on Bee Tree spillway - Repair slough on Bee Tree Dam - Debris removal as necessary to ensure the access of the watershed properties. - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3).  Vendor Outreach: - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat.  § 143‐129(e)(2) from standard contracting processes in state law. - This contract was further needed to address an emergency or exigency within the  meaning of 2CFR § 200.320(c)(3).  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - None, aside from the expenses incurred.    \fFiscal Impact: - The total cost of this contract is $1,000,000, and it is anticipated that 100% of this  expense will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2024-12-10","mt":"regular","id":"II-G","ref":"RES 24-262","it":"resolution","t":"Resolution ratifying an emergency interlocal agreement with Buncombe County for private debris removal facilitation","desc":"Background: - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of  emergency has been in place in Asheville since September 25th in relation to these  damaging storms. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to  address the needs of the community when those needs exceeded the capacity of City  staff. - Under one such contract, the City engaged Buncombe County, to facilitate the private  and commercial property debris removal (PPDR) and waterway debris removal intake  process for City of Asheville property owners. - The private and commercial property debris removal intake process, including application  and right-of-entry, will require a coordinated effort between Buncombe County, the  incorporated municipalities, and state and Federal agencies to ensure that proper  procedures are followed and that residents receive clear and consistent information. - Many residents and businesses will qualify for no-cost private property debris removal by  a third-party debris-removal entity and the Federal Emergency Management Agency, but  in order to qualify, property owners and residents will be required to participate in a  detailed intake process. - This interlocal agreement was determined to be necessary in order to address a special  emergency involving the health and safety of the people or their property, and therefore  exempt under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in  state law. - This interlocal agreement was further needed to address an emergency or exigency  within the meaning of 2 CFR § 200.320(c)(3).  Vendor Outreach Efforts: - Notwithstanding the existence of the emergency circumstances created by Tropical  Storm Helene, the County utilized a competitive selection processor to contract with its  PPDR vendor, TetraTech.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay. - Enables a unified intake process for private property owners (both residents and  business owners) regardless of location, which facilitates an efficient, clear and  consistent process for our residents - Reduces staff capacity required to administer program enrollment  Con(s): - None, aside from the expenses incurred.  Fiscal Impact: - It is anticipated that 100% of this expense will be reimbursed by FEMA under Category A  (Debris Removal) expenses for the first 180 days and then 75% thereafter. - However, the interlocal agreement requires the City to reimburse the County for any  expenses not covered by FEMA, although none are expected, since the work is expected  to be completed within the first 180 days.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2024-12-10","mt":"regular","id":"II-H","ref":"ORD 5108","it":"ordinance","t":"Ordinance repealing and re-adopting the FY2024-25 Fees and Charges Manual with amendments","desc":"Background: - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene, and a predecessor heavy rain event. On September 25th, a state  of emergency was declared covering the City of Asheville. - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - To facilitate this response and ensure access to essential goods and services for the  community, the City Manager authorized the waiver of certain fees and charges for  various services, including hurricane related building permits (which she has the authority  to do per the Fees and Charges Manual) as well as other fees such as  transportation-related fees for parking and transit (the mechanism for waiving these fees  is not currently listed in the Fees and Charges Manual). - To provide continued relief, staff requests to have these past adjustments to fees and  charges ratified and continued. - Staff also requests adding language to the ordinance granting the City Manager the  authority to adjust fees and charges during declared states of emergency or disasters. - As a result, this action also includes language that will allow the City Manager or their  designee to waive, suspend, defer, or modify any fee or charge, which does not require a  public hearing prior to adoption, for any period during any declared state of emergency or  disaster covering any part of the City of Asheville (including any City, County, state or  Federal state of emergency or disaster declaration). - Staff intends to include similar language in future adopted fees and charges manuals so  that staff will not need to request this additional Council action during declared states of  emergency or disasters covering the City of Asheville.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to address an emergency without delay.  Con(s): - The fee waivers and suspensions result in a fiscal impact for the City of Asheville  operations budget for FY25.    \fFiscal Impact: - The fee waivers and suspensions result in a fiscal impact for the City of Asheville  operations budget for FY25. - Transportation department fees that were suspended include the following: - Transit fares - $45,000 to $50,000 per month - Parking fees (per month): - Garages - $281,000 - Meters - $ 137,000 - Monthly permits - $106,000 - Tickets/enforcement typically received - $29,000 - Street closure fees - $5,200 per month - The Fire Marshal’s Office waived all inspection fees following disaster -$15,000 per  month - Development Services waived hurricane-related permitting fees -$274,000 per month - Loss of revenue is not typically reimbursed by FEMA.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2024-12-10","mt":"regular","id":"II-I","ref":"RES 24-263","it":"resolution","t":"Resolution ratifying the Mountain Capital Community Fund operating agreement","desc":"Background: - The Mountain Community Capital Fund (MCCF) is a loan-guarantee program that is  comprised of the City of Asheville, Buncombe County, Self-Help Ventures, Mountain  BizWorks, and Carolina Small Business Development Fund. It also includes funding from  Dogwood Health Trust. - The program provides loan guarantees to business owners who may experience difficulty  securing traditional financing, including small businesses, low-income business owners,  and MWBE business owners. - The initial MCCF Operating Agreement had only two sources of collateral: the City's  $250,000 and the County's $200,000. Since then, several additional sources of collateral  and loan funds have been added to the Fund. - Amendments to the Agreement reflect the fund's current operation and document new  funding sources that have been added since MCCF began in 2018, including City ARPA  $875,000, County ARPA $1,150,000, and Dogwood Trust $450,000. - The operating agreement for MCCF needs to be renewed to allow the program to  continue to operate. - The current expiration date is February 2025. If approved, this agreement will allow the  fund to operate until 2029. - The agreement needed to be signed before it could go to City Council to allow sufficient  time for all parties to sign before the agreement sunset, and a new fund Custodian  needed to be selected. - To date, the City has contributed $1,125,000 to the MCCF program (the Original  $250,000 collateral and $875,000 in ARPA Funds to Mountain Community Capital for use  of collateral in MCCF and MCCF loans). - As of September 30, 2024, the performance of the MCCF program includes the following: - Guaranteed 76 loans, accounting for nearly $3M in dollars lent over the life of the  program. - There are 57 active loans in the MCCF portfolio. - There have been 6 claims, representing $116,391 in claims paid to-date. - Of the 76 loans, 58% were for black-owned businesses, 18% were for  Hispanic/Latino businesses, 50% were for women-owned businesses (note that  demographics overlap between race and gender), 25% were for startups, and  75% were for existing businesses. - 274 jobs have been created or retained as a result of the program.  Committee(s): - None  Pro(s): - Allowed the City to immediately act to allow for the continuation of the Mountain  Community Capital Fund without delay.  Con(s): - None.  Fiscal Impact: - There is no fiscal impact from entering into this agreement.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2024-12-10","mt":"regular","id":"II-J","ref":"RES 24-264","it":"resolution","t":"Resolution authorizing a contract amendment with Carolina (recovery/contract amendment)","desc":"Background: - A request for proposals was advertised in April 2024 for Rental Equipment Services. - Six (6) Contracts were executed in July 2024 with 6 different vendors offering different  types of equipment. - Carolina 1926 LLC DBA Carolina Cat was one of the contracts executed, with a  not-to-exceed amount of $85,000. - This contract is utilized by multiple departments to rent equipment needed for various  tasks and projects. - The $85,000 not-to-exceed limit is projected to be reached sooner than anticipated due to  Tropical Storm (TS) Helene recovery efforts; and therefore needs to be increased. - The City’s Procurement, Purchasing and Contracting Policy requires Council approval for  General Service Contracts valued at $90,000 or greater.  Vendor Outreach Efforts: - At the time this contract was initially advertised, Staff performed outreach to minority and  women owned businesses through solicitation processes which include posting on the  State’s Electronic Vendor Portal (eVP) and requiring prime contractors to reach out to  Minority & Women-Owned Business Enterprise (MWBE) service providers for any  subcontracted services. - No MWBE firms submitted bids with this prime contractor and all work will be self  performed by the prime contractor.  Committee(s): - None  Pro(s): - Departments will continue to be able to access equipment needed to complete tasks via  rental on an as-needed basis. - The City will not need to purchase various equipment that may only be needed for short  or intermittent periods.  Con(s): - None  Fiscal Impact: - The fiscal impact will vary depending upon utilization, but will not exceed the contract limit  of $170,000. - Each rental will be paid for by the user department from their operating budget. Rentals  used for recovery related to tropical storm Helene are expected to be eligible for FEMA  reimbursement.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2024-12-10","mt":"regular","id":"II-K","ref":"RES 24-265","it":"resolution","t":"Resolution authorizing a contract amendment with United Rentals (North Carolina), Inc. for equipment rentals","desc":"Background: - A request for proposals was advertised in April 2024 for Rental Equipment Services. - 6 Contracts were executed in July 2024 with 6 different vendors offering different types of  equipment. - United Rentals (North America), Inc was one of the contracts executed, with a  not-to-exceed amount of $85,000. - This contract is utilized by multiple departments to rent equipment needed for various  tasks and projects. - The $85,000 not-to-exceed limit is projected to be reached sooner than anticipated due to  TS Helene recovery efforts; and therefore needs to be increased. - The City’s Procurement, Purchasing and Contracting Policy requires Council approval for  General Service Contracts valued at $90,000 or greater.  Vendor Outreach Efforts: - At the time this contract was initially advertised, Staff performed outreach to minority and  women owned businesses through solicitation processes which include posting on the  State’s Electronic Vendor Portal (eVP) and requiring prime contractors to reach out to  Minority & Women-Owned Business Enterprise (MWBE) service providers for any  subcontracted services. - No MWBE firms submitted bids with this prime contractor and all work will be self  performed by the prime contractor.  Committee(s): - None  Pro(s): - Departments will continue to be able to access equipment needed to complete tasks via  rental on an as-needed basis. - The City will not need to purchase various equipment that may only be needed for short  or intermittent periods.  Con(s): - None    \fFiscal Impact: - The fiscal impact will vary depending upon utilization, but will not exceed the contract limit  of $170,000. - Each rental will be paid for by the user department from their operating budget. Rentals  used for recovery related to tropical storm Helene are expected to be eligible for FEMA  reimbursement.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2024-12-10","mt":"regular","id":"II-L","ref":"RES 24-266","it":"resolution","t":"Resolution authorizing sole source purchase with Nicor Inc. for composite meter enclosure lids and hardware","desc":"Background: - A request for proposals (RFP-298) was issued on July 7, 2021. Aclara was selected as  the preferred responsive provider for the Advanced Metering Infrastructure Project.  Aclara partnered with Nicor Inc. for the fabrication, and supply, of approximately 63,000  composite water meter enclosure lids. - As infrastructure implementation began, it was identified that the extent of variances  across the City’s meter enclosure infrastructure required a custom lid design to ensure  safe and functional installation. - Nicor Inc developed 7 trial iterations of a custom lid application, which were subsequently  field tested by City of Asheville staff, ultimately yielding a final custom lid design that  meets the City’s requirements for both safety and functionality. - A sole source for meter enclosures provides standardization of equipment that  accommodates the installation needs for future advanced metering equipment.  Vendor Outreach Efforts: - A request for proposals (RFP-298) was issued on July 7, 2021. Aclara was selected as  the preferred responsive provider for the Advanced Metering Infrastructure Project.  Aclara partnered with Nicor Inc. for the fabrication and supply of composite water meter  enclosure lids. - Nicor Inc. has been utilized as the only vendor with meter lid(s) compatible with the City’s  Water system and would provide continued standardization of the updated system. Nicor  Inc. is a registered WMB. - No further outreach efforts were made.  Pro(s): - Utilize the research and development for a specific mold and fit for the City's unique  sized water meter enclosure system. - Standardization of infrastructure materials - Support full functionality, and future expansion of the new Advanced Metering  Infrastructure system  Con(s): - There are no cons entering into this sole source contract  Fiscal Impact: - Funding for the purchase of composite meter enclosure lids, lid ring(s), associated lid  hardware, and accessories will be via the Water Resources Operations Budget.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2024-12-10","mt":"regular","id":"II-M","ref":"RES 24-267 / RES 24-268","it":"resolution","t":"Resolutions authorizing contract amendments with Weisiger Group (Carolina Caterpillar) and Freightliner of Arizona (Velocity Truck Center) for heavy truck repair","desc":"Background: - The Fleet Management Division of the Public Works Department maintains over 1,000  City owned vehicles and pieces of equipment. - Contracted work is used to supplement existing staff resources at times of high demand  or to provide services where the Fleet Division does not have suitable facilities or  resources - Council approved Resolution 24-95 on May 14th, 2024 to enter into a contract based on  Request for Proposals (298-RFP-HDRepair-FY24) advertised in February 2024. - Weisiger Group / DBA Carolina Caterpillar was awarded a contract effective 7/1/2024. - The original Contract amount for the initial (1) one year term to be $120,000 with a total  not-to -exceed contract amount of $360,000 for all 3 years (if both optional renewals are  exercised). - Since Contract 92500089 went into effect on July 1st, 2024 approximately $100,000.00 of  the predicted $120,000.00 needed for the initial one year term has been expended. - A contract amendment is needed in the amount of $120,000 per year, bringing the total  not-to-exceed amount to $240,000 per year, for a total of $720,000 for all 3 years if both  optional renewals are exercised. - Council approved Resolution 24-96 on May 14th, 2024 to enter into a contract based on  Request for Proposals (298-RFP-HDRepair-FY24) advertised in February 2024. - Freightliner of Arizona / DBA Velocity Truck Center was awarded the contract effective  7/1/2024. - The original Contract amount for the initial (1) one year term to be $60,000 with a total  not-to -exceed contract amount of $180,000 for all 3 years (if both optional renewals are  exercised). - Since Contract 92500092 went into effect on July 1st, 2024 we have expended  approximately $25,000.00 of the predicted $60,000.00 needed for the initial one year  term. - A contract amendment is needed in the amount of $60,000 per year, bringing the total  not-to-exceed amount to $120,000 per year, for a total of $360,000 for all 3 years if both  optional renewals are exercised. - City of Asheville (COA) Unit 353 requires an engine replacement and extensive exhaust  work that has put unexpected expenses toward this contract. - The need for Heavy Truck Repair services has exceeded Fleet expectations.  Vendor Outreach Efforts: - Fleet staff worked alongside ABI Office throughout the Request for Proposals (RFP) and  Selection process to ensure opportunities were extended to any and all Vendors. - The RFP was advertised according to City’s ABI and Purchasing Policies and  Procedures. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Electronic Vendor Portal (eVP). - The Asheville Business Inclusion Office’s list of City Vendors for Outreach was consulted  for any known relevant vendors before the RFP was advertised. - No Minority and women owned Business Enterprise (MWBE) vendors were identified  during this process.  Committee(s): - None  Pro(s): - Allows third party service work as a supplement to in house staff. - Allows for a quicker and more efficient process in the repair of downed vehicles. - Returns City vehicles to service in a timely manner. - Provides flexibility in service delivery without significant capital investment in equipment  or facilities that aren’t used on a daily basis. - Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes. - Maintain a healthy working relationship with the Vendor by ensuring timely payments.  Con(s): - None    \fFiscal Impact: - Funding for this contract is available in the Fleet Division’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2024-12-10","mt":"regular","id":"II-N","ref":"RES 24-269","it":"resolution","t":"Resolution authorizing standardization purchase of trench safety equipment from Speed Shore Corporation","desc":"Background: - The Public Works Stormwater Division needs to purchase additional trench safety  equipment. - Stormwater currently owns and operates Speed Shore brand trench safety equipment. - Speed Shore has exclusive distribution for this area through their vendor, United Rentals  Inc. - It is our intent to standardize this type of equipment. - Standardization increases worker safety in hazardous trench environments and maintains  efficient operations by reducing the risk of human error in shoring equipment assembly. - Parts from other manufacturers of trench safety equipment do not work with our current  owned Speed Shore system. - Additionally, Speed Shore is the brand we have the ability to rent should we need to rent  additional parts. - According to NCGS §143-29, Procedure for letting of public contracts, one of the  exceptions to the bidding requirement is standardization: \"Purchases of apparatus,  supplies, materials, or equipment when: (i) performance or price competition for a product  are not available; (ii) a needed product is available from only one source of supply; or (iii)  standardization or compatibility is the overriding consideration\" (NCGS § 143-129 (e)(6)).  Vendor Outreach Efforts: - N/A  Committee(s): - N/A   \fPro(s): - Increased safety and efficiency - Compatibility with existing owned equipment and future rentals  Con(s): - None  Fiscal Impact: - Funding for this purchase is available in the stormwater enterprise capital fund. The cost  for the equipment is approximately $55,000.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2024-12-10","mt":"regular","id":"II-O","ref":"RES 24-270","it":"resolution","t":"Resolution certifying and declaring results of the special bond referendum held November 5, 2024","desc":"Background: - On July 23, 2024, City Council conducted a public hearing and adopted a resolution  setting a special bond referendum on November 5, 2024, for $20,000,000 in General  Obligation Transportation Bonds, $20,000,000 in General Obligation Housing Bonds,    \f $20,000,000 in General Obligation Parks and Recreation Bonds, and $20,000,000 in  General Obligation Public Safety Bonds. - The referendum was conducted and the Buncombe County Board of Elections has  approved the Certificates of Results certifying that each of the four referenda items  received a majority of votes at the election. - These results will be advertised providing a 30-day period for any action or proceeding to  challenge the regularity or validity of this special bond referendum. - If no action or proceeding occurs within this 30-day period, the City will then seek Local  Government Commission (LGC) approval of the bond orders at their February meeting  and then return to City Council for approval of the bond budgets.  Committee(s): - None  Pro(s): - Provides funding for transportation, parks, housing, and public safety facility needs as  identified in City master plans and Council strategic goals. - Ensures City’s compliance with North Carolina General Statutes.  Con(s): - None.  Fiscal Impact: - A GO bond commits the full faith and credit of the City of Asheville to repayment of the  bonded debt. An additional tax levy will be required to fund the debt service on the bonds.  This additional tax levy will be considered by and adopted by City Council as part of the  Fiscal Year (FY) 2026-27 budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2024-12-10","mt":"regular","id":"II-P","ref":"ORD 5109","it":"ordinance","t":"Technical budget amendment in each of the City's annual operating funds for prior year contracts and purchase orders","desc":"Background: - As part of its ongoing operations, the City enters into various contracts and purchase  order agreements throughout the fiscal year. - Budget funds are encumbered for the full amount of the expected purchase. - These contracts and purchase orders are often not fully completed and paid in  one fiscal year. - North Carolina General Statutes provide authorization for local governments to  reserve the unexpended portion of these prior year commitments and roll those  budgets forward to the new fiscal year. - As a part of the FY24 annual audit, staff identified prior year commitments and carry-over  appropriations to roll forward to FY25. - These dollar amounts were deducted from the unassigned fund balance amounts  that were reported in the Annual Comprehensive Financial Report (ACFR). - The technical budget amendment will provide authorization to officially  appropriate these amounts in the FY25 budget for each of the City’s annual  operating funds. - It is standard practice for staff to bring forward this technical budget amendment  each year at the same City Council meeting in which the external auditors  present the annual audit results.  Committee(s): - None  Pro(s): - Provides budget authorization for project closures, prior year contracts, purchase orders,  and other carry-over appropriations that rolled forward to FY25.  Con(s): - None.  Fiscal Impact: - There is no impact on unassigned or available fund balance in the City’s operating funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2024-12-10","mt":"regular","id":"II-Q","ref":"RES 24-271","it":"resolution","t":"Resolution authorizing a one-year contract for financial advisory services with DEC Associates","desc":"Background: - State statute requires the City of Asheville to have a financial advisor of record for the  purpose of reviewing, evaluating, planning, developing, administering, soliciting,  structuring, negotiating, and otherwise assisting the City in its financial responsibilities  related to the issuance of debt. - DEC Associates, Inc. has assisted the City with financial modeling, debt issuance,  marketing of securities, and other financial services since 2014. - The City’s most recent contract with DEC Associates, which Council approved in  September 2019, expired on September 24, 2024. - The City has several active and upcoming debt issuances that require a financial advisor  of record. - Per City policy, contracts for Financial and Legal Services, such as Bond Counsel and  other specialized or related areas are exempt from competitive bidding. - DEC Associates, Inc. utilizes a complex model and the continued use of this firm  maintains continuity in the management of the City’s multi-year Capital Improvement  Program (CIP) and Debt Model. - Services rendered under this contract will have individual engagements defined through  supplemental agreements for projects on an as-needed basis.  Pro(s): - Contracting with DEC Associates provides outside expertise that enhances the City’s  financial management; and - State statute requires a financial firm of record if issuing new debt.  Con(s): - None  Fiscal Impact: - Payments will be made for individual engagements on an as-needed basis and be paid  through the City’s multi-year Capital Improvement Program (CIP) and Debt Model","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2024-12-10","mt":"regular","id":"II-R","ref":"RES 24-272","it":"resolution","t":"Resolution authorizing an amendment to the licensing and management agreement with Commonwealth Golf Partners II - Asheville, LLC","desc":"Background: - The City of Asheville has owned the property located at 226 Fairway Dr, known as  Asheville Municipal Golf Course, since the course opened in 1927, with a brief exception  ending in the early 2000s when course ownership was transferred to Buncombe County.  The City has owned the property consistently since 2006. - In 2012 the City leased the property to Pope Golf LLC for a total term of 10 years. - In the fall of 2022, the City filed a lawsuit against Pope Golf LLC for failure to pay rent  payments as required within the lease agreement. - The City elected not to renew an agreement with Pope Golf LLC and conducted an RFQ  for a new management company. - In total twelve companies submitted responses for varying types of operations  agreements. - Commonwealth Golf Partners II - Asheville (CGPA) was selected as the most qualified  company for the City’s needs in operation of the course. - The City entered into a Management & Operations Services Licensing agreement with  CGPA for a term of up to 10 years, beginning October 1, 2022. - The agreement with CGPA provides the City with the ability to dictate maintenance levels  for the course and retain control of maximum allowable green fee and passholder rates. - The agreement requires a financial risk within the operation of the course, both for the  City and CGPA. - In the case of a quarterly loss, the City is responsible for 65% of losses, CGP  responsible for 35%. - In the case of a quarterly profit CGP earns 100% of the first $5,000 and then  55% of remaining earnings, City earning 45% of all earnings after the first  $5,000. - The course recently completed a $2.8 million restoration in August 2024. - Throughout construction CGPA accepted and covered operations losses per contract.  The last two financial quarters prior to tropical storm Helene were profitable, showing the  revenue share model created for the agreement worked. - The course incurred significant damage to holes one through nine as a result of flooding  caused by tropical storm Helene and has been permitted as a potential temporary debris  site, resulting in the indefinite closure of half of the course. - CGPA acted quickly clearing numerous downed trees and other hazards throughout  holes 10 through eighteen to reopen the course as a nine-hole golf course beginning  October 28, 2024. - CGPA has made clear their desire to continue operating the course for the City and to  return to a revenue share model when the course is able to reopen as an 18 hole course,  however they cannot continue the revenue share model with a 9 hole course. - City staff has negotiated a temporary amendment to the existing agreement effective  through March 31, 2025 to allow time for staff to bring to Council suggested long term  plans for the course and the license agreement. Effective April 1, 2025 the temporary  amendment will revert to the original license agreement structure unless otherwise  agreed in writing by both parties. - Amendments to the license agreement include: - In the case of a quarterly loss, the City will be responsible for 100% of losses,  CGPA responsible for 0%. - In the case of a quarterly profit CGPA will earn 0% of earnings, City earning  100% of all earnings. - Full control of budgetary decisions to the City, inclusive of purchases, staffing  levels and greens fee rates - Staff intends to bring recommendations for a long term plan to council before the  conclusion of the amendment agreement March 31, 2025  Pro(s): - Allows the City to dictate expense controls and revenue management - Allows the course to remain open to the public through at least March 31, 2025  Con(s): - Places the City in a 100% ‘risk position’ financially with the operating budget - An operating subsidy will be required while the course operates as a nine hole course  Fiscal Impact: - CGPA anticipates potential losses as great as $200,000 through March 31, 2025. - A budget amendment is not required as funds have been identified in the Community &  Regional Entertainment Facilities budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2024-12-10","mt":"regular","id":"II-S","ref":"RES 24-273","it":"resolution","t":"Resolution authorizing an interlocal agreement with Buncombe County for contributions to the McCormick Field Renovation Project","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as  McCormick Field, since 1984 and leases the property for operation as a minor league  baseball stadium. The presence of the team contributes to the City’s overall quality of life. - The economic impact of the team is also very positive for local business. The impact is  expected to exceed $10 million annually. The Tourists team utilizes hundreds of local  people as temporary seasonal workers each season. - Having the team downtown contributes to the continuing revitalization of the South Slope  district, making additional walkable options for pre and post game food and beverage  customers for downtown businesses. - The renovation project will bring the facility into compliance with Major League Baseball  Player Development League facility standards and will include upgrades to allow for a  significant increase in non-baseball events while allowing the facility to operate twelve  months a year. - This agreement with Buncombe County Government is one of three necessary for the  City to issue debt service for the project. - A long term lease with the Asheville Tourist to become effective 2026 - 2046 will be  brought to Council for review and approval in January 2025, delayed from fall 2024 due  to the impact of Tropical Storm (TS) Helene. - A grant agreement with the Buncombe County Tourist Development Authority will be  brought to Council for review and approval in January 2025, delayed from fall 2024 due  to the impact of TS Helene.  Committee(s): - Asheville City Council - March 12, 2023 - Buncombe County commissioners - March 21, 2023  Pro(s): - Formalizes a long term commitment by Buncombe County to contribute funds towards  the renovation project at McCormick Field  Con(s): - None  Fiscal Impact: - Reduces the total investment in the project by the City of Asheville by $5 Million.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2024-12-10","mt":"regular","id":"II-T","ref":"RES 24-274","it":"resolution","t":"Resolution authorizing a contract with Pyatt Heating & Air Company Inc. for HVAC equipment at Harrah's Cherokee Center","desc":"Background: - HCCA has been upgrading the HVAC system for nearly 5 years through multiple phases.  The initial phase of the project included necessary design work for the entirety of HVAC  replacement within the arena and common spaces, excluding the Thomas Wolfe  Auditorium. - To date, approximately 65% of the system has been upgraded. - This contract includes work of replacement of two main air handler units in the area  following the Phase 1 design work. - This portion of the the project is funded in part by a grant received from the Buncombe  County Tourism Development Authority - Replacement will allow for more energy efficient operation of the chiller and HVAC  system as a whole as the units being replaced are original to the building.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes using the State’s Interactive Purchasing System. - Four companies participated in site visits to review the project. - Two companies submitted a bid for the project with Pyatt being the lowest responsible  bidder in the amount of $183,809.00. - No responding/bidding companies were MWBE companies  Committee(s): - None  Pro(s): - Greater efficiencies within the HVAC system operations  Con(s): - None.  Fiscal Impact: - Funding for this work is available in the HCCA Capital Projects Fund. - 50% of the funding is through a BCTDA grant.","c":"Economic Development","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2024-12-10","mt":"regular","id":"II-U","ref":"RES 24-275","it":"resolution","t":"Resolution authorizing a one-year renewal contract with Marathon Health for employee health clinic management","desc":"Background: - Marathon Health, LLC currently provides management of the City’s employee health  services clinic. - Ongoing uninterrupted healthcare and disease management and occupational health  services at no cost is critical in maintaining the health and well-being of employees and  their dependents. - These services are an important component of the City’s employee benefit program.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and    \f requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - Staff was unable to identify other local vendors that provide clinic management,  healthcare, occupational health services and management of The Asheville Project™  Committee(s):  n/a  Pro(s): - The City will continue to offer an employee health services clinic, helping to recruit and  retain quality staff. - Employees and their dependents will have access to continued health services, including  physical and mental health as well as preventative care.  Con(s): - n/a  Fiscal Impact: - $1,515,000 for services through 2/22/2026 - Funding for this contract is available in the City’s Health Insurance Fund","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2024-12-10","mt":"regular","id":"II-V","ref":"RES 24-276","it":"resolution","t":"Resolution authorizing a lease with Civil Slope LLC at 84 Coxe Avenue for the City's employee health clinic","desc":"Background: - The current location for the Employee Health Services is 6 Brooklet Street, Suite 1, Asheville, NC 28801. The clinic provides (1) healthcare for employees and their eligible dependents, (2) the Asheville Project services, and (3) occupational health support. - The current clinic location has a history of maintenance issues including water leaks and flooding, electrical and HVAC issues, and untimely responses to resolve issues that adversely impact clinic operations. - Post Tropical Storm Helene, the building has incurred an increase in water leaks and electrical problems. - The property owner moved overseas permanently with no property manager in place. - The current lease for 6 Brooklet Street was executed in 2018 at $12/square foot with 3% annual escalations. This lease is in its first renewal period with the second and final renewal option beginning September 2025. The lease expenditure calculated for FY 2025 at the present location is approximately $60,000 annually with fees added for taxes and common area maintenance. - Paragraph 14 of the existing lease allows for termination during the last one year of the lease term in the event of any damage, casualty or destruction. In the event of termination of the lease under any of the provisions of paragraph 14, both parties have the option to terminate on written notice within sixty (60) days of such occurrence. The City has provided the requisite notice. - The new clinic space on Coxe Avenue will provide more space to offer preventative health education to employees on topics such as tobacco cessation, weight management, and disease management. - Capital Management, Information Technology Services, Human Resources, and Employee Health Services Staff have physically inspected the new clinic space. All concur that it is adequate for clinic operations and larger than the current space at 6 Brooklet Street, Suite 1 so that service offerings can be expanded. - New Lease Terms: - 3,746 square foot medical office space; - Base rent $24/sf (3% annual escalation), triple net; plus additional rent (taxes, insurance and common area maintenance) of $6.23/sf (up to 5% annual escalation); - Initial term of 5 years beginning on January 6, 2025 with an option to renew for two (2) additional 5 year periods. Vendor Outreach Efforts: - Not applicable. Pro(s): - The size of this facility increases operational capacity to provide direct and support clinical services. - The condition of the updated facility mitigates disruptions in access to care due to ongoing maintenance needs. Con(s): - If execution of lease is not approved, the clinic will continue to operate in a space that does not allow for expansion of services; and is adversely impacted by ongoing maintenance issues. Fiscal Impact: - Lease for new location for City’s Employee Health Services Clinic, with a five-year total lease expenditure not exceeding $601,214.92, which includes 3% annual rental escalations. - The current contract is approximately $60,000 annually, while the new contract is approximately $132,000 in the first year which includes common area maintenance fees. - Funding for this contract is available in the City’s Health Insurance Fund. Motion: - Motion to authorize the City Manager to enter into a lease/sublease for 84 Coxe Avenue, Suite 240, Asheville, NC to provide ongoing operations of the City’s Employee Health Services Clinic for employees and their dependents, for an expenditure of $113,241.58 for the first year, bringing the total lease expenditure for initial 5 year initial term to $601,214.92 including all projected escalations, with an option to renew for two (2) additional 5 year term upon the same terms and conditions; and further authorizing the City Manager to execute any documents necessary to give effect to this resolution.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2024-12-10","mt":"regular","id":"II-W","ref":"RES 24-277","it":"resolution","t":"Resolution authorizing a three-year contract with Flowbird, Inc. for mobile parking payment options","desc":"Background: - Customers utilize the mobile pay option to pay by phone through a mobile pay app, QR  Code, or phone number as an alternative to paying at the meter. - Passport, Inc. has been the vendor for the City’s mobile payment option for parking  meters for the past 12 years. - To ensure the City is receiving the best possible value for parking meter mobile payment  services, the Parking Services Division of the Transportation Department developed and  issued a Request for Proposals (RFP) in July 2024. - The City of Asheville selected Flowbird as the new vendor for this service and wishes to  have an overlap of services between the new vendor and Passport Labs Inc. to ensure a  seamless transition for parking customers. Therefore, this action also requests  authorization to extend the contract with the current vendor, Passport, to June 30, 2025. - Extending the existing contract with Passport Labs Inc. will allow staff to work with the  new vendor to change signage, stickers on meters, and work with the Communication &  Public Engagement Department to communicate the change to customers, downtown  businesses, and employees.  Vendor Outreach Efforts: - Passport Inc. is the current contractor and is both the manufacturer and service provider.  All work is self-performed. - FlowBird was awarded the contract through a competitive RFP process. They are both  the manufacturer and provider and are also self-performing.  Committee(s): - None  Pro(s): - This action will support the continuation of current/existing mobile pay options while  transitioning to the new vendor.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2024-12-10","mt":"regular","id":"II-X","ref":"RES 24-278","it":"resolution","t":"Resolution authorizing a contract amendment with Passport LLC for a one-year extension of parking enforcement","desc":"Background: - The average monthly cost for enforcement services and permit management is $12,500  per month, with an estimated annual cost to continue services of $150,000. The current  contract total is $89,000 for the period of March 1, 2024 - December 31, 2024. The  additional $150,000 requested funding would bring the total contract amount to $239,000. - The required funding for the contract extension is already budgeted in the FY25 Parking  Services Operating Budget. Additional funds as needed will be included in the upcoming  FY26 Parking Services Operating Budget. - An RFP process will be completed during this timeframe to select and implement a new  parking enforcement and permit management system vendor, and this extension is  necessary to ensure the continuation of parking enforcement services.  Vendor Outreach Efforts: - Passport Labs, Inc. is the current contractor and is both the manufacturer and service  provider. All work is self-performed. - The City will conduct an RFP process in 2025 to select a new parking enforcement and  permit management software vendor, following all vendor outreach requirements.  Committee(s): - None  Pro(s): - This action will support the continuation of current enforcement software technology.  Con(s): - None  Fiscal Impact: - Funding for this contract is available in the Parking Services Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2024-12-10","mt":"regular","id":"II-Y","ref":"ORD 5110","it":"ordinance","t":"Budget amendment to accept Emergency Solutions Grant funding from the N.C. Dept. of Health and Human Services","desc":"Background: - Homelessness response in our community is coordinated through the  Asheville-Buncombe Continuum of Care (CoC), a voluntary collaborative planning body  subject to federal regulations. - Federal regulations require that each CoC a) establishes a Homeless Management  Information System (HMIS) to collect data on people experiencing homelessness and to  comply with Federal reporting requirements and b) designates an entity to serve as the  HMIS Lead to administer the HMIS. - The Asheville-Buncombe CoC has designated the City of Asheville as its HMIS Lead,  and in that capacity the City manages a contract on the CoC’s behalf with the Michigan  Coalition Against Homelessness (MCAH) to access HMIS software and technical  support. - The Asheville-Buncombe CoC is responsible for HMIS costs. The CoC Board voted at its  August 15, 2024 meeting to approve a City application for Emergency Solutions Grant  funding in the amount of $4,810 to contribute to HMIS costs in 2025. - Emergency Solutions Grant (ESG) funds are managed by the NC Department of Health  and Human Services (NCDHHS). NCDHHS has awarded the City ESG funds in the  amount of $4,810 and will initiate a funding agreement with the City for a grant term of  January 1, 2025 - December 31, 2025. - A budget amendment is needed to accept the awarded $4,810. - The ESG funding agreement and all reporting and compliance will be managed by the  City’s Homeless Strategy Division which fulfills the City’s responsibilities as the CoC’s  designated HMIS Lead.  Vendor Outreach Efforts: - N/A  Committee(s): - Asheville-Buncombe Continuum of Care Board: August 15, 2024 (unanimous approval to  submit application for funding)  Pro(s): - Secures State-managed Federal resources for local homelessness response  Con(s): - None noted  Fiscal Impact: - Accepts $4,810 in awarded grant funds for the Homeless Management Information  System. The remaining cost of the HMIS will be funded with a federal Continuum of Care  grant. The total cost of the system is $69,359 annually.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2024-12-10","mt":"regular","id":"II-Z","ref":"RES 24-279","it":"resolution","t":"Resolution authorizing a construction contract with Site Development Corp for the new Haw Creek Sidewalk Project","desc":"Background: - The New Haw Creek Road Sidewalk Project is part of the 2016 Transportation Bond  funded sidewalk improvements. - This construction project will install approximately 1 mile of 6’ wide sidewalk along New  Haw Creek Rd. from Beverly Rd. to Bell Rd., where no safe pedestrian facilities currently  exist. - The scope of work also includes over 2,600 linear feet of stormwater pipe, 10,000 square  feet of retaining wall, water line relocation, and complete roadway repaving. - The City of Asheville entered into a design contract with Mattern & Craig, Inc. in  November 2017 for the engineering and design for sidewalks along New Haw Creek Rd. - Final permitting, easement acquisition, utility coordination and North Carolina Department  of Transportation (NCDOT) approval have been completed. - Due to the lane closure restrictions, and the complications of constructing on an active  roadway, construction is expected to take one year, beginning this winter and completed  within a twelve month period.  Vendor Outreach Efforts: - Due to the federal funding involved in this project, the Federal Disadvantaged Business  Enterprises (DBE) program is being applied. The federally established goal for this  project is 7% participation. - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - The apparent low bidder performed outreach through advertisement and direct outreach,  but resulted in no DBE participation. - On August 12, 2024 construction bids were advertised and only received two bids. - The project was readvertised on September 19th and received three bids. - The three bids received were from:  Waynesville, NC based Appalachian Sitework Inc. for $2,940,901;  Cliffside, NC based Site Development Corp. for $3,284,727.50; and  Asheville, NC based NHC Constructors, Inc. for $4,618,817 - Appalachian Sitework, Inc. was the apparent lowest, responsive, responsible bidder. - An NCDOT evaluation committee determined on 11/15/2024 that the apparent low bidder  did not perform Good Faith Efforts and determined that the apparent low bidder be  considered as non-responsive, and their bid is to be rejected. - The second low bidder, Site Development Corporation is achieving 8% MBE/DBE  participation by utilizing Tree of the Life Construction Inc. from Kings Mountain, NC with  concrete sidewalk and curb/gutter installation.  Committee(s): - None  Pro(s): - Connection throughout the area, including a school zone, with safe pedestrian facilities.  Con(s): - Construction impacts to traffic while under construction.  Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital  Projects Budget","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2024-12-10","mt":"regular","id":"IV-A-1","ref":"RES 24-282","it":"public_hearing","t":"Resolution authorizing amendments to the FY2024-25 CDBG Annual Action Plan for disaster response activities","desc":"Community Development Division Manager James Shelton said that this is the consideration of adoption of a (1) resolution authorizing amendments to the Fiscal Year 2024-2025 CDBG Annual Action Plan of the 2020-2024 Consolidated Plan outlining new activities for disaster response, including Rental Assistance, Business Restabilization Grants, Homeless Emergency Shelter, and CDBG Program Administration, as well as repurposing funds allocated for City of Asheville Community Center Improvements - Stephens Lee for Parks & Recreation Disaster Recovery; and (2) a budget amendment in the amount of $1,748,141 to adopt the additional funds for the Fiscal Year 2024-25 Community Development Block Grant Fund budget. This public hearing was advertised on November 29 and December 6, 2024.  Background: - The City of Asheville is an entitlement community and participating jurisdiction with the  U.S. Department of Housing and Urban Development (HUD) and receives formula  funding through the Community Development Block Grant (CDBG). The City receives  these allocations annually through a federal formula allocation process. - On July 23, 2024, the City Council approved a resolution authorizing the 2024-2025  Annual Action Plan. Staff submitted the Action Plan to HUD on August 13, 2024 and the  plan was approved by HUD on September 5, 2024. - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall from Tropical Storm Helene and a predecessor heavy rain event. In relation to  these damaging storms, a state of emergency has been in place in Asheville since  September 25th. - On October 30, 2024, HUD notified the City of Asheville that it would receive an  additional grant from HUD’s Designated Disaster Recovery Fund (DDRF) in the amount  of $1,748,141 to aid with disaster recovery from the effects of Tropical Storm Helene. - In order to receive the DDRF funds, City Council will need to authorize the submission to  HUD of amendments to the FY 2024-2025 Annual Action Plan and new goals for disaster  recovery in the 2020-2024 Consolidated Plan, which will provide a concise summary of  the actions and activities that will be used to address the disaster recovery. - City staff also recommend amending the purpose of the $380,171 allocated for City of  Asheville Community Center Improvements - Stephens Lee to instead be used by the  Parks & Recreation Department for disaster recovery efforts.  Committee(s): - Council Committees canceled until January 2025. - Presented during the 11/19/24 Council briefing.  Pro(s) - Approval of amendments to the Annual Action Plan clears the way for additional  Community Development Block Grant (CDBG) Declared Disaster Recovery Funds to be  granted to the city of Asheville. These funds will help address the impacts of Tropical  Storm Helene, which have been severe. The funded activities will provide needed relief  for rental assistance, business grants, and homeless emergency shelter. - Redirected funds from Stephens Lee will support Parks and Recreation recovery efforts  to bring existing park assets back online. This approach will also ensure the City is able  to meet HUD timeliness requirements.  Con(s) - The funding for Stephens Lee Community Center improvements will be repurposed for  more immediate needs in Parks and Recreation .Improvements for the Stephens Lee  Community Center will be prioritized for future CDBG allocations.  Fiscal Impact: - THE CDBG DDRF funds are fully provided by the US Department of Housing and Urban  Development - These funds will support administrative costs. - The amount previously allocated for Stephens Lee ($380,171) will remain the same. The  proposed use will change. - The City’s anticipated CDBG DDRF award is $1,748,141.   Mr. Shelton outlined the following key takeaways from his presentation as follows: (1) The US Department of Housing and Urban Development has awarded a grant of $1.7M to the City of Asheville for Helene Disaster Recovery; (2) The City must submit amendments to the 2024-2025 Annual Action Plan outlining the intended uses of the funds in order to receive the grant; (3) City staff are proposing that the $1.7M be used to help with providing rental assistance, business restabilization grants, homeless emergency shelter, and Community Development Block Grant (CDBG) program administration’ and (4) Staff also recommend that, while improvements to the Stephens-Lee Community Center’s outdoor space remain a top priority for the City, current funding be used for Parks & Recreation Disaster Recovery. He then provided the background as follows: (1) Each year, the US Department of Housing and Urban Development (HUD) provides the City with Community Development Block Grant (CDBG) funds to support affordable housing, public services, economic development, and community improvements; (2) Each year, the City must provide an Annual Action Plan to HUD that outlines the activities it will undertake with the CDBG funds; (3) In October, HUD notified the City that it would receive an additional CDBG grant in the amount of $1,748,141 through its Declared Disaster Recovery Fund (DDRF) to aid with Helene recovery efforts; (4) In order to receive the DDRF grant funds, the City must submit amendments to the 2024-2025 Annual Action Plan that outline how the City intends to use the funds for disaster recovery; (5) Improvements to the Stephens-Lee Community Center’s outdoor space remain a priority for the Parks & Recreation Department while we propose repurposing existing CDBG funding to address immediate recovery needs in our parks. Community Center improvement will be funded with other capital resources, from sources such as future CDBG funding or 2024 General Obligation Bond funding; and (6) City Council must authorize the proposed Annual Action Plan amendments before they can be submitted to HUD for review and approval.   Below are the funding recommendations:   Program Funding   DDRF Allocations    \f Business Restabilization Grants $624,000   Rental Assistance $624,000   Homeless Emergency Shelter $250,000   CDBG Program Administration $250,141   DDRF Subtotal $1,748,141   Previously Approved CDBG Allocations   City of Asheville Community Center Improvements - Stephens Lee Identify other funding  sources (i.e. future  CDBG funding or  GO Bonds)  Parks & Recreation Disaster Recovery  $380,171   These recommendations are suggested because (1) Rental Assistance & Business Restabilization: Disaster recovery best practice is to address housing and business recovery simultaneously (a) Primary need for rental assistance is to assist families who are economically impacted but may not have had physical housing impacts and may not be receiving FEMA aid; (b) Businesses in Asheville have been severely impacted, both physically and economically, by the effects of Helene; and (c) Local advocacy groups place rental assistance and business grants at the top of their priority needs; (2) Homeless Emergency Shelter: Additional capacity support for shelters is needed until permanent housing solutions are available and identified - Need to strengthen homeless shelter system to serve those who do not have other available housing resources as emergency shelters close; (3) CDBG Program Administration: The Community Development Division, which manages the CDBG program for the City, will need additional capacity support to effectively administer these additional funds; (4) Parks and Recreation Disaster Recovery: Parks facilities were severely impacted by the storm, particularly the flooding at the Thompson St. Maintenance facility. This year’s CDBG funding cycle allocated $380,171 for community center outdoor improvements (ball court, playground, etc). Repurposing the funds allows for replacement of some of the lost fleet and may be used to assist with facility relocation; and (5) Hagerty has reviewed these recommendations and finds they align with best practices and current understanding of unmet need in the community.   Regarding limitations with available data, (1) Housing data is inherently slow and it is difficult to get an accurate picture of the current housing situation using traditional, reliable methods (i.e. HUD data); (2) Business economic data can also be unreliable in the near term (a) The NC Department of Commerce cautions that economic data will be revised in the months and years following its immediate release; (b) Businesses that closed temporarily and continued to pay their employees would not have those jobs reflected in the job loss numbers; and (c) We don’t necessarily know which businesses are continuing to employ people, or which people are filling jobs: (i) Shocks like natural disasters induce “churn” in the labor market; (ii) Some businesses close, some residents move away, but new businesses and new jobs with new residents often get created as well; and (iii) Goal is to retain existing businesses and jobs; and (3) To make decisions in the near term for immediate needs, we have to rely on limited data, which is often anecdotal and qualitative, but indicates the great need in our community.   Regarding data that informs funding recommendations for business stabilization grants, (1) Asheville Metro Area lost 8,200 jobs in October, 4% of total employment (NC Dept. of    \fCommerce); (2) Asheville unemployment rate rose to 10.6% in October, a year-over-year increase of 7.7% from October 2023; and (3) The City authorized $704,070 for small business grants to the Mountain BizWorks Asheville-Buncombe Rebuilding Together Grant Fund (totalling nearly $3M from other sources) (a) 619 applications from Asheville businesses requesting $13.2M in assistance during application period of November 15th - 27th; (b) Applicants reported that they employed 5,332 pre-Helene jobs and now employ 3,585, resulting in an overall decrease of 1,747 jobs; (c) Average applicant has 8.6 employees; (d) 21.7% are minority-led businesses, 56.4% are women-led businesses; (e) Mountain Bizworks is currently reviewing applications for eligibility and scoring them based on need, demographics, reopening plans, etc.; and (f) Expect to begin providing grant funds to businesses later in December 2024.   He then reviewed a chart of applicants by industry percent. Over 50% of applicants are food and beverage, retail , accommodation, and service industry businesses. Asheville likely experienced a greater degree of job loss in these sectors.   Regarding data that informs funding recommendations for rental assistance, (1) FEMA is providing rental assistance to physically displaced households (e.g. flood-damaged home), however residents experiencing unemployment or underemployment who did not sustain damage to their home are experiencing hardship with limited available resources; (2) The City’s Affordable Housing Plan (published Sept. 2024) states that 36% of all Asheville households (or 13,641 households) are paying 30% or more of their income on housing costs, defined as “housing cost-burdened”; (3) The economic impact of the disaster has resulted in job loss, which is connected to the uptick in need for rental assistance, however we don’t know the true extent of the current need based on the circumstances of each individual; (4) Eblen Charities has provided $219,117 in rental assistance to 219 families from 9/27 - 11/30 in Buncombe County - This number is likely much greater now that they have brought on 2 additional caseworkers and they’ve added an electronic application platform and streamlined required documentation; and (5) Grace Covenant Presbyterian has provided $1.1M in housing assistance to 727 families from 10/1 - 11/30 (a) Average assistance is approximately $1,600 per family/individual; and (b) Assistance payments span the region and includes rental assistance outside Buncombe County   Regarding data that informs funding recommendations for homeless emergency shelter (1) Disaster-related shelter operated by the Rescue Mission is funded by Red Cross through 12/31; (2) Shelter continues to be needed for current occupants and people newly seeking shelter related to the disaster, and the CoC’s Shelter Planning Work Group is pursuing options beyond 12/31; and (3) Will rely on the Continuum of Care to recommend how to best fund activities.   Regarding data that informs funding recommendations for CDBG Program Administration (1) The additional $1.7M amounts to an increase of 174% in the amount of CDBG funds the Community Development division will administer in FY 2024, necessitating increased capacity support; (2) Timely processing of funding draw downs; and (3) Ensure sufficient oversight of expenditures and accountability.   Regarding data that informs funding recommendations for Parks & Recreation Disaster Recovery (1) The Stephens-Lee Community Center received $936,000 in CDBG investments in 2022 and 2023; (2) This year’s CDBG funding cycle allocated $380,171 for outdoor improvements (ball court, playground, etc); (3) Parks & Recreation facilities were severely impacted by the storm, particularly the flooding at the Thompson Street Parks Maintenance facility; (4) Funds may be used to replace some of the lost fleet and/or for facility relocation; and (5) Community Center improvement will be funded with other capital resources, such as future CDBG funding or 2024 General Obligation Bond funding.   Throughout discussion, Mr. Shelton, along with Community & Economic Development Director Nikki Reid, responded to various questions/comments from Council, some being, but are   \fnot limited to: clarification on how much money has the City provided to Eblen Charities and Grace Covenant Presbyterian and have those funds been distributed; concern that Eblen Charities is not getting the funds distributed quickly enough; are there barriers on why the City’s funds are not drawn down; is there discussion on the staff level of redirecting our Eblen Charities funds to Buncombe County to get out to the community quicker; caution on who we allocate these dollars to since they are federal dollars and we have to be careful on accountability; support for redirecting our funds to Buncombe County for rental, mortgage and utility assistance; recap of how much City allocated for business stabilization grants and rental assistance grants; at what percentage can staff re-distribute the funds without having to amend the CDBG action plan, have a public comment period, and public hearing; are business stabilization grants being allocated quicker than rental assistance; because these are federal dollars, the City must make sure that no duplication of other federal dollars are being received at the same time to the same person, noting that we cannot track if the same person has duplication of services from charitable organizations; and, confirmation that most programs are for Helene-affected losses.   Councilwoman Roney asked staff to confirm that zero dollars of the allocated rental assistance have resulted in actual assistance.   Mayor Manheimer opened the public hearing at 6:07 p.m., and when no one spoke, she closed the public hearing at 6:07 p.m.   Mayor Manheimer said that members of Council have previously received copies of the resolution and ordinance and they would not be read.","c":"Housing","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":28},{"d":"2024-12-10","mt":"regular","id":"IV-A-2","ref":"ORD 5111","it":"ordinance","t":"Budget amendment in the amount of $1,748,141 to add additional funds for the FY2024-25 CDBG Fund budget","desc":"Community Development Division Manager James Shelton said that this is the consideration of adoption of a (1) resolution authorizing amendments to the Fiscal Year 2024-2025 CDBG Annual Action Plan of the 2020-2024 Consolidated Plan outlining new activities for disaster response, including Rental Assistance, Business Restabilization Grants, Homeless Emergency Shelter, and CDBG Program Administration, as well as repurposing funds allocated for City of Asheville Community Center Improvements - Stephens Lee for Parks & Recreation Disaster Recovery; and (2) a budget amendment in the amount of $1,748,141 to adopt the additional funds for the Fiscal Year 2024-25 Community Development Block Grant Fund budget. This public hearing was advertised on November 29 and December 6, 2024.  Background: - The City of Asheville is an entitlement community and participating jurisdiction with the  U.S. Department of Housing and Urban Development (HUD) and receives formula  funding through the Community Development Block Grant (CDBG). The City receives  these allocations annually through a federal formula allocation process. - On July 23, 2024, the City Council approved a resolution authorizing the 2024-2025  Annual Action Plan. Staff submitted the Action Plan to HUD on August 13, 2024 and the  plan was approved by HUD on September 5, 2024. - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall from Tropical Storm Helene and a predecessor heavy rain event. In relation to  these damaging storms, a state of emergency has been in place in Asheville since  September 25th. - On October 30, 2024, HUD notified the City of Asheville that it would receive an  additional grant from HUD’s Designated Disaster Recovery Fund (DDRF) in the amount  of $1,748,141 to aid with disaster recovery from the effects of Tropical Storm Helene. - In order to receive the DDRF funds, City Council will need to authorize the submission to  HUD of amendments to the FY 2024-2025 Annual Action Plan and new goals for disaster  recovery in the 2020-2024 Consolidated Plan, which will provide a concise summary of  the actions and activities that will be used to address the disaster recovery. - City staff also recommend amending the purpose of the $380,171 allocated for City of  Asheville Community Center Improvements - Stephens Lee to instead be used by the  Parks & Recreation Department for disaster recovery efforts.  Committee(s): - Council Committees canceled until January 2025. - Presented during the 11/19/24 Council briefing.  Pro(s) - Approval of amendments to the Annual Action Plan clears the way for additional  Community Development Block Grant (CDBG) Declared Disaster Recovery Funds to be  granted to the city of Asheville. These funds will help address the impacts of Tropical  Storm Helene, which have been severe. The funded activities will provide needed relief  for rental assistance, business grants, and homeless emergency shelter. - Redirected funds from Stephens Lee will support Parks and Recreation recovery efforts  to bring existing park assets back online. This approach will also ensure the City is able  to meet HUD timeliness requirements.  Con(s) - The funding for Stephens Lee Community Center improvements will be repurposed for  more immediate needs in Parks and Recreation .Improvements for the Stephens Lee  Community Center will be prioritized for future CDBG allocations.  Fiscal Impact: - THE CDBG DDRF funds are fully provided by the US Department of Housing and Urban  Development - These funds will support administrative costs. - The amount previously allocated for Stephens Lee ($380,171) will remain the same. The  proposed use will change. - The City’s anticipated CDBG DDRF award is $1,748,141.   Mr. Shelton outlined the following key takeaways from his presentation as follows: (1) The US Department of Housing and Urban Development has awarded a grant of $1.7M to the City of Asheville for Helene Disaster Recovery; (2) The City must submit amendments to the 2024-2025 Annual Action Plan outlining the intended uses of the funds in order to receive the grant; (3) City staff are proposing that the $1.7M be used to help with providing rental assistance, business restabilization grants, homeless emergency shelter, and Community Development Block Grant (CDBG) program administration’ and (4) Staff also recommend that, while improvements to the Stephens-Lee Community Center’s outdoor space remain a top priority for the City, current funding be used for Parks & Recreation Disaster Recovery. He then provided the background as follows: (1) Each year, the US Department of Housing and Urban Development (HUD) provides the City with Community Development Block Grant (CDBG) funds to support affordable housing, public services, economic development, and community improvements; (2) Each year, the City must provide an Annual Action Plan to HUD that outlines the activities it will undertake with the CDBG funds; (3) In October, HUD notified the City that it would receive an additional CDBG grant in the amount of $1,748,141 through its Declared Disaster Recovery Fund (DDRF) to aid with Helene recovery efforts; (4) In order to receive the DDRF grant funds, the City must submit amendments to the 2024-2025 Annual Action Plan that outline how the City intends to use the funds for disaster recovery; (5) Improvements to the Stephens-Lee Community Center’s outdoor space remain a priority for the Parks & Recreation Department while we propose repurposing existing CDBG funding to address immediate recovery needs in our parks. Community Center improvement will be funded with other capital resources, from sources such as future CDBG funding or 2024 General Obligation Bond funding; and (6) City Council must authorize the proposed Annual Action Plan amendments before they can be submitted to HUD for review and approval.   Below are the funding recommendations:   Program Funding   DDRF Allocations    \f Business Restabilization Grants $624,000   Rental Assistance $624,000   Homeless Emergency Shelter $250,000   CDBG Program Administration $250,141   DDRF Subtotal $1,748,141   Previously Approved CDBG Allocations   City of Asheville Community Center Improvements - Stephens Lee Identify other funding  sources (i.e. future  CDBG funding or  GO Bonds)  Parks & Recreation Disaster Recovery  $380,171   These recommendations are suggested because (1) Rental Assistance & Business Restabilization: Disaster recovery best practice is to address housing and business recovery simultaneously (a) Primary need for rental assistance is to assist families who are economically impacted but may not have had physical housing impacts and may not be receiving FEMA aid; (b) Businesses in Asheville have been severely impacted, both physically and economically, by the effects of Helene; and (c) Local advocacy groups place rental assistance and business grants at the top of their priority needs; (2) Homeless Emergency Shelter: Additional capacity support for shelters is needed until permanent housing solutions are available and identified - Need to strengthen homeless shelter system to serve those who do not have other available housing resources as emergency shelters close; (3) CDBG Program Administration: The Community Development Division, which manages the CDBG program for the City, will need additional capacity support to effectively administer these additional funds; (4) Parks and Recreation Disaster Recovery: Parks facilities were severely impacted by the storm, particularly the flooding at the Thompson St. Maintenance facility. This year’s CDBG funding cycle allocated $380,171 for community center outdoor improvements (ball court, playground, etc). Repurposing the funds allows for replacement of some of the lost fleet and may be used to assist with facility relocation; and (5) Hagerty has reviewed these recommendations and finds they align with best practices and current understanding of unmet need in the community.   Regarding limitations with available data, (1) Housing data is inherently slow and it is difficult to get an accurate picture of the current housing situation using traditional, reliable methods (i.e. HUD data); (2) Business economic data can also be unreliable in the near term (a) The NC Department of Commerce cautions that economic data will be revised in the months and years following its immediate release; (b) Businesses that closed temporarily and continued to pay their employees would not have those jobs reflected in the job loss numbers; and (c) We don’t necessarily know which businesses are continuing to employ people, or which people are filling jobs: (i) Shocks like natural disasters induce “churn” in the labor market; (ii) Some businesses close, some residents move away, but new businesses and new jobs with new residents often get created as well; and (iii) Goal is to retain existing businesses and jobs; and (3) To make decisions in the near term for immediate needs, we have to rely on limited data, which is often anecdotal and qualitative, but indicates the great need in our community.   Regarding data that informs funding recommendations for business stabilization grants, (1) Asheville Metro Area lost 8,200 jobs in October, 4% of total employment (NC Dept. of    \fCommerce); (2) Asheville unemployment rate rose to 10.6% in October, a year-over-year increase of 7.7% from October 2023; and (3) The City authorized $704,070 for small business grants to the Mountain BizWorks Asheville-Buncombe Rebuilding Together Grant Fund (totalling nearly $3M from other sources) (a) 619 applications from Asheville businesses requesting $13.2M in assistance during application period of November 15th - 27th; (b) Applicants reported that they employed 5,332 pre-Helene jobs and now employ 3,585, resulting in an overall decrease of 1,747 jobs; (c) Average applicant has 8.6 employees; (d) 21.7% are minority-led businesses, 56.4% are women-led businesses; (e) Mountain Bizworks is currently reviewing applications for eligibility and scoring them based on need, demographics, reopening plans, etc.; and (f) Expect to begin providing grant funds to businesses later in December 2024.   He then reviewed a chart of applicants by industry percent. Over 50% of applicants are food and beverage, retail , accommodation, and service industry businesses. Asheville likely experienced a greater degree of job loss in these sectors.   Regarding data that informs funding recommendations for rental assistance, (1) FEMA is providing rental assistance to physically displaced households (e.g. flood-damaged home), however residents experiencing unemployment or underemployment who did not sustain damage to their home are experiencing hardship with limited available resources; (2) The City’s Affordable Housing Plan (published Sept. 2024) states that 36% of all Asheville households (or 13,641 households) are paying 30% or more of their income on housing costs, defined as “housing cost-burdened”; (3) The economic impact of the disaster has resulted in job loss, which is connected to the uptick in need for rental assistance, however we don’t know the true extent of the current need based on the circumstances of each individual; (4) Eblen Charities has provided $219,117 in rental assistance to 219 families from 9/27 - 11/30 in Buncombe County - This number is likely much greater now that they have brought on 2 additional caseworkers and they’ve added an electronic application platform and streamlined required documentation; and (5) Grace Covenant Presbyterian has provided $1.1M in housing assistance to 727 families from 10/1 - 11/30 (a) Average assistance is approximately $1,600 per family/individual; and (b) Assistance payments span the region and includes rental assistance outside Buncombe County   Regarding data that informs funding recommendations for homeless emergency shelter (1) Disaster-related shelter operated by the Rescue Mission is funded by Red Cross through 12/31; (2) Shelter continues to be needed for current occupants and people newly seeking shelter related to the disaster, and the CoC’s Shelter Planning Work Group is pursuing options beyond 12/31; and (3) Will rely on the Continuum of Care to recommend how to best fund activities.   Regarding data that informs funding recommendations for CDBG Program Administration (1) The additional $1.7M amounts to an increase of 174% in the amount of CDBG funds the Community Development division will administer in FY 2024, necessitating increased capacity support; (2) Timely processing of funding draw downs; and (3) Ensure sufficient oversight of expenditures and accountability.   Regarding data that informs funding recommendations for Parks & Recreation Disaster Recovery (1) The Stephens-Lee Community Center received $936,000 in CDBG investments in 2022 and 2023; (2) This year’s CDBG funding cycle allocated $380,171 for outdoor improvements (ball court, playground, etc); (3) Parks & Recreation facilities were severely impacted by the storm, particularly the flooding at the Thompson Street Parks Maintenance facility; (4) Funds may be used to replace some of the lost fleet and/or for facility relocation; and (5) Community Center improvement will be funded with other capital resources, such as future CDBG funding or 2024 General Obligation Bond funding.   Throughout discussion, Mr. Shelton, along with Community & Economic Development Director Nikki Reid, responded to various questions/comments from Council, some being, but are   \fnot limited to: clarification on how much money has the City provided to Eblen Charities and Grace Covenant Presbyterian and have those funds been distributed; concern that Eblen Charities is not getting the funds distributed quickly enough; are there barriers on why the City’s funds are not drawn down; is there discussion on the staff level of redirecting our Eblen Charities funds to Buncombe County to get out to the community quicker; caution on who we allocate these dollars to since they are federal dollars and we have to be careful on accountability; support for redirecting our funds to Buncombe County for rental, mortgage and utility assistance; recap of how much City allocated for business stabilization grants and rental assistance grants; at what percentage can staff re-distribute the funds without having to amend the CDBG action plan, have a public comment period, and public hearing; are business stabilization grants being allocated quicker than rental assistance; because these are federal dollars, the City must make sure that no duplication of other federal dollars are being received at the same time to the same person, noting that we cannot track if the same person has duplication of services from charitable organizations; and, confirmation that most programs are for Helene-affected losses.   Councilwoman Roney asked staff to confirm that zero dollars of the allocated rental assistance have resulted in actual assistance.   Mayor Manheimer opened the public hearing at 6:07 p.m., and when no one spoke, she closed the public hearing at 6:07 p.m.   Mayor Manheimer said that members of Council have previously received copies of the resolution and ordinance and they would not be read.","c":"Housing","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":29},{"d":"2024-12-10","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing to consider zoning text amendments to Chapter 7 to align City regulations with the NC State Building Code","desc":"Interim Public Works Director Amy Deaton said that this is the consideration of an ordinance to amend the UDO sections (Sec. 7-2-4) Conflict or inconsistency with other laws, covenants, or deed restrictions, (Sec. 7-2-5) Definitions, and (Sec. 7-12-1) Flood protection to better align existing City regulations with the North Carolina State Building Code and State Model Flood Ordinance for Special Flood Hazard Areas within the City. This public hearing was advertised on November 29 and December 6, 2024.   \fBackground: - Redevelopment of properties in the flood hazard area is regulated by a variety of rules  and ordinances at the federal, state and local level. - As a result of Hurricane Helene there is significant focus on recovery and redevelopment  efforts, especially for flood-damaged properties. - Current language in the UDO may appear to be in conflict with current practice such that  a property owner may think that a building that has incurred substantial damage may be  rebuilt to previous conditions, which is not necessarily always the case. - In reviewing the 2021 NC Model Flood Damage Prevention Ordinance drafted by the NC  Floodplain Mapping Program and as a result of the Community Assistance Visit  (performed as part of our participation in the National Flood Insurance Program), other  items were identified that need to be included for additional clarification and/or updates to  our floodplain ordinance to aid staff administering the ordinance. - The recommended modifications to our ordinance will ensure we remain in good standing  with the National Flood Insurance Program (NFIP) and the Community Rating System  (CRS). - The NFIP provides federally backed flood insurance protection for property owners that  live in a participating NFIP community. Compliance with this program is required for city  residents to be eligible for flood insurance. - The CRS is a voluntary incentive program that recognizes and encourages community  floodplain management practices that exceed the minimum requirements of the NFIP and  provides discounted flood insurance premium rates for all city residents requiring this  insurance. - To clarify the code, staff recommends: - simplifying conflicting provisions (Sec. 7-2-4) so they are easier to understand, - aligning definitions “Substantial damage” and “Substantial improvement” (Sec.  7-2-5) with those that mirror FEMA and the NC State Building Code, - removing extraneous code that may be confusing (Sec 7-12-1(e)(1)(i)), and - clarifying that significantly damaged nonconforming properties must meet flood  protection regulations (Sec 7-12-1)(e)(7)(c)), which is a requirement of state  regulations. - The city’s comprehensive planning, Living Asheville, supports these types of updates that  seek to improve communication: “Promote clear and effective communication between  city residents at all stages of development to ensure development responds to the needs  and goals of affected residents.\"  Vendor Outreach Efforts: - N/A  Committee(s): - Planning & Zoning Commission - December 4, 2024 - approval on a 6-1 vote with  revisions.  Pro(s): - Supports the goals of the comprehensive plan and priorities of the City Council - Improved understanding for staff, especially those processing permit applications - Simplification and clarification of the zoning code for all  Con(s): - None  Fiscal Impact: - None  Suggested Motion: - Motion to adopt the proposed text amendments to Chapter 7 of the Asheville Code of  Ordinances sections 7-2-4, 7-2-5, and 7-12-1, and find that the proposed amendments  are reasonable, are in the public interest, are consistent with the City's comprehensive  plan, and meet the needs of the community in that the amendment will 1) align city  regulations with state and federal requirements, 2) clarify development language to better  support permit applicants and city staff in the permitting process, and 3) simplify the city  code for all users.   Ms. Deyton outlined the following key takeaways from her presentation as follows: (1) Requesting updates to: (a) (Sec. 7-2-4) Conflict or inconsistency with other laws, covenants, or deed restrictions; (b) (Sec. 7-2-5) Definitions; and (c) (Sec. 7-12-1) Flood protection; and (2) Proposed updates will: (a) Bring into compliance with state and federal requirements; (b) Better align with best practices for floodplain management; (c ) Clarify development language to better support permit applicants and City staff in the permitting process; and (d) Simplify the City code for all users.   Ms. Deyton then reviewed the floodplain ordinance regulations from 1968 through 2002; along with information on the National Flood Insurance Program and the Community Rating System.   Ms. Deyton explained the UDO updates as follows: (1) (Sec. 7-2-4) Conflict or inconsistency with other laws, covenants, or deed restrictions - Simplifies ordinance language; (2) (Sec. 7-2-5) Definitions - Updates and additions to align with State Model Flood Ordinance; (3) (Sec. 7-12-1) Flood protection (a) Community Assistance Visit (CAV) requests; (b) Additional updates to align with state and federal requirements; and (c) Clarification language of regulations; (4) (Sec. 7-2-5) Definitions (a) Updates and additions to align with State Model Flood Ordinance; (b) Updates include Addition, Floodway, Mean Sea Level, Substantial Damage, etc.; (c) Additions include Digital Flood Insurance Rate Map (DFIRM), Letter of Map Change (LOMC), North American Vertical Datum of 1988 (NAVD 88), etc.; and (d) Deletions include Flood Fringe, Flood Profiles, National Geodetic Vertical Datum (NGVD), etc.; (5) (Sec. 7-12-1) Flood protection (a) CAV requests: (i) Statutory Authority [7-12-1(a)(1)]; (ii) Basis for establishing SFHA [7-12-1(b)(3)]; and (iii) Various updates to FEMA forms; (b) Additional updates to align with state and federal requirements: (i) Updates to agency names and reference to mean sea level; and (ii) Added the determination of substantial improvement/damage [7-12-1,(d),(4)]; and (c) Clarification language of regulations: (i) Cumulative cost tracking from one (1) years to five (5) years to prevent; (ii) circumvention of the purpose and objectives of the ordinance [7-12-1(e)(2)(e)(4)]; (iii) Regulatory Flood Protection Elevation [7-12-1(e)(1)(q)]; and (iv) Nonconforming use or structure substantially damaged [7-12-1(e)(7)(c)].   She explained how these changes will affect flood properties, and how they affect non-conforming properties. She said if adopted by the City Council, all owners that submit permit applications for development after having been substantially damaged/improved will clearly be required to meet base flood elevation (BFE) plus the City of Asheville’s two (2) foot freeboard.   She ended by saying the Planning & Zoning Commission, on December 4, 2024, approved the amendments on a 6-1 vote with the following conditions: (1) A revision to the current definition of “Structure” to match the language of the state model ordinance; and (2) A revision to the definitions of “Substantial Damage” and “Substantial Improvement” to eliminate the   \fphrase \"at least\" to precisely match the duration included in the ordinance. Those conditions have been included in the proposed ordinance before City Council. Staff recommends approval of the proposed UDO Ordinance updates.   There was considerable discussion surrounding the proposed amendments. Ms. Deyton responded to various questions/comments from Council, some being, but are not limited to: clarification on FEMA guidelines for exemptions of historic properties; need for public comment on substantial changes to make sure they understand what we are doing; what is the risk if we delay adoption of these amendments; request for data on number of commercial and residential structures that were substantially damaged; and request for data on how many permits have been received for substantial damage.   It was the consensus of Council to (1) review the technical amendments that are non-controversial and will bring our Code into compliance with state or federal law at the January 9 agenda briefing, before the January 14 Council meeting for these to be considered, with a subject matter expert to be available for questions; (2) bring back to City Council non-substantial amendments to our Code that conflict with other sections of our Code; and (3) after public comment, bring back to Council substantial changes that are out of compliance with the State Building Code or national flood insurance program requirements, i.e., durational, look back period for calculating substantial improvement and substantial damage, and requirements to elevate structures following substantial damage.   Councilwoman Roney supported additional public engagement in principle, but requested risk analysis from the City Attorney due to concern about impact on flood insurance requirements and rates.   Councilwoman Turner also asked for clarification on the historic exemption; clarification if sidewalks or parking lots are included in the 50% equation for meeting the substantial damaged definition.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":30},{"d":"2024-12-10","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session (attorney-client privilege; litigation)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":31},{"d":"2024-12-10","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1y98ktZzgOOeNVYD8--5NOPnN_EGw9iws/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":32},{"d":"2025-01-14","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held December 5, 2024, and the formal meeting","desc":"Background:  - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene.  - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.  - In responding to this crisis, the City of Asheville engaged outside assistance to address  the needs of the community when those needs exceeded the capacity of City staff.  - In one such instance, the City engaged Buchanan Pump Service and Supply, for the  North Fork Water Treatment Plant Tropical Storm Helene Emergency Response to repair  a 500 hp raw water pump to help restore the ability of the North Fork Water Treatment  Plant to produce potable water.  - Staff is now requesting that Council ratify the City’s $40,000 contract with Buchanan  Pump Service and Supply for this procurement and waive any contracting policies or  procedures that would normally have applied.  - A $40,000 contract does not typically require City Council approval. Given that the  contract with Buchanan Pump Service and Supply did not follow our typical contracting  policies during the emergency it is being brought forward for ratification.     Vendor Outreach:  - This purchase was determined to be necessary in order to address a special emergency   involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law.  - This purchase was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3).      Committee(s):  - None    Pro(s):  - Allowed the City to immediately act to address an emergency without delay.     Con(s):  - None, aside from the expenses incurred.     Fiscal Impact:  - The total cost of this contract is $40,000.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-01-14","mt":"regular","id":"II-B","ref":"RES 25-1","it":"resolution","t":"Resolution ratifying an emergency contract with Buchanan Pump Service and Supply","desc":"Background:  - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene.  - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.  - In responding to this crisis, the City of Asheville engaged outside assistance to address  the needs of the community when those needs exceeded the capacity of City staff.  - In one such instance, the City engaged Buchanan Pump Service and Supply, for the  North Fork Water Treatment Plant Tropical Storm Helene Emergency Response to repair  a 500 hp raw water pump to help restore the ability of the North Fork Water Treatment  Plant to produce potable water.  - Staff is now requesting that Council ratify the City’s $40,000 contract with Buchanan  Pump Service and Supply for this procurement and waive any contracting policies or  procedures that would normally have applied.  - A $40,000 contract does not typically require City Council approval. Given that the  contract with Buchanan Pump Service and Supply did not follow our typical contracting  policies during the emergency it is being brought forward for ratification.     Vendor Outreach:  - This purchase was determined to be necessary in order to address a special emergency   involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law.  - This purchase was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3).      Committee(s):  - None    Pro(s):  - Allowed the City to immediately act to address an emergency without delay.     Con(s):  - None, aside from the expenses incurred.     Fiscal Impact:  - The total cost of this contract is $40,000.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-01-14","mt":"regular","id":"II-C","ref":"ORD 5112","it":"ordinance","t":"Budget amendment for the Municipal Building Roof Replacement Project","desc":"Background:  - At the 11/12/24 City Council meeting, Council authorized the City Manager to enter into a  contract with AAR of North Carolina, Inc. in the amount of $638,000, for the Municipal  Building Roof Replacement project, including a 10% contingency, for a total of $701,800.  - The project is meant to replace damage from Tropical Storm Helene and is expected to  be fully funded with a mix of insurance and FEMA funds.  - The breakdown between insurance and FEMA funds is unknown at this time.  - Due to the special funding sources, this contract requires a budget amendment to add   funding to the budget. This is not new money - it is a budget amendment to utilize  funding that was previously approved by Council.      Pro(s):  - Allows the City to budget for a previously approved project.    Con(s):  - None.    Fiscal Impact:  - This amendment will add $701,800 to the City’s budget which is expected to be fully  reimbursed with FEMA and insurance funds.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-01-14","mt":"regular","id":"II-D","ref":"RES 25-3","it":"resolution","t":"Resolution authorizing a license agreement with Highland Brewing","desc":"Background:  - Due to the flooding caused by Tropical Storm (TS) Helene and the subsequent ‘wash  out’ of the Azalea Road bridge at recreation park, and the wash out of Azalea Road East,         access to the Gashes Creek Neighborhood and to the WNC Nature Center was not  possible.  - Coordinating with City staff, Highland Brewing Company allowed public access to Gashes  Creek Road through its parking lot located at 12 Charlotte Highway as a temporary  solution; and  - The temporary access has been utilized by Gashes Creek residents as well as numerous  agencies as part of the response efforts and continuity of operations, including: NC DOT,  MSD, COA (multiple departments) Delivery Companies, School bus access etc.  - In order to facilitate space for the temporary roadway the land owner was required to  move a street light pole and temporarily improve access between their parking lot and  Gashes Creek Road.  - Additional traffic through the property has caused significant additional wear and tear on  the parking lot areas throughout the property  - License financial terms are based on costs incurred by Highland to improve the access  road, a negotiated fair market value for business interruption related to the loss of  parking spaces, additional staff needs for parking/traffic support and other related  expenses.  - In addition, COA Public Works provided a repair/replacement estimate to best  determine real adjusted cost to restore to condition prior to public use to best  determine final negotiated fee structure.  - COA is not responsible for repair or restoration of property at the conclusion of the  agreement, COA is only responsible for cash payment.  - Initial term is retroactive to September 27, 2024 through January 31, 2025 reverting to a  month to month arrangement beginning February 1, 2025.  - Long term temporary access to Gashes Creek, through Azalea Road East is scheduled  to open in January or February 2025, dependent on receipt of the purchased signals to  allow two-way traffic, at which point access through Highland Brewing Company will be  closed.  - Contract term assumes timely restoration of public right of way access to the  neighborhood, while allowing for a month to month extension if construction delays occur.   Committee(s):  - None    Pro(s):  - Formalizes access for the public and City services to the Gashes Creek neighborhood  until public right of way access can be restored.  - Staff anticipates expenses related to this agreement will be reimbursed through FEMA  and the State.     Con(s):  - None    Fiscal Impact:  - Initial term expense of $250,000 and potential additional monthly expense of  $62,500/month if extended.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-01-14","mt":"regular","id":"II-E","ref":"RES 25-4","it":"resolution","t":"Resolution authorizing an interlocal agreement with Buncombe County","desc":"Background:  - The City of Asheville is a participating entitlement community in the U.S. Department of   Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG)  program.  - The City of Asheville has received a supplemental grant of $1,748,141 from the CDBG  Declared Disaster Recovery Fund (CDBG-DDRF) program.  - On December 10, 2024, City Council authorized the allocation of $624,000 in  CDBG-DDRF funding for rental assistance.  - City staff recommends directing the full amount of the CDBG-DDRF rental assistance  allocation ($624,000) to Buncombe County’s Helene Recovery Housing Assistance Grant  program, which the County has created to provide emergency relief to residents affected  by Helene.  - Buncombe County has the capacity to handle CDBG rental assistance funds and is  capable of complying with all CDBG regulations.  - The county received 5,826 applications for housing assistance. 3,867 (66%) of the  applicants were residents of Asheville and 4,479 (77%) requested rental assistance.  - Buncombe County can ensure that any City-provided funds are made available for rental  assistance to City of Asheville residents whose incomes are less than 80% area median  income ($74,800 per year for a family of four).  - CDBG funds can be available for the County to deploy in their existing application cycle.  This cycle opened applications between December 5 and 18, and the County anticipates  processing payments in January 2025.  - In order to dedicate these funds to Buncombe County, the City and the County will need  to execute an interlocal agreement.  - Tentatively, Buncombe County Commissioners would be briefed on the interlocal  agreement on January 7 followed by a formal County Commission vote on January 21.      Committee(s):  - None.     Pro(s)  - Newly received CDBG grant funds will be quickly distributed to City residents who meet  the program’s eligibility criteria.  - City residents will receive needed relief for rent that they are behind on and owe for up to  3 months worth of rent payments  - The County is familiar with the CDBG program and can effectively administer the  program per CDBG requirements.     Con(s)  - None.     Fiscal Impact:  - $624,000 from the CDBG-DDRF grant (total grant = $1,748,141). No other fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-01-14","mt":"regular","id":"II-F","ref":"RES 25-2","it":"resolution","t":"Resolution authorizing a professional services contract with PC (firm)","desc":"Background:  - The City of Asheville’s Water Resources Department serves 156,720 customers in  Buncombe and Henderson Counties.  - The North Fork and William DeBruhl Water Treatment Plants have a combined capacity  to produce 36 million gallons of drinking water per day, and provide approximately 80% of  the City of Asheville’s drinking water.  - The filter plants at both the North Fork and the William DeBruhl Water Treatment Plant  have provided many years of service treating water and now require the replacement of  their filter media and underdrain structures to ensure their ability to consistently produce  clean water.  - The use of a Construction Manager at Risk will provide the opportunity for value  engineering and the procurement of long lead time equipment to be used in the  maintenance of these vital systems.  - This project will be divided into three phases. This request is for phase one. Phase two  will include early procurement of equipment and materials. Phase three will include the  guaranteed maximum price (GMP). Phases two and three will come to Council at a later  date.     Vendor Outreach Efforts:  - PC Construction Company was chosen by the City of Asheville’s Water Resources  Department’s Water Production Division to provide professional engineering services for  this project.  - The Water Production Division utilized the RFQ process to provide a competitive  opportunity for qualified Construction Managers at Risk, (CMAR).  - PC Construction Company was the most qualified of the three construction companies  that provided proposals and interviewed for the project.  - No further outreach was undertaken.     Committee(s):  - N/A    Pro(s):  - Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for our customers.  - Maintains the ability of the City of Asheville’s Water Resources Department to treat  drinking water, at the North Fork and William DeBruhl WTPs.  - Provides the opportunity to procure long lead time items in advance, which facilitates the  contractors ability to plan and perform work. This is important because the rehabilitation  of the filters requires production loss for a period of time to allow work to progress.  - Provides value engineering based on the experience and synergy of the Owner,  Engineer, and CMAR, through value engineering.  - The CMAR will provide outreach, bidding, and contractor management.    Con(s):  - There are no known cons associated with entering into this contract.      Fiscal Impact:  - Phase 1 funding for this contract is estimated at $285,757, including a $28,387 owners  allowance for a total of $314,144. These funds are available in the Water Resources  Capital Improvement Budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-01-14","mt":"regular","id":"II-G","ref":"RES 25-5","it":"resolution","t":"Resolution authorizing a construction contract with Thomas (contractor)","desc":"Background:  - The scope of work for this project includes the installation of approximately 1,250 LF of  12-inch, 6,950 LF of 8-inch, 20,600 LF of 6-inch ductile iron water line, related  appurtenances and other miscellaneous water system components including service  connections and other appurtenances.  - The project will mostly replace existing problematic water lines; which have been  identified as a need through a prioritization and master planning process, due to age,  pipe failures and future water capacity needs. Construction will include lane/road  closures and other necessary disruptions for water line installation.  - On November 5, 2024, the Water Resources Department (WRD) issued an  advertisement for bids for Neighborhood Enhancement Project (NEP) Area 7 - Water  Distribution Project.  - In response to the advertisement for bids, the WRD received five (5) bids on December  5, 2024.  Companies responding were:   1. Buckeye Bridge, LLC - Canton,NC - Non MWBE - Bid $11,831,260.40  2. T&K Utilities, Inc. - Asheville, NC - Non MWBE - Bid $16,345,497.00  3. TeraFlex Group, LLC. - Waynesville, NC - Non MWBE - Bid $10,877,864.00  4. Thomas Construction Co, Inc.- Johnson City, TN - Non MWBE - Bid   $10,175,349.00  5. TP Howard’s Plumbing Co, Inc. - Fairview, NC - Non MWBE - Bid   $10,670,000.00  - Following an audit of the bids by City staff and the project engineers, Kimley-Horn &   Associates, Thomas Construction Co, Inc was selected as the lowest responsible,  responsive bidder.  - The Water Resources Department requests authorization to contract with Thomas  Construction Co, Inc for the bid amount of $10,175,349.00 plus a 10% contingency in the  amount of $1,017,535.90, for a total amount not to exceed $11,192,884.90 for a term  ending at project completion.     Vendor Outreach Efforts:  - Staff performed outreach to minority- and women-owned businesses through the   solicitation processes which include posting on the State’s Interactive Purchasing System  and requiring prime contractors to reach out to Minority Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services.  - No MWBE firms submitted bids as the prime contractor.     Committee(s):  - Not applicable.    Pro(s):  - This project is aligned with the City's and the Water Resources Department's goal of  continued investment and improvement of the City’s water system through capital  improvement projects, in order to provide safe and reliable service.     Con(s):  - None.    Fiscal Impact:  - Funding for this contract was previously budgeted and is available in the Water  Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-01-14","mt":"regular","id":"II-H","ref":"","it":"motion","t":"Motion to adopt the Fiscal Year 2025-26 Budget Calendar","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-01-14","mt":"regular","id":"II-I","ref":"RES 25-6","it":"resolution","t":"Resolution authorizing a contract with Patton Construction Group Inc. for the Burton Street Park playground and basketball court replacements","desc":"Background:  - Background: The eastern boundary of the Burton Street Neighborhood will be impacted  by the planned widening of I-26. As an effort to lessen the burden of the North Carolina  Department of Transportation’s (NCDOT) I-26 Project, a community driven Neighborhood  Plan was developed in 2018 which includes mitigation strategies.  - One of the mitigation strategies outlined in the Neighborhood Plan is to improve  community infrastructure at the Burton Street Community Center by providing more  parking, improving existing basketball courts and playground, and providing an additional  meeting space.  - This project will relocate and replace the existing playground at the community center in  order to allow for NCDOT to expand the parking area. The project will also replace a  basketball court and provide an additional community meeting space.  - The Project page provides additional project information.  - Basketball and playground construction associated with this project is expected to start in   early calendar year 2025 and be completed in mid calendar year 2025.     Vendor Outreach Efforts:  - Staff performed outreach to minority and women owned businesses through solicitation   processes which included posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services.  - The project was initially advertised on September 18, 2024, and then canceled on  October 11th, due to Tropical Storm Helene.      https://drive.google.com/file/d/1t1Z9eRx6PRQlEGCGFZ07UY3exE4Au9pT/view https://drive.google.com/file/d/1t1Z9eRx6PRQlEGCGFZ07UY3exE4Au9pT/view https://www.ashevillenc.gov/projects/burton-street-park-investments/ - THe solicitation was readvertised on October 30, 2024, and the City received and opened  bids on November 21, 2024, at 3:00PM. Four bids were received, including one MWBE  firm. The following companies submitted bids:  - Smart Builders Construction LLC dba Modern Mountain Builders, Asheville, NC,  $621,828.  - J Bartholomew Construction, LLC, Hendersonville, NC, $592,000.  - Enterprises G, Inc., Blowing Rock, NC, MWBE, $550,176.  - Patton Construction Group, Inc, Asheville, NC, $512,500.  - Patton Construction, Inc. was the lowest responsive, responsible bidder.  - No MWBE firms submitted bids with Patton Construction as the prime contractor.      Committee(s):  - None      Pro(s):  - Moving the playground will allow for NCDOT to expand the community center parking  area.  - New playground equipment and basketball court will extend the lifespan of these  amenities.  - The playground, basketball court, and new meeting space will be fulfilling mitigation  strategies outlined in the Neighborhood Plan by improving community infrastructure.     Con(s):  - Impacts to the community center during construction.    Fiscal Impact:  - $410,000 was originally budgeted for the construction portion of this project in the  adopted Capital Improvement Program (CIP). The Department will use an additional  $160,000 of 2024 General Obligation Bond funding to fully fund the project.      Dewayne Barton offered the Burton Street community’s support to make sure that their  neighborhood plan is fulfilled. He asked that they be included in conversations regarding any  work around the Burton Street community.     City Attorney Branham responded to Council regarding construction contracts and the  requirements under State law for awarding them.     In response to Councilwoman Roney regarding if Council can take action on construction  contracts based on the disparity study, City Attorney Branham said that the disparity study will  allow us to set sub-contracting goals; however, with construction contracts, a contractor may  exercise due diligence and good faith efforts to find a minority or women owned sub-contractor. If  they are unable to do so, they cannot be compelled to comply with the ABI sub-contracting goals.  The City is currently building the capacity for Minority & Women-Owned Business Enterprises  (MWBE), but this takes time.     In response to Councilwoman Roney, Mr. Dundas said that in our construction contracts  we typically identify 10% for contingency and it is fairly unusual for staff to come back to Council  for additional funds, unless the scope of work changes or an unidentified item in the project.            After a brief discussion, City Manager Campbell said that at an upcoming agenda  briefing, staff will update Council on its contracting procedures and look at the disparity study and  the aggressive way we are trying to recruit more MWBE participation.","c":"Zoning & Land Use","mo":"individual","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2025-01-14","mt":"regular","id":"II-J","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. statute","desc":"Background:  - Buncombe County currently bills and collects City property taxes  - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax   collection agreement with Buncombe County to ensure that it fully conforms to the  provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue  Act.  - As part of that compliance, the City Council must, on a monthly basis, approve all  property tax releases and refunds that have been approved by the Buncombe County  Board of Commissioners.  - City of Asheville refunds and releases for November 2024 are included in the document.     Pro(s):  - Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.     Con(s):  - None    Fiscal Impact:  - None.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-01-14","mt":"regular","id":"II-K","ref":"RES 25-13","it":"resolution","t":"Resolution increasing the membership of the Asheville Housing Authority from seven to eleven commissioners","desc":"Background:  - The Asheville Housing Authority was established by the Asheville City Council via  resolution adopted on May 30th, 1940.  - The original membership of the Asheville Housing Authority was set at five  commissioners.  - The City Council has authority, pursuant to N.C.G.S. § 157-7(c) to increase the  membership by resolution or ordinance.  - On July 27th, 2021, the Asheville City Council increased the membership to seven  commissioners.  - The City Council may increase the number of commissioners of the authority up to  eleven.     Vendor Outreach Efforts: NA     Committee(s):  - NA    Pro(s):  - Increasing the membership of the commission will enhance the capacity of the Authority  to perform its duty of providing safe and sanitary dwelling accommodations for persons of  low income.     Con(s):  - None    Fiscal Impact:  - None","c":"Housing","mo":"consent_batch","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-01-14","mt":"regular","id":"IV-A","ref":"RES 25-7","it":"public_hearing","t":"Resolution authorizing a contract with the Asheville Downtown Community Improvement District for downtown Business Improvement District services","desc":"Assistant City Manager Ben Woody said that this is the consideration of a resolution  authorizing the City Manager to execute a contract with the Asheville Downtown Improvement  District for delivery of downtown Business Improvement District services. This public hearing  was advertised on January 3 and 11, 2025.    Background:  - The City Council is authorized to establish a Municipal Service District, also known as a  “Business Improvement District” (hereinafter referred to as a “BID”) pursuant to N. C.  Gen. Stat. 160A-537.  - A BID is utilized in order to finance, provide, or maintain, within the defined district,  certain  services, facilities, or functions in addition to, or to a greater extent, than those already  provided  - to the entire City.  - City Council voted at their May 13, 2024 and June 11, 2024 City Council meetings to   establish a BID boundary (roughly aligned with the central business district) and tax rate  of .0877 per $100 assessed valuation of taxable property.  - The establishment of the boundary and associated tax was included in the approved FY  2024-2025 budget and tax rate ordinance.  - On June 11, 2024, City Council also passed a resolution outlining desired BID services,  reporting and engagement requirements for the BID Operator as well as the  governance/advisory structure to be implemented.  - The elements outlined by City Council were incorporated into the Scope of Work for BID  Operator Request for Proposals (RFP).  - Prior to launching the RFP, City staff sought input from those who live, work, and visit  downtown, to help further shape the service needs and priorities for the district based on  the following focus areas defined by City Council:  - Safety & Hospitality: Ensuring a welcoming and secure environment for everyone  - Enhanced Cleaning: Keeping our downtown clean and well-maintained  - Special Projects: Undertaking initiatives that enhance the downtown experience  - The input received through the community engagement process further informed the  scope of services outlined in the RFP.  - The City released the RFP for a BID operator on September 20, 2024. The timeline for  the RFP process, including the submission deadline, was extended due to the impacts of  Tropical Storm Helene. The primary impacts to the process were related to  communications; the extended timeline ensured extensive outreach to prospective  vendors including MWBEs along with additional time for prospective vendors to conduct  sub-contractor outreach and prepare proposals.  - The submission deadline for prospective BID operators was November 13, 2024.  - Proposals were received from the following organizations:  - Asheville Downtown Improvement District (ADID), formerly Asheville  Downtown Community Improvement District, an organization founded         through a partnership between the Asheville Downtown Association, Asheville  Area Chamber of Commerce, and Nexstreet (MWBE) based in Asheville, NC.  - Sally Blagg, LLC, a Minority & Women-Owned Business Enterprise (MWBE),  based in Salisbury, NC. The proposal included involvement of Asheville-based  organizations.  - An evaluation committee made up of City staff from 9 departments along with a  representative from the Asheville Downtown Commission reviewed and scored  proposals.  - The proposal from the Asheville Downtown Improvement District (ADID) was the highest  scored based on the criteria defined in the RFP; staff is recommending that the City move  forward with a contract.  - While no formal changes to the Operator’s Scope of Work have been made, staff believe  the role and services of the BID will be timely and beneficial to both downtown and  broader economic recovery post-Helene. Supporting the success and resilience of  downtown - our region’s center of employment and commerce - is critical to recovery.  - In addition to the Scope of Services already outlined, the ADID team will hire a Business  Resiliency Coordinator to support existing downtown businesses as well as businesses  displaced by Hurricane Helene. The Coordinator will also work with public and private  agencies to leverage small business and emergency recovery resources, and to  coordinate marketing initiatives that support the local economy.  - The proposed initial contract term is for a 3 year period with two optional 1-year renewals.  As with all City contracts, lack of performance can be a cause for termination or  corrective action.  - The Asheville City Council maintains the final authority to approve the annual BID Budget  and set the yearly tax rate.     Vendor Outreach Efforts:  - Staff conducted outreach to all MWBE vendors registered with the City of Asheville that  provide services related to management, economic development, and waste  management as well as additional outreach to local businesses and organizations. Prime  contractors were also required to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services.  - A pre-proposal meeting was held on September 26, 2024 with 11 attendees.  - Proposals were received from the following organizations:  - Asheville Downtown Improvement District (ADID), an organization founded  through a partnership between the Asheville Downtown Association, Asheville  Area Chamber of Commerce, and Nexstreet (MWBE). ADID is based in  Asheville, NC.  - Sally Blagg, LLC, a Minority & Women-Owned Business Enterprise (MWBE),  based in Salisbury, NC. The proposal included involvement of Asheville-based  organizations.      Committee(s):  - August 30, 2024 - Downtown Commission - Staff provided updates on the process of  BID implementation, including results of public engagement, the updated scope of work  and an overview of the forthcoming RFP process to select a service provider. The DTC         unanimously approved a motion to recommend that staff continue with the RFP process  with additional details that were subsequently incorporated.  - September 9, 2024 - Planning and Economic Development Committee - staff  provided updates on the process of BID implementation, including results of public  engagement, the updated scope of work, recommendations from the Downtown  Commission and an overview of the forthcoming RFP process to select a service  provider.     Pro(s):  - The BID provides additional funding to meet the demonstrably greater need for certain  services, facilities, and functions within the downtown district.  - Executing a contract for services is a critical step toward implementation.  - Per state requirements, the City shall provide, maintain, or let contracts for the services   for which the payers of the district are being taxed within a reasonable time, not to  exceed one year, after the effective date of the establishment of the district (by June 30,  2025). Authorizing staff to execute this contract keeps the City in alignment with this  schedule.     Con(s):  - None at this time.    Fiscal Impact:  - Funding for this contract comes directly from the established tax within the defined BID  boundary. The annual assessment rate is 0.0877 per $100 of taxable value.      Assistant City Manager Ben Woody said the following key takeaways from his  presentation are (1) As of July 1, 2024, following City Council authorization, a Business  Improvement District was established in the downtown area with a tax rate of .0877 per $100  assessed valuation of taxable property and annual budget for fiscal year 2024-2025 of  $1,250,000; (2) City Council directed staff to administer a competitive process to contract with a  Service Provider/Operator to deliver services (supplemental to what the City provides) that  support enhancements for downtown; (3) The City administered a Request for Proposals (RFP)  and evaluation process that reflected community and Council priorities identified for the district,  and recommends moving forward with a contract; (4) Staff is seeking City Council authorization to  execute a contract with the highest scoring proposal (a partnership between the Asheville  Downtown Association, Asheville Chamber of Commerce and Nexstreet) as the BID Operator;  and (5) The contracted BID Operator will be responsible for regular reporting to City Council and  the public, as well as data-tracking and public engagement to evaluate effectiveness of services.     The following are the scope of services (1) Safety, Hospitality and Cleanliness via  Community Ambassador Team (a) Will not function as security or law enforcement, nor carry  weapons of any kind; (b) Training to include: anti-racism, de-escalation, harm-reduction, mental  health first aid, training with city operational departments and other agencies, participation in  outreach coordination group; (c) Engagement Hospitality and Assistance; and (d) Enhanced  Cleanliness and Maintenance; (2) Reporting, Data Collection and Community Input (a) Tracking  of requests and services to be reported on an on-going basis via software tool; (b) Quarterly  reports to City Manager and Downtown Commission; (c) Annual report and presentation to City  Council; (d) Input regarding services to be sought 2x per year; and (e) Reports and data to be  publicly available; NC public records and open meetings laws will be followed for work associated  with operations of the BID; (3) Business Resiliency - Coordinator to be hired to support  businesses impacted by Helene and serve as liaison for navigating recovery resources; and (4)  Special Projects - Beautification, neighborhood identification, holiday decorations, public art.            Regarding the statutory compliance and governance, (1) Annual Cost Proposal -  submitted annually including all admin, expenses and overhead along with revenues from  non-City sources; (2) Accounting of Funds - presented at the end of each fiscal year in June  along with a presentation and report to City Council; to be preceded by input regarding service  needs for the upcoming year; (3) Annual City Budget Allocation - Asheville City Council maintains  final authority to approve and/or modify the annual BID budget and set the yearly tax rate as part  of its annual budget adoption process; and (4) Steering Committee/Board - responsible for  overseeing and managing the operations and delivery of services in alignment with the scope of  work (a) Will follow representation requirements previously established; (b) The application,  nomination and appointment process will be transparent and subject to public records and open  meetings laws; (c) City Council may accept nominations or request alternate nominees are  submitted; and (d) All applications will be available to the public.     Mr. Woody said that regarding the BID operator RFP evaluation, (1) Outreach to all  registered MWBE vendors that provide services related to management, economic development,  and waste management. Additional outreach to local businesses and organizations; (2) Prime  contractors were also required to reach out to Minority & Women-Owned Business Enterprise  (MWBE) service providers for subcontracted services; (2) A pre-proposal meeting was held on  September 26, 2024 with 11 attendees; and (4) Proposals were received from the following  organizations: (a) Asheville Downtown Improvement District (ADID), an organization founded  through a partnership between the Asheville Downtown Association, Asheville Area Chamber of  Commerce, and Nexstreet (MWBE). ADID is based in Asheville, NC; and (b) Sally Blagg, LLC, a  Minority & Women-Owned Business Enterprise (MWBE), based in Salisbury, NC. The proposal  included involvement of Asheville-based organizations.     Mr. Woody then went through the BID Operator RFP evaluation. The evaluation  committee was comprised of the following City representatives - Economic  Development/Business Inclusion; Sustainability; Public Works; Planning & Urban Design;  Homeless Strategies; Fire/Community Responders; Asheville Police Department; Neighborhood  Enhancement; and the City Manager’s Office. The evaluation committee also included one  Downtown Commission member. Asheville Downtown Improvement District (ADID) scored the  highest.The proposed budget is $1,250,000, in which he showed the income and expenses.     Regarding operations team recruitment and hiring, (1) Recruitment (a) MWBE  engagement; and (b) Preference for prior experience; (2) Full Employer-Paid Benefits -  Healthcare, Vision, Dental, 401K, PTO, Advancement Opportunities, Training; (3) Schedule (a)  Initial operational hours will be 9 am to 11 pm, and (b) Operational hours may be adjusted based  on need and may vary seasonally; and (4) Compensation -        Role Rate Range   Supervisor $23 - $25/hour   Ambassador I $18 - $20/hour   Ambassador II $20.50 - $22/hour   Power Washer $20.50 - $22/hour         Painting/Graffiti Specialist $20.50 - $22/hour        The following are the dates of the implementation of services: January 14, 2025: City  Council considers contract; January 31, 2025: Contract executed with service provider;  February/March, 2025: Hiring and training of BID staff; March 2025: Initial services launched (a)  Initial services to include: engaging businesses, hiring staff, and board selection and approval;  and (b) Anticipated start of April 1 for on the ground services to begin; March/April, 2025: Service  Provider reports activities and accomplishments to City Manager’s Office and Downtown  Commission - Will include reporting on the launch of the Asheville Downtown Improvement  District Program; June 2025: BID services fully operational; and June 2025: Service provider  reports activities and accomplishments to City Council.     Mayor Manheimer opened the public hearing at 7:06 p.m.     Two individuals spoke in support of the BID and the BID operator.     Five individuals were concerned about the composition of the BID Steering Committee,  and urged Council to revert back to the one-year term and open up the competitive RFP process  again with the contract term of three years.     Mayor Manheimer closed the public hearing at 7:21 p.m.     Mr. Woody said that the initial expectation was for a one year term, with two one-year  extensions. He explained that we put out the RFP on September 20 and allowed extensions in  the submittal process in order for a deeper pool of vendors. However, we found that the people  interested in the contract were concerned about a one-year contract since it takes a lot to  purchase equipment and hire people for only one-year. The City then extended the contract term  to three-years to give vendors some confidence that they had time to hire and purchase  equipment . That said, if the contractor does not perform, the City can terminate the contract if  we run into a performance issue. City Attorney Branham also noted that Council retains annual  authority on the funding over the BID. If there is an issue, Council has the right to set a zero tax  rate and the BID would be unfunded, regardless of the contract.     Councilwoman Roney said that after revisiting Council’s working agreements, she can  imagine that it’s no surprise that she respectfully disagrees with this proposal, and she continues  to have concerns that a BID is fundamentally the wrong tool for the serious issues we face.  Additionally, (1) more than ever, it taps tax payers and commercial/residential renters of  $1.2-million funding through a new tax; (2) it doesn’t secure living wage jobs which is $22.10-hour  minimum; and (3) it doesn’t deploy qualified professionals trained in mental health, behavioral  health, homelessness response, and opioid poisoning–real issues that still require real funding  and uniquely qualified professionals. That said, she finds herself with the fiscal and social  responsibility to consider remaining solutions. It appears at last available is to redirect these  resources to a municipal service district with dedicated sanitation, arborist, and behavioral health  services for downtown with a goal for the 24-7 services our community needs.     In response to Councilman Hess, City Attorney Branham reiterated that we have built in  language reserving the Council the financial strength to change the funding every year to set the  tax rate. He explained that the BID cannot supplant any services, but the services can be  expanded. As long as it’s a supplement service, then it falls within the project scope of  allowance.            Executive Director of the Asheville Downtown Association Haden Plemmons said that  they would look to hire folks with lived experience or poverty, and will partner with workforce  development group programs that already exist.    Mayor Manheimer said that members of Council have previously received a copy of the  resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Ullman","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2025-01-14","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing on zoning text amendments to Chapter 7 (ORD 5113) - motion to continue to January 28, 2025","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2025-01-14","mt":"regular","id":"VI-A","ref":"RES 25-8","it":"appointment","t":"Resolution appointing Dr. Caitlin Crossett to the unexpired term on a board/commission","desc":"Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the  consideration of appointing a member to the Asheville-Buncombe Air Quality Agency Board.           Evan Couzo resigned as a member of the Asheville-Buncombe Air Quality Board   effective November 14, 2024, thus leaving an unexpired term to July 1, 2026.    The following individuals applied for the vacancy: Dr. Caitlin Crossett and Mrs. Sarah K.   McGonigal.    The Chair and staff liaison of the Asheville-Buncombe Air Quality Agency Board   recommended to appoint Dr. Caitlin Crossett.","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"no material signals","sq":13},{"d":"2025-01-14","mt":"regular","id":"VI-B","ref":"RES 25-9","it":"appointment","t":"Resolution appointing members; motion to appoint Jan Davis (second seat after tie ballot)","desc":"Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the  consideration of appointing members to the Alcoholic Beverage Control (ABC) Board.     The terms of Max Haner and Nian Avery, as members on the ABC Board expired on  November 12, 2024.     The following individuals applied for the vacancy: David Angelus, Kevin T. Blanton,   Kenneth Ray Bussey Jr., Kimberly Collins, Patrick Fox, Brian Douglas Haynes, Susan Kelly,  Michael Pesant and Andrew McNair Tyson.     The Chair of the ABC Board does not recommend reappointment of Nian Avery as Mr.   Avery is ineligible due to lack of attendance. The Chair and staff recommended appointment of  Kimberly Collins, Michael E. Pesant or Jan Davis.     After each Council member voted for the first seat, Kimberly Collins received 4 votes,   Michael Pesant received 2 votes and Jan Davis received no votes. Therefore, Kimberly Collins  was appointed to serve a three-year term, term to expire November 12, 2027, or until Kimberly  Collins’ successor has been appointed.     Each Council member then voted for the second seat with Michael Pesant and Jan Davis   each receiving three votes. Councilwoman Ullman then moved to appoint Jan Davis to serve a  three-year term, term to expire November 1, 2027, or until Jan Davis’ successor has been  appointed. This motion was seconded by Councilman Hess and carried unanimously.","c":"Boards & Appointments","mo":"individual","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"no material signals","sq":14},{"d":"2025-01-14","mt":"regular","id":"VI-C","ref":"RES 25-10","it":"appointment","t":"Resolution appointing alternate members; reappoint Michael Luciano as alternate member","desc":"Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the  consideration of appointing alternate members to the Board of Adjustment.     The term of Michael Luciano (alternate) on the Board of Adjustment expires on January  21, 2025. In addition, John Kledis (alternate) and Wendy Tabb (alternate) have resigned, thus         leaving two unexpired terms until January 21, 2027. Also, Andrew Garrard (alternate) has  resigned, thus leaving an unexpired term until January 21, 2025.     The following individual applied for the vacancies: Bill Roberts.     The Chair and the staff liaison recommended to reappoint Michael Luciano; and  re-advertise for the remaining alternate seats, as the alternate seats must be City residents and  Mr. Roberts is not.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"no material signals","sq":15},{"d":"2025-01-14","mt":"regular","id":"VI-D","ref":"RES 25-11","it":"appointment","t":"Resolution appointing members; appoint Robert Mays to serve an unexpired term","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"no material signals","sq":16},{"d":"2025-01-14","mt":"regular","id":"VI-E","ref":"RES 25-12","it":"appointment","t":"Resolution appointing a member; reappoint Chris Pelly to the Metropolitan (Planning) board","desc":"Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the   consideration of appointing a member to the Metropolitan Sewerage District Board..     The term of Chris Pelly expires on January 19, 2025.     No individuals applied for the vacancy.","c":"Boards & Appointments","mo":"individual","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1BDSeG7uh6LTkBkL9_1WI4TlrcNvUAGTy/view?usp=drive_link","mat":0,"mr":"no material signals","sq":17},{"d":"2025-01-28","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held January 9, 2025, and the formal meeting held January 14, 2025","desc":"Background:  - The Development Services Department (DSD) utilizes the Selectron Atlas Insight  software as a web-based field workforce management tool that brings all  inspection requests into a single, map-based view to allow for tracking results and  assigning inspections.  - DSD entered into a contract with Selectron Technologies in 2021, with an initial  five-year term. The contract also includes an automatic renewal clause that  renews the contract for one-year terms following the initial term, unless one of the  parties notifies the other in advance of their intent not to renew.  - The initial term of the contract obligated the City to pay $90,000+.  - DSD is therefore requesting that Council ratify this contract and all previous   spending under the contract, which has been $69,000, plus authorizing an  additional $46,000 to cover the end of the initial five-year term, for a total of up to  $115,000 to be spent on this contract.  - The past spending under this contract has been as follows: $23,000 Annually for  the past 3 years per the terms of the contract and services provided. The future  spending would be for $46,000, which will be dispersed in two $23,000 annual  payments one for this year 2025, and the second $23,000 for next year 2026, per  the terms of the contract..  - If approved, the amount of future spending authorized would continue to be paid  from the Development Services Department Technology Fund administered by  ITS.  - DSD intends to alert Selectron of its intent not to renew the contract after the initial  term expires and not use any of the potential renewal periods. DSD then intends  to engage in competitive procurement to select a vendor for the period after the  initial contract term expires.     Vendor Outreach Efforts:  - At the time of original contracting Selectron was the only software vendor that   provided this necessary addition to the Accela Permitting platform. While  investigating this type of solution Selectron, a known vendor, and Accela partner  identified that they recently developed such a product. Additional vendor outreach  and a letter provided from Accela confirmed this was the only product of its kind at  the time, and the only partner Accela permitting software was using.      Committee(s): N/A    Pro(s):  - Allows uninterrupted services for permitting, maintains inspection planning  efficiency.     Con(s):  - None.     Fiscal Impact:  - The remaining contract term will be funded from the Development Services  Development Technology Fund, which utilizes revenues from the 4% technology  fee applied to most development fees. The previous 3 years of spending was  funded through the DSD Technology Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-01-28","mt":"regular","id":"II-B","ref":"RES 25-14","it":"resolution","t":"Resolution ratifying a contract with Selectron Technologies and authorizing future spending","desc":"Technologies in 2021, with an initial  five-year term. The contract also includes an automatic renewal clause that  renews the contract for one-year terms following the initial term, unless one of the  parties notifies the other in advance of their intent not to renew.  - The initial term of the contract obligated the City to pay $90,000+.  - DSD is therefore requesting that Council ratify this contract and all previous   spending under the contract, which has been $69,000, plus authorizing an  additional $46,000 to cover the end of the initial five-year term, for a total of up to  $115,000 to be spent on this contract.  - The past spending under this contract has been as follows: $23,000 Annually for  the past 3 years per the terms of the contract and services provided. The future  spending would be for $46,000, which will be dispersed in two $23,000 annual  payments one for this year 2025, and the second $23,000 for next year 2026, per  the terms of the contract..  - If approved, the amount of future spending authorized would continue to be paid  from the Development Services Department Technology Fund administered by  ITS.  - DSD intends to alert Selectron of its intent not to renew the contract after the initial  term expires and not use any of the potential renewal periods. DSD then intends  to engage in competitive procurement to select a vendor for the period after the  initial contract term expires.     Vendor Outreach Efforts:  - At the time of original contracting Selectron was the only software vendor that   provided this necessary addition to the Accela Permitting platform. While  investigating this type of solution Selectron, a known vendor, and Accela partner  identified that they recently developed such a product. Additional vendor outreach  and a letter provided from Accela confirmed this was the only product of its kind at  the time, and the only partner Accela permitting software was using.      Committee(s): N/A    Pro(s):  - Allows uninterrupted services for permitting, maintains inspection planning  efficiency.     Con(s):  - None.     Fiscal Impact:  - The remaining contract term will be funded from the Development Services  Development Technology Fund, which utilizes revenues from the 4% technology  fee applied to most development fees. The previous 3 years of spending was  funded through the DSD Technology Fund.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-01-28","mt":"regular","id":"II-C","ref":"RES 25-15","it":"resolution","t":"Resolution authorizing an amendment to the contract with Biltmore Farms Hotel Group for lodging for essential employees and first responders","desc":"Background:  - The City of Asheville had a need to reserve lodging for employees and out-of-area  resources who were essential to TS Helene emergency response efforts.  - The City outreached and engaged with multiple vendors throughout the area to provide  these services.  - These included law enforcement officers from Raleigh PD, Cary PD, Greensboro PD,  Winston-Salem PD, Renfrow Security Group, out-of-area Search and Rescue Units,  Drone Pilots and K-9 Units.  - The number of rooms the City reserved at each location was dependent upon power,  water, and internet capabilities; available staffing; and the number of available rooms at  each property.  - Biltmore Farms Hotel Group (Hampton Inn & Suites) was made available to Asheville City  Police and out-of-area law enforcement personnel critical to search, rescue and recovery  efforts.  - Once lodging was secured, some out-of-area resources maintained lodging longer than  initially anticipated.     Vendor Outreach Efforts:  - Staff performed outreach to a variety of businesses through phone and email solicitation  the weekend of 9/27/24 to 9/29/24.  - The City was able to connect with and ultimately reserve lodging–to varying degrees–at  all of the properties that answered the calls and emails.      Committee(s):  - N/A    Pro(s):  - Fulfilled required needs and provided lodging to essential first responders.    Con(s):  - None    Fiscal Impact:  - This contract amendment adds $72,009.70 to the existing contract, for a total of  $372,009.70. It is expected to be fully eligible for FEMA reimbursement and is budgeted  in the Special Revenue Fund.","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-01-28","mt":"regular","id":"II-D","ref":"RES 25-16","it":"resolution","t":"Resolution of support to enter into a memorandum of understanding with the French Broad River Metropolitan Planning Organization","desc":"Background:  - The City of Asheville is part of the French Broad River Metropolitan Planning  Organization (FBRMPO), which includes nineteen other jurisdictions within the  five-county Metropolitan Planning Area (as defined by federal law) and the North Carolina  Department of Transportation (NCDOT).  - The FBRMPO oversees a cooperative, comprehensive, and continuing transportation  planning process within the Metropolitan Planning Area. This includes developing the  area’s Unified Planning Work Program, which describes regional transportation planning  activities undertaken by the MPO, and the Long Range Transportation Plan, which  reflects and responds to the comprehensive growth and development plans and  transportation plans of member jurisdictions and the NCDOT.  - The MPO is also responsible for determining the formula to allocate/distribute annual  federal transit funds to the transit systems in the region.  - The City of Asheville Transit Division, as the “Designated Recipient,” administers  those funds on behalf of the region’s transit systems.”  - While there is no specific requirement regarding how often an MPO’s Memorandum of  Understanding (MOU) should be updated, it is generally good practice to update it when  the Metropolitan Planning Area boundary changes or when jurisdictional changes occur.  Following the 2020 Census, minor changes to the MPO’s boundaries occurred; therefore,  the MPO determined that an MOU review and update would be appropriate.  - The MOU clarifies the roles, responsibilities, and working arrangements necessary for  continuing, comprehensive, and cooperative transportation planning processes. The  document also describes the organizational framework, decision-making processes,  voting structure, funding and resources, MPO planning duties, compliance requirements,  and termination conditions.  - Two members of the City of Asheville's Council are voting members of the MPO's  governing board, and two members of the Transportation Department serve on the  MPO's Transportation Technical Committee.  - The MOU does not include specific amounts for dues that each jurisdiction is responsible  for, as this changes periodically. The City’s current FY25 MPO dues are $30,620 and are  budgeted annually in the Transportation Department’s Operating Budget. The MPO has  indicated that the FY26 dues will remain unchanged.   Vendor Outreach Efforts:  - NA      Committee(s):  - NA    Pro(s):  - The City of Asheville will remain part of the regional transportation planning efforts to  provide transportation projects efficiently and effectively.     Con(s):  - None    Fiscal Impact:  - The City of Asheville pays annual dues to remain a Metropolitan Planning Organization  FBRMPO member. The dues for Fiscal Year 2025 will be $30,620.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-01-28","mt":"regular","id":"II-E","ref":"RES 25-17","it":"resolution","t":"Resolution ratifying the contract renewal and increase with Via Transportation Inc. for transit services","desc":"- With Via Transportation Inc. for Transit Scheduling and Planning Software by $26,000 for  a total contract amount of $115,500 for the final option year; and  - With Urban Transportation Associates, Inc. for Automatic Passenger Counter Software by  $37,128 for a total contract amount of $94,979 for the final two option years.     Background:  - This action ratifies the contract renewals for remaining option years and authorizes the  City Manager to increase the existing contract amounts as follows:  - With Via Transportation Inc. for Transit Scheduling and Planning Software by  $26,000 for a total of contract amount of $115,500 for the final option year; and  - With Urban Transportation Associates, Inc. for Automatic Passenger Counter  Software by $37,128 for a total contract amount of $94,979 for the final two  option years.  - Contract with Via Transportation Inc.:  - Provides planning software to assist transit division staff in designing ART bus   routes, develop driver schedules, and use data to make Asheville Rides Transit  (ART) services more reliable.  - Contract with Urban Transportation Associates, Inc.:  - Delivers cloud-based Automated Passenger Counter (APC) system that   automatically counts passengers boarding and leaving each bus.  - Provides real-time data that helps transit division staff improve bus schedules,   service and meet federal reporting requirements.  - Both original contracts expired on December 31, 2024 prior to staff being able to renew   both contracts and execute the allowable option years included in each contract.  - For the Via contract, renewal would consist of the fifth and final year of the   contract.  - For the Urban Transportation Associates contract, renewal would consist of the   sixth and seventh years of the contract.  - City Council action is required due to the contracts exceeding the $90,000 threshold with   the option years executed.     Vendor Outreach Efforts:  - N/A. These are current contracts.      Committee(s):  - None     Pro(s):  - Supports the continuation of current/existing public transit services.  - Ensures sufficient funding to continue utilizing both critical transit operations software   platforms.    Con(s):  - None    Fiscal Impact:  - This resolution ratifies the renewal of the contract for the fifth and final year of the existing  contract with Via Transportation Inc. for transit related software. (Ratification needed  because the original contract has expired).  - The action adds $26,000 to the existing contract for a total contract amount of  $115,500.  - City Council action is required due to the contract exceeding the $90,000  threshold in its fifth and final year.  - This resolution ratifies the renewal of the contract for the fifth and final year of the existing  contract with Urban Transportation Associates, Inc. for transit related software.  (Ratification needed because the original contract has expired).  - The action adds $37,128 to the existing contract for a total contract amount of  $94,979.  - City Council action is required due to the contract exceeding the $90,000  threshold with the option years executed.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-01-28","mt":"regular","id":"II-F","ref":"RES 25-18 / ORD 5113","it":"resolution","t":"Resolution authorizing an amendment to the contract with Hagerty Consulting Inc. for Helene recovery management services, and budget amendment","desc":"Background:  - Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene, and a predecessor heavy rain  event. A state of emergency has been in place in Asheville since September 25th in  relation to these damaging storms.  - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.  - In responding to this crisis, the City of Asheville entered into emergency contracts to  address the needs of the community when those needs exceeded the capacity of City  staff. Under one such contract, the City engaged Hagerty Consulting, Inc., for recovery  management services.  - That contract was ratified by the City Council on November 12, 2024.  - The scope of work is intended to be flexible and scalable, allowing the City of Asheville to   activate services as needed based on the specific requirements of disaster response and  recovery related strategies.  - The scope of work includes capacity and support to the City in working with specific  federal agencies to maximize access to direct financial reimbursement, grant support,  and technical assistance.  - The federal agencies referenced in the scope of work are: the Federal Emergency  Management Agency (FEMA) (Public Assistance, Individual Assistance, Hazard  Mitigation), U.S. Department of Housing and Urban Development (HUD), and the Federal  Highway Administration (FHWA) and Federal Transit Administration (FTA) disaster  recovery programs.  - To-date Hagerty Consulting’s support resulted in the obligation of $6.4 million to the City  for Expedited Category A (Debris) expenses and $3.5 million for Expedited Category B  (Emergency Protective Measures) expenses.  - Ongoing work will focus on maximizing cost recoverable opportunities and funding  resources to support the City’s infrastructure, housing, and economic recovery efforts.  - Some of the planned activities for the next six months includes:  - Assisting staff in formulating and submitting FEMA Public Assistance Projects for   reimbursement.  - Developing a process for managing recovery capital projects from intake to   compliance to support maximum cost recovery, transparency and minimize  demands on staff time required to manage federal funding compliance.  - Supporting the implementation of a comprehensive Debris Management Work  Plan including private and commercial property debris removal, completion of  right-of-way debris removal, and debris cleanup in waterways.  - Assisting staff through training, technical assistance and grant writing for Hazard  Mitigation Assistance funding opportunities, including Building Resilience  Infrastructure Communities (BRIC) grants.  - Additionally, given the expertise of the Hagerty team including former U.S. Department of  Housing and Urban Development (HUD) officials, Hagerty will provide assistance to the  City in developing our HUD-required action plan for the $225 million Community  Development Block Grant - Disaster Recovery (CDBG-DR) direct allocation that was  announced on January 8. The City has 90 total days, including a required 30-day public  comment period, to submit the CDBG-DR action plan to HUD.      Committee(s): None    Pro(s):  - Allows the City to continue to act to address an emergency without delay.     Con(s):  - None, aside from the expenses incurred.     Fiscal Impact:  - This amendment adds $4,994,885 to the contract, bringing the total amount not to  exceed $5,994,885. It is expected that the majority of these funds (approximately $4.0  million) will be reimbursable through the Federal Emergency Management Agency  (FEMA) Public Assistance Program. The remainder will be budgeted as a General Fund  fund balance appropriation, however the City expects that additional revenue sources will  be identified to help offset the remaining expenses.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-01-28","mt":"regular","id":"II-G","ref":"RES 25-19","it":"resolution","t":"Resolution appointing Vice-Mayor S. Antanette Mosley as ex-officio non-voting member of the Buncombe County Tourism Development Authority","desc":"In response to Mayor Manheimer, Finance Director Tony McDowell explained that this  letter is required because we budgeted fund balance in our General Fund and our total fund  balance went down and that was a performance indicator which triggered a follow-up letter to the  state. He noted that based on the wording of the performance indicator, a fund balance decrease  of any amount could require a letter to be submitted.     Mayor Manheimer said that members of Council have been previously furnished with a  copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Economic Development","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-01-28","mt":"regular","id":"IV-A","ref":"ORD 5114","it":"public_hearing","t":"Ordinance amending Chapter 7 of the Code of Ordinances (sections 7-2-4, 7-2-5, 7-12-1) zoning text amendments","desc":"Mayor Manheimer said that this item was discussed and the public hearing was open  and closed on December 10, 2024. This item was then continued to this date. On December 10,  it was the consensus of Council to (1) review the technical amendments that are  non-controversial and will bring our Code into compliance with state or federal law at the January  9 agenda briefing, before the January 14 Council meeting for these to be considered, with a  subject matter expert to be available for questions; (2) bring back to City Council non-substantial  amendments to our Code that conflict with other sections of our Code; and (3) after public  comment, bring back to Council substantial changes that are out of compliance with the State  Building Code or national flood insurance program requirements, i.e., durational, look back period  for calculating substantial improvement and substantial damage, and requirements to elevate  structures following substantial damage.     On January 14, 2025, this public hearing was held.     Interim Public Works Director Amy Deaton said that this is the consideration of an  ordinance to update the UDO sections (Sec. 7-2-4) Conflict or inconsistency with other laws,  covenants, or deed restrictions, (Sec. 7-2-5) Definitions, and (Sec. 7-12-1) Flood protection to  better align existing City regulations with the North Carolina State Building Code and State Model  Flood Ordinance for Special Flood Hazard Areas within the City. This public hearing was  advertised on November 29 and December 6, 2024.    Background:  - Redevelopment of properties in the flood hazard area is regulated by a variety of rules  and ordinances at the federal, state and local level.  - As a result of Tropical Storm Helene there is significant focus on recovery and  redevelopment efforts, especially for flood-damaged properties.  - Current language in the UDO about repair and replacement of buildings in the floodplain  is unclear, leaving the potential for confusion about the requirements for properties  identified as having been substantially damaged.  - In reviewing the 2021 NC Model Flood Damage Prevention Ordinance drafted by the NC  Floodplain Mapping Program and as a result of the Community Assistance Visit  (performed as part of our participation in the National Flood Insurance Program), other  items were identified that need to be included for additional clarification and/or updates to  our floodplain ordinance to aid staff administering the ordinance.  - The recommended modifications to our ordinance will ensure the City remains in good  standing with the National Flood Insurance Program (NFIP) and the Community Rating  System (CRS).  - The NFIP provides federally backed flood insurance protection for property owners that  live in a participating NFIP community. Compliance with this program is required for city  residents to be eligible for federally backed flood insurance.  - A community that does not join the NFIP after being identified for one year as  flood-prone, has withdrawn from the program, or is suspended from it, faces the following  sanctions:  - No resident will be able to purchase federally backed flood insurance.  - Existing flood insurance policies will not be renewed.  - No Federal grants or loans for development may be made in identified flood   hazard areas under programs administered by Federal agencies such as  Housing and Urban Development (HUD), Environmental Protection Agency  (EPA), and Small Business Administration (SBA);  - No Federal disaster assistance may be provided to repair insurable buildings  located in identified flood hazard areas for damage caused by a flood.  - No Federal mortgage insurance or loan guarantees may be provided in identified  flood hazard areas. This includes policies written by Federal Housing  Administration (FHA), Veterans Affairs (VA), and others.  - Federally insured or regulated lending institutions, such as banks and credit  unions, must notify applicants seeking loans for insurable buildings in flood  hazard areas that there is a flood hazard and that the property is not eligible for  Federal disaster relief.  - The longer the city’s ordinances are not clearly aligned with NFIP requirements, the more  risk we place on flood insurance policyholders and their eligibility for flood assistance and  flood insurance as well as our eligibility for public assistance.  - The CRS is a voluntary incentive program that recognizes and encourages community  floodplain management practices that exceed the minimum requirements of the NFIP and  provides discounted flood insurance premium rates for all city residents requiring this  insurance.  - Requiring less than 2’ of freeboard will impact our classification in the CRS program  which could lower our class, meaning instead of a 10% reduction on flood insurance  premiums, policyholders would only receive a 5% reduction.  - To clarify the code, staff recommends:  - simplifying conflicting provisions (Sec. 7-2-4) so they are easier to understand,  - aligning definitions “Substantial damage” and “Substantial improvement” (Sec.   7-2-5) with those that mirror FEMA and the NC State Building Code,  - removing extraneous code that may be confusing (Sec 7-12-1(e)(1)(i)), and  - clarifying that significantly damaged nonconforming properties must meet flood   protection regulations (Sec 7-12-1)(e)(7)(c)), which is a requirement of state  regulations.  - The city’s comprehensive planning, Living Asheville, supports these types of updates that  seek to improve communication: “Promote clear and effective communication between  city residents at all stages of development to ensure development responds to the needs  and goals of affected residents.\"  - Following the January 14th City Council meeting, staff either participated in or arranged  several community or business related meetings to discuss ordinance changes and  address questions. Below are the events attended:  - CIBO on January 17th  - RAD Roundtable on January 17th  - Biltmore Village on January 22nd  - Public Works Building on January 23rd     Vendor Outreach Efforts: NA     Committee(s):  - Planning & Zoning Commission, December 4, 2024 - Approved 6 to 1    Pro(s):  - Supports the goals of the comprehensive plan and priorities of the City Council  - Improved understanding for staff, especially those processing permit applications  - Simplification and clarification of the zoning code for all     Con(s):  - None    Fiscal Impact:  - None     Ms. Deyton said that after discussion by Council, staff was asked for the recent flood  amendments to be placed into 3 categories and brought back before Council. (1) Technical  amendments (a) Nonsubstantive updates; and (b) Does not change permitting process or  conditions; (2) Conflicts (a) Updates and additions to align with State Model Flood Ordinance; and  (b) Revisions to clarify lookback period and historic structures exemption; and (3) Substantive  amendments (a) Maintains the 2’ freeboard requirement; and (b) Non-conforming uses [Sec  7-12-1(e)(7)] is a null clause.    Regarding the floodplain ordinance, (1) Lookback period for calculating substantial  damage - Clarify that the lookback period for calculating substantial damage will remain as  currently administered: 1 year; and (2) Process for historic structures exemption (a) Clarify that  properties with qualifying historic designations may request a variance for exemption from the  elevation requirements through a quasi-judicial review process; and (b) Keeps with the variance  process as currently administered.     Ms Deyton said that following the January 14th City Council meeting, staff either  participated in or arranged several community or business related meetings to discuss ordinance  changes and address questions. Below are the events attended: CIBO on January 17th; RAD  Roundtable on January 17th; Biltmore Village on January 22nd; and Public Works Building on  January 23rd.            She said that (1) Changes to text amendments in Chapter 7 of the Asheville Code of  Ordinances will clear up ambiguity in floodplain regulations within city limits and ensure  compliance with State law and the National Flood Insurance Program (NFIP) regulations; and (2)  Elevation requirements for rebuilding (a) Clarify a requirement to elevate or flood-proof structures  2 feet above base flood elevation; (b) Non-conforming uses [Sec 7-12-1(e)(7)] is a null clause and  does not supersede the NC Building Code requirements; and (c) Supports the public and private  sector ability to receive federal grants and assistance via the NFIP.     In response to Councilman Hess, Ms. Deyton tried to outline the general sentiment from  the outreach meetings, noting that there was not a clear consensus.     Councilwoman Ullman questioned what is the real driver of rebuilding and how is our  ordinance leveraging that.     Councilman Hess said that he would like to take a moment to explain my reasoning  behind my vote on the proposed flood ordinance changes. “This decision has not been easy, and  my concerns for our small businesses remain at the forefront of my mind. I firmly believe that our  state and federal partners need to step up and provide meaningful relief for our business owners  who have been hit hardest by Hurricane Helene. The burden these regulations place on our  businesses is immense, and it’s deeply frustrating to see local business owners, artists, and  entrepreneurs left with few options while corporate interests could stand to benefit.     “While the North Carolina state building code supersedes city ordinances, meaning that  even if the Council allowed rebuilding as is, the state mandates at least a 1-foot elevation above  the base flood elevation (BFE), the reality of this requirement is far more challenging than it  appears. For many of our businesses in flood-prone areas like the River Arts District, complying  with this mandate could mean raising buildings by as much as 10 to 12 feet, given how far below  the BFE they currently sit. Even the 1-foot or 2-foot minimum often cited feels negligible in the  face of this substantial burden.     “At the same time, failure to comply with FEMA guidelines and the National Flood  Insurance Program (NFIP) requirements puts Asheville at risk of losing critical federal funding and  disaster assistance—resources that our city desperately needs to rebuild. This places me - and  us as a Council in a position where our hands are tied. The relief our small business owners  need must come from our state legislature and federal partners.     “ That said, my vote tonight is a reluctant yes. Here’s why: (1) 1.Ensuring Long-Term  Resilience: Even as we advocate for relief for existing businesses, we must also recognize that  future development in Asheville must be resilient. These protections are essential to safeguard  against future disaster s and to ensure that Asheville remains eligible for federal funding and  insurance protections; (2) Collaborative Support for Small Businesses: I am committed to - and I  think we as a council - our committed to working with small businesses in advocating for  assistance through partnerships with the Small Business Administration (SBA), and the disaster  hazard mitigation grant programs to make properties and businesses more resilient; (3)  Acknowledging Limitations: While I think businesses that have been part of our community for  decades should have the opportunity to rebuild under a grandfathering provision, this power lies  beyond our city’s authority. We will continue to advocate for state-level variances that provide  relief for existing businesses while holding new developments to updated standards; and (4)  Recognizing the Limitations of Elevation Requirements: It’s important to note that even with these  requirements, there is no guarantee they will protect against all flooding. Even businesses that  complied with regulations in past floods still suffered substantial damage. This underscores the  need for comprehensive solutions that go beyond elevation requirements.            “Ultimately, my vote tonight is an acknowledgment of the legal constraints we face and  the need to ensure our participation in the NFIP while protecting future development. However, I  remain deeply committed to advocating for meaningful relief for our small businesses and  ensuring that the character and vibrancy of Asheville are not eroded by these changes.”     Councilwoman Roney shared Councilman Hess’ concerns and sentiment about putting  the whole City’s insurance and relief funding at risk is a key factor in my decision.     Councilwoman Ullman asked what risks we would be putting ourselves in if we adopted  the ordinance today, but delayed the effective date, perhaps by one year. City Attorney Branham  said the primary risk is likely that it would be viewed by the National Flood Insurance Program as  the City of Asheville still being out of compliance until the implementation date. He can’t be sure  how much the City would be docked, but possibly a reduction in our current discount rates. In  addition, during that period of time, the State Building Code would still continue to be in effect,  which would apply regardless of our Code. Someone relying on our Code may not know.     In response to Councilwoman Roney regarding the variance for historic structures, Ms.  Deyton said that for buildings designated with a historic designation could obtain an exemption by  going through the variance process. It’s likely that if they meet all the requirements, they would  be granted a variance. City Attorney Branham also noted that the variance process is conducted  through the Board of Adjustment. They would review the variance request and make a  determination. Even though we can’t promise a variance would be granted, the City would likely  not be objecting to the requests, and generally the Board concurs with City staff  recommendations when variances are considered.    Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2025-01-28","mt":"regular","id":"VI-A","ref":"RES 25-20","it":"resolution","t":"Resolution adopting the Asheville City Council 2025 Legislative Agenda","desc":"City Attorney Branham said that this is the consideration of adoption of the Asheville City  Council 2025 Legislative Agenda and direction to share with Asheville’s Local Delegation.    Background:  - The 2025 legislative long session of the North Carolina General Assembly will commence  on January 29th of this year.  - Historically, the City Council has adopted a legislative agenda to provide direction to our  local delegation on those priorities for local or general legislation which the City wishes to  pursue.  - This year’s agenda has been abbreviated in order to draw specific attention and focus to  those items most pressing to the City and relevant to the ongoing recovery efforts, or to  those items most likely to receive legislative attention.  - The remaining ongoing legislative priorities shall continue to be advanced through  alternative channels, and may be included in future agendas.      Pro(s):  - Provides direction to our local delegation on Council’s legislative priorities, and serves as  a starting point for presentation of potential general and local acts which would benefit  the City.     Con(s):  - None    Fiscal Impact:  - This action requires no (additional) City resources and has no fiscal impact.     City Attorney Branham said the following are the key takeaways from his presentation:  (1) The N.C. General Assembly will convene its 2025 Long Session tomorrow; (2) The City  Council Legislative Agenda provides a means of transmitting your shared legislative goals with  our local delegation and the public; (3) This year’s agenda has been modified to add focus on  items of high priority, or which have high likelihood of legislative action; (4) The proposed City of  Asheville 2025 Legislative Agenda is, therefore, comprised only of requests associated with  Helene recovery efforts, and one zoning authority item; and (5) Pre-Existing legislative priorities  will continue to be advanced through alternate channels, and future legislative agendas.     Regarding the NC General Assembly long session, (1) Long Sessions occur in ODD  numbered years, and often encompass the majority of the bi-annual legislative action; (2) The  2025 Long Session will convene on January 29th; (3) Both “Local” and “General” laws can be  considered in the Long Session; and (4) Local bills must be submitted by February 13th or 20th,  and filed by Feb. 27th - March 6th.     He said regarding the City of Asheville Agenda Items, long session priorities, (1) Support  Funding Needs Directly Related to Helene Recovery Efforts (a) 10% Local Match on FEMA  Funded Public Assistance Projects; (b) Local Government Revenue Replacement Funding; (c)  Ongoing Monetary and Related Legislative Support; and (2) Reconsideration of Recent changes  to Local Zoning Authority (SB 382).      Regarding the pre-existing legislative priorities, (1) Pre-Existing Legislative Agenda Items  will remain priorities; (2) Advocacy on these items will continue through alternative channels  including City’s lobbying teams; (3) By limiting this year’s agenda, the City will be able to focus  legislative attention on the items which are most pressing at this time; (4) Previous agenda items  can be included on future agendas; (5) Support Funding Opportunities for Investments in Critical  Local Infrastructure and Services; (6) Support New State Funding to Assist Property Owners with         Reducing Stormwater Pollution; (7) Reform the Local Occupancy Tax Utilization Rules; (8)  Oppose Legislation that Would Limit Reasonable Regulation of Short Term Vacation Rentals; (9)  Support New Legislation and State Funding to Encourage Development of Affordable Housing;  (10) Oppose Legislation that Would Remove or Further Restrict Local Conditional Zoning  Authority; (11) Support Legislation that Would Update Property Taxation to Provide Greater  Protection and Equitable Treatment for Homeowners; (12) Amend the North Carolina Fair  Housing Act to include “Source of Income/Funds” as a Protected Characteristic; (13) Support for  State and Local Reparations Efforts; and (14) Support Legislation that Would Require Online  Short Term Rental Platforms to include a Locally Issued Permit to Complete Rental Listings.     He said the legislative agenda timeline is (1) January 28 - Review and Recommendation  by City Council; (2) January 29 - City Attorney to submit Legislative Agenda to our local  delegation; (3) February 13th - 20th - Deadline for filing of new local bills; and (4) End of Long  Session.     He then reviewed the following long session priorities:     1 - Provide State Funding to cover the 10% Local Share of FEMA funded Public   Assistance Projects and Initiatives - The Federal Government has agreed to provide 90% of  the funding required to complete the eligible Public Assistance rebuilding projects within the City.  These include critical infrastructure and public assets such as roads and bridges, water control  facilities, public buildings and content replacement, public utilities, and parks and recreational  facilities. It remains essential, however, that State funding be provided to cover the remaining  10% of repair and recovery costs associated with these items.  - Support funding for the full local share of rebuilding and replacing these critical public  assets.     2 - Ensure State Helene Recovery Funding Can Be Used for Local Government   Revenue Replacement Grants or Forgivable Loans - The severe economic effects of  Hurricane Helene have been felt by local governments throughout Western North Carolina. The  loss of sales tax revenue and other fees and charges, as well as significant uncertainty regarding  the collection of property taxes, has resulted in a monetary shortfall for the local government  budgets in the affected region. Because of the statutory mandate to adopt a yearly balanced  budget, this revenue shortfall will necessarily result in difficult budgetary actions which will, in  turn, have a highly negative impact on local economies and recovery efforts. In order to balance  budgets by the fiscal year deadline, local governments will likely be forced to cut services, reduce  their workforce, or raise taxes on already struggling North Carolinians. The State Legislature has  already allocated funding for local government cash flow needs. If this funding can be converted  to allow for revenue replacement, then local services, employment rates, and tax rates could be  maintained.  - Support amendments to the allowable uses of new funds, or funds already allocated to  Hurricane Helene Relief efforts, which would permit grants or forgivable loans utilizable  as revenue replacement for local governments.     3 - Provide Ongoing Funding and Support for the Recovery of Asheville and all of   Western North Carolina - In addition to the need for the State to continue its precedent of  providing funding for local match requirements for federally funded disaster reconstruction efforts,  it is essential that State funding and other legislative assistance continue to flow to the areas and  people affected by Hurricane Helene. Local Governments, and the residents they serve, will  depend upon this support for months and years to come, in the form of much needed grants,  loans, local government revenue opportunities, and related legislative action. Continued State         support will allow the City to address the desperate need for housing, improved resiliency of  infrastructure, and personal and economic recovery of our residents and businesses. The City of  Asheville is incredibly grateful for the efforts of the State thus far to support our recovery.  However, a full recovery will take time, and can only be accomplished with the continuation of  State support.  - Support long term additional funding and other legislative actions to advance the full  recovery of Asheville and Western North Carolina.     4 - Support Legislative Amendment or Repeal of recent changes to N.C.G.S   160D-601(d) (Downzoning) - Recently adopted Session Law 2024-57, in part, amended the  existing statutory provisions governing “downzoning.” These changes greatly expanded the  definition of “downzoning,” and for the first time in the State’s history, prohibited nearly all local  government authority to take such action. These changes will significantly impact the ability of  local governments to use the zoning power to adjust to new types of land uses, to amend  outdated development standards, to adjust to changes in jurisdictions, and to comply with State  and Federal requirements to adopt updated maps (such as those dealing with changing flood  planes). Perhaps most pressing to Asheville, and all of Western North Carolina, is that these  recent changes will drastically limit local government ability to adopt needed regulatory changes  to increase the safety and resiliency of areas highly susceptible to damage from future storms  and flooding. Without this ability, the likelihood of future catastrophic loss of lives and property  will remain high.  - Support reconsideration of the recent changes to NCGS 160D-601(d) dealing with  downzoning.      Councilwoman Roney said that we do have other needs in our community at are not  addressed in this legislative agenda. She spoke with educator organizations about funding for  our public schools. There was an ask if we could add that to our legislative agenda. We’ve also  had multiple asks to add very specific housing recovery items in our legislative agenda. Mr.  Geoffrey Barton from Mountain Housing Opportunities outlined that the recovery focus agenda is  about budgets and not people. His four requests were about rental assistance for low-income  households; funding for temporary housing; tenant protections; and state housing tax credit. He  asked that they be included under our priority “Provide Ongoing Funding and Support for the  Recovery of Asheville and all of Western North Carolina” specifically. She would support those  additions to our legislative agenda if Council agrees.     Mayor Manheimer said that the City Attorney is trying to have us keep our legislative  agenda realistic and very focused. The items that Mr. Barton suggested, other than the tax  credits, are all things we can do with CDBG-DR funds, which we have been awarded $225  Million. Hopefully the “Temporary Pause of Agency Grant, Loan and Other Financial Assistance  Programs” Memo does not disrupt that process. Also, it’s unlikely that we will get those kinds of  funds from the state legislature, but rather more from the federal government, which we will be  putting together another aid package in March. We have been having discussions with our  legislators about having revenue loss funding and while she understands that there are so many  worthy things we could include in our legislative agenda, the idea of this legislative agenda is to  keep it very discrete and big picture.     When Mayor Manheimer asked for public comments, none were received.     Mayor Manheimer said that members of Council have been previously furnished with a  copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Mosley","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2025-01-28","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session (privileged/confidential info; attorney-client; personnel)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1ufJTusMDqXtEi5_l8S-fRPWheRK-AcZj/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":9},{"d":"2025-02-11","mt":"regular","id":"II-A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on January 23, 2025, and the formal meeting held on January 28, 2025","desc":"Background:  - A large-scale water system outage occurred at the end of December 2022, beginning of  January 2023 that impacted Asheville’s Water Resources service area, and, as a result of  the water outage, Asheville City Council voted to form a Water Outage Independent  Review Committee (IRC) whose task was to analyze the event and make         recommendations for water system improvements, which would reduce the risk of future  large-scale outages.  - One recommendation from the IRC was to implement an independent valve assessment  of all large transmission main valves within the water system.  - Valve condition assessments within the system have been conducted and will continue to  be conducted by dedicated Water Resources staff. This project will supplement internal  efforts and be utilized to fully satisfy the IRC recommendation.  - This project addresses existing system water valves ranging from 2 to 36 inches and  located throughout the City of Asheville’s Water System.  - Key objectives entail a thorough examination, documentation, and enhancement of the  functionality of the elected water valves.  - The work includes, but is not limited to, collecting GPS attribute data, coordinates &  pictures for each valve, adjusting the height and aligning valve boxes as needed,  exercising and recording the number of turns for each valve, and cleaning valve boxes as  necessary.  - There is no definitive project scope of services for the service provider to complete as  they will be utilized to support and supplement the existing Water Department valve crew  by completing identified tasks as directed and needed.     Vendor Outreach Efforts:  - A qualifications based selection process began on August 13, 2024 by issuance of a   request for proposals with the deadline for submission being September 9, 2024.  - Outreach and engagement followed the City’s business inclusion processes.  - Two proposals were received from:  - Hydromax, LLC - Chandler,IN - Non MWBE  - Wachs Water Services, Inc. - Washington D.C. - Non MWBE  - ABI office audited all proposal documents and noted required compliance.  - A team of pertinent Water Resources Department staff reviewed and scored the   proposals based on specified criteria.  - Due to the type of the proposed contract, bids were not required for the proposals but   submissions did include proposed rate and fee schedules for various tasks, which were  reviewed and scored as part of the submittal criteria.  - Hydromax USA, Inc. received the highest averaged score from the review team and thus  was selected as the most qualified service provider.  - No further outreach was undertaken.     Committee(s):  - None.      Pro(s):  - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system through Capital  Improvement Projects, in order to provide safe and reliable service.  - Awarding the contract would allow the Water Resources Department to complete the  project and satisfy the recommendation from the WOIRC in a timely manner.   Con(s):  - There are no cons associated with entering into this contract.     Fiscal Impact:  - $2,500,000 is the maximum value of the proposed contract as the selected service  provider can be assigned tasks up to but not exceeding that limit.  - The required funds are available within the Water Resources Department Capital  Improvement Project budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-02-11","mt":"regular","id":"II-B","ref":"RES 25-21","it":"resolution","t":"Resolution authorizing the City Manager to execute a services contract with Hydromax USA","desc":"Background:  - A large-scale water system outage occurred at the end of December 2022, beginning of  January 2023 that impacted Asheville’s Water Resources service area, and, as a result of  the water outage, Asheville City Council voted to form a Water Outage Independent  Review Committee (IRC) whose task was to analyze the event and make         recommendations for water system improvements, which would reduce the risk of future  large-scale outages.  - One recommendation from the IRC was to implement an independent valve assessment  of all large transmission main valves within the water system.  - Valve condition assessments within the system have been conducted and will continue to  be conducted by dedicated Water Resources staff. This project will supplement internal  efforts and be utilized to fully satisfy the IRC recommendation.  - This project addresses existing system water valves ranging from 2 to 36 inches and  located throughout the City of Asheville’s Water System.  - Key objectives entail a thorough examination, documentation, and enhancement of the  functionality of the elected water valves.  - The work includes, but is not limited to, collecting GPS attribute data, coordinates &  pictures for each valve, adjusting the height and aligning valve boxes as needed,  exercising and recording the number of turns for each valve, and cleaning valve boxes as  necessary.  - There is no definitive project scope of services for the service provider to complete as  they will be utilized to support and supplement the existing Water Department valve crew  by completing identified tasks as directed and needed.     Vendor Outreach Efforts:  - A qualifications based selection process began on August 13, 2024 by issuance of a   request for proposals with the deadline for submission being September 9, 2024.  - Outreach and engagement followed the City’s business inclusion processes.  - Two proposals were received from:  - Hydromax, LLC - Chandler,IN - Non MWBE  - Wachs Water Services, Inc. - Washington D.C. - Non MWBE  - ABI office audited all proposal documents and noted required compliance.  - A team of pertinent Water Resources Department staff reviewed and scored the   proposals based on specified criteria.  - Due to the type of the proposed contract, bids were not required for the proposals but   submissions did include proposed rate and fee schedules for various tasks, which were  reviewed and scored as part of the submittal criteria.  - Hydromax USA, Inc. received the highest averaged score from the review team and thus  was selected as the most qualified service provider.  - No further outreach was undertaken.     Committee(s):  - None.      Pro(s):  - This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system through Capital  Improvement Projects, in order to provide safe and reliable service.  - Awarding the contract would allow the Water Resources Department to complete the  project and satisfy the recommendation from the WOIRC in a timely manner.   Con(s):  - There are no cons associated with entering into this contract.     Fiscal Impact:  - $2,500,000 is the maximum value of the proposed contract as the selected service  provider can be assigned tasks up to but not exceeding that limit.  - The required funds are available within the Water Resources Department Capital  Improvement Project budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-02-11","mt":"regular","id":"II-C","ref":"RES 25-22 / RES 25-23","it":"resolution","t":"Resolutions authorizing the City Manager to amend the contract with Atlantic Emergency Solutions for heavy truck repair and service to supplement fleet maintenance capacity","desc":"Background:  - The Fleet Management Division of the Public Works Department maintains over 1,000  City owned vehicles and pieces of equipment.  - Contracted work is used to supplement existing staff resources at times of high demand  or to provide services where the Fleet Division does not have suitable facilities or  resources  - Council approved Resolution 24-94 on May 14th, 2024 to enter into a contract based on  Request for Proposals (298-RFP-HDRepair-FY24) advertised in February 2024.  - Atlantic Emergency Solutions Inc was awarded a contract effective 7/1/2024.  - The original Contract amount for the initial (1) one year term to be $50,000 with a   total not-to -exceed contract amount of $150,000 for all 3 years (if both optional  renewals are exercised).  - Since Contract 92500088 went into effect on July 1st, 2024, Fleet has expended  approximately $48,000.00 of the predicted $50,000.00 needed for the initial one  year term.  - A contract amendment is needed in the amount of $50,000 per year, bringing the  total not-to-exceed amount to $100,000 per year, for a total of $300,000 for all 3  years if both optional renewals are exercised.  - Council approved Resolution 24-97 on May 14th, 2024 to enter into a contract based on  Request for Proposals (298-RFP-HDRepair-FY24) advertised in February 2024.  - Cummins Inc DBA Cummins Sales & Service was awarded a contract effective 7/1/2024.  - The original Contract amount for the initial (1) one year term to be $60,000 with a   total not-to -exceed contract amount of $180,000 for all 3 years (if both optional  renewals are exercised).  - Since Contract 92500090 went into effect on July 1st, 2024, Fleet has expended  approximately $43,000.00 of the predicted $60,000.00 needed for the initial one  year term.  - A contract amendment is needed in the amount of $60,000 per year, bringing the  total not-to-exceed amount to $120,000 per year, for a total of $360,000 for all 3  years if both optional renewals are exercised.  - The need for Heavy Truck Repair services has exceeded Fleet expectations.  - Tropical Storm Helene put additional stresses on much of the City’s Trucks and   Equipment causing higher needs for Maintenance and Repair than anticipated.     Vendor Outreach Efforts:  - Fleet staff worked alongside ABI Office throughout the Request for Proposals (RFP) and   Selection process to ensure opportunities were extended to any and all Vendors.  - The RFP was advertised according to City’s ABI and Purchasing Policies and   Procedures.  - Staff performed outreach to minority and women owned businesses through solicitation   processes which include posting on the State’s Electronic Vendor Portal (eVP).  - The Asheville Business Inclusion Office’s list of City Vendors for Outreach was consulted   for any known relevant vendors before the RFP was advertised.  - No Minority and women owned Business Enterprise (MWBE) vendors were identified   during this process.       Committee(s):  - None    Pro(s):  - Allows third party service work as a supplement to in house staff.  - Allows for a quicker and more efficient process in the repair of downed vehicles.  - Returns City vehicles to service in a timely manner.  - Provides flexibility in service delivery without significant capital investment in equipment   or facilities that aren’t used on a daily basis.  - Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple   quotes.  - Maintains a healthy working relationship with the Vendor by ensuring timely payments.     Con(s):  - None    Fiscal Impact:  - Funding for this contract is available in the Fleet Division’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-02-11","mt":"regular","id":"II-D","ref":"ORD 5115","it":"ordinance","t":"Budget amendment (consent item D)","desc":"Background:  - The Street Cut Program is an enterprise fund that: (a) repairs streets when cut by partner  organizations for utility installations and repairs and (b) issues permits for disturbances to  City right-of-way for non-partner entities.  - The Street Cut Fund has several pieces of equipment in need of replacement, including  an asphalt patch truck, a crew cab pickup and excavator.  - The City utilizes debt proceeds in the form of a short-term installment loan to fund the  replacement of Street Cut Fund equipment and then charges the partner organizations  for the debt service on the loan as part of their quarterly billings.  - Funding for the replacement of this equipment was not included in the annual adopted  budget ordinance so a budget amendment is required.      Committee(s):  - None    Pros:  - Replacing equipment that has reached its useful service life will allow for less down time  thus a faster response and repair of streets.     Cons:  - n/a     Fiscal Impact:  - As noted above, the City will fund these equipment purchases through its planned annual  issuance of a short-term installment loan and debt service on the purchases will be paid  for through billings to the partner organizations.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-02-11","mt":"regular","id":"II-E","ref":"RES 25-24 / RES 25-25","it":"resolution","t":"Resolutions authorizing the City Manager to enter into an interlocal agreement with Buncombe County to administer Code Purple funding and a funding agreement with Asheville-Buncombe Community Christian Ministry to provide Code Purple emergency shelter this winter","desc":"Background:  - Code Purple is a longstanding community initiative begun by shelter providers to provide  additional capacity with fewer requirements during extreme weather conditions to ensure  safety and survival for people experiencing homelessness.  - In FY 2024-2025, the City of Asheville and Buncombe County have each budgeted  $50,000 to support Code Purple operations. Buncombe County has requested that the  City administer their matching budgeted funds for Code Purple and has initiated an  interlocal agreement to that effect. Buncombe County funds have already been budgeted  for this purpose.  - The Asheville-Buncombe Continuum of Care has led Code Purple planning efforts and  made recommendations about best use of City and County budgeted funds for Code  Purple, and established an operational plan with Asheville Buncombe Community  Christian Ministry (ABCCM) serving as the primary Code Purple shelter provider.  - At their September 12, 2024 meeting, the CoC Board approved funding as requested by  ABCCM, composed of budgeted City and County general funds and City American  Rescue Plan Act (ARPA) funds.  - Code Purple shelter is typically available beginning October 15.  - ABCCM’s planned location for men was destroyed by Tropical Storm Helene and an   alternate location on 20th Street with comparable capacity was identified for operations  that began in November 2024.  - Due to Tropical Storm Helene, Buncombe County was delayed until January 13, 2025 in  providing the interlocal agreement reflecting this arrangement.  - Code Purple shelter will be available through April 30, 2025 when the temperature is 32  or below, or 33-40 with precipitation. Code Purple events will be called by the Code  Purple Communications Team in accordance with the Code Purple Manual.  - The interlocal agreement will have an effective date retroactive to July 1, 2024 and shall  terminate on June 30, 2025.  - On September 24, 2024, via City Council Resolution 24-217, the City Council approved a  reallocation of $278,000 in ARPA funds from Ramada to Code Purple. Staff  recommends entering into a contract with ABCCM in the amount of $222,000 of ARPA for  Code Purple Services, to augment budgeted funds from the City and County to more fully  support operational costs this winter as recommended by the CoC. The remaining  $56,000 in Code Purple funding will be available for the next Code Purple season  (2025-2026).     Vendor Outreach Efforts:  - Funding opportunity was published on the City’s website, announced at CoC and Code  Purple planning meetings, and distributed to community partners through the CoC  newsletter.      Committee(s):  - Asheville-Buncombe Continuum of Care Board - unanimously voted to approve ABCCM’s  funding request at its September 12, 2024 meeting.     Pro(s):  - Provides essential, life-saving emergency shelter for people experiencing homelessness   during extreme weather  - Facilitates funding partnership with Buncombe County and minimizes administrative   burden on shelter provider    Con(s):  - None noted    Fiscal Impact:  - $100,000 is available in FY 2025 in the Community & Economic Development operating  budget, funded with $50,000 in operating funds and $50,000 in matching funds from  Buncombe County..  - For the remaining cost of $222,000, the City will utilize existing ARPA funding.","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-02-11","mt":"regular","id":"II-F","ref":"RES 25-26","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with TranSystems","desc":"Background:  - The New Haw Creek Sidewalk Project is part of the 2016 Transportation Bond funded  sidewalk improvements.  - This project will install approximately 1 mile of 6’ wide sidewalk along New Haw Creek  Rd. from Beverly Rd. to Bell Rd., where no safe pedestrian facilities currently exist.  - The scope of work also includes over 2,600 linear feet of stormwater pipe, 10,000 square  feet of retaining wall, water line relocation, and complete roadway repaving.  - The City of Asheville entered into a design contract with Mattern & Craig, Inc. in  November 2017 for the engineering and design for sidewalks along New Haw Creek Rd.  - Final permitting, easement acquisition, utility coordination and NCDOT approval have  been completed.  - Due to the lane closure restrictions, and the complications of constructing on an active  roadway, construction is expected to take 18 months, beginning in spring 2025 and  completed by the summer of 2026.  - City of Asheville staff publicly advertised for Construction Engineering and Inspection  services, as required for a professional service selection process on 4/05/2024.  - Three professional engineering submittals were received and evaluated based on their  qualifications, experience and technical approach.  - The evaluation of those submittals, ranked by an evaluation committee, resulted in  TranSystems Corporation being the highest ranked firm.  - Negotiations with TranSystems Corporation resulted in an agreed fee of $299,752.69.  - Construction engineering and inspection must be performed in accordance with North   Carolina Department of Transportation specifications in order for the Department and  FHWA to participate in the costs of a project.     Vendor Outreach Efforts:  - Due to the federal funding involved in this project, the Federal Disadvantaged Business  Enterprises program is being applied only to the construction portion of the project.  - The federally established goal for the construction of this project is 7% participation.  - Site Development Corporation, the contractor constructing the project is achieving 8%   MBE/DBE participation by utilizing Tree of the Life Construction Inc. from Kings Mountain,  NC with concrete sidewalk and curb/gutter installation.      Committee(s):  - None    Pro(s):  - Connection throughout the area, including a school zone, with safe pedestrian facilities.    Con(s):  - Construction impacts to traffic while under construction.    Fiscal Impact:  - Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-02-11","mt":"regular","id":"II-G","ref":"RES 25-27","it":"resolution","t":"Resolution authorizing the City Manager to execute a change order with Garbage Pal Inc.","desc":"Background:  - The City entered into a contract with Garbage Pal LLC on September 28, 2024 to protect  and preserve human health, lives, and safety in the immediate aftermath of Tropical  Storm Helene.  - Garbage Pal provided portable restrooms to many of our public safety first responders  and provided portable restrooms and trash receptacles at the water points of distribution.  - The requested amendment to the existing contract is for $43,790 and will bring the total  contract price to $133,690.  - The requested amendment will pay previously accrued invoices. The contract will be fully  closed out once all remaining invoices are paid.  - All services through this contract have been fulfilled and all equipment has been  demobilized.     Vendor Outreach Efforts:  - Due to the immediate need resulting from the storm, staff reached out to multiple vendors  seeking pricing and availability. The outreach process included contacting multiple  vendors but did not strictly follow business inclusion processes.      Committee(s):  - N/A     Pro(s):  - The need for a clean environment assisting with lack of water resources due to Tropical  Storm Helene.  - Portable facilities in areas facing water shortages provided immediate access to clean  water and sanitation     Con(s):  - N/A    Fiscal Impact:  - It is anticipated that this contract amendment will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-02-11","mt":"regular","id":"II-H","ref":"RES 25-28","it":"resolution","t":"Resolution authorizing the City Manager to amend an agreement with Azteca Systems, LLC","desc":"Background:  - The Cityworks software provides a platform for Water Resources, Public Works, and  Parks & Recreation asset management, work orders, inventory management, and  reporting.  - Cityworks was first selected as a vendor through a competitive selection process in 2016  and is highly integrated with the City’s geographic information system (GIS) program and  includes all major physical assets maintained by Water Resources, Public Works, and  Parks & Recreation (water mains, valves, hydrants, streets, signs, picnic shelters, etc.)  - Cityworks software is used to manage assets and work activities in the wake of Tropical  Storm Helene.  - This software is also utilized to track the use and costs of assets through the preventative  maintenance of assets.  - Amending the current contract will provide a fully hosted product for an additional year.  - The fully hosted option allows for better security, data backup, and disaster recovery.  - The amendment also allows for more efficient management of Water Resources, Public   Works, and Parks & Recreation physical assets and infrastructure.    Vendor Outreach Efforts:  - No outreach was required as this is amending an existing contract.  - The City of Asheville conducted a competitive procurement process for an asset   management software system for both Public Works and Water in 2016 and 2017.  - The asset management system is designed to be used with any other city departments   as needed.  - There are a limited number of vendors providing enterprise asset management software,   and after reviewing all available options, Azteca Cityworks was selected as the best  overall value for the City of Asheville.      Committee(s):  - N/A    Pro(s):  - Amending the current contract will provide a fully hosted product (software as a service)  for an additional year. This allows for better security, data backup, and disaster recovery.  - More efficient management of Water Resources, Public Works, and Parks & Recreation  physical assets and infrastructure.  - Automation of work orders and reporting.    Con(s):  - None           Fiscal Impact:  - Funding for this contract is available in the Water Resources, Public Works, and Parks &   Recreation departmental operating budgets.  - Fiscal Year 2025 Cityworks licensing totaling $116,233.50","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-02-11","mt":"regular","id":"II-I","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. General Statutes","desc":"Background:  - Buncombe County currently bills and collects City property taxes  - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax   collection agreement with Buncombe County to ensure that it fully conforms to the  provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue  Act.  - As part of that compliance, the City Council must, on a monthly basis, approve all  property tax releases and refunds that have been approved by the Buncombe County  Board of Commissioners.  - City of Asheville refunds and releases for December 2024 are included in the document.     Pro(s):  - Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.     Con(s):  - None    Fiscal Impact:  - None.    Suggested Motion:  - Motion to adopt City of Asheville property tax refunds and releases for the month of  December, 2024","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-02-11","mt":"regular","id":"II-J","ref":"RES 25-29","it":"resolution","t":"Resolution to decrease the membership of the Asheville Housing Authority from eleven to nine commissioners","desc":"Background:  - The Asheville Housing Authority was established by the Asheville City Council via   resolution adopted on May 30th, 1940.  - The original membership of the Asheville Housing Authority was set at five   commissioners.  - The City Council has authority, pursuant to N.C.G.S. § 157-7(c) to increase or decrease   the membership by resolution or ordinance.  - On July 27, 2021, the Asheville City Council increased the membership from five to   seven commissioners.  - On January 14, 2025, the Asheville City Council increased the membership from seven to   eleven members.  - The City Council now wishes to decrease the membership to 9 commissioners,   eliminating the seats currently held by Tilman Jackson and Reginald Robinson.     Vendor Outreach Efforts: NA     Committee(s):  - NA    Pro(s):  - Altering the membership of the commission at this time will increase efficiency, and  therefore enhance the capacity of the Authority to perform its duty of providing safe and  sanitary dwelling accommodations for persons of low income.     Con(s):  - None    Fiscal Impact:  - None","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-02-11","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Public hearing to consider amendments to the Unified Development Ordinance (Level III site plan review threshold, parking minimum elimination, and definitions along transit supportive corridors) - continued to March 11, 2025","desc":"DEVELOPMENT OF HOUSING AlONG TRANSIT SUPPORTIVE CORRIDORS","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":0,"mr":"continuance","sq":10},{"d":"2025-02-11","mt":"regular","id":"IV-B-continue","ref":"","it":"public_hearing","t":"Motion to continue the citizen-led zoning text amendment regarding cottage development standards until March 11, 2025","desc":"11, 2025. This motion was seconded by  Councilwoman Tuner and carried on a 4-3 vote, with Vice-Mayor Mosley, Councilwoman Roney  and Councilwoman Smith voting “no.”","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2025-02-11","mt":"regular","id":"IV-B-deny","ref":"","it":"public_hearing","t":"Motion to deny the resident-led proposed amendments to Chapter 7 regarding cottage development standards","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Mosley","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2025-02-11","mt":"regular","id":"IV-B-reconsider","ref":"","it":"public_hearing","t":"Motion to reconsider the motion to deny the citizen-led zoning text amendment regarding cottage development standards","desc":"the citizen-led zoning text amendment  regarding cottage development standards passed on a 4-3 vote, with Vice-Mayor Mosley,  Councilwoman Roney and Councilwoman Smith voting “no.”","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2025-02-11","mt":"regular","id":"IV-C-continue","ref":"","it":"public_hearing","t":"Motion to continue the citizen-led zoning text amendment regarding flag lot standards until March 11, 2025","desc":"11, 2025. This motion was seconded by Councilwoman Tuner and  carried on a 4-3 vote, with Vice-Mayor Mosley, Councilwoman Roney and Councilwoman Smith  voting “no.”     In response to Councilwoman Roney, City Attorney Branham said that on March 11, the  two citizen-led zoning text amendments will be re-considered and Council can choose to re-open  the public hearing; however, there is no legal requirement to do so.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2025-02-11","mt":"regular","id":"IV-C-deny","ref":"","it":"public_hearing","t":"Motion to deny the resident-led proposed amendments to Chapter 7 regarding flag lot standards","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Mosley","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"contested vote","sq":12},{"d":"2025-02-11","mt":"regular","id":"IV-C-reconsider","ref":"","it":"public_hearing","t":"Motion to reconsider the motion to deny the citizen-led zoning text amendment regarding flag lot standards","desc":"the citizen-led zoning text amendment  regarding cottage development standards passed on a 4-3 vote, with Vice-Mayor Mosley,  Councilwoman Roney and Councilwoman Smith voting “no.”","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2025-02-11","mt":"regular","id":"VI-A-budget","ref":"ORD 5119","it":"ordinance","t":"Budget amendment for the total amount of the CDBG-DR allocation","desc":"Community Development Division Manager James Shelton said that this is the  consideration of a resolution authorizing staff to submit an Administrative Action Plan for the  CDBG-DR grant to the U.S. Department of Housing and Urban Development (HUD) in order to  access up to 5% ($11,250,500) of the total allocation to pay for and reimburse the City for  grant-related administrative costs; authorizing the City Manager to execute all documents  necessary to give effect to this resolution; and approving a budget amendment in the amount of  $225,010,000, for the total amount of the CDBG-DR allocation, noting that these funds are  subject to HUD approval of the CDBG-DR Action Plan and are not anticipated to be available for  expenditure until later in calendar year 2025.    Background:  - On January 16, 2025, HUD announced that the City of Asheville will receive a direct  allocation of Community Development Block Grant - Disaster Recovery (CDBG-DR)  funds in the amount of $225,010,000.  - To receive the CDBG-DR funds, the City Council will need to authorize an Action Plan  that provides a concise summary of the programs and activities that will be funded to  address unmet disaster recovery needs. Staff anticipate bringing that Action Plan to  Council for review and approval on April 8, 2025.  - Staff can request access to administrative funds from HUD before submitting the formal  Action Plan. These costs include planning and staffing associated with completing and  implementing the final CDBG-DR Action Plan.  - This request will allow staff to submit an Administrative Action Plan to HUD and access  5% of the total allocation for administrative costs.  - At the same time, this request includes a budget amendment for the total future allocation  of the grant, $225,010,000.  - Receipt of the $225,010 is subject to HUD approval of the City’s CDBG-DR Action Plan  and is not anticipated to be available for expenditure until later in calendar year 2025.  - The City will utilize 5% for administrative costs once HUD approves the Administrative  Action Plan. The remaining funds will not be spent until after the City Council approves  the Action Plan in April and the City Manager executes the grant agreement.     Vendor Outreach Efforts:  - Not applicable      Committee(s):  - None, council committees suspended due to ongoing response to Tropical Storm Helene    Pro(s):  - Allows the city to be more quickly reimbursed for staffing, planning, and general  administration of CDBG-DR related activities     Con(s):  - None       Fiscal Impact:  - This action will approve an appropriation of $225,010,000 to the City’s Special Revenue  Fund for CDBG-DR reimbursable activities, including up to 5% or $11,250,500 for  administrative costs.      Mr. Shelton then reviewed the following key takeaways from his presentation: (1) On  January 8th, HUD announced that the City of Asheville would receive a direct allocation of  CDBG - Disaster Recovery funding of $225,010,000; (2) The City must now develop an  Action Plan that identifies unmet needs and outlines the programs and activities we will fund and  submit it to HUD by April 21st. Once the plan is approved by HUD, these funds are anticipated to  be available for expenditure in late fall 2025; (3) The City can request access to up to 5% of  funding to pay for administrative costs in advance of receiving the full grant amount to pay  and reimburse for costs associated with developing the Action Plan and for ongoing program  administration; and (4) Requires that we submit an Administrative Action Plan to HUD that  indicates our proposed uses of the administrative dollars.     Regarding the CDBG-DR administrative costs, (1) Up to 5% of the total grant amount can  be used to pay and reimburse for administrative costs of developing the Action Plan and ongoing  program administration (a) $11,250,500; and (b) Must budget for the life of the grant = 6 years;   (2) Eligible administrative expenses include staff time, consulting fees, public engagement costs,  technical assistance, and ongoing administrative costs of overseeing the life of the grant; (3) In  order to access the administrative funds, the City must submit an Administrative Action Plan to  HUD - HUD will review and approve the plan within 30 days of receipt; and (4) Requesting early  access to these funds is completely optional and we will have full access to them once we receive  the full grant agreement, but requesting them early allows us to begin reimbursing for costs we  are already incurring like: (a) Consultant services for Action Plan development; and (b) Public         engagement costs, like interpretation.     When Mayor Manheimer asked for public comments, none were received.     Mayor Manheimer said that members of Council have been previously furnished with  copies of the resolution and ordinance and they would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2025-02-11","mt":"regular","id":"VI-A-res","ref":"RES 25-30","it":"resolution","t":"Resolution authorizing staff to submit an Administrative Action Plan for the Community Development Block Grant - Disaster Recovery (CDBG-DR) grant to HUD to access up to 5% ($11,250,500) of the total allocation for grant-related administrative costs","desc":"Community Development Division Manager James Shelton said that this is the  consideration of a resolution authorizing staff to submit an Administrative Action Plan for the  CDBG-DR grant to the U.S. Department of Housing and Urban Development (HUD) in order to  access up to 5% ($11,250,500) of the total allocation to pay for and reimburse the City for  grant-related administrative costs; authorizing the City Manager to execute all documents  necessary to give effect to this resolution; and approving a budget amendment in the amount of  $225,010,000, for the total amount of the CDBG-DR allocation, noting that these funds are  subject to HUD approval of the CDBG-DR Action Plan and are not anticipated to be available for  expenditure until later in calendar year 2025.    Background:  - On January 16, 2025, HUD announced that the City of Asheville will receive a direct  allocation of Community Development Block Grant - Disaster Recovery (CDBG-DR)  funds in the amount of $225,010,000.  - To receive the CDBG-DR funds, the City Council will need to authorize an Action Plan  that provides a concise summary of the programs and activities that will be funded to  address unmet disaster recovery needs. Staff anticipate bringing that Action Plan to  Council for review and approval on April 8, 2025.  - Staff can request access to administrative funds from HUD before submitting the formal  Action Plan. These costs include planning and staffing associated with completing and  implementing the final CDBG-DR Action Plan.  - This request will allow staff to submit an Administrative Action Plan to HUD and access  5% of the total allocation for administrative costs.  - At the same time, this request includes a budget amendment for the total future allocation  of the grant, $225,010,000.  - Receipt of the $225,010 is subject to HUD approval of the City’s CDBG-DR Action Plan  and is not anticipated to be available for expenditure until later in calendar year 2025.  - The City will utilize 5% for administrative costs once HUD approves the Administrative  Action Plan. The remaining funds will not be spent until after the City Council approves  the Action Plan in April and the City Manager executes the grant agreement.     Vendor Outreach Efforts:  - Not applicable      Committee(s):  - None, council committees suspended due to ongoing response to Tropical Storm Helene    Pro(s):  - Allows the city to be more quickly reimbursed for staffing, planning, and general  administration of CDBG-DR related activities     Con(s):  - None       Fiscal Impact:  - This action will approve an appropriation of $225,010,000 to the City’s Special Revenue  Fund for CDBG-DR reimbursable activities, including up to 5% or $11,250,500 for  administrative costs.      Mr. Shelton then reviewed the following key takeaways from his presentation: (1) On  January 8th, HUD announced that the City of Asheville would receive a direct allocation of  CDBG - Disaster Recovery funding of $225,010,000; (2) The City must now develop an  Action Plan that identifies unmet needs and outlines the programs and activities we will fund and  submit it to HUD by April 21st. Once the plan is approved by HUD, these funds are anticipated to  be available for expenditure in late fall 2025; (3) The City can request access to up to 5% of  funding to pay for administrative costs in advance of receiving the full grant amount to pay  and reimburse for costs associated with developing the Action Plan and for ongoing program  administration; and (4) Requires that we submit an Administrative Action Plan to HUD that  indicates our proposed uses of the administrative dollars.     Regarding the CDBG-DR administrative costs, (1) Up to 5% of the total grant amount can  be used to pay and reimburse for administrative costs of developing the Action Plan and ongoing  program administration (a) $11,250,500; and (b) Must budget for the life of the grant = 6 years;   (2) Eligible administrative expenses include staff time, consulting fees, public engagement costs,  technical assistance, and ongoing administrative costs of overseeing the life of the grant; (3) In  order to access the administrative funds, the City must submit an Administrative Action Plan to  HUD - HUD will review and approve the plan within 30 days of receipt; and (4) Requesting early  access to these funds is completely optional and we will have full access to them once we receive  the full grant agreement, but requesting them early allows us to begin reimbursing for costs we  are already incurring like: (a) Consultant services for Action Plan development; and (b) Public         engagement costs, like interpretation.     When Mayor Manheimer asked for public comments, none were received.     Mayor Manheimer said that members of Council have been previously furnished with  copies of the resolution and ordinance and they would not be read.","c":"Housing","mo":"individual","mv":"Turner","sec":"","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1CHLdYZ_91n8jix5pjQXji0pQ2Sf2O_oI/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2025-02-25","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of Feb 6 agenda briefing, Feb 11 formal meeting, and Feb 13-14 Council annual retreat","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-02-25","mt":"regular","id":"B","ref":"RES 25-31 / ORD 5117","it":"resolution","t":"Resolution authorizing agreement with N.C. Historic Preservation Office to accept federal pass-through grant; budget amendment for community educational events","desc":"Background:  - The Historic Resources Commission/City of Asheville has been awarded an Historic  Preservation Fund (HPF) federal pass-through grant in the amount of $7,000; the grant  was awarded in August 2024.  - Funds can be utilized to facilitate an educational event or events in late 2025, which  would highlight historic preservation and its intersectionality with other related and timely  topics, such as housing attainability, disaster planning and resiliency, heritage tourism,  and the important role historic preservation plays in the local economy.  - The event(s) will be free and open to the public.  - Buncombe County allocates funding to the City’s Historic Resources Commission   annually, $7,140 received in FY 2024-2025  - The City can utilize part of the Buncombe County allocation to provide the $3,000 match   required to receive the grant award.     Pro(s):  - Funding will be made available for an educational event(s) that will be free and open to  the public.           Con(s):  - None.    Fiscal Impact:  - The City provision of $3,000 in matching funds, which would come from the County’s  FY25 contribution of funds to support the City-County wide Historic Preservation  program. With the City’s match, the grant funding, and Buncombe County’s allocation, the  City has $14,140 in additional funding to support the work of the Historic Resource  Commission.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-02-25","mt":"regular","id":"C","ref":"RES 25-32","it":"resolution","t":"Resolution authorizing amendment to contract with Biltmore Farms Hotel Group to extend contract period and increase funding for first-responder lodging (Tropical Storm Helene)","desc":"Background:  - The City of Asheville had a need to reserve lodging for employees and out-of-area  resources who were essential to Tropical Storm Helene emergency response efforts.  - The City outreached and engaged with multiple vendors throughout the area to provide  these services.  - The number of rooms the City reserved at each location was dependent upon power,  water, and internet capabilities; available staffing; and the number of available rooms at  each property.  - Biltmore Farms Hotel Group (Hampton Inn & Suites) was made available to Asheville City  Police and out-of-area law enforcement personnel critical to search, rescue and recovery  efforts.  - Once lodging was secured, some out-of-area resources maintained lodging longer than  initially anticipated.     Vendor Outreach Efforts:  - Staff performed outreach to a variety of businesses through phone and email solicitation  the weekend of 9/27/24 to 9/29/24.  - The City was able to connect with and ultimately reserve lodging–to varying degrees–at  all of the properties that answered the calls and emails.            Committee(s):  - N/A    Pro(s):  - Fulfilled required needs and provided lodging to essential first responders.    Con(s):  - None    Fiscal Impact:  - This contract amendment adds $43,000 to the existing contract, for a total of  $415,009.70. It is expected to be fully eligible for FEMA reimbursement and is budgeted  in the Special Revenue Fund.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-02-25","mt":"regular","id":"D","ref":"RES 25-33","it":"resolution","t":"Resolution authorizing acceptance of grant funds for the Public Transit Apprenticeship Grant Program for FY2026 from NCDOT","desc":"Background:  - The North Carolina Department of Transportation (NCDOT) funds an annual program that  places recent university graduates with an interest in public transit within a city/transit  agency for 1 year as a full-time, paid staff member.  - The City has participated in this program several times over the last decade and currently  has a Transit Apprentice who started in September 2024.  - In December, Transportation Department staff submitted an application to the program  manager at NCDOT requesting approval to participate in the program in Fiscal Year (FY)  2026.  - NCDOT notified the City in January that it was approved to participate in the program  again in FY 26.  - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the  City Transit Operations Fund would provide the remaining 10%. The total cost for the  Apprentice for FY26 is $57,178, with the State paying $51,460 and the City paying  $5,718.  - The transit apprentice will work within the Transit Planning Division of the Transportation  Department and assist the division with ongoing work program items related to transit  service.  - The apprentice is also required by the NCDOT to prepare a research report at the end of  the apprenticeship.  - The Transit Apprentice would begin work in summer/fall of 2025.     Vendor Outreach Efforts:  - N/A      Committee(s):  - None    Pro(s):  - 90% of apprentice costs are covered by NCDOT.  - Supports the Transit Planning Division to assist in transit-related projects and programs.     Con(s):  - The City provides 10% of the cost, not to exceed $5,718.    Fiscal Impact:  - NCDOT provides 90% of the funding for the salary and benefits of the Apprentice; the  City Transit Operations Fund would provide the remaining 10%. The total cost for the  Apprentice for FY26 is $57,178, with the State paying $51,460 and the City paying  $5,718.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-02-25","mt":"regular","id":"E","ref":"RES 25-34","it":"resolution","t":"Resolution authorizing application to NCDOT Integrated Mobility Division for Section 5303 Metropolitan Planning Program annual funding","desc":"Background:  - The City applies annually to the North Carolina Department of Transportation - Integrated  Mobility Division to receive Section 5303 funds (Metropolitan Planning Program).  - The City uses the Section 5303 funding to fund existing transit planning activities such as  grant management, administration, and reporting; short and long-range transit planning;  analyses of transit operations; and required semi-annual DBE program preparation and  reporting.  - The funds supplement the Transit Planning Division personnel budget, which includes the  Transit Planning Manager and additional transit planning staff positions.  - The Federal Transit Administration grant will provide 80% of the anticipated funding  ($159,051), with the North Carolina Department of Transportation and the City of  Asheville each providing 10% of the remaining amount at $15,905 and $15,906,  respectively.  - Once staff receives notification of award, a separate future action to accept the funds and  budget them for FY 26 will be brought forward to Council.     Vendor Outreach Efforts:  - N/A. This is a grant that supplements the Transit Planning Division personnel budget.     Committee(s):  - None    Pro(s):  - Supplements funding for multiple transit planning positions.  - Enables the City of Asheville to leverage $127,240 in Federal Funding and $15,906 in   State funds to support the City’s transit planning activities.    Con(s):  - The City is responsible for 10% local match, which is $15,906.    Fiscal Impact:  - If awarded the grant funding ($159,051), 10% local matching funds ($15,906) and  associated expenses will be included in the FY 26 Proposed Budget for the Transit  Operations Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-02-25","mt":"regular","id":"F","ref":"RES 25-35","it":"resolution","t":"Resolution ratifying annual agreement with NCDOT for FY25 State Maintenance Assistance Program (SMAP) grant funds for transit operations","desc":"Background:  - The City of Asheville annually receives SMAP funds from the NCDOT to support transit  operations. The City utilizes the funds to help offset eligible operating expenses.  - The ratification is necessary because NCDOT disbursed the annual SMAP funds to the  City before receiving the City’s funding application and prior to executing an agreement.  - This occurred due to unforeseen circumstances associated with Tropical Storm Helene.  - This action seeks to ratify the agreement between the City and NCDOT and accept the  $1,098,253 in funds.     Vendor Outreach Efforts:  - N/A. This is a grant that supplements the Transit Division’s Operations budget.     Committee(s):  - None    Pro(s):  - Supplements funding for transit operating expenses.    Con(s):  - The City is responsible for 100% local match, which is $1,098,253.    Fiscal Impact:  - The SMAP Program is providing $1,098,253 in grant funds for FY 25 to the City to  support transit operations. This is the same amount the City has received for the last  several years.  - The local match requirement is 100%, which has already been budgeted in the FY25  Transit Operations Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-02-25","mt":"regular","id":"G","ref":"RES 25-36","it":"resolution","t":"Resolution authorizing application to French Broad River MPO for annual Section 5307 JARC grant program to fund transit Routes 170 and S3","desc":"Background:  - The City applies to the FBRMPO each year to receive FTA Section 5307 JARC funding to  support existing transit operations.  - The Call-for-Projects from the FBRMPO was released on January 16, 2025 with  applications due February 20, 2025. Therefore, due to the limited time frame between the  Call-for-Projects and the application due date, staff prepared and submitted the  application prior to receiving City Council approval.  - This action seeks to retroactively authorize the application submission. If the Council  does not authorize the application, staff will notify the MPO and withdraw the application.  - Section 5307 (JARC) Background:  - Funding received from this grant source is used to fund existing service for Route  170 (the fixed-route service operated between downtown Asheville and the Town  of Black Mountain) and Route S3 (the fixed-route service operated between  downtown Asheville, Arden, and the Airport).  - For the last two years, the City has applied for the entire amount available from  the JARC grant, which this year is $412,909, with a 50% match ($412,909) for a  total project cost of $825,818.  - For the last three years, the Town of Black Mountain has provided $25,000  toward the required matching funds, specifically for Route 170. City staff will be  requesting the same amount for FY 26.  - Buncombe County has also provided funding toward the required match for the  previous three years for Route 170. The City requests funds from the County  based on the service cost per hour and the number of hours the route operates  within the County. For FY 26, City staff anticipates requesting approximately  $113,452 from the County for Route 170. This will be provided via a planned  rescission of funds from Buncombe County’s 5307 allocation.  - The City will provide the remainder that is already budgeted within the Transit  Operations Budget.  - If awarded, City staff will return to the City Council to accept the grant, authorizing the  City Manager to sign all the appropriate agreements and approve a budget amendment  to include the funds in the budget.     Vendor Outreach Efforts: N/A     Committee(s): N/A    Pro(s):  - Enables the City to use federal funds to help offset the annual operating cost of Route  170 and S3 fixed-route services.  - Buncombe County and Black Mountain contribute funds toward the required match.    Con(s):  - The City is responsible for the 50% local match for JARC Funding programs respectively,  however Buncombe County and Black Mountain contribute funds toward the required  match  - No administrative funding is awarded to the City for administering the 5307/JARC grant  program.     Fiscal Impact:  - The City applied to the FBRMPO for FTA Section 5307 JARC funds for $412,909, with a  50% match requirement of $412,909, for a total project cost of $825,818.  - If awarded, the grant funds will be budgeted in the Transit Operations Fund to offset  expenses for FY26 transit services.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-02-25","mt":"regular","id":"IV-A","ref":"ORD 5118","it":"public_hearing","t":"Public hearing to rezone 94 Grandview Road","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordnance to  rezone 94 Grandview Road from Residential Multi-Family Low Density District and Commercial  Industrial District to Residential Multi-Family Low Density District. This public hearing was  advertised on February 14 and 21, 2025.    Project Location and Contacts:  - The rezoning petition consists of one property totalling 3.38 acres and located at 94  Grandview Rd (PIN 9617-97-6674).  - Owner: Tinajero Adan Mandujano.     Summary of Petition:  - The applicant requests a rezoning of one property to the Residential Multi-Family Low   Density (RM-6) District.  - The property is currently zoned Commercial Industrial (CI) and Residential Multi-Family   Low Density (RM-6).  - Commercial Industrial (CI) district does not allow single-family detached dwellings as a   permitted use.  - The property is currently vacant.  - The subject property is designated “Residential Neighborhood” on the city’s Future Land   Use (FLU) Map. A change to the FLU Map is not required.    Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated below.    Comprehensive Plan Consistency:  - The proposed rezoning supports a number of goals in the Living Asheville  Comprehensive Plan including:   - Encourage Responsible Growth - by prioritizing greater densities of  development overall, throughout the city as appropriate.         - Celebrate the Unique Identity of Neighborhoods Through Creative  Placemaking - by continuing to support contextually appropriate infill  development and a variety of housing types.   - Increase and Diversify the Housing Supply - by promoting zoning policies to  encourage more housing by expanding areas permitting higher-density  development.  - The proposed rezoning is compatible with the Future Land Use designation of  “Residential Neighborhood” which is described, in part, as “mainly consisting of single  family housing, the types of housing in residential neighborhoods generally offer little  variation of building types throughout the neighborhood, such as a townhomes, duplexes  or an apartment complex.”  - Residential Multi-Family Low Density (RM-6) is cited as an appropriate zoning district  within the “Residential Neighborhood” Future Land Use category.     Compatibility Analysis:  - The purpose of the Residential Multi-Family Low Density (RM-6) district is, “to permit a  limited range of low density multi-family housing types along with single-family detached  and attached dwellings. This district is intended to provide a transitional area between  single lower- and multi-family higher-density areas, and to provide a compatible mixture  of these various housing types. Non-residential development normally required to provide  the basic elements of a balanced and attractive residential area is also permitted” (UDO  Sec. 7-8-5).  - The proposed rezoning petition is compatible with the surrounding land uses, including:  - Residential Multi-Family Low Density (RM-6) zoned property directly to the east   and south of the subject property.  - Commercial uses located to the west of the subject property, zoned Commercial   Industrial (CI).     Committee(s):  - Planning & Zoning Commission (PZC) - February 5, 2025 - Approved (Vote 7:0)     Pro(s):  - Allows for the development of single-family detached dwelling units across the entire   property.  - Allows for higher density of potential multi-family development.  - Would provide a larger buffer of residential-zoned property to the existing residential   neighborhood.    Con(s):  - None identified.    UDO District Comparison     UDO Provision Commercial Industrial (CI) Residential Multi-Family Low Density  (RM-6)         Allowed uses: ● Duplex  - Townhouse  - Multi-Family  - Accessory Dwelling Unit  - Wide range of commercial and   industrial uses  - Single-Family Detached  - Townhouse  - Duplex  - Multi-Family  - Accessory Dwelling Unit  - Cottage Development  - Limited public, institutional, and   recreational uses   Density: 8 units per acre 2 units per first 6,000 s.f. of lot area &  1 unit per each additional 1,000 s.f.   Structure Size: n/a For multi-family structures:  Max. 4,000 s.f. footprint  Max. 12,000 s.f. gross floor area   Lot Size Minimum: n/a Min. 6,000 s.f.   Lot Width Minimum: Min. 100’ Min. 60’   Building Height: Max. 80’ Max. 40’   Building Setbacks: Front: 35’, Side: none, Rear: 10’ Front: 15’, Side: 6’, Rear: 15’        Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the  future land use map. He said the Planning & Zoning Commission voted unanimously to approve  the project. He used a chart to show the zoning district comparison of the UDO provision,  Commercial Industrial District; and RM-6 Residential Multi-Family Low Density District. He  explained the purpose of the Residential Multi-Family Low Density (RM-6) district is, “to permit a  limited range of low density multi-family housing types along with single-family detached and  attached dwellings. This district is intended to provide a transitional area between single lower-  and multi-family higher-density areas, and to provide a compatible mixture of these various  housing types. Non-residential development normally required to provide the basic elements of a  balanced and attractive residential area is also permitted” (UDO Sec. 7-8-5). The proposed  rezoning petition is compatible with the surrounding land uses and zoning districts, including: (1)  Residential Multi-Family Low Density (RM-6) zoned property directly to the east and south of the  subject property; and (2) Commercial uses located to the west of the subject property, zoned  Commercial Industrial (CI). He then explained how the project was consistent with the Living  Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning  Commission and recommends approval of the proposed rezoning.     Mayor Manheimer opened the public hearing at 5:20 p.m., and when no one spoke, she  closed the public hearing at 5:20 p.m.    Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2025-02-25","mt":"regular","id":"IV-B","ref":"ORD 5119","it":"public_hearing","t":"Public hearing to rezone 1289 Sand Hill Road","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordnance to  rezone 1289 Sand Hill Road from Commercial Industrial District - Conditional Zone and Industrial  District to Commercial Industrial District. This public hearing was advertised on February 14 and  21, 2025.    Project Location and Contacts:  - The rezoning petition consists of one property totalling 7.24 acres and located at 1289  Sand Hill Rd (PIN 9617-52-5087).  - Owner: Fletcher Partners Inc.     Summary of Petition:  - The applicant requests a rezoning of one property to the Commercial Industrial (CI)   District.  - The property is currently zoned Commercial Industrial - Conditional Zone (CI-CZ) and   Industrial (IND).  - The majority of the site that is zoned Commercial Industrial - Conditional Zone (CI-CZ)   represents a portion of a defunct conditional zoning project known as “Enka Center”. The  conditional zoning was adopted in 2010 per Ord. No. 3921 and proposed a large,  mixed-use project across 192 acres in the City and County.  - This project was never initiated. In 2023, a large portion of that prior conditional zoning  site was approved as a separate project for warehouse uses (Ord. No. 4995).  Consequently, the original conditional zoning cannot be constructed as approved.  Therefore, the applicant is seeking a rezoning to a base zoning district in order to make  productive use of the property.  - The property is currently vacant.  - The subject property is designated “Industrial/Manufacturing” on the city’s Future Land   Use (FLU) Map. A change to the FLU Map is not required.    Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated below.    Comprehensive Plan Consistency:  - The proposed rezoning supports a number of goals in the Living Asheville  Comprehensive Plan including:   - Encourage Responsible Growth - by ensuring that new development has the  appropriate infrastructure to support it.         - Facilitate Real Estate Development that Maximizes Public Benefit - by  establishing accessible and well-connected commercial nodes consistent with  strategies outlined in the plan’s growth areas.  - The proposed rezoning is compatible with the Future Land Use designation of  “Industrial/Manufacturing” which is proposed, in part, as “typically found on larger tracts of  land with good access to transportation systems that are served by other needed utilities.  Industrial and manufacturing areas are an important economic sector to the city”.  - The Commercial Industrial (CI) district is cited as an appropriate zoning district within the  “Industrial/Manufacturing” Future Land Use category.     Compatibility Analysis:  - The purpose of the Commercial Industrial (CI) district is, “to provide areas for a wide  range of commercial and industrial uses including: light manufacturing, wholesale,  warehousing, services, retail sales, offices, and residential uses. The district is  established where environmental conditions and urban infrastructure are adequate to  support commercial and industrial development” (UDO Sec. 7-8-20).  - The proposed rezoning petition is compatible with the surrounding land uses, including:  - Industrial and commercial uses on large tracts of land to the north, west, and   south.  - Residential uses across Sand Hill Rd to the south.      Committee(s):  - Planning & Zoning Commission (PZC) - February 5, 2025 - Approved (Vote 7:0)     Pro(s):  - Allows for the productive use of the property in a manner consistent with the City’s   Comprehensive Plan and appropriate within the existing development context.    Con(s):  - None identified.     Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the  future land use map. He said the Planning & Zoning Commission voted unanimously to approve  the project. The explained the purpose of the Commercial Industrial (CI) district is, “to provide  areas for a wide range of commercial and industrial uses including: light manufacturing,  wholesale, warehousing, services, retail sales, offices, and residential uses. The district is  established where environmental conditions and urban infrastructure are adequate to support  commercial and industrial development” (UDO Sec. 7-8-20). The proposed rezoning petition is  compatible with the surrounding land uses and zoning districts, including: (1) Industrial and  commercial uses on large tracts of land to the north, west, and south; and (2) Residential uses  across Sand Hill Rd to the south. He then explained how the project was consistent with the  Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning  Commission and recommends approval of the proposed rezoning.     Mayor Manheimer opened the public hearing at 5:24 p.m., and when no one spoke, she  closed the public hearing at 5:24 p.m.          Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2025-02-25","mt":"regular","id":"IV-C","ref":"RES 25-37","it":"resolution","t":"Resolution authorizing use of Housing Trust Fund loan allocation for land purchase at Oak Lodge/Dogwood Road for the Pine Lane affordable housing project (Roers Company)","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a   resolution to use a portion of an existing $3,879,366 Housing Trust Fund loan to fund the  purchase of land for the affordable housing project at 99999 Oak Lodge Road and 99999  Dogwood Road.    Background:  - On April 23, 2024, the City Council approved a $3,879,366 Housing Trust Fund (HTF)  loan to the Roers Company to construct 126 units of affordable housing, including 3- and  4-bedroom units.  - The Roers Company has had the subject property under a contract to purchase,  however, at this time, the existing property owners are not willing to extend the contract  on the land for the development, which has put the project in jeopardy.  - The purchase price for the land is $2,250,000. The developer is requesting to use HTF  monies in the amount of $2,050,000 to purchase the land. The developer has previously  contributed $200,000 toward the purchase of the land in earnest money. The remaining  $1,829,366 of the HTF loan will be used for construction.  - This project also has $6,500,000 of Buncombe County funding committed and will apply  for 4% Low-Income Housing Tax Credits, which are expected to leverage an additional  $18.5 million of equity.  - City staff has developed the appropriate legal documents for closing on the land as part  of the Housing Trust Fund loan. Per the existing policy, real estate acquisition is an  approved use of Housing Trust Funds.  - A deed restriction will be placed on the land to protect the City’s investment. The City will  be in first position until other financing comes into the project at higher amounts.  - At its February 5, 2025 meeting, the Planning & Zoning Commission recommended that  the conditional zoning request associated with this project be approved.      Committee(s):  - The Housing and Community Development Committee (HCD) did not meet in  January/February 2025.     Pro(s):  - Allowing the City’s HTF loan to be used for land acquisition will allow this project to move  forward and provide our community with much-needed affordable units.     Con(s):  - Funds used for land acquisition do have more risk than funds used solely for  construction. However, if the project falls through, the land will still have to be used for  affordable housing, and the City will be in first position to be paid back our funds if  needed.     Fiscal Impact:  - None noted     Affordable Housing Officer Sasha Vrtunski said the following are the key takeaways from  her presentation: (1) On April 23, 2024, the City Council approved a $3,879,366 Housing Trust  Fund (HTF) loan to the Roers Company to construct 126 units of affordable housing, including 3-  and 4-bedroom units; (2) The developer is requesting to use a portion of the loan - $2,050,000 -  to fund the purchase of land for the affordable housing project at 99999 Oak Lodge Road and  99999 Dogwood Road; (3) Land acquisition is an eligible use of Housing Trust Fund monies; (4) If  Council approves this request, a deed restriction will be placed on the land to protect the City’s  investment. The City will be in first position until other financing comes into the project at higher  amounts; and (5) Staff is in support of the request. She then provided the following background:  (1) On April 23, 2024, the City Council approved a $3,879,366 Housing Trust Fund (HTF) loan to  the Roers Company to construct 126 units of affordable housing, including 3- and 4-bedroom  units; (2) The Roers Company has had the subject property under a contract to purchase,  however, at this time, the existing property owners are not willing to extend the contract on the  land for the development, which has put the project in jeopardy; (3) The purchase price for the  land is $2,250,000. The developer is requesting to use HTF monies in the amount of $2,050,000  to purchase the land. The developer has previously contributed $200,000 toward the purchase of  the land in earnest money. The remaining $1,829,366 of the HTF loan will be used for  construction; (4) This project also has $6,500,000 of Buncombe County funding committed and  will apply for 4% Low-Income Housing Tax Credits, which are expected to leverage an additional  $18.5 million of equity; (5) City staff has developed the appropriate legal documents for closing on  the land as part of the Housing Trust Fund loan. Per the existing policy, real estate acquisition is  an approved use of Housing Trust Funds; (6) A deed restriction will be placed on the land to  protect the City’s investment. The City will be in first position until other financing comes into the  project at higher amounts; and (7) At its February 5, 2025 meeting, the Planning & Zoning  Commission recommended that the conditional zoning request associated with this project be  approved.     In response to Councilwoman Roney regarding if this development has a renewable  energy plan and are there any known variables to future renewable energy options, a  representative of the developer said that they are just getting started on their construction  documents and their environmental design hasn’t been incorporated yet, but they will follow all  guidelines.     Mayor Manheimer opened up the public hearing at 5:30 p.m.     Jenny Luczak, a resident who lives next door to the entrance of the clubhouse, was  concerned about the traffic impact of this many people moving into their very small neighborhood.  She also asked if a fence could be installed between their house and the clubhouse.            Mayor Manheimer closed the public hearing at 5:35 p.m.     Mayor Manheimer said that members of Council have been previously furnished with a  copy of the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2025-02-25","mt":"regular","id":"IV-C2","ref":"ORD 5120","it":"public_hearing","t":"Public hearing to conditionally zone 99999 Oak Lodge Road and 99999 Dogwood Road to Residential Expansion - Conditional Zone","desc":"Urban Planner Sam Starr-Baum said that this is the consideration of an ordnance to   conditionally zone of 99999 Oak Lodge Road and 99999 Dogwood Road from Residential  Single-Family High Density District and Commercial Industrial District to Residential Expansion -  Conditional Zone for the purpose of constructing 126 affordable multi-family units. This public  hearing was advertised on February 14 and 21, 2025.    Project Location and Contacts:  - The project site totals 9.68 acres across to two parcels with addresses of 99999 Oak  Lodge Road & 99999 Dogwood, PINs (respectively): (9627-80-5568 & 9627-80-5964)  - Owner: Brandon Knolls LLC.  - Applicant: Civil Design Concepts/Warren Sugg, P.E. & Eddie Stars, Roers Companies     Summary of Petition:   Project Site  - The project site consists of two parcels totalling 6.68 acres located at 99999 Dogwood   Road and 99999 Oak Lodge Road.  - The site is currently zoned Residential Single-Family High Density (RS-8) (Oak Lodge   Road parcel) and Commercial Industrial (CI) (Dogwood Road parcel).  - The site is designated “Residential Neighborhood” and “Industrial Manufacturing” on the   city’s Future Land Use (FLU) Map. A change in the FLU designation will be required to  designate the Dogwood Road parcel “Residential Neighborhood”.  - Given the size of the project (over 50 residential dwelling units) a conditional zoning to  the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required.  - The project site is currently undeveloped.     Overall Project Proposal  - The two parcels will be combined prior to permitting.  - New building construction includes a total of 126 units.  - All 126 units (100%) are proposed to be designated affordable to those earning  60% or less of Area Median Income (AMI), and will remain so for a period of 30         years.  - The 126 units are within 4 multi-family buildings that are 3- and 4-story buildings.  - Other site improvements include off-street parking, new sidewalks, recreational paths  throughout the site, and amenities such as a clubhouse containing shared facilities for the  residents and the offices for management of the facility.     Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated below  in the “Consistency with the Comprehensive Plan and Other Plans” section.     Consistency with the Comprehensive Plan and Other Plans:    Living Asheville Comprehensive Plan (2018)  - The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including:   - Encourage Responsible Growth - by providing infill development in targeted  growth areas.   - Increase and Diversify the Housing Supply - by providing lower housing prices  relative to incomes and providing greater choice in housing options.   - Promote the Development and Availability of Affordable and Workforce  Housing - by supporting more housing supported through grant funds and other  housing programs and provide for affordable housing closer to jobs and other  services.  - The proposed use and design is consistent with the existing Future Land Use  designation of Residential Neighborhood (Oak Lodge Road parcel) and  inconsistent with Industrial Manufacturing (Dogwood Parcel).  - Residential Neighborhood envisions developments where densities  “approach 3-5 dwelling units per acre, with higher densities anticipated  within proximity to identified growth areas” (p 346)  - Industrial/Manufacturing describes areas that are “typically found on  larger tracts of land with good access to transportation systems that are  served by other needed utilities. Industrial and manufacturing areas are  an important economic sector to the city and should be considered for  additional opportunities to expand …This future land use type may  require some separation from other more sensitive areas of the  community but generally can be appropriate neighbors to other  commercial uses or in mixed use areas.” (pp. 344-345).  - The future land use designation for the Dogwood parcel should  be changed to Residential Neighborhood to reflect the  appropriateness for this parcel to be developed for residential  multi-family uses consistent with the Residential Neighborhood  designation. The parcel has varying topography and a mapped  stream preventing the type of large lot development envisioned  in the Industrial Manufacturing designation.     Compatibility Analysis:  - In addition to the compatibility with surrounding residential land uses, this development is  within 1,500 ft. of an identified “Town Center” (Living Asheville, P 341.) that exists along  the corridor of Brevard Road south and west of I-26.  - The Town Center is currently served by a transit line that connects to the site as well as  auto, biking, and pedestrian connectivity. The existing and proposed uses compatible  with the Town Center provide multiple services, employment, and  recreational/entertainment opportunities for residents.  - The proposed multi-family residential project is compatible with the surrounding land  uses, including:   - Medium and higher density residential neighborhoods to the immediate east and  south of the subject parcels.      Committee(s):  - Technical Review Committee (TRC) - December 2, 2024 - administrative revisions  required.  - Planning and Zoning Commission (PZC) - February 5, 2025 - recommend approval (6-0).     Mr. Starr-Baum reviewed the existing and proposed zoning, the aerial imagery, the  compliance with the Comprehensive Plan goals and the future land use map. Regarding the  future land use designation (1) historically developed following a single master plan; (2) limited  access points into and around the development with access points often ending in dead-end  streets; (3) sidewalks located within residential neighborhoods and connecting to major corridors  are a priority; and (4) residential Neighborhood Future Land Use Category use may approach 3-5  dwelling units per acre. Regarding the site plan (1) proposed as entirely affordable - 60% AMI/30  years; (2) single access from improved access off Pine Lane and Oak Lodge Road; (3) clubhouse  / 4 Residential Buildings - 126 units; and Internal sidewalks and pathway to/serving open space;  (4) all landscaping standards met; (5) 1.94 Ac. Open Space; and (6) 15.36% (60,184 s.f.) Tree  Canopy Preservation. He then showed building elevations. He then reviewed the following  technical modifications (1) 5’-wide sidewalks internal to the site instead of the required 10’-wide  standard; and (2) No sidewalk as required on Oak Lodge Road. Staff concurs with the Planning  & Zoning Commission and recommends approval of the proposed conditional zoning with the  revised conditions and technical modifications outlined in the document titled “Exhibit E”.     Mr. Starr-Baum said that regarding the no sidewalk on Oak Lodge Road, they did talk  with the applicant and one of the ways we can encourage the use of Pine Lane rather than Oak  Lodge Road is not providing sidewalks to make it seem like it is a pedestrian environment since  that is a private road. Since the Planning & Zoning Commission meeting we have also worked  with the developer to make sure signage actively states that Oak Lodge Road is not to be used  and to encourage use of Pine Lane .     In response to Councilwoman Roney about the process of making Oak Lodge Road into  a City maintained road, City Attorney Branham said that the typical process would be a  dedication. All owners would have to submit a request to the City that the City accept the road  into our public road system. Typically our requirements (before staff could support a request)  would be that the road be brought up to City standards.            When Councilwoman Roney asked about a fence between the property owners and the  clubhouse, Mr. Derek Allen, attorney representing the applicant, said that assuming it doesn’t do  anything to the landscape and their ability to comply with the landscaping requirements, installing  that fence would be no problem.     Mr. Warren Suggs, working with the applicant, provided City Council with specifics of the  site plan and said that they will work with City staff on the best placement of the fence, as they  want to save as many trees for their landscape.     In response to Councilwoman Turner, Mr. Suggs addressed the noise issue pointing out  that on the western side is I-26 and there is a large undisturbed area with existing vegetation.  Regarding the noise for condo owners, with the vegetation that would be taken down and  replaced, and the building heights, the noise would probably be almost the same.     Mayor Manheimer opened the public hearing at 5:58 p.m.     Natasha Schwade asked if there was anything that could be done because some people  will have to live with their view of the parking lot.     Mayor Manheimer closed the public hearing at 6:00 p.m.    Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2025-02-25","mt":"regular","id":"IV-D","ref":"ORD 5121","it":"public_hearing","t":"Public hearing to conditionally zone 3183 Sweeten Creek Road (amended motion with added EV/solar/sidewalk conditions)","desc":"___ Sam Starr-Baum said that this is the consideration of an ordnance to conditionally  zone 3183 Sweeten Creek Road from RM-16 Residential Multi-Family High Density District to  Residential Expansion - Conditional Zone. This public hearing was advertised on February 14  and 21, 2025.           Project Location and Contacts:  - The project site totals 18.64 acres located at 3183 Sweeten Creek Road. (PINs:  9655-21-1340, 9655-21-3544, 9655-21-3589, 9655-21-3810, 9655-21-4269,  9655-21-5491, and 9655-21-5583)  - Owner: SCCP LLC.  - Applicant: Civil Design Concepts/Warren Sugg, P.E.     Summary of Petition:   Project Site  - The project site consists of multiple parcels totalling 18.64 acres located at 3183 Sweeten   Creek Road.  - The site is currently zoned Residential Multi-Family High Density (RM-16).  - The site is designated “Residential Neighborhood” on the city’s Future Land Use (FLU)   Map. A change in the FLU designation will not be required.  - Given the size of the project (over 50 residential dwelling units) a conditional zoning to   the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required.  - The project site currently has 23 occupied residential units that include: 1 single family   residence (owned by SCCP, LLC); 2 cottage units (owned by SCCP, LLC); 16 mobile  home units (14 mobile homes owned by others/tenant), 2 mobile home units (owned by  SCCP, LLC); and, 2 double wide mobile home units (both owned by others/tenants).     Overall Project Proposal  - New building construction includes a total of 304 units.  - 280 apartments are in five four-story multi-family buildings,  - 24 townhomes are in six four-plex buildings,  - 28 individual garages are in four one-story buildings. These are not counted   towards the overall unit count, but do impact the overall Gross Floor Area (GFA)  of the improved site area.  - Other site improvements include off-street parking, new sidewalks, and amenities such as  a clubhouse, pool and multi-use building separate from the clubhouse.  - The applicant has discussed internally with planning staff that SCCP, LLC will develop a  list of alternate housing options and extend expiring/expired year-long leases for existing  residents on a month-to-month basis until construction begins.     Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated below  in the “Consistency with the Comprehensive Plan and Other Plans” section.     Consistency with the Comprehensive Plan and Other Plans:    Living Asheville Comprehensive Plan (2018)  - The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including:   - Encourage Responsible Growth - by providing infill development in targeted  growth areas (p. 131).   - Increase and Diversify the Housing Supply - by increasing the supply of  housing in proximity to schools, transit and parks (pp. 246 & 251).   - Strengthen Urban Transit Corridors and Transit-Supportive Centers- by  rezoning to “transit-supportive” higher density, mixed-use development in nodal  clusters along transit corridors utilizing the smart-growth model (p. 110).  - The proposed use and design is partially consistent with the existing Future  Land Use designation of Residential Neighborhood which envisions         developments “where new streets connections are prohibited, sidewalks and  multi-use trails should be considered to increase mobility options. Sidewalks  located within residential neighborhoods and connecting to major corridors are a  priority.” (p 346)  - The RES EXP district is listed as an appropriate zoning district within  the Residential Neighborhood Future Land Use category.     Compatibility Analysis:  - In addition to the compatibility with surrounding land uses, this development is within  1,500 ft. of an identified “Urban Center” (Living Asheville, P 303.) that exists at the  intersection of Long Shoals Road and Hendersonville Road. This is not currently served  by a transit line, but it is within a walking distance. Moreover, the building of the sidewalks  does help in establishing a pedestrian and multi-modal environment.  - The proposed multi-family residential project is compatible with the surrounding land  uses, including:   - Kensington Place, a multi-family development of similar density located 973 feet  northeast on Sweeten Creek Road.   - The Carlyle Condominiums, which are adjacent to the southern portion of the  subject property.   - Willoughby Townhomes, a high density single-family attached development  immediately south of the Carlyle Condominiums.   - Increasingly dense mixed uses and commercial development to the west all  along Long Shoals Road.   - Higher density multi-family projects within a ½ mile radius of the subject  property along Long Shoals Road include the Skyland Exchange  Apartments and the South Asheville Commons. Just outside this radius  are The Julian Woods development and the recently approved Flournoy  at Butler Road.      Committee(s):  - Technical Review Committee (TRC) - August 19, 2024 - approved with conditions.  - Planning and Zoning Commission (PZC) - January 22, 2025 - recommend approval (5-0)        Mr. Starr-Baum reviewed the existing and proposed zoning, the aerial imagery, the  compliance with the Comprehensive Plan goals and the future land use map. Regarding the         future land use designation (1) historically developed following a single master plan; (2) limited  access points into and around the development with access points often ending in dead-end  streets; (3) sidewalks located within residential neighborhoods; and (4) connecting to major  corridors are a priority. Regarding the site plan, (1) 18.64 Ac.; (2) 304 MF residential units  proposed - 280 Apartments; and 24 Townhouse units; (3) 492 vehicular parking spaces, 9 ADA  parking spaces, 24 bike parking spaces; (4) Access by two new driveways into site from Sweeten  Creek Road; and (5) 5’-wide sidewalks internally. He then showed building elevations. He then  reviewed the following technical modifications (1) Project proposes a minimum 5’ wide sidewalk  within the internal site layout; (2) Project proposes a minimum 5’ wide sidewalk and 10’ grass  strip along Sweeten Creek Road - Transportation staff preference: 8’ strip, 8’ sidewalk; (3)  Project will require entering the 30’ stream buffer to connect with the existing sewer; (4) Project  will require disturbance within the stream buffer to restore areas of land once used as parking to a  grasses/landscaped area; and (5) Project’s townhome units will not have setbacks. Staff concurs  with the Planning & Zoning Commission and recommends approval of the proposed conditional  zoning with the revised conditions and technical modifications outlined in the document titled  “Exhibit E”.     In response to Councilwoman Roney, Mr. Starr-Baum provided the unit mix and said that  the applicant can speak to how they have been in contact with the 22 occupied units that will be  displaced.     In Councilwoman Roney regarding if there is a renewable energy plan or any variables  that might prohibit future renewable energy options, Mr. Derek Allen, attorney representing the  applicant, said that the applicant is willing to add the following two conditions: (1) the design and  construction of all buildings shall incorporate design features to facilitate future addition of rooftop  solar capacity; and (2) the project shall incorporate a minimum of 4 EV chargers, and shall  pre-install wiring to facilitate installation of additional EV chargers at the owner’s discretion as  demand grows.     Mr. Warren Suggs, representing the applicant, then reviewed the site plan.     Mayor Manheimer opened the public hearing at 6:21 p.m.     Shawn Spruce spoke about the existing traffic on Sweeten Creek Road and didn’t feel  the road infrastructure could handle additional traffic. He also questioned clarification of the  grade of the apartments to Sweeten Creek Road.     Mayor Manheimer closed the public hearing at 6:25 p.m.     Councilwoman Roney, member of the French Broad Metropolitan Planning Organization  (MPO), explained that there is a state pool of funding and a regional pool of funding. Part of the  I-26 Connector (state pool of funding) moved to the regional pool of funding because we were  expecting delays. The I-26 Connector Project is potentially more eligible for federal and state  funding and our local corridors are not. The MPO made a choice in that meeting to prioritize  Section A of the I-26 Corridor. The MPO was presented, about 2.5 years ago, a scissors graphic  showing what is going to happen because the I-26 Connector Project is competing with local  roads. The scissors graphic is now an axe but that vote isn’t finalized until August and then we  will have to reapply to all of our major corridors, where we should be building housing and  bringing good paying jobs into our community. Unfortunately there is not a lot of attention at the  MPO and explained that the MPO oversees all of our state-maintained roads, budgets, plans,  policies, now is the time to start paying attention. As a member of the MPO, she would love to  hear more people talking about this across the region - but just Asheville and Buncombe County  but others in North Carolina. We need housing and the infrastructure to support that and we don’t  have that balanced yet. She hoped we can keep working on this together across the region.            Councilwoman Sage noted that with the revised I-26 Connector plan, there may be some  cost saving measures to do other projects.     In response to Councilman Hess, Mr. Allen said that the applicant would agree to a  condition regarding the construction of the sidewalk along Sweeten Creek Road to be 8’ with an  8’ planting strip.      Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Smith","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1SMRKAab61obKLBW5Gy4TmMFBfA3T9VSC/view?usp=drive_link","mat":1,"mr":"contested vote","sq":11},{"d":"2025-03-11","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of Feb 20 agenda briefing worksession and Feb 25 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-03-11","mt":"regular","id":"B","ref":"RES 25-38","it":"resolution","t":"Resolution ratifying an emergency","desc":"Background: - ​ In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene. - ​ Flooding of the French Broad and Mills Rivers rose to levels that inundated the Mills  River Water Treatment Plant intake structure where the permanent raw water pumps are  located. - ​ The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - ​ In responding to this crisis, the City of Asheville engaged outside assistance to address  the needs of the community when those needs exceeded the capacity of City staff.  ​ ​  - ​ In one such instance, the City engaged Campbell, Inc. for the Mills River Water  Treatment Plant to aid in the Hurricane Helene Emergency Response to provide a crane  and trucks to pick up and mount two temporary raw water pumps used to convey raw  water to the Mills River water treatment plant process. - ​ This purchase was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law. - ​ This purchase was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3). - ​ Staff is now requesting that Council ratify the City’s contract with Campbell, Inc. for this  procurement and waive any contracting policies or procedures that would normally have  applied.  Committee(s): - ​ None  Pro(s): - ​ Allowed the City to immediately act to address an emergency without delay. - ​ Allowed the City to continue to provide water to a portion of the water system.  Con(s): - ​ None  Fiscal Impact: - ​ The total cost of this contract is $267,718.50.","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-03-11","mt":"regular","id":"C","ref":"RES 25-39","it":"resolution","t":"Resolution authorizing the City Manager (item C)","desc":"Background:  ​ ​  - ​ The reallocation of public art funds supports two of Council’s four priority areas for Helene  Recovery: People and Economy. Grant money will provide immediate, flexible financial  assistance to artists and arts organizations to keep them living and working in Asheville. - ​ Money to connect and activate Asheville’s River Arts and Downtown Arts Districts aims to  boost foot traffic, amplify the districts’ unique offerings and maintain Asheville’s distinction as  an arts destination. - ​ The reallocation of public art funds is a short-term recommendation approved by both the  Natural and Cultural Resources and Economic Development Recovery Support Groups and  one step in a larger strategy to support arts and the creative industry in Asheville. - ​ The City of Asheville’s Percent for Public Art Policy was last updated in 2014 and provides a  method of annually allocating Public Art Program funds from qualifying Capital Improvement  Project funds to support the creation of new, and maintenance of existing, public art assets  within Asheville. - ​ While public art funds are directed to be used for public art by policy, they are General Fund  dollars and can be used for any general government purpose. $200,000 of the existing funds  are currently undedicated and could be legally reallocated by Council to support local artists,  arts organizations and arts districts significantly impacted by Tropical Storm Helene. - ​ The reallocation of $200,000 in public art funds will not create a negative impact on the  Public Art Program as disaster recovery from Tropical Storm Helene will be the focus of the  City’s work for the foreseeable future, precluding the start of any new public art projects until  deemed appropriate. - ​ This reallocation also will not create a negative impact on current and planned projects  (Replacement of the ‘Art Deco Masterpiece’ Urban Trail Station, Updates to the Urban Trail  Marketing Assets, River Arts District Public Art Implementation) as they are fully funded. - ​ ArtsAVL is leading Western North Carolina’s Arts Relief Recovery Plan and has done  extensive surveying and engagement to determine what artists and the creative industry  need post-Helene. - ​ Artists and arts organizations indicated the greatest need for: - ​ Money/direct grants to pay bills, employees and restock lost  inventory and equipment. - ​ Marketing, activation and event support to bring locals and  tourists back to the arts districts. - ​ ArtsAVL is uniquely positioned to administer city funds to support the arts in Asheville  post-Helene as it already facilitates the City of Asheville’s Event Support Grant and has  successfully delivered thousands of dollars in relief grants to WNC artists. It is also  Buncombe County’s official, designated arts agency that receives and manages funding  from the NC Arts Council. - ​ ArtsAVL’s Arts Business Relief Grants are for arts businesses within one of the 26 counties  eligible for federal disaster assistance in Western NC. Funds may be used to pay salaries,  fees, production, promotion, programming, supplies and operation. The grants, for up to  $5,000, are intended to support job retention and support arts businesses in the following  categories. - ​ For profit and nonprofit - ​ Craft, visual and performing arts (including music) - ​ Presentation or production of local arts programming and/or products - ​ Substantially impacted by Hurricane Helene  ​ ​  - ​ In business for at least two consecutive years - ​ Prior year operating expenses of at least $20,000 - ​ Note: Individual artists working as sole proprietors without employees are not  eligible. Sole proprietors were eligible for ArtsAVL’s first round of emergency  relief grants and will be eligible for another funding opportunity opening in  mid-March through SouthArts. - ​ ArtsAVL’s Connections Campaign aims to boost foot traffic and create cohesive  programming and messaging for the area’s arts districts through a memorable campaign  that includes: an updated art guide and website, promotional kits and targeted  advertising/PR, wayfinding, and themed events that tie-in with regional anchors like Biltmore  and the NC Arboretum. Public Art Funds would primarily support wayfinding/signage,  events, and printed materials. - ​ Agreements with ArtsAVL would specify that Public Art Funds going towards these existing  programs would support artists, businesses and districts only within the City of Asheville.  Committee(s): - ​ As all City advisory boards and commissions are paused during this federally declared  emergency, the Public Art and Culture Commission has not provided advice on this item  as a body. However, staff has met with the Chair and Vice Chair of the Commission who  have expressed support for reallocation of public art funds to support the local arts  community. - ​ The following City of Asheville Recovery Support Groups reviewed the proposed plan for  the reallocation of public art funds: - ​ February 18, 2025, RSG - Natural and Cultural Resources reviewed/approved  the plan. - ​ February 19, 2025, RSG - Economic Development reviewed/approved the plan.  Pro(s): - ​ The proposed use of public art funds is in alignment with the Helene Recovery Priorities  Survey conducted by the City of Asheville (results February 2025) indicating strong support  for business recovery and arts funding. - ​ Business owners reported greater financial hardship than the overall population, with  significantly higher rates of income loss (47% compared to 29%) and business displacement  (32%). Respondents also shared stronger support for business recovery (89% vs. 76%  overall) and arts community support (75% vs. 65% overall).  Con(s): - ​ Less money for new public artwork for fiscal year 2024-2025 and future cycles.  Fiscal Impact: - ​ $200,000 is available in the 2024-2025 General Capital Projects Fund as part of the Public  Art Policy.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-03-11","mt":"regular","id":"D","ref":"ORD 5122","it":"ordinance","t":"Budget amendment in the General Capital Projects fund","desc":"Background: - ​ On November 8, 2024, the residents of Asheville voted to authorize the City to issue  $80,000,000 in bonds to make capital improvements in the areas of parks and recreation,  transportation, public safety facilities, and affordable housing. - ​ These bonds, which must be issued within seven years of voter approval, allow for the  completion of key projects which are widely distributed throughout the City. - ​ These projects will be built in addition to the City’s existing capital improvement projects  and in addition to Tropical Storm Helene recovery projects which will be funded mostly  with federal and state resources. - ​ The Local Government Commission (LGC) approved the City moving forward with the  General Obligation Bonds at their March 4, 2025 meeting. - ​ The recommendation to adopt the full bond budget amounts immediately eliminates the  need to consider annual adoption of the incremental amendments. - ​ Since the entire funding amount will be spent over the life of the program, it is acceptable  and advised to amend the capital budget for the full amount of $80,000,000.  Pro(s): - ​ Adopting a capital budget amendment in the full bond amount of $80,000,000 will  facilitate the full financing of all bond projects without the need for annual budget  amendments.  Con(s) - ​ None  Fiscal Impact: - ​ With this amendment, $80,000,000 will be added to the City’s General Capital Projects  Fund. - ​ A property tax rate increase will be needed to fund the future debt service on the General  Obligation Bonds. - ​ Staff anticipates including that tax rate increase as part of the fiscal year 2026-27 budget.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-03-11","mt":"regular","id":"E","ref":"RES 25-40","it":"resolution","t":"Resolution authorizing the City Manager (item E)","desc":"Background: - ​ North Carolina General Statute §159-34 requires that local governments have its  accounts  audited each fiscal year and submit a copy of the audit report and financial statements to  the  Local Government Commission (LGC). - ​ Staff recommends retaining the services of Cherry Bekaert, LLP to conduct an audit of  the City's  accounts for the fiscal year ending June 30, 2025. - ​ The estimated cost for the fiscal year 2024-2025 audit includes a base fee of $145,400,  which covers 915 hours of audit work; and an additional $23,200 for preparation of Basic  Financial Statements, Combining Statements and document production if needed, for a  maximum total fee of $168,600. - ​ Execution of this contract complies with the City’s Financial Policies which states that the  City “shall enter into multi-year agreements of not more than five years in duration  through a series of single-year contracts as consistent with applicable legal  requirements.” - ​ This will be the third year of contracting with the Cherry Bekaert, LLP so staff will be  recommending to contract with them for another 2 years assuming services are provided  as outlined within the engagement letter.  Vendor Outreach Efforts: - ​ No competitive bid process was conducted this year  Council Goal: - ​ Financially Resilient City  Committee:: - ​ No prior Committee approval.  Pro: - ​ Contracting with Cherry Bekaert, LLP aligns with City Council’s financial policy and will  help ensure the timely and successful completion of the annual audit.  Con(s): - ​ None  Fiscal Impact: - ​ The maximum total fee amount of $168,600 for the annual audit is already included in the  adopted fiscal year 2024-2025 General Fund budget.  ​ ​  - ​ Future estimated maximum audit fee for remaining 2 years’ submitted in proposal: - ​ 2025-2026: $174,300 - ​ 2026-2027: $182,400","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-03-11","mt":"regular","id":"F","ref":"RES 25-41 / RES 25-42 / RES 25-43 / RES 25-44","it":"resolution","t":"Resolutions to permit the possession (ABC/special event permits)","desc":"Background: - ​ N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified  wine on the public streets and property owned, occupied, or controlled by the City and to  regulate or prohibit the possession of malt beverages and unfortified wine on public  streets, alleys or parking lots which are temporarily closed to regular traffic for special  events. - ​ The City Council of the City of Asheville has adopted an ordinance pursuant to that  statutory authority; and that ordinance, codified as Section 11-11 in the Code of  Ordinances of the City of Asheville, provides that the City Council may adopt a resolution  making other provisions for the possession of malt beverages and/or unfortified wine at a  special event or community festival. - ​ The following organizations have requested that City Council permit them to serve beer  and/or unfortified wine at their events and allow for consumption at the events: - ​ Asheville Downtown Association for the Chai Pani Holi Celebration to be held on  March 14, 2025, on Banks Avenue. - ​ Asheville Downtown Association for Downtown After 5 to be held on April 18,  June 20 and August 15, 2025, at Pack Square Park. - ​ Asheville Downtown Association for the Community Concert to be held on May  29, 2025, at Pack Square Park.  ​ ​  - ​ Triangle Vegfest for Asheville Veganfest to be held on June 22, 2025, at Pack  Square Park. - ​ Alcohol boundaries are defined as per the accompanying event site maps.  Committee(s): - ​ None  Pro(s): - ​ Allows fundraising opportunities for the sponsoring nonprofit organization.  Con(s): - ​ None  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-03-11","mt":"regular","id":"G","ref":"RES 25-45","it":"resolution","t":"Resolution authorizing the City Manager (item G)","desc":"Background: - ​ The City of Asheville’s WNC Nature Center is an accredited member of the  Association of  Zoos and Aquariums (AZA). - ​ AZA’s Accreditation Standard 2.6.2 states that “an accredited facility must follow a  written nutrition program and animal diets must be of a quality suitable for each  animal’s physical and - ​ psychological needs” and that “all diets are routinely analyzed for nutritional content by  a licensed dietician.” - ​ Central Nebraska Packing Inc. is the only vendor in the US that maintains approved  AZA, USDA and AAZV designation for the production of commercially prepared  carnivore diets for animals in human care - ​ The WNC Nature Center has been using Central Nebraska Packing Inc. for its  carnivore diets since 2006.  ​ ​  \f Committee(s): - None  Pro(s): - ​ Carnivores at the WNC Nature Center will continue to receive a routinely analyzed  diet of the highest nutritional quality. - ​ The WNC Nature Center will continue to comply with AZA accreditation standard  2.6.2. - ​ This resolution will allow the WNC Nature Center to order a larger quantity of  carnivore diet each year rather than several smaller shipments thus saving over  $2,000 annually on shipping costs.  Con(s): - None  Fiscal Impact: - ​ The contract is expected to cost $12,500 per year, which is included in the WNC  Nature Center’s Annual Operating Budget. - ​ Staff estimate that by ordering a larger amount of product at one time, $2,000 will  be saved annually on shipping costs.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-03-11","mt":"regular","id":"H","ref":"RES 25-46 / RES 25-47","it":"resolution","t":"Resolutions authorizing the City Manager (item H)","desc":"Background: - ​ Council approved Resolution 24-96 on May 14th, 2024 to enter into a contract based on  Request for Proposals (298-RFP-HDRepair-FY24) advertised in February 2024.  ​ ​  - ​ Freightliner of Arizona / DBA Velocity Truck Center was awarded the contract effective  7/1/2024. - ​ The original Contract amount for the initial one (1) year term to be $60,000.00  with a total not-to-exceed contract amount of $180,000.00 for all three (3) years  (if both optional renewals are exercised). - ​ The Contract 92500092 went into effect on July 1st, 2024 as of November 2024  we had expended approximately $25,000.00 of the predicted $60,000.00 needed  for the initial one (1) year term. - ​ Between July 1st 2024 and November 1st 2024, the contract was utilized to pay  11 invoices averaging over $2100.00 each. - ​ Most of these invoices were related to drivability issues, the largest of which was  a cooling issue with Unit# 351 totaling $3913.31. - ​ On December 10, 2024 Council approved Resolution 24-268 to amend the  contract to add an additional $60,000.00 per year bringing it to $120,000.00 per  year and a total not -to-exceed amount of $360,000.00 (if both optional renewals  are exercised) - ​ Between November 1st 2024 and February 10th 2025, the contract was utilized  for an additional 13 invoices averaging approximately $6650.00, - ​ Most of the invoices were related to routine maintenance, drivability, and  electrical issues with one of the largest expenses being an engine replacement in  Unit# 353 totaling $56,434.73. - ​ As of 2/10/2025 we have expended approximately $110,000.00 of the  $120,000.00 available. - ​ A contract amendment is needed in the amount of $80,000.00 per year, bringing  the total not-to-exceed amount to $200,000.00 per year, for a total of  $600,000.00 for all three (3) years if both optional renewals are exercised. - ​ The need for Heavy Truck Repair services has exceeded Fleet expectations. - ​ Council approved Resolution 24-220 on October 22nd, 2024 to enter into a contract  based on Request for Proposals (298-RFP-FordService-FY25) advertised in August  2024. - ​ Ken Wilson Ford was awarded the contract effective 10/1/2024. - ​ The original Contract amount for the initial one (1) year term to be $150,000.00  with a total not-to-exceed contract amount of $450,000.00 for all three (3) years  (if both optional renewals were exercised) - ​ As of 2/10/2025 we have expended approximately $120,000.00 of the  $150,000.00 available. - ​ This contract has been utilized for over thirtyfive (35) invoices to date, the  average cost is approximately $3450.00. This includes several engine and  transmission replacements each costing a minimum of $5000.00. One of the  larger expenses in December of 2024 included an engine replacement in City of  Asheville Unit# 285 totaling $27,542.98. - ​ A contract amendment is needed in the amount of $150,000.00 per year, bringing  the total not-to-exceed amount to $300,000.00 per year, for a total of  $900,000.00 for all three (3) years (if both optional renewals are exercised.) - ​ The original contract amounts were determined based on a combination of prior years  spending (challenging with an aging fleet), large expenditures already incurred, upcoming  PM schedules, and any known issues that may have been put off due to cost or time. - ​ These resolutions will allow us to maintain on-call contracts for the City’s Fleet of over  1300 Vehicles. - ​ TS Helene put additional stresses on much of the City’s Vehicles and Equipment  causing higher needs for Maintenance and Repair than anticipated. - ​ On-call contracts make it easier for Fleet staff to Quickly and efficiently obtain estimates  and repairs for City of Asheville vehicles.  ​ ​  \fVendor Outreach Efforts: - ​ Fleet staff worked alongside ABI Office throughout the Request for Proposals (RFP) and  Selection process conducted in 2024 to ensure opportunities were extended to any and  all Vendors. - ​ The RFP was advertised according to City’s ABI and Purchasing Policies and  Procedures. - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Electronic Vendor Portal (eVP). - ​ The Asheville Business Inclusion Office’s list of City Vendors for Outreach was consulted  for any known relevant vendors before the RFP was advertised. - ​ No Minority and women owned Business Enterprise (MWBE) vendors were identified  during this process.  Committee(s): - ​ None  Pro(s): - ​ Allows third party service work as a supplement to in house staff. - ​ Allows for a quicker and more efficient process in the repair of downed vehicles. - ​ Returns City vehicles to service in a timely manner. - ​ Provides flexibility in service delivery without significant capital investment in equipment  or facilities that aren’t used on a daily basis. - ​ Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes. - ​ Maintain a healthy working relationship with the Vendor by ensuring timely payments.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this contract is available in the Fleet Division’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-03-11","mt":"regular","id":"I","ref":"RES 25-48 / RES 25-49 / RES 25-50 / RES 25-51","it":"resolution","t":"Resolutions authorizing the City Manager (item I)","desc":"Background: - ​ The Fleet Management Division of the Public Works Department maintains over 100 City  owned Fire Apparatus of various makes & models. - ​ Subcontracted work is used to supplement existing staff resources at times of high  demand or to provide services where the Fleet Division does not have suitable facilities  or resources. - ​ Fire Apparatus repair contracts are needed due to the specialized nature of the vehicles  being worked on. - ​ The Asheville Fire Department’s National Fire Protection Association (NFPA) Certification  has guidelines that require fire apparatus repair and services be performed by Certified  Emergency Vehicle Technicians (EVT). - ​ Fire Apparatus repairs often require specialized tools and equipment that is not utilized  frequently enough in which the City has sought to procure them. - ​ Request for Proposals (RFP) 298-RFP-FireApparatus-FY25 was advertised in January  2025 for Fire Apparatus Repair and Service. - ​ A total of Six (6) submissions were received as a result. - ​ FleetPro Truck Center submitted a proposal and was identified as an MWBE Vendor  during this process. We are unable to enter into contract with them for this project as they  do not possess EVT (Emergency Vehicle Technician) Certifications. We will use them for  other needs as possible. - ​ Diesel Power Truck Center submitted a proposal during this process however we are  unable to enter into a contract with them for this project as they do not possess EVT  (Emergency Vehicle Technician) Certifications. - ​ Fleet Management intends to enter into Four (4) On-Call Contracts with proposing  vendors to the Request for Proposals (RFP). - ​ All Pro Fire & Safety, Statesville NC; $75K/yr, $225K Total - ​ Atlantic Emergency Solutions, Candler NC; $150K/yr, $450K Total - ​ Carolina 1926 d/b/a Carolina Caterpillar, Asheville NC; $200K/yr, $600K Total - ​ Safe Industries, Oakboro NC; $400K/yr, $1.2M Total - ​ These will be not-to-exceed contracts and no funds will be encumbered until an actual  repair is needed. - ​ These repairs will come from Fleet Management’s annual operating budget. - ​ These contracts will be for an initial term of one (1) year with the option for two (2) one  year renewals.  ​ ​  \fVendor Outreach Efforts: ​ - ​ The Request for Proposals (RFP) was advertised according to City’s Asheville Business  Inclusion (ABI) and Purchasing Policies and Procedures. - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - ​ The Asheville Business Inclusion (ABI) Office list of City Vendors for Outreach was  consulted for any known relevant vendors before the RFP was advertised. - ​ FleetPro Truck Center was identified as an MWBE Vendor during this process.  Committee(s): - ​ None  Pro(s): - ​ Allows third party service work as a supplement to in-house staff. - ​ Allows for a quicker and more efficient process in the repair of vehicles. - ​ Returns City Front Line Fire Apparatus to service in a timely manner. - ​ Provides flexibility in service delivery without significant capital investment in equipment  or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis - ​ Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for these contracts is available in the Public Works Department Fleet Division’s  operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-03-11","mt":"regular","id":"IV-A","ref":"ORD 5125","it":"public_hearing","t":"UDO amendment on cottage development standards - resident-led proposed wording with Appendix 7-F exclusions (Map 3)","desc":"​ This is the consideration of a resident-led text amendment to Section 7-16-1 (b) (20) to change the development regulations related to cottage developments. This public hearing was advertised on October 13 and 20, 2023. On October 24, 2023, this public hearing was continued to January 23, 2024. On January 23, 2024, this public hearing was continued to February 13, 2024. On February 13, 2024, this public hearing was continued to April 23, 2024. On April 23, 2024, at the request of the applicant that the public hearing be continued, City Council continued the hearing to September 10, 2024 -On September 10, 2024, the public hearing was continued to February 11, 2025. On February 11, 2025, the public hearing was continued to this date.  ​ For information purposes only, the following staff report regarding cottage development standards was provided to City Council and the public:  “  Background: - ​ The intention of the Cottage Development Ordinance is to permit smaller, single-unit  dwellings to live in clustered communities oriented around common open space. - ​ This is currently permitted in RS-8, RM-6, RM-8 and RM-16 zoning districts.  ​ ​  - ​ As multi-family residential is already an allowed use within RM districts, the anticipated  impact of this amendment would be primarily within RS-8 zoning. - ​ This resident-led UDO amendment proposes to: - ​ reduce the minimum number of cottages from five to two. (The petitioner has  amended the original to leave the current minimum of five cottages for properties  south of I-40 and north of the Blue Ridge Parkway as a response to concerns  from the Shiloh neighborhood.) - ​ eliminate the 200 foot separation requirement between cottage developments,  and - ​ to eliminate the clause that orients cottages toward the primary street. - ​ The Missing Middle Housing Study recommends not decreasing the minimum number of  cottages to anything less than three, because that would undermine the primary intent of  the cottage cluster: to create community-oriented living and shared open space. - ​ The proposed text amendment has been reviewed against the recently-passed state  legislation (SB 382) that limits municipal downzoning action. This review found no conflict  with this legislative regulation. - ​ Staff presented an overall anti-displacement strategy and timeline for Council policy  consideration at a Council work session on September 24, 2024 and had proposed to be  able to present specific anti-displacement and housing updates in January. However,  Tropical Storm Helene impacted the work plan by prioritizing staff to support recovery  efforts. - ​ On September 10, 2024, the City Council public hearing was held and then Council  agreed to postpone a vote until February 11, 2025.  Comprehensive Plan Consistency: - ​ This proposal’s intention generally aligns with a number of themes within the Living  Asheville Comprehensive Plan including ‘A Livable Built Environment’. The following  goals are applicable to this zoning amendment: - ​ Increase and Diversify Housing Supply  Committee(s): - ​ Planning and Zoning Commission, 08-2-2023, Recommended approval by 3-1 vote - ​ Urban Forestry Commission, 4-10-2024, Support staff alternate ordinance  Pro(s): - ​ Reduces the land requirement for the creation of new cottage developments, which may  lead to more housing units.  Con(s): - ​ This resident-led proposal undermines the intent of community-based housing by  reducing the minimum number of cottages to two, which is effectively a way to implement  an allowance for two housing units per lot that is currently precluded by single-family  zoning. - ​ A better process would be to consider adjustments to residential single-family zoning  and/or permitting duplexes in all zoning districts. - ​ Conflicts with the recommendations regarding cottage development of the City’s Missing  Middle Study  Fiscal Impact: - ​ This action requires no additional City resources and has no fiscal impact.  ​ ​  \fStaff Recommendation: - ​ Staff recommends denial of the resident-led proposed zoning text amendment to Section  7-16-1(b)(20) of the UDO and finds it unreasonable and not in the public interest because  it undermines the intent of the Cottage Cluster ordinance as stated in the UDO, and acts  as a way to circumvent permitted uses within certain residential zoning districts.  Suggested Motion: - ​ Motion to deny the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are not  reasonable, are not in the public interest, and are not consistent with the City's  comprehensive plan and supportive studies.  Alternate Motion if Approved: - ​ Motion to approve the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are reasonable, in  the public interest, and consistent with the Comprehensive Plan.”  ​ In response to Councilman Hess, Mr. Collins said that three units would not be applicable to the tree canopy protection ordinance. Councilwoman Roney noted that was why the Urban Forestry Commission did not recommend approval as proposed by the applicant.  ​ City Attorney Branham said that the motion in front of Council now is the previous motion to deny the UDO amendment regarding cottage development standards. The motion was made by Councilwoman Roney at the February 11, 2025, meeting to deny the UDO amendment regarding cottage development standards and that we now need a second to continue with that motion. Vice-Mayor Mosley seconded the motion and the motion failed on a 3-4 vote, with Councilman Hess, Mayor Manheimer, Councilwoman Turner and Councilwoman Ullman voting “no.”  ​ Councilwoman Ullman said that she supported the amendments for cottage development and flag lot standards, to allow them in most of the neighborhoods, but putting pause on the neighborhoods that are on Map 3. That would allow for more time, diligence, conversation and listening from the City to the community members in those neighborhoods to hear what type of things they are interested in for displacement work, do they have zoning ideas in mind, and have more of a dialogue. By going in this approach we are able to take action now to ensure affordable, sustainable and inclusive development.  ​ Councilman Hess confirmed that Appendix 7-F shows the parcels in the excluded areas. He said that after hearing from the neighborhoods it’s possible that staff can then work on a more complete overlay.  ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":1,"mr":"contested vote","sq":19},{"d":"2025-03-11","mt":"regular","id":"IV-A-deny","ref":"","it":"public_hearing","t":"Motion to deny UDO amendment on cottage development standards (carried over from Feb 11 meeting)","desc":"​ This is the consideration of a resident-led text amendment to Section 7-16-1 (b) (20) to change the development regulations related to cottage developments. This public hearing was advertised on October 13 and 20, 2023. On October 24, 2023, this public hearing was continued to January 23, 2024. On January 23, 2024, this public hearing was continued to February 13, 2024. On February 13, 2024, this public hearing was continued to April 23, 2024. On April 23, 2024, at the request of the applicant that the public hearing be continued, City Council continued the hearing to September 10, 2024 -On September 10, 2024, the public hearing was continued to February 11, 2025. On February 11, 2025, the public hearing was continued to this date.  ​ For information purposes only, the following staff report regarding cottage development standards was provided to City Council and the public:  “  Background: - ​ The intention of the Cottage Development Ordinance is to permit smaller, single-unit  dwellings to live in clustered communities oriented around common open space. - ​ This is currently permitted in RS-8, RM-6, RM-8 and RM-16 zoning districts.  ​ ​  - ​ As multi-family residential is already an allowed use within RM districts, the anticipated  impact of this amendment would be primarily within RS-8 zoning. - ​ This resident-led UDO amendment proposes to: - ​ reduce the minimum number of cottages from five to two. (The petitioner has  amended the original to leave the current minimum of five cottages for properties  south of I-40 and north of the Blue Ridge Parkway as a response to concerns  from the Shiloh neighborhood.) - ​ eliminate the 200 foot separation requirement between cottage developments,  and - ​ to eliminate the clause that orients cottages toward the primary street. - ​ The Missing Middle Housing Study recommends not decreasing the minimum number of  cottages to anything less than three, because that would undermine the primary intent of  the cottage cluster: to create community-oriented living and shared open space. - ​ The proposed text amendment has been reviewed against the recently-passed state  legislation (SB 382) that limits municipal downzoning action. This review found no conflict  with this legislative regulation. - ​ Staff presented an overall anti-displacement strategy and timeline for Council policy  consideration at a Council work session on September 24, 2024 and had proposed to be  able to present specific anti-displacement and housing updates in January. However,  Tropical Storm Helene impacted the work plan by prioritizing staff to support recovery  efforts. - ​ On September 10, 2024, the City Council public hearing was held and then Council  agreed to postpone a vote until February 11, 2025.  Comprehensive Plan Consistency: - ​ This proposal’s intention generally aligns with a number of themes within the Living  Asheville Comprehensive Plan including ‘A Livable Built Environment’. The following  goals are applicable to this zoning amendment: - ​ Increase and Diversify Housing Supply  Committee(s): - ​ Planning and Zoning Commission, 08-2-2023, Recommended approval by 3-1 vote - ​ Urban Forestry Commission, 4-10-2024, Support staff alternate ordinance  Pro(s): - ​ Reduces the land requirement for the creation of new cottage developments, which may  lead to more housing units.  Con(s): - ​ This resident-led proposal undermines the intent of community-based housing by  reducing the minimum number of cottages to two, which is effectively a way to implement  an allowance for two housing units per lot that is currently precluded by single-family  zoning. - ​ A better process would be to consider adjustments to residential single-family zoning  and/or permitting duplexes in all zoning districts. - ​ Conflicts with the recommendations regarding cottage development of the City’s Missing  Middle Study  Fiscal Impact: - ​ This action requires no additional City resources and has no fiscal impact.  ​ ​  \fStaff Recommendation: - ​ Staff recommends denial of the resident-led proposed zoning text amendment to Section  7-16-1(b)(20) of the UDO and finds it unreasonable and not in the public interest because  it undermines the intent of the Cottage Cluster ordinance as stated in the UDO, and acts  as a way to circumvent permitted uses within certain residential zoning districts.  Suggested Motion: - ​ Motion to deny the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are not  reasonable, are not in the public interest, and are not consistent with the City's  comprehensive plan and supportive studies.  Alternate Motion if Approved: - ​ Motion to approve the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are reasonable, in  the public interest, and consistent with the Comprehensive Plan.”  ​ In response to Councilman Hess, Mr. Collins said that three units would not be applicable to the tree canopy protection ordinance. Councilwoman Roney noted that was why the Urban Forestry Commission did not recommend approval as proposed by the applicant.  ​ City Attorney Branham said that the motion in front of Council now is the previous motion to deny the UDO amendment regarding cottage development standards. The motion was made by Councilwoman Roney at the February 11, 2025, meeting to deny the UDO amendment regarding cottage development standards and that we now need a second to continue with that motion. Vice-Mayor Mosley seconded the motion and the motion failed on a 3-4 vote, with Councilman Hess, Mayor Manheimer, Councilwoman Turner and Councilwoman Ullman voting “no.”  ​ Councilwoman Ullman said that she supported the amendments for cottage development and flag lot standards, to allow them in most of the neighborhoods, but putting pause on the neighborhoods that are on Map 3. That would allow for more time, diligence, conversation and listening from the City to the community members in those neighborhoods to hear what type of things they are interested in for displacement work, do they have zoning ideas in mind, and have more of a dialogue. By going in this approach we are able to take action now to ensure affordable, sustainable and inclusive development.  ​ Councilman Hess confirmed that Appendix 7-F shows the parcels in the excluded areas. He said that after hearing from the neighborhoods it’s possible that staff can then work on a more complete overlay.  ​","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Mosley","r":"failed","ta":"3-4","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":1,"mr":"contested vote","sq":18},{"d":"2025-03-11","mt":"regular","id":"IV-B","ref":"ORD 5126","it":"public_hearing","t":"UDO amendment on flag lot standards - resident-led proposed wording with Appendix 7-F exclusions","desc":"​ This is the consideration of a resident-led text amendment to the Unified Development Ordinance to change the development regulations related to flag lot standards. This public hearing was advertised on October 13 and 20, 2023. On October 24, 2023, this public hearing was continued to January 23, 2024. On January 23, 2024, this public hearing was continued to February 13, 2024. On February 13, 2024, this public hearing was continued to April 23, 2024. On April 23, 2024, at the request of the applicant that the public hearing be continued, City Council continued the hearing to September 10, 2024 -On September 10, 2024, the public hearing was continued to February 11, 2025. On February 11, 2025, the public hearing was continued to this date.  ​ For information purposes only, the following staff report regarding flag lot standards was provided to City Council and the public:  “  Background: Proposal Background- - ​ Mr. Barry Bialik, resident, originally submitted a petition for City Council to consider  changes to this ordinance in 2023. - ​ City Council originally raised concerns about the timing of this proposal because the  findings and recommendations from the Missing Middle Housing Report (MMHR) had yet  to be finalized and lack of community input. - ​ The Missing Middle Report was published in spring of 2024; staff analyzed the  resident-led proposal, performed community engagement, and prepared a  staff-supported alternative proposal for Council review. - ​ The petitioner submitted an amendment to the proposal on April 4, 2024, after it had  been reviewed by the Planning and Zoning Commission. - ​ The proposal that is being presented to Council today has not been re-reviewed by any  board, commission or committee, and includes some recommended changes from what  was reviewed by the PZC, as shown below. - ​ The resident-led and staff-supported proposals were placed on Council’s April 23, 2024  meeting for consideration. Based on public comment in advance of the meeting, the  items were continued until September 10, 2024. On September 10, 2024, the City  Council public hearing was held and then Council agreed to postpone a vote until  February 11, 2025. - ​ Staff withdrew the staff-supported proposal from Council’s agenda based on Council  direction to prepare for adoption of one or more regulations or programs to support an  anti-displacement strategy for Legacy Neighborhoods or other areas with populations  vulnerable to displacement. - ​ Staff presented an overall anti-displacement strategy and timeline for Council policy  consideration at the Council work session on September 24, 2024 and had proposed to  be able to present a mix of specific anti-displacement and housing updates in January  though Tropical Storm Helene impacted the work plan by prioritizing staff to support  recovery efforts.  ​ ​  - ​ In late September, PUD was directed to focus housing measures on commercial corridors  before embarking on residential area rezoning efforts. Technical Review - ​ Flag Lots allow a substandard subdivision of land in order to facilitate development for  abnormally shaped property and/or to overcome difficult site constraints. - ​ This petition seeks to relax flag lot standards for the purposes of promoting more  residential development in the City of Asheville. - ​ In general, staff believe this to be an ineffective tool for increasing housing supply  because it incentivizes single-family homes and tends to create disorganized  development patterns. - ​ The UDO currently requires all flag lots that are created to meet the following standards: - ​ The minimum width of the flag lot at the street shall not be less than 20 feet. - ​ The minimum width of the flagpole portion of the lot shall be 20 feet. - ​ That the flagpole portion of the lot shall not be counted when calculating  minimum lot area, width and depth, and off-street parking requirements. - ​ That a gravity sewer service line be installed where public sewer is available. - ​ Limits applicant to the creation of one flag lot per subdivision of eight lots or less;  and/or no more than 2 flag lots or 10 percent of the total lots in a subdivision for  subdivisions of more than eight lots. - ​ Additionally, the Subdivision section of the ordinance (Section 7-15-1(i)1(c))  discourages the creation of irregular lots. - ​ The proposed text amendment has been reviewed against the recently-passed  state legislation (SB 382) that limits municipal downzoning action. This review  found no conflict with the legislative regulation. - ​ The amended resident-led petition proposes the following changes to the City’s  ordinance: - ​ Reduction of both the width at the street and the width of the flag pole portion of  the lot from 20 to 10 feet unless the driveway is not shared with the parent  parcel, in which case the required width will be 16 feet. - ​ Inclusion of the flagpole area of the lot as calculated lot area for determining  compliance with UDO requirements for lot size, lot width, parking and other  elements. - ​ Elimination of the UDO requirement for installation of a gravity sewer service line. - ​ Expansion of the limit to the number of flag lots that can be created in a  subdivision from 10 percent to 25 percent. - ​ Inclusion of a provision for a three-foot setback requirement for the parent parcel  along the flagpole. - ​ The most recent changes to the resident proposal have addressed staff’s  technical concerns with the amendment.​   Proposed Changes Since Approval by the Planning & Zoning Commission​   Clause Existing Regulation As Approved by the Current Proposal  PZC   Minimum flagpole 20 feet Five feet 16 feet unless part of  width a shared driveway,  then 10 feet   Flag lots allowed in a 10 percent of lots Unlimited 25 percent of lots  subdivision  ​ ​  \f Parent parcel side Minimum lot standard Minimum lot standard Three feet  setback along (typically 6 feet) (typically 6 feet)  flagpole   Structure Size NA NA 1,000 SF footprint,  1,400 SF total area  (The proposal to limit  the size of the flag lot  structure would  conflict with recent  legislative changes in  regard to SB 382 and  so has been removed  from this proposed  ordinance update.)   Front Setback Minimum lot standard As measured from the Six feet, unless a  (typically 15 feet) street duplex is placed  between lots, then  zero  Comprehensive Plan Consistency: - ​ This proposal aligns with a number of themes within the Living Asheville Comprehensive  Plan including ‘A Resilient Economy’. The following goals are applicable to this zoning  amendment: - ​ Increase and Diversify Housing Supply - ​ Promote the Development and Availability of Affordable Housing and Workforce  Housing - ​ This proposal does not align with the theme of ‘Interwoven Equity’ and some goals within  “A Livable Built Environment”. - ​ Improve Community Involvement in Decision Making - ​ Prioritize Investments Equitably and Fairly Across Neighborhoods - ​ Encourage Responsible Growth  Committee(s): - ​ Planning and Zoning Commission (PZC), 08-2-2023, Approved with Conditions by 3-1  vote - ​ Technical Review Committee (TRC), 08-21-2023 and 09-18-2023 - TRC reviewed the  original resident-led proposal at the request of PZC. - ​ They noted two concerns: - ​ 1. a reduced flag pole does not allow for proper utility installation or  grading for stormwater, and - ​ 2. possible negative impacts to neighborhood livability. - ​ After considering the proposed text amendment at two meetings, the Technical  Review Committee did not approve the text amendment as initially proposed (i.e.  5 foot flagpole). However they approved a staff alternate proposal with conditions  by 4-1 vote.  ​ ​  - ​ While the staff alternate is more closely aligned with the amended proposal  Council is considering today, there are still differences. - ​ Neighborhood Advisory Committee, 10-23-2023, Heard report - ​ Planning and Economic Development Committee, 01-08-2024, Scheduled as  Informational Only - ​ Urban Forestry Commission, 4-10-2024, Support staff alternate ordinance.  Pro(s): - ​ May increase the land available for the creation of new residential lots, which may lead to  more housing units. - ​ Flag lots are currently permitted, so the relative benefit of these proposed changes are  uncertain.  Con(s): - ​ The promotion of more flag lots goes against the recommendations of the Missing Middle  Housing Study by incentivizing more single-family development that tends to be more  expensive housing. - ​ The proposed changes may establish nonconforming parent parcels by allowing setbacks  and lot widths below the minimum zoning district standards. - ​ This proposal would impact all properties in any residential zoning district.  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.  Staff Recommendation: - ​ Staff recommends denial of the resident-led proposed zoning text amendment to revise  Sections 7-11-2(j) of the UDO primarily for procedural reasons.  Suggested Motion: - ​ Motion to deny the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are not  reasonable, are not in the public interest, and not wholly consistent with the  Comprehensive Plan.  Alternate Motion if Approved: - ​ Motion to approve the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are reasonable, in  the public interest, and consistent with the Comprehensive Plan.”  ​ City Attorney Branham reiterated that the motion in front of Council now is the previous motion to deny the UDO amendment regarding flag lot standards. The motion was made by Councilwoman Roney at the February 11, 2025, meeting to deny the UDO amendment regarding flag lot standards and that we now need a second to continue with that motion. Vice-Mayor Mosley seconded the motion and the motion failed on a 3-4 vote, with Councilman Hess, Mayor Manheimer, Councilwoman Turner and Councilwoman Ullman voting “no.”  ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":1,"mr":"contested vote","sq":21},{"d":"2025-03-11","mt":"regular","id":"IV-B-deny","ref":"","it":"public_hearing","t":"Motion to deny UDO amendment on flag lot standards (carried over)","desc":"​ This is the consideration of a resident-led text amendment to the Unified Development Ordinance to change the development regulations related to flag lot standards. This public hearing was advertised on October 13 and 20, 2023. On October 24, 2023, this public hearing was continued to January 23, 2024. On January 23, 2024, this public hearing was continued to February 13, 2024. On February 13, 2024, this public hearing was continued to April 23, 2024. On April 23, 2024, at the request of the applicant that the public hearing be continued, City Council continued the hearing to September 10, 2024 -On September 10, 2024, the public hearing was continued to February 11, 2025. On February 11, 2025, the public hearing was continued to this date.  ​ For information purposes only, the following staff report regarding flag lot standards was provided to City Council and the public:  “  Background: Proposal Background- - ​ Mr. Barry Bialik, resident, originally submitted a petition for City Council to consider  changes to this ordinance in 2023. - ​ City Council originally raised concerns about the timing of this proposal because the  findings and recommendations from the Missing Middle Housing Report (MMHR) had yet  to be finalized and lack of community input. - ​ The Missing Middle Report was published in spring of 2024; staff analyzed the  resident-led proposal, performed community engagement, and prepared a  staff-supported alternative proposal for Council review. - ​ The petitioner submitted an amendment to the proposal on April 4, 2024, after it had  been reviewed by the Planning and Zoning Commission. - ​ The proposal that is being presented to Council today has not been re-reviewed by any  board, commission or committee, and includes some recommended changes from what  was reviewed by the PZC, as shown below. - ​ The resident-led and staff-supported proposals were placed on Council’s April 23, 2024  meeting for consideration. Based on public comment in advance of the meeting, the  items were continued until September 10, 2024. On September 10, 2024, the City  Council public hearing was held and then Council agreed to postpone a vote until  February 11, 2025. - ​ Staff withdrew the staff-supported proposal from Council’s agenda based on Council  direction to prepare for adoption of one or more regulations or programs to support an  anti-displacement strategy for Legacy Neighborhoods or other areas with populations  vulnerable to displacement. - ​ Staff presented an overall anti-displacement strategy and timeline for Council policy  consideration at the Council work session on September 24, 2024 and had proposed to  be able to present a mix of specific anti-displacement and housing updates in January  though Tropical Storm Helene impacted the work plan by prioritizing staff to support  recovery efforts.  ​ ​  - ​ In late September, PUD was directed to focus housing measures on commercial corridors  before embarking on residential area rezoning efforts. Technical Review - ​ Flag Lots allow a substandard subdivision of land in order to facilitate development for  abnormally shaped property and/or to overcome difficult site constraints. - ​ This petition seeks to relax flag lot standards for the purposes of promoting more  residential development in the City of Asheville. - ​ In general, staff believe this to be an ineffective tool for increasing housing supply  because it incentivizes single-family homes and tends to create disorganized  development patterns. - ​ The UDO currently requires all flag lots that are created to meet the following standards: - ​ The minimum width of the flag lot at the street shall not be less than 20 feet. - ​ The minimum width of the flagpole portion of the lot shall be 20 feet. - ​ That the flagpole portion of the lot shall not be counted when calculating  minimum lot area, width and depth, and off-street parking requirements. - ​ That a gravity sewer service line be installed where public sewer is available. - ​ Limits applicant to the creation of one flag lot per subdivision of eight lots or less;  and/or no more than 2 flag lots or 10 percent of the total lots in a subdivision for  subdivisions of more than eight lots. - ​ Additionally, the Subdivision section of the ordinance (Section 7-15-1(i)1(c))  discourages the creation of irregular lots. - ​ The proposed text amendment has been reviewed against the recently-passed  state legislation (SB 382) that limits municipal downzoning action. This review  found no conflict with the legislative regulation. - ​ The amended resident-led petition proposes the following changes to the City’s  ordinance: - ​ Reduction of both the width at the street and the width of the flag pole portion of  the lot from 20 to 10 feet unless the driveway is not shared with the parent  parcel, in which case the required width will be 16 feet. - ​ Inclusion of the flagpole area of the lot as calculated lot area for determining  compliance with UDO requirements for lot size, lot width, parking and other  elements. - ​ Elimination of the UDO requirement for installation of a gravity sewer service line. - ​ Expansion of the limit to the number of flag lots that can be created in a  subdivision from 10 percent to 25 percent. - ​ Inclusion of a provision for a three-foot setback requirement for the parent parcel  along the flagpole. - ​ The most recent changes to the resident proposal have addressed staff’s  technical concerns with the amendment.​   Proposed Changes Since Approval by the Planning & Zoning Commission​   Clause Existing Regulation As Approved by the Current Proposal  PZC   Minimum flagpole 20 feet Five feet 16 feet unless part of  width a shared driveway,  then 10 feet   Flag lots allowed in a 10 percent of lots Unlimited 25 percent of lots  subdivision  ​ ​  \f Parent parcel side Minimum lot standard Minimum lot standard Three feet  setback along (typically 6 feet) (typically 6 feet)  flagpole   Structure Size NA NA 1,000 SF footprint,  1,400 SF total area  (The proposal to limit  the size of the flag lot  structure would  conflict with recent  legislative changes in  regard to SB 382 and  so has been removed  from this proposed  ordinance update.)   Front Setback Minimum lot standard As measured from the Six feet, unless a  (typically 15 feet) street duplex is placed  between lots, then  zero  Comprehensive Plan Consistency: - ​ This proposal aligns with a number of themes within the Living Asheville Comprehensive  Plan including ‘A Resilient Economy’. The following goals are applicable to this zoning  amendment: - ​ Increase and Diversify Housing Supply - ​ Promote the Development and Availability of Affordable Housing and Workforce  Housing - ​ This proposal does not align with the theme of ‘Interwoven Equity’ and some goals within  “A Livable Built Environment”. - ​ Improve Community Involvement in Decision Making - ​ Prioritize Investments Equitably and Fairly Across Neighborhoods - ​ Encourage Responsible Growth  Committee(s): - ​ Planning and Zoning Commission (PZC), 08-2-2023, Approved with Conditions by 3-1  vote - ​ Technical Review Committee (TRC), 08-21-2023 and 09-18-2023 - TRC reviewed the  original resident-led proposal at the request of PZC. - ​ They noted two concerns: - ​ 1. a reduced flag pole does not allow for proper utility installation or  grading for stormwater, and - ​ 2. possible negative impacts to neighborhood livability. - ​ After considering the proposed text amendment at two meetings, the Technical  Review Committee did not approve the text amendment as initially proposed (i.e.  5 foot flagpole). However they approved a staff alternate proposal with conditions  by 4-1 vote.  ​ ​  - ​ While the staff alternate is more closely aligned with the amended proposal  Council is considering today, there are still differences. - ​ Neighborhood Advisory Committee, 10-23-2023, Heard report - ​ Planning and Economic Development Committee, 01-08-2024, Scheduled as  Informational Only - ​ Urban Forestry Commission, 4-10-2024, Support staff alternate ordinance.  Pro(s): - ​ May increase the land available for the creation of new residential lots, which may lead to  more housing units. - ​ Flag lots are currently permitted, so the relative benefit of these proposed changes are  uncertain.  Con(s): - ​ The promotion of more flag lots goes against the recommendations of the Missing Middle  Housing Study by incentivizing more single-family development that tends to be more  expensive housing. - ​ The proposed changes may establish nonconforming parent parcels by allowing setbacks  and lot widths below the minimum zoning district standards. - ​ This proposal would impact all properties in any residential zoning district.  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.  Staff Recommendation: - ​ Staff recommends denial of the resident-led proposed zoning text amendment to revise  Sections 7-11-2(j) of the UDO primarily for procedural reasons.  Suggested Motion: - ​ Motion to deny the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are not  reasonable, are not in the public interest, and not wholly consistent with the  Comprehensive Plan.  Alternate Motion if Approved: - ​ Motion to approve the resident-led proposed wording amendments to Chapter 7 of the  Asheville Code of Ordinances and find that the proposed amendments are reasonable, in  the public interest, and consistent with the Comprehensive Plan.”  ​ City Attorney Branham reiterated that the motion in front of Council now is the previous motion to deny the UDO amendment regarding flag lot standards. The motion was made by Councilwoman Roney at the February 11, 2025, meeting to deny the UDO amendment regarding flag lot standards and that we now need a second to continue with that motion. Vice-Mayor Mosley seconded the motion and the motion failed on a 3-4 vote, with Councilman Hess, Mayor Manheimer, Councilwoman Turner and Councilwoman Ullman voting “no.”  ​","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Mosley","r":"failed","ta":"3-4","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":1,"mr":"contested vote","sq":20},{"d":"2025-03-11","mt":"regular","id":"IV-C","ref":"ORD 5127","it":"public_hearing","t":"Ordinance No. 5127 amending the UDO to increase the threshold for Level III site plan review and related development review thresholds","desc":"Background: - ​ The Unified Development Ordinance (UDO) defines thresholds for different levels of  projects with corresponding levels of scrutiny and review (UDO Sec. 7-5-9): - ​ Level I projects are administered by staff. - ​ Level II projects are administered by staff and require Technical Review  Committee review with pre-application requirements such as a neighborhood  meeting. - ​ Level III projects require a conditional zoning to an expansion district with review  by the Technical Review Committee (TRC) and Planning & Zoning Commission  (PZC), with final decision made by City Council. - ​ Level III projects requiring a conditional zoning typically take significantly longer for  entitlement and conceptual approval than other project levels and also provide  uncertainty for developers. - ​ Other sections of the UDO require properties to make improvements to come into “full  site compliance” for various development activities (UDO Sec. 7-11-1), as well as  specifically for the construction of new sidewalks (UDO Sec. 7-11-8). - ​ The Planning & Zoning Commission drafted and proposed an amendment to section  7-5-9 of the UDO to change the thresholds for Level I, II and III projects. - ​ The most significant change proposed is to measure non-single family residential projects  in gross square footage instead of by dwelling unit count. By setting a new baseline for  Level III projects at 100,000 sq. ft. for all project types, instead of 50 residential units, this  effectively raises the threshold for residential projects which would otherwise require a  conditional zoning. - ​ The Planning & Zoning Commission recommended approval of this UDO zoning text  amendment at its April 6, 2024 meeting and a further refined version at its June 6, 2024  meeting. - ​ Planning and Urban Design, in working with the Planning & Zoning Commission, has  refined the proposed amendments in a more consistent and cohesive manner, while also  furthering the goals of the PZC’s initial amendment of removing barriers to development  by eliminating or reducing triggers for full site compliance and sidewalk construction as  specified in UDO Sec. 7-11-1 and 7-11-8. ​ ​  - ​ Further revisions of the project level thresholds focus on raising development thresholds  for Level III projects only for parcels located in commercial corridors and mixed-use  districts, as well as incentivizing affordable housing by further increasing the Level III and  conditional zoning threshold, as proposed below. - ​ The proposed text amendment has been reviewed against the recently-passed state  legislation (SB 382) that limits municipal downzoning action. This review found no conflict  with this legislative regulation. - ​ Commercial corridors and mixed-use districts consist of the following zoning districts:  Neighborhood Business (NCD), Office (OFF I), Office II (OFF II), Office/Business (OB),  Community Business I (CBI), Community Business II (CBII), Highway Business (HB),  Regional Business (RB), Neighborhood Corridor (NCD), Institutional (INST), Haywood  Road (HR), RAD Residential (RAD-RES), RAD Lyman Hollow (RAD-LYH), RAD  Neighborhood Transition (RAD-NT), RAD Shopfront (RAD-SHP), RAD Industrial  (RAD-IND), Resort (RSRT), and Central Business District (CBD).   Baseline: 100,000 sq. ft. for Level III for non-mixed use projects with no affordability - ​ Tier 1: 5% at 80% AMI OR 2% at 60% AMI for 20 years = 150,000 sq. ft. - ​ Tier 2: 10% at 80% AMI OR 5% at 60% AMI for 20 years = 200,000 sq. ft. - ​ Tier 3: 15% at 80% AMI OR 7% at 60% AMI for 20 years = 250,000 sq. ft. - ​ Tier 4: 20% at 80% AMI or 10% at 60% for 20 years = 300,000 sq. ft.   Baseline: 150,000 sq. ft. for Level III for mixed-use (30-80% residential) with no affordability - ​ Tier 1: 5% at 80% AMI OR 2% at 60% AMI for 20 years = 200,000 sq. ft. - ​ Tier 2: 10% at 80% AMI OR 5% at 60% AMI for 20 years = 250,000 sq. ft. - ​ Tier 3: 15% at 80% AMI OR 7% at 60% AMI for 20 years = 300,000 sq. ft. - ​ Tier 4: 20% at 80% AMI or 10% at 60% for 20 years = 350,000 sq. ft.  Comprehensive Plan Consistency: - ​ This proposal supports a number of goals in the Living Asheville Comprehensive Plan,  including: - ​ Encourage Responsible Growth - by simplifying the Unified Development  Ordinance, and allowing for a broader range of allowable densities and  compatible housing options. - ​ Increase and Diversify the Housing Supply - by reducing administrative  barriers to housing development and diversification. - ​ Celebrate the Unique Identity of Neighborhoods Through Creative  Placemaking - by encouraging expedited development review for projects that  incorporate affordable housing.  Fiscal Impact: - ​ N/A  Staff Recommendation: - ​ Staff recommends approval of this zoning text amendment request based on the reasons  stated above.  ​ Councilwoman Roney said that it’s interesting that Nashville, Tennessee, was named in public comment, because she has spoken with councilors there who now speak with regret to who was displaced and the sprawl that unaffordable, trickle-down housing strategy caused. She said that she doesn’t get to give a grade like she would for her students, being limited to options of yes and no. The way she sees it, the threshold decisions are simply out of sequence. Transit oriented development is widely considered a best practice as housing close to transit means being able to get to work, school, the grocery store without requiring access to or the expense of a car. She wants to support this but there are a couple missing steps that need to happen before we give up the existing Council negotiation tools, especially as zoning has a history of causing harm in our community and we have an opportunity to use it to help and heal. She thinks an appropriate sequence means we should: 1) approve the affordable housing plan; 2) approve the missing middle housing study and displacement risk assessment; 3) bring forward a benefits table at least as good as the one we use to incentivize building hotels; and 4) implement tools to protect our neighborhoods vulnerable to displacement; then bring this back in the right order to expedite the transit-oriented development our community is capable of. The risk of passing this in the shadow of SB 382 means we don’t get to go back later and fix it or add public benefits like renewable energy readiness and multimodal infrastructure. Also, at the current levels of affordability, we are knowingly leaving behind voucher holding, elder, disabled, working-class neighbors. The author of Homelessness is a Housing Problem noted when he presented in Asheville that if communities don’t build housing for incumbent residents, you’ll build housing and still have a housing problem. We can get back on track with a sequence that uses zoning to help and heal instead of harm if it’s a priority.  ​ Councilwoman Turner offered the following revised threshold chart:  ​ Affordability term - 20 years Level III Threshold ​ Level III Threshold ​ ​ ​ ​ ​ ​ Non Mixed Use ​ Mixed Use  ​ ​  \fTier 1 ​ 5% at 80%AMI or; 3% at 60%AMI >​ 100,000 sq ft.​ >150,000 sq ft Tier 2 ​ 10% at 80AMI or; 5% at 60%AMI >​ 150,000 sq ft ​ >200,000 sq ft Tier 3 ​ 15% at 80%AMI or; 8% at 60%AMI> 200,000 sq ft ​ >250,000sq ft No further tiers ​ ​ Councilman Hess felt we are making it too hard for people to live in our City and supported Councilwoman Turner’s revised threshold chart.  ​ In response to Councilwoman Roney, City Attorney Branham explained how the recent Senate Bill 382 possibly relates to these UDO amendments if passed.  ​ Councilwoman Turner felt that this revised table may not work in the River Arts District and felt that we might want to revisit this once the new flood maps are available for the River Arts District.   ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Hess","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":1,"mr":"contested vote","sq":22},{"d":"2025-03-11","mt":"regular","id":"IV-D","ref":"ORD 5128","it":"ordinance","t":"Ordinance No. 5128 amending the UDO to update parking standards (eliminate off-street parking minimums for most developments)","desc":"Background: - ​ The UDO requires minimum off-street parking spaces for residential uses based on the  type of residential use and the number of bedrooms for multi-family uses - ​ UDO Sec. 7-11-2(c)(1) eliminates off-street parking requirements for residential  developments in transit corridors, mixed-use districts, and form-based zoning districts. - ​ The Living Asheville Comprehensive Plan defines the preferred growth area as within  ½-mile of transit-supportive centers and ¼-mile along transit routes. - ​ The Planning & Zoning Commission drafted and proposed an amendment to this section  of the UDO (Sec. 7-11-2. Parking, loading and access standards) previously. This new  Zoning Text Amendment will address many of the concerns the Commission raised in  that iteration. ​ ​  - ​ Housing developers attended a focus group held on September 16, 2024, during which  the attendees expressed unanimous support for the proposed amendment stating that it  would provide a great deal of flexibility. The majority of the attendees expressed that they  would likely still provide parking at a level determined appropriate by their own project  planning efforts. - ​ The American Institute for Economic Research notes that the cost of one parking space  can range from about $9,000 to about $80,000, depending on whether it’s at ground  level, above, or below. These costs are often passed to residential tenants in the form of  higher rents. - ​ The proposed amendment will remove all minimum off-street parking requirements for  residential developments in the following districts: HB–Highway Business, RB–Regional  Business, CBD–Central Business District, CBI–Community Business I, CB II–Community  Business II OB–Office Business, OI-Office I, OII–Office II, NCD–Neighborhood Corridor  District, NB–Neighborhood Business, RIV–River, HR–Haywood Road, and River Arts  Form districts. Unless otherwise stated, bicycle parking will be calculated as a  percentage of residential units in a development. - ​ The ability to exceed maximum parking limits will be eliminated under this Zoning Text  Amendment. Any project seeking to exceed its maximum parking limits would need to  either seek a variance or apply for a conditional rezoning. - ​ The Planning & Zoning Commission recommended approval of a similar UDO zoning text  amendment at its April 6, 2024 meeting, and recommended approval of this amendment  at the January 22, 2025 meeting. - ​ The proposed text amendment has been reviewed against the recently-passed state  legislation (SB 382) that limits municipal downzoning action. This review found no conflict  with this legislative regulation.  Comprehensive Plan Consistency: - ​ This proposal aligns with a number of themes within the Living Asheville Comprehensive  Plan including ‘A Livable Built Environment’ and ‘A Healthy Community’'. The following  goals are applicable to this zoning amendment: - ​ Goal #1: Encourage Responsible Growth (p. 130) - ​ Goal #4: Enhance Parking Management Strategies (p. 142) - ​ Goal #28: Create a sustainable path to balanced budgets (p. 240) - ​ Goal #29: Enhance Safety of Public Realm (p. 244)  Committee(s): - ​ Planning & Zoning Commission (PZC) - April 3, 2024 - Approved initial proposal (Vote  6:0) - ​ Expand the elimination of off-street parking requirements for residential  developments by including: - ​ Areas within ¼ mile of transit-supportive corridors - ​ Areas within ½ mile of transit stops - ​ Multi-Modal Transportation Commission (MMTC) - May 22, 2024 - Support - ​ The commission reviewed and was supportive of the proposed zoning text  amendment and provided the additional recommendation that minimum parking  requirements be eliminated for residential uses city-wide.  ​ ​  - ​ Planning & Zoning Commission (PZC) - June 6, 2024 - Approved with conditions (Vote  6:0) - ​ Planning & Zoning Commission (PZC) - January 22, 2025 - Approved with conditions  (Vote 5:0) - ​ The commission’s condition was to strongly urge council to revisit the elimination  of residential parking within the next six months.  Pros: - ​ Supports the goals of the comprehensive plan aimed at A Livable Built Environment and  A Healthy Community. - ​ Supports the Council's goal of Neighborhood Resilience. - ​ Developers' time and resource savings could be passed on to buyers, resulting in a  decrease in housing/construction costs. - ​ This text amendment can potentially reduce urban heat island effects by reducing the  requirements for parking and, therefore, the amount of asphalt in developments.  Cons: - ​ The elimination of off-street parking requirements for residential and commercial  developments does not guarantee that developers will completely remove parking from  all development submittals. - ​ There is the potential for more demand for on-street parking which could exacerbate a  limited supply in some areas of the city.  Fiscal Impact: - ​ N/A  Staff Recommendation: - ​ Staff recommends approval of the proposed zoning text amendment to update the UDO  standards for Parking Standards in Chapter 7 of the UDO because this is consistent with  the Living Asheville comprehensive plan in that it directly furthers several goals of the  plan while promoting specific Council goals as well.  ​","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":23},{"d":"2025-03-11","mt":"regular","id":"IV-E","ref":"ORD 5129","it":"ordinance","t":"Ordinance No. 5129 amending the UDO to update definitions and commercial zoning districts to remove barriers and encourage housing along transit supportive corridors","desc":"BARRIERS AND ENCOURAGE THE DEVELOPMENT OF HOUSING AlONG  TRANSIT SUPPORTIVE CORRIDORS  ​ ​  \fBackground: - ​ The UDO currently allows housing in commercial zoning districts but includes certain  form and density limitations which have been identified as barriers to the development of  more housing. - ​ Housing developers attended a focus group held on September 16, 2024, during which  the attendees expressed support for regulatory changes to simplify the development  code and to remove barriers that limit housing development. - ​ Staff proposes to update UDO sections 7-8-8. Neighborhood Business District, 7-8-9.  Office District, 7-8-10. Office II District, 7-8-11. Office/Business District, 7-8-12.  Community Business I District, 7-8-13, Community Business II District, 7-8-16. Highway  Business District, 7-8-17. Regional Business District, 7-8-19. Neighborhood Corridor  District, and 7-8-41. Commercial Expansion District. - ​ The proposed text amendment has been reviewed against the recently-passed state  legislation (SB 382) that limits municipal downzoning action. This review found no conflict  with this legislative regulation. - ​ Key changes: - ​ Removal of residential density caps to provide greater flexibility, - ​ Expansion of gross floor area limits for residential uses, - ​ Reiteration of the exemption to off-street parking minimums for residential (see  the related UDO amendment changes minimum off-street parking standards),  and - ​ Clean ups and removal of extraneous zoning code to simplify the document for  all users - ​ The housing-related potential of these updates is summarized in the chart below: ​   ​ ​ Comprehensive Plan Consistency: - ​ This proposal aligns with a number of themes within the Living Asheville Comprehensive  Plan including ‘A Livable Built Environment’ and ‘A Healthy Community’'. The following  goals are applicable to this zoning amendment: - ​ Goal #1: Encourage Responsible Growth - ​ Goal #2: Increase Mixed-Use Development along Transit Corridors  Fiscal Impact: - ​ N/A  Staff Recommendation: - ​ Staff recommends approval of this UDO Amendment request based on the reasons  stated above.  ​","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":1,"mr":"contested vote","sq":24},{"d":"2025-03-11","mt":"regular","id":"J","ref":"RES 25-52","it":"resolution","t":"Resolution authorizing the City Manager (item J)","desc":"Background:  ​ ​  - ​ Asheville Parks & Recreation (APR) maintains over 50 parks/greenway facilities, this  contract will provide mowing service at 15 priority park/greenway properties while APR  Asset Management team will maintain the other 35 park/greenway properties. - ​ Each year it has become increasingly difficult to recruit, hire and train qualified temporary  seasonal workers. - ​ A Request for Proposals was advertised for interested companies to provide mowing  services for one (1) year with an option to renew for an additional two (2) years. - ​ Wilde Acre, was selected based on having the lowest responsive and responsible bid. - ​ The contractor will provide all labor, materials, and supplies for the operations and  management for mowing services, ensuring the priority parks will be operated in a well  kept, safe, efficient manner.​  Vendor Outreach Efforts: - ​ Staff performed outreach to minority- and women-owned businesses through solicitation  processes which included direct vendor outreach, and posting on the State’s Interactive  Purchasing System to reach out to Minority & Women-Owned Business Enterprise  (MWBE) service providers. - ​ There were five proposals submitted including one minority and two woman owned  businesses. - ​ The selected company is a Minority or Women-Owned Business Enterprise (MWBE). - ​ The contractor was selected based on the lowest responsive / responsible bid.  Committee(s): - ​ None  Pro(s): - ​ Contracting with a professional landscape maintenance company will allow for consistent,  efficient maintenance - ​ Reduces the seasonal hiring impacts on the Human Resources/Parks & Recreation  Departments to recruit, hire and on-board temporary/seasonal employees.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this contract exists within the currently approved APR operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-03-11","mt":"regular","id":"K","ref":"RES 25-53","it":"resolution","t":"Resolution authorizing the City Manager (item K)","desc":"Background: - ​ The Parks & Recreation Department maintains over 87 acres of predominantly mowing  and edging at Riverside Cemetery weekly during the months of March through October. - ​ Each year it has become increasingly difficult to recruit, hire and train qualified temporary  seasonal workers. - ​ A Request for Proposals was advertised for interested companies to provide mowing  services for (1) year with an option to renew for an additional (2) years. - ​ Rivertop Contracting, was selected based on having the lowest responsive and  responsible bid. - ​ The contractor will provide all labor, materials, and supplies for the operations and  management for mowing services, ensuring the priority parks will be operated in a well  kept, safe, efficient manner.​  Vendor Outreach Efforts: - ​ Staff performed outreach to minority- and women-owned businesses through solicitation  processes which included direct vendor outreach, and posting on the State’s Interactive  Purchasing System to reach out to Minority & Women-Owned Business Enterprise  (MWBE) service providers. - ​ There were six proposals submitted including one minority and two woman owned  businesses. - ​ The selected company is not a Minority or Women-Owned Business Enterprise (MWBE). - ​ The contractor was selected based on the qualifications, understanding of the scope of  services, cost, and availability.  Committee(s): - ​ None  Pro(s): - ​ Contracting with a professional landscape maintenance company will allow for consistent,  efficient maintenance - ​ Reduces the seasonal hiring impacts on the Human Resources/Parks & Recreation  Departments to recruit, hire and on-board temporary/seasonal employees.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this contract exists within the currently approved Parks & Recreation  department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-03-11","mt":"regular","id":"L","ref":"RES 25-54","it":"resolution","t":"Resolution of support for the NCDOT abandonment of SR-1683 (Campus Drive)","desc":"Background: - ​ The University of North Carolina at Asheville (UNCA) has filed an Abandonment Petition  with the North Carolina Department of Transportation (NCDOT), requesting that a portion  of secondary road SR-1683 (Campus Drive) be abandoned by NCDOT for a total length  of 0.45 miles. - ​ Because this roadway is within the City of Asheville’s city limits, the City Council is  required to provide a resolution of support for the requested abandonment. - ​ City staff has reviewed UNCA’s petition request and finds the information accurate and  does not have any concerns regarding the transfer of responsibility including  maintenance for this section of Campus Drive from NCDOT to UNCA. - ​ The remainder of Campus Drive already is owned and maintained by UNCA.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ N/A  Pro(s): - ​ UNCA assumes ownership and maintenance responsibility of what is currently an  NCDOT-maintained portion of road.  Con(s): - ​ None  Fiscal Impact: - ​ None","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-03-11","mt":"regular","id":"M","ref":"RES 25-55","it":"resolution","t":"Resolution authorizing the City Manager (item M)","desc":"Background: - ​ The Asheville Rides Transit (ART) system played a key role in the City’s Helene response  and has continued to be integral to the community’s storm recovery. - ​ As part of the Fiscal Year 2025 budget process, the City Council approved funding to  prepare a Comprehensive Operational Analysis of the Asheville Rides Transit system  (ART). - ​ The study’s scope of work includes evaluating service needs, ridership demand,  demographic changes, and future growth over the next 10 years. The study will assess  current operations, explore new service delivery methods like microtransit, consider  environmental and financial sustainability, and recommend short-term (1-5 years) and  long-term (6-10 years) service changes for potential implementation. - ​ In this study the contractor will recommend cost-neutral changes as well as full-cost  improvements that consider both operational and capital needs. - ​ In this study a robust community engagement effort will be conducted in order to solicit  feedback from the community and various stakeholders through workshops and surveys. - ​ The study is expected to conclude in March 2026 and will include a final report that will  detail recommendations and a strategy for their implementation. - ​ By assessing and building on the City’s goals and strategies as established in the Transit  Master Plan, this study will not only identify areas of improvement but also be  instrumental in developing a framework to enhance service reliability and support the  community’s mobility needs throughout the storm recovery process and into the future.  Vendor Outreach Efforts: - ​ Outreach and engagement followed the City’s business inclusion processes. This  process requires, at a minimum, staff outreach to businesses that have a documented  contracting disparity directly and/or through prime contractors. - ​ Four proposals were received in response to the RFP: - ​ All four proposals provided the required ABI documents in their proposals. - ​ One proposal reported itself as self-performing. - ​ Three of the four proposals include subcontracting with women-owned  businesses. - ​ The proposal from Jarrett Walker & Associates, LLC includes partnering with  Simon Resources, Inc. which is a women-owned communications, surveying,  and public engagement firm. - ​ An ad-hoc Selection Committee was formed to select the most qualified firm and  included members from the departments of Transportation, Finance, and  Communications & Public Engagement, Buncombe County, French Broad River  Metropolitan Planning Organization, and others. - ​ The Selection Committee selected Jarrett Walker & Associates, LLC for the  contract.  Committee(s): - ​ N/A  Pro(s): - ​ Approving the contract will allow the City to conduct a Comprehensive Operational  Analysis of the Transportation Department’s Transit Division. ​ ​  - ​ This study will provide cost-neutral and full-cost recommendations for improving the  efficiency and effectiveness of the Asheville Rides Transit system (ART) and establish a  potential implementation strategy for short-term (1-5 years) and long-term (6-10 years)  service changes.  Con(s): - ​ N/A  Fiscal Impact: - ​ This contract will not exceed $299,877. - ​ Funding for the project is currently budgeted in the FY25 Transit Operations Fund.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-03-11","mt":"regular","id":"N","ref":"RES 25-56","it":"resolution","t":"Resolution of intent to permanently close a road and set a public hearing on April 8, 2025","desc":"Background: - ​ North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. - ​ The statute requires City Council to consider whether the closure of the right-of-way has  a negative impact to the public interest and whether the closure would impede access to  parcels, utilities, and other public infrastructure. - ​ Property Owner, Kevin Hole LLC has submitted an application requesting to permanently  close approximately 208' of unopened right-of-way accessed from Morningside Drive. - ​ There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way. - ​ The closure is intended to facilitate a small subdivision project.  Committee(s): - ​ Technical Review Committee (TRC), December 2, 2024 - recommended approval; - ​ Multimodal Transportation Commission (MMTC) - Due to the temporary suspension of  boards and commissions, the MMTC did not review the request. However, MMTC review  is not legally required and the applicant has requested to move forward.  Pro(s): - ​ There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.  ​ ​  \fCon(s): - ​ None.  Fiscal Impact: - ​ There is no fiscal impact associated with the requested right-of-way closure","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-03-11","mt":"regular","id":"O","ref":"RES 25-57 / ORD 5123","it":"resolution","t":"Resolution authorizing the City Manager; budget amendment for previously approved item","desc":"Background: - ​ Federal Transit Administration (FTA) grant funds are apportioned to the Asheville  Urbanized Area (AUZA) annually by the Federal Transit Administration and are disbursed  by the City of Asheville, as the Designated Recipient, to the regional transit agencies  (Subrecipients), including Buncombe County, Haywood County and Henderson County. - ​ This action would authorize the expenditure and disbursement of City and Subrecipient  transit grant funds for FY 2019, FY 2020, and FY 2023 from three annual programs that  support existing transit services. - ​ Section 5307 Urban Transit Funds - These funds are allocated annually to the  Asheville Urbanized Area (AUZA) and are split between the City and  Subrecipients based on a formula determined by the French Broad River MPO  (FBRMPO). Funds cannot be expended until approved in an executed FTA grant. - ​ Section 5307 Job Access Reverse Commute (JARC) - The total amount of funds  for this program originates from a 10% set-aside of Section 5307 Urban Transit  funds. Each year, agencies must apply to the FBRMPO for JARC Funds. The  ​ ​  \f City typically receives JARC funds to offset some of the cost of Route 170, and  more recently Route S3. - ​ Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities -  These funds are allocated annually to the AUZA. Each year, agencies must apply  to the FBRMPO for 5310 funds. - ​ The City Attorney’s Office and Purchasing Division have determined that a City Council  resolution specifically authorizing the disbursement of funds to each Subrecipient, the  amount being disbursed to each, and the execution of agreements for each of the subject  Fiscal Years, is necessary in order to provide reimbursements to Subrecipients. This  action was already approved by the City Council for FY 2021 and FY 2022 last year.  The following tables outline the amounts being disbursed to each entity by program for FY 2019, FY 2020, FY 2023.  Section 5307 Urban Transit Funds FY19 Section 5307 Urban Transit Funding  Subrecipient Allocation Amount  JARC Set-Aside (10% of total allocation) $296,270  City of Asheville $1,136,752  Buncombe County $763,169  Haywood County $222,398  Henderson County $544,114   Total $2,962,703   FY20 Section 5307 Urban Transit Funding   Subrecipient Allocation Amount   JARC Set-Aside (10% of total allocation) $303,792   City of Asheville $1,165,611   Buncombe County $782,544   Haywood County $228,044   Henderson County $557,928   Total $3,037,919  ​ ​  \f FY23 Section 5307 Urban Transit Funding   Subrecipient Allocation Amount   JARC Set-Aside (10% of total allocation) $408,379   City of Asheville $1,566,828   Buncombe County $1,051,904   Haywood County $306,529   Henderson County $750,152   Total $4,083,792  Section 5307 Job Access Reverse Commute Funds  FY19 Section 5307 JARC Funds   Subrecipient Project Amount Funded Local Match (Varies)   City of Asheville ART Route 170 $231,558 $231,558   Buncombe County Black Mountain $35,055 $35,055  Trailblazer   Mountain Projects URBAN Fixed $94,400 $23,600  Route-Capital   Mountain Projects URBAN Fixed Route - $99,000 $99,000  Operations   City of Asheville JARC Admin of $22,131 $0  Mountain Projects   City of Asheville JARC Admin Fee at $29,627 $0  10%   Total $511,771 $389,213   FY20 Section 5307 JARC Funds   Subrecipient Project Amount Funded Local Match (varies)   City of Asheville ART Route 170 $210,124 $210,124   Buncombe County Black Mountain $81,704 $81,704  Trailblazer  ​ ​  \f FY20 Section 5307 JARC Funds   City of Asheville JARC Admin Fee at $32,681 $0  10%   Total $324,509 $291,828   FY23 Section 5307 JARC Funds   Subrecipient Project Amount Funded Local Match (50%)  (50%)   City of Asheville ART Routes 170 and $408,379 $408,379  S3   Total $408,379 $408,379  Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities  FY19 Section 5310 Funds   Subrecipient Project Amount Local Match  Funded (varies)   City of Asheville ADA Paratransit $166,832 $41,708   Buncombe County Supplemental Elderly and Disabled $18,559 $4,640  Transportation Assistance Program (EDTAP)   Buncombe County RIDE Voucher Program $13,508 $13,508   Council on Aging Call-A-Ride Program $15,196 $15,196   Land of Sky Senior Companions Program $11,815 $11,815   Madison County Mars Hill Transportation $17,426 $17,426   Madison County Nutrition Access $14,745 $14,745   Mountain Projects URBAN Fixed Route Paratransit $42,250 $42,250   City of Asheville Program Administration $33,704 $0   Total $334,035 $161,288   FY20 Section 5310 Funds   Subrecipient Project Amount Local Match  ​ ​  \f FY20 Section 5310 Funds   Funded (varies)   City of Asheville Paratransit Services $102,787 $25,697   Buncombe County SEDTAP $102,787 $25,697   Buncombe County RIDE Voucher Program $20,112 $20,112   Land of Sky Senior Companions Program $42,838 $42,838   Madison County Expanded Nutrition Access $26,058 $26,058   Madison County Expanded Transp to Mars Hill $17,426 $17,426   Mountain Projects Haywood Public Transit-Paratransit (CRRSAA) $54,138 $0   City of Asheville Program Administration (CRRSAA) $6,015 $0   City of Asheville Program Administration $34,668 $0   Total $406,829 $157,828   FY23 Section 5310 Funds   Subrecipient Project Amount Local Match  Funded (varies)   Buncombe County SEDTAP $277,607 $69,402   Buncombe County RIDE Voucher Program $34,441 $34,441   Council on Aging ARPA 5310 Call-A-Ride and SWS $34,483 $34,483   Land of Sky Senior Companions Program $107,734 $107,734   City of Asheville Program Administration $50,474 $0   Total $504,739 $246,060  Vendor Outreach Efforts: - ​ N/A. These funds are apportioned to the Asheville Urbanized Area (AUZA) annually by  the Federal Transit Administration and are disbursed by the City of Asheville, as the  Designated Recipient, to the regional transit agencies (Subrecipients), including  Buncombe County, Henderson County, Haywood County, etc.  Pro(s): - ​ This action would authorize the acceptance, expenditure and disbursement of City and  subrecipient transit grant funds for FY 2019, FY 2020, and FY 2023 from three annual  programs that support existing transit services. - ​ The authorization will allow the City to process reimbursement requests for the City’s  Transit Subrecipients.  Con(s): - ​ None  Fiscal Impact: - ​ The City’s required matching funds are included annually in the Transit Fund operating  budget. The City’s local match for FY 2019, FY 2020, and FY 2023 Section 5307 Urban  Transit funding and FY 2019, FY 2020, and FY 2023 JARC funding was already  encumbered. - ​ The City “passes through” funding to each subrecipient and is not responsible for their  local match. Some pass through funding was previously budgeted.","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-03-11","mt":"regular","id":"P","ref":"ORD 5124","it":"ordinance","t":"Budget amendment for the department (item P)","desc":"Background: - ​ On July 26, 2022, City Council authorized the City Manager to partner on a grant  application to the Department of Energy Renewables Advancing Community Energy  Resilience grant with the North Carolina Clean Energy Technology Center of NC State  University, and execute all agreements if awarded. - ​ The North Carolina Clean Energy Technology Center of NC State University was  awarded this grant. - ​ The City of Asheville is a subawardee of NC State’s awarded grant and a budget  amendment is required to proceed with the project and request reimbursement once  funds are spent.  ​ ​  - ​ The project will procure engineering consulting services to study the feasibility of adding  battery storage and onsite solar (where not present) in one or more City of Asheville  buildings, with a prioritization of critical emergency infrastructure.  Pro(s): - ​ Allows the City to budget for a previously approved project.  Con(s): - ​ None.  Fiscal Impact: - ​ This project is anticipated to be fully funded with a $61,500 reimbursement. No matching  funds are required.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-03-11","mt":"regular","id":"Q","ref":"RES 25-58","it":"resolution","t":"Resolution confirming approval of a (item Q)","desc":"Background: - ​ The Asheville Housing Authority was created by the City of Asheville in 1940 in  accordance with Chapter 157 of the NC General Statutes. - ​ It is a public body and is independent from the City with its own powers as outlined in  North Carolina General Statute Chapter 157. - ​ The Housing Authority is governed by a Board of Commissioners, consisting of 7  members, who serve for a 4 year term and are appointed by the Mayor of the City of  Asheville. - ​ The Internal Revenue Service requires that any bonds issued by the Housing Authority  for developments such as the one described herein, have the financing plan approved by  the City Council, following a public hearing with respect to such plan. - ​ Laurel Wood VOA Affordable Housing , LLC (the “Borrower”) previously requested that  the Asheville Housing Authority (the “Issuer”) issue multifamily housing revenue bonds for  the acquisition and rehabilitation of a 51-unit affordable rental development for seniors  known as Laurel Wood Apartments and the construction of 54 additional, affordable units  on the site to become part of Laurel Wood Apartments located at 650 Caribou Road in  Asheville, a 14.72 acre parcel identified as PIN 9657-10-3768 in the Buncombe County  Registry. - ​ All 105 units in the development will be rent and income restricted at 40, 50, 60 and 80%  of area median income with an affordability period of at least 30 years.  ​ ​  - ​ On March 12, 2024 the City Council adopted Resolution No, 24-66 approving the  Housing Authority issuance of not to exceed $12,775,000 of tax-exempt bonds for the  Laurel Wood Apartments development. - ​ Under the federal tax Code, bonds approved by an elected body for purposes of Section  147(f) of the Code must be issued within one year of the date of such approval; and - ​ Due to an unexpected delay in completing the financing for the Development, the closing  of the Bonds has been delayed such that the Bonds will not be issued by March 12, 2025  and therefore, the Authority and the Borrower have requested the City Council reapprove  the issuance of the Bonds to satisfy the requirements of Section 147(f) of the Code.  Council Goals: - ​ Quality Affordable Housing  Pro(s): - ​ 51 units of affordable senior housing will be preserved and renovated and 54 additional  affordable senior housing units will be constructed. - ​ The new affordability period will be at least 30 years.  Con(s): - ​ None.  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-03-11","mt":"regular","id":"R","ref":"RES 25-59","it":"resolution","t":"Resolution approving the issuance of (item R)","desc":"Background: - ​ On September 27, 2022 via Resolution No. 22-222, the Asheville City Council granted  the request of Battery Park (TC2) Senior Housing Limited Partnership (the “Borrower”) to  approve the Asheville Housing Authority (the “Issuer”) issuance of up to $20,000,000 in  multifamily housing revenue bonds for the acquisition and rehabilitation of Battery Park  Apartments. - ​ Battery Park is a 100% subsidized senior housing community for residents aged 62 and  older, located at 1 Battle Square in downtown Asheville, consisting of one, 14-story  building with 122 affordable apartments (113 one-bedrooms and 9 two-bedrooms). The  building was originally constructed in the early 1920s as the Battery Park Hotel and  underwent an extensive adaptive reuse in the 1980s to allow for affordable housing. - ​ The property has been well maintained and managed by National Church Residences,  but has not undergone a substantial renovation since 2005. The rehabilitation was  ​ ​  \f needed to address critical capital needs of the building to improve safety, accessibility  and extend its useful life. - ​ Construction and rehabilitation commenced in September 2022 and was expected to  have a duration of approximately 16 months. - ​ Due to increased costs resulting from delays in construction related to Hurricane Helene,  the developer/”Borrower” has determined that additional tax-exempt debt is needed for  this project. - ​ The Borrower has received an additional $1Million in bond allocation from the North  Carolina Housing Finance Agency and the Asheville Housing Authority will issue the  additional bonds. - ​ The Internal Revenue Service requires that any bonds issued by the Housing Authority  for developments such as this have the financing plan approved by the City Council,  following a public hearing with respect to such plan. - ​ Therefore, Battery Park (TC2) Senior Housing Limited Partnership (the “Borrower”)  requests City Council approval for the Asheville Housing Authority (the “Issuer”) to issue  an additional amount of $1,000,000 in multifamily housing revenue bonds for the  acquisition and rehabilitation of Battery Park Apartments. - ​ Staff notes that approval does not obligate the City in any way to issue or pay for the  bonds, or for any debt taken on by the developer.  Council Goals: - ​ Quality Affordable Housing  Pro(s): - ​ 122 units of affordable senior housing will be preserved and renovated.  Con(s): - ​ None.  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1jQHE_Sdr6FtGFuWf0FL5oYJk5MOyMPLL/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-03-25","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of March 6 agenda briefing worksession and March 11 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-03-25","mt":"regular","id":"B","ref":"RES 25-60","it":"resolution","t":"Resolution ratifying the City's (item B)","desc":"Background:  - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of  emergency has been in place in Asheville since September 25th in relation to these  damaging storms.  - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.  - In responding to this crisis, the City of Asheville entered into emergency contracts to  address the needs of the community when those needs exceeded the capacity of City  staff.  - Under one such contract, the City engaged Environmental Testing Solutions (ETS), to  perform lead and copper analysis on the drinking water due to North Fork Water  Treatment Facility not being able to provide corrosion control for an average of 19 days. .  - This contract was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from the standard contracting processes in state  law.  - This contract was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3).  - The City has processed more than 3,300 lead and copper test kits since November 2024.  The City is exceeding the federal and state regulation that ninety percent of samples are  below the action level for lead and copper which indicates corrosion control remains  effective.            Committee(s):  - None    Pro(s):  - Allowed the City to immediately act to address an emergency without delay.     Con(s):  - None, aside from the expenses incurred.     Fiscal Impact:  - The total cost of this contract is $350,000, and it is expected that 100% of this expense  will be reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-03-25","mt":"regular","id":"C","ref":"RES 25-61 / ORD 5130","it":"resolution","t":"Resolution to enter into a cashflow loan; budget amendment to budget the loan","desc":"Background:  - The North Carolina General Assembly created a $100 million cashflow loan program  under the Disaster Recovery Act of 2024, which was passed on December 11, 2024.  - The goal of the program is to help local governments whose communities were  devastated by Hurricane Helene while they wait for federal money to arrive.  - In late February, the City received notice that it was awarded a $2,791,793.35 loan as  part of this program.  - The loan, which is not structured as a forgivable loan due to duplication of benefit  concerns with Federal Emergency Management Agency (FEMA) funding, comes with a  0% interest rate and a five-year payback schedule.  - To participate in the cashflow loan program, local governments must execute a loan  agreement, promissory note, and other associated agreements with the State.  - Staff is recommending approval of a resolution accepting the first round of loan funding  from the State and authorizing the City Manager to execute necessary documents to  participate in the loan program.  - The loan agreement requires the City to create a separate fund for the loan proceeds,  which therefore requires a budget amendment to also be adopted in order to transfer the  loan proceeds to the FEMA project within the City’s Special Revenue Fund.     Pro(s):  - While the loan can’t be utilized to replace revenue that the City lost due to Helene, it will  help with overall cash flow and strengthen the City’s year-end balance sheet.  - The State has indicated the possibility of multiple rounds of cashflow loan support so  acceptance of this first loan will help demonstrate to the State and other potential funders  that there is a need for additional Helene-related assistance.     Con(s):  - None    Fiscal Impact:  - As noted above, the City will receive approximately $2.8 million in cash from the loan to  support Helene-related expenses incurred in the current fiscal year.  - The loan is designed to be a cash flow bridge until FEMA reimbursements are received,  which will then be used to pay back the loan.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-03-25","mt":"regular","id":"D","ref":"RES 25-62","it":"resolution","t":"Resolution amending the tax collection (item D)","desc":"Background:  - The City and the County have an existing agreement in place for the County to bill and  collect property taxes for the City.  - The County is requesting City approval of an addendum to that agreement to reflect the  addition of property tax billing and collection for the City of Asheville Downtown Business  Improvement District (BID).  - The County is requesting that the City pay a first year set up and implementation fee for  the BID tax district of $28,592.48 in the current fiscal year.  - In addition, the County is requesting the City pay an annual billing and collection fee of  $26,432.11 beginning in the current fiscal year with an automatic escalation rate of 2.5%  for each successive year.  - The cost of these fees will be paid from the taxes collected from the Downtown Business  Improvement District (BID).     Pro(s):  - Amends the Tax Collections Agreement as requested by Buncombe County.    Con(s):  - The tax collection fee reduces the overall amount of funding available to provide services  in the BID.     Fiscal Impact:  - The cost of these fees will be paid from taxes collected from the BID; there will be no  General Fund financial impact.","c":"Economic Development","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-03-25","mt":"regular","id":"E","ref":"RES 25-63","it":"resolution","t":"Resolution ratifying a contract (item E)","desc":"Background:  - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene, and a predecessor heavy rain event. A state of  emergency was declared in Asheville on September 25th in relation to the damaging  storms.  - The damage caused by Helene required an immediate response by the City and for  employees to provide around the clock response to the storm.  - In order to keep essential work moving meals were secured and provided by Compass  Group (Chartwells Higher Ed Division)  - From 9/30/24 - 10/11/24 Chartwells at UNCA prepared breakfast, lunch and dinner for  City Employees.  - Meal Preparation: three nutritious meals were provided each day.  - Packaging: All meals were packaged in appropriate to-go containers that   maintained food safety and quality  - Delivery Coordination: All Meals were prepared for daily pick up by designated   City staff  - A daily review of the menu was completed and deliveries were scheduled on a   weekly basis.     Committee(s):  - None     Pro(s):  - Allowed City employees essential to the event to perform needed work to respond to TS  Helene.     Con(s):  - None     Fiscal Impact:  - The contract was in place from September 30, 2024 to October 11, 2024 for a cost of  $112,654.47. It is expected that 100% of this expense will be reimbursed by FEMA..","c":"Community Programs","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-03-25","mt":"regular","id":"F","ref":"RES 25-64","it":"resolution","t":"Resolution authorizing the City Manager (item F)","desc":"Background:  - The Biltmore Estate has been served by the City of Asheville Fire Department since 1995  and Haw Creek has been served by the City of Asheville Fire Department since 2009  through contracts with Buncombe County.  - The Asheville Special Fire Protection and Rescue Service District of Buncombe County  was established and created effective July 1, 2016. It comprises the Biltmore Estate  property, and portions of the Haw Creek District. It is served by the Asheville Fire  Department for fire protection, medical response, and rescue services.  - The County levies a special tax in the District and appropriates those funds to the City of  Asheville.  - The taxes collected by the County from the District are paid to the City by the last day of  each month in twelve equal monthly installments.  - At the end of the fiscal year, the County reconciles the monthly payments made to the  City and the actual amounts collected to make a final adjusted payment in July of the  following fiscal year.  - The current agreement with the County expired at the end of June 2024, and staff seeks  approval of a new agreement with the County, retroactive to July 1, 2024, that will run  through the end of the current fiscal year.      Committee(s):  - Pro(s):  - This contract provides revenue for the City of Asheville that is greater than the cost of  services.     Con(s):  - None    Fiscal Impact:  - The agreement will provide reimbursement for services provided to the County, which is  already budgeted in the FY2025 Special Revenue Fund.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-03-25","mt":"regular","id":"G","ref":"RES 25-65 / ORD 5131","it":"resolution","t":"Resolution authorizing the City Manager to accept the 2024 grant; budget amendment","desc":"Background:  - The City of Asheville receives an annual opportunity to apply for a Department of Justice  (DOJ), Edward Byrne Justice Assistance Grant.  - The DOJ has preliminarily determined that the Asheville Police Department (APD) is  eligible to receive a 2024 award of $71,999 which is allocated to the APD and the  Buncombe County Sheriff’s Office in the amounts of $58,689 and $13,310 respectively.  - APD will use the funds to help outfit a Real Time Intelligence Center (RTIC).  - 00Items to be purchased include a video wall, workstations, chairs, elevated desktops,   and mobile base stations.  - Buncombe County will use the funds to purchase AED equipment packages for sworn   personnel.    Vendor Outreach Efforts:  - Not applicable; Federally funded grant opportunity     Committee(s):  - Previously presented to and approved by the Environment & Safety Committee on  9/24/24 to apply for the grant.     Pro(s):  - Ensures the ability to better protect the safety of the residents of Asheville and Buncombe  County.     Con(s):  - None    Fiscal Impact:  - Matching funds are not required for this grant.","c":"Public Safety","mo":"individual","mv":"Hess","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2025-03-25","mt":"regular","id":"H","ref":"RES 25-66 / ORD 5132","it":"resolution","t":"Resolution authorizing the City Manager to apply for grant ($58,546.94 to Special Revenue Fund); budget amendment","desc":"Background:  - The City of Asheville receives an annual opportunity to apply for a U.S. Department of  Justice (DOJ), Bulletproof Vest Partnership (BVP) Grant.  - The DOJ has preliminarily determined that the Asheville Police Department (APD) is  eligible to receive a 2024 award of $29,273.47 which requires a dollar-for-dollar match by  the City.  - Bulletproof vests expire after 5 years, and during the life of this grant 43 current officer’s  vests will expire and require replacement.  - The funding will allow the purchase of 73 bulletproof vests over the two-year life of the  grant. This allows for APD to use the grant for 30 newly hired officer’s vests as well.     Vendor Outreach Efforts:  - Not applicable; Federally funded grant opportunity     Committee(s):  - Previously presented to and approved by the Environment & Safety Committee on  3/26/24 to apply for the grant.           Pro(s):  - Increases officer safety by providing crucial safety equipment.  - Reduction in cost to the City of Asheville for the purchase of bulletproof vests     Con(s):  - None    Fiscal Impact:  - Funding for the required $29,273.47 local match has been identified within the current  fiscal year Asheville Police Department operating budget.  - This grant offsets the cost of equipment replacement that would otherwise be borne in full  by the City.    Councilwoman Roney said that regarding Consent Agenda Items “H -K”, bullet proof   vests are necessary for our police department. Her vote on Items H-K reflect her continued  commitment to prioritize funding to bring a HEART program to Asheville with a community safety  department like Durham and now Fayetteville have but we don’t yet and need, as well as my  concern about the lack of adequate funding for qualified specialists to be deployed to the real,  serious public safety issues we have around behavioral health crises, substance use,  homelessness, and the need to reduce intimate partner violence and gun violence among our  youth. These crises are not yet a budget priority, but she hears the community expects they  should be and that’s why she is fiscally and morally responsible to use the weight of her vote to  put pressure on the rudder of the ship to move us in a direction for transparency and  accountability in our budgets, plans, and policies, and to invest in a hopeful, healthy, and safe  future for the people who live, work, and visit Asheville.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2025-03-25","mt":"regular","id":"I","ref":"RES 25-67","it":"resolution","t":"Resolution to apply for the 2026 High Intensity Drug Trafficking Areas (HIDTA) Grant ($154,638)","desc":"Background:  - The purpose of the HIDTA program is to reduce drug trafficking and especially production  in the United States, specifically in areas where drug-related activities are having a  significant harmful impact.  - This unit does not focus on, or adopt cases, that are for simple possession, but focuses  only on cases that deal in trafficking, manufacturing, and distribution of illegal drugs.  - The Asheville Police Department acts only as the fiduciary for the grant.  - When expenses are incurred, the fiduciary settles the claims using appropriated City of   Asheville funds and then requests a 100% reimbursement from the federal government.  - The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville   Police Department.  - The Asheville HIDTA is comprised of members of the United States Drug Enforcement  Administration, one officer from the Asheville Police Department, and various individuals  from the Sheriff Offices of several Western North Carolina Counties.  - A United States Drug Enforcement Administration supervisor, who is the Asheville HIDTA  manager, determines how grant funds will be expended.  - All members of the Asheville HIDTA receive reimbursement when they incur qualified  expenses conducting Asheville HIDTA business.  - The Office of National Drug Control Policy has determined that the City of Asheville  is eligible to manage this grant totaling $154,638.00.  - Grant funds are used for overtime, travel, services and supplies.  - All expenses are tracked and audited by local and federal authorities.     Vendor Outreach Efforts:  - None. Funding for this grant is provided by the Office of National Drug Control Policy  (ONDCP).      Committee(s):  - N/A    Pro(s):  - Fosters partnerships with federal and local law enforcement agencies.    Con(s):  - None    Fiscal Impact:  - Matching funds are not required for this grant.     One individual spoke about the 2026 High Intensity Drug Trafficking Areas Grant.","c":"Public Safety","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2025-03-25","mt":"regular","id":"J","ref":"RES 25-68","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Safeguard Recruiting LLC for Police Recruiting Services","desc":"Background:  - The Asheville Police Department (APD) entered into a contractual agreement with  Safeguard Recruiting LLC on 05/01/2024 for police recruiting services.  - The initial contract year ends on 04/30/2025.  - The APD has two one-year renewals available on the contract and would like approval to  renew each year at our discretion.  - APD already includes this expense in the annual budget process, and additional funding  is not required.  - Since the start of the Safeguard contract in May 2024, Safeguard received 1,394 interest  form submissions from candidates seeking employment. Of those, 100 formally applied  through the City of Asheville and participated in applicant testing.  - During this period, APD has hired 19 applicants.    Vendor Outreach Efforts:  - A Request For Proposal (RFP) was posted by the City of Asheville’s Purchasing  Department in January 2024 to solicit proposals for the recruiting service. The winning  bidder was not an MWBE.      Committee(s):  - N/A    Pro(s):  - A proven strategy and marketing plan was developed to attract diverse applicants from a  large audience  - Collaborating with an experienced police recruiting consultant assists the APD in  reaching exceptional applicants through a nationwide online recruiting campaign     Con(s):  - Continued annual cost of contracting    Fiscal Impact:  - Funding for the current year of this contract ($67,200) is available in the Asheville Police  Department operating budget.  - The total contract amount over a 3-year period will be approximately $215,100.","c":"Public Safety","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":18},{"d":"2025-03-25","mt":"regular","id":"K","ref":"RES 25-69","it":"resolution","t":"Resolution authorizing the Purchasing Manager (item K)","desc":"Background:  - Safariland brand items are approved by the Asheville Police Department as required  uniform items per APD policy.  - The items are low cost per unit, but APD occasionally must buy bulk quantities of items  for sworn officers.  - Competitive procurement of Safariland brand items is not possible as Lawmen’s  Distribution LLC has been deemed the only distributor authorized to sell them in North  Carolina by the Safariland manufacturer.  - Expected purchases for FY26 include:  - ERT Communications sets for up to 4 new members ($8,000)  - Suppressors for up to 4 new ERT members ($3,000)     Vendor Outreach Efforts: None - Sole Source     Committee(s): N/A    Pro(s): Allows for standardization of officer uniform equipment    Con(s): Non-competitive procurement of items.    Fiscal Impact:  - The fiscal impact is dependent on the equipment needs of the department which may  change throughout the year. The department will utilize existing funds for all purchases.  - Examples of past purchases include:  - Communication headsets for specialty units (i.e. Emergency Response Team   (ERT), Bomb Squad) - $200 each  - Suppressors for ERT - $750 each  - Misc standard issue uniform accessories (badges, holsters, wallet clips, etc)","c":"Public Safety","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":19},{"d":"2025-03-25","mt":"regular","id":"L","ref":"RES 25-70","it":"resolution","t":"Resolution authorizing the City Manager (item L)","desc":"Background:  - The City of Asheville has owned the property located at 226 Fairway Dr, known as  Asheville Municipal Golf Course, since the course opened in 1927, with a brief exception  ending in the early 2000’s when course ownership was transferred to Buncombe County.  - The City has owned the property consistently since 2006.  - In 2012 the City leased the property to Pope Golf LLC for a total term of 10 years.  - In the fall of 2022, the City filed a lawsuit against Pope Golf LLC for failure to pay rent   payments as required within the lease agreement.  - The City elected not to renew an agreement with Pope Golf LLC and conducted an RFQ   for a new management company.  - In total twelve companies submitted responses for varying types of operations   agreements.  - Commonwealth Golf Partners II - Asheville (CGPA) was selected as the most qualified   company for the City’s needs in operation of the course.  - The City entered into a Management & Operations Services License Agreement with   CGPA for a term of up to 10 years, beginning October 1, 2022.  - The agreement with CGPA provides the City with the ability to dictate maintenance levels   for the course and retain control of maximum allowable green fee and passholder rates.  - Prior to the storm the agreement required a financial risk within the operation of the   course, both for the City and CGPA.  - In the case of a quarterly loss, the City was responsible for 65% of losses, CGP   responsible for 35%.  - In the case of a quarterly profit CGP earned 100% of the first $5,000 and then   55% of remaining net revenue, City earned 45% of all net revenues after the first  $5,000.  - The course recently completed a $2.8 million restoration in August 2024.  - Throughout construction CGPA accepted and covered operations losses per contract.  - The last two financial quarters prior to tropical storm Helene were profitable, showing the   revenue share model created for the agreement worked.  - The course incurred significant damage to holes one through nine as a result of flooding   caused by tropical storm Helene.  - CGPA acted quickly clearing numerous downed trees and other hazards throughout  holes ten through eighteen to reopen the course as a nine-hole golf course beginning  October 28, 2024.  - CGPA has made clear their desire to continue operating the course for the City and to  return to a revenue share model when the course is able to reopen as an 18 hole course,  however they cannot continue the revenue share model with a 9 hole course.  - In December 2024 City Council approved a temporary amendment to the existing  agreement effective through March 31, 2025 to allow time for staff to bring to Council  suggested long term plans for the course and the license agreement.  - Pro forma projections forecast the course operating at a loss of approximately $420,000  per fiscal year until the course reopens as an 18 hole course.  - Best case, realistic timeline for the restoration project shows the course reopening in the  summer of 2027.  - This current proposed amendment will adjust the following items within the agreement  through the length of the term.  - Term:  - 7 years, beginning April 1, 2025 with 3 year mutually agreeable extension and   applicable opt out clauses throughout.  - Revenue share while a 9 hole operation:  - COA to cover 100% of net losses up to $350,000  - CGP to cover 100% of net losses beginning at $350,001  - Revenue share after reopening as an 18 hole course:  - After the first $5,000 quarterly a 65(CGP)/35(COA) revenue share of profits; a   35(CGP)/65(COA) split if losses.  - Facility Maintenance Fee:  - Charged at up to $2 per round, all collected fees reinvested in the course via the  capital maintenance program.  - Protected Events:  - All pre-existing protected tournaments and Buncombe County schools events   remain protected.  - Youth Programming:  - Requirement to maintain and grow Youth on Course and PGA juniors programs.     Committee(s):  - None    Pro(s):  - Allows the City to dictate expense controls, rates and revenue management  - Allows the course to remain open to the public  - Caps the City’s financial exposure to the operation of the facility.     Con(s):  - Funding for the course is not currently identified in the annual operating budget.    Fiscal Impact:  - Funding of $34,000 is available in the FY2025 General Fund operating budget.  - FY2026 and potentially future years will have a maximum cost of $350,000 until the   course reopens as an 18 hole course. Funding will be budgeted in future years.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-03-25","mt":"regular","id":"M","ref":"RES 25-71","it":"resolution","t":"Resolution authorizing the City Manager (item M)","desc":"Background:  - The Public Works Streets Division has a pavement condition survey performed every five  years.  - The survey will evaluate the presence and severity of cracking, potholes, defective  patches, surface defects and roughness.  - This information will be used to produce a numerical score that reflects the condition of  the road.  - This process will be used on all roads to ensure uniform evaluation of the entire road  system.  - The data collected is entered into the Division’s pavement management software.  - This software is used to help select the roads that are included in the Streets Division’s   annual resurfacing contract. The software selection algorithm uses the scoring  information to select roads based upon the most economical path to increasing the  overall system pavement condition score.  - Staff also takes factors such as complaints, traffic volume and the amount of private/utility  construction to make the final road selections.  - A request for qualifications was issued on February 13, 2024, and responses were due  by March 5, 2024.  - 8 responses were received:  - Applied Pavement Technology, Inc. from Urbana, Illinois  - AtkinsRealis from Orlando, Florida  - ESP Associates, Inc. from Fort Mill, South Carolina  - IMS Infrastructure Management Services from Largo, Florida  - Mott McDonald I&E, LLC from Raleigh, NC  - S & ME, Inc. from Raleigh, NC  - Transmap Engineering, PLLC from Columbus, Ohio  - Transystems from Raleigh, NC  - A committee consisting of Public Works staff from the Streets Division and Asset  Management Division deemed Mott McDonald I&E, LLC to be the best qualified firm  based upon their submission.  - Public Works staff negotiated tasks to be performed by the consultant to reach a  not-to-exceed price of $243,063.00.  - Negotiations of the contract were delayed through spring and summer due to scheduling  conflicts with Mott McDonald staff and COA staff availability.  - These conflicts caused the negotiation process to take longer than anticipated.  - This contract was slated for approval in October but was again delayed due to Tropical  Storm Helene and the onset of fall and winter making performing the survey impractical.  - Mott McDonald has honored their pricing after the storm delays.      Vendor Outreach Efforts:  - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services.  - Staff also used the City of Asheville ABI Vendor spreadsheet and the NCDOT Vendor  Database. One MWBE firm was located and directly contacted. This firm did not submit  their qualifications.  - The selected firm of Mott McDonald I&E, LLC will use one subcontractor - ARRB  Systems. This firm is not an MWBE.      Committee(s):  - N/A    Pro(s):  - The data will provide updated information and aid City staff with road resurfacing  decisions to optimize City funds.     Con(s):  - None    Fiscal Impact:  - Funding for this contract was budgeted in the FY25 budget and is available within the  Street Maintenance Project in the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-03-25","mt":"regular","id":"N","ref":"RES 25-72","it":"resolution","t":"Resolution ratifying a supplemental (item N)","desc":"Background:  - The City entered into the following contract on July 22, 2024: Contract No. 92500001, the  Master Contract for On-Call Rental Equipment Services with Carolina 1926 LLC DBA  Carolina Cat.  - Over the course of September 26-29, the City of Asheville experienced unprecedented  rainfall both from Tropical Storm Helene and a predecessor heavy rain event, resulting in  catastrophic damage, primarily from the ensuing flooding and landslides.  - A state of emergency went into effect in Asheville on September 25th in relation to these  damaging storms.  - The equipment needed for recovery efforts exceeded that which was available of the  City’s internal capacity, rendering it necessary to rent certain equipment.  - The $85,000 not-to-exceed limit was projected to be reached sooner than anticipated due  to Tropical Storm (TS) Helene recovery efforts, and thus an amendment to increase the  limit to $170,000 was fully executed on December 31, 2024.  - It was then determined that in order to maximize potential eligibility for FEMA  reimbursement, a supplemental contract with TS Helene-specific federal terms and  conditions and any applicable certifications should be executed.  - Public Works determined that the supplemental contract should have a not-to-exceed  amount of $300,000 in order to be sufficient for the department’s TS Helene-related  equipment rental needs.     Vendor Outreach Efforts:  - This is a supplemental contract to Contract No. 92500001, the Master Contract for   On-Call Rental Equipment Services with Carolina Cat.  - At the time the master contract was initially advertised, staff performed outreach to   minority and women-owned businesses through solicitation processes, which included  posting on the State’s Electronic Vendor Portal (eVP) and requiring prime contractors to  reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers  for any subcontracted services.  - No MWBE firms submitted bids with the prime contractor and all work will be  self-performed by the prime contractor.      Committee(s):  - None    Pro(s):  - Public Works will continue to be able to access equipment needed to complete TS  Helene-related recovery efforts via rental on an as-needed basis.  - The City will not need to purchase various equipment that may only be needed for short  or intermittent periods.     Con(s):  - None.    Fiscal Impact:  - The fiscal impact will vary depending upon utilization, but will not exceed the contract limit  of $300,000.  - Each rental will be paid from the funds allocated to Public Works for the purposes of TS  Helene-related expenses.  - Rentals used for recovery related to TS Helene are expected to be eligible for FEMA  reimbursement.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-03-25","mt":"regular","id":"O","ref":"RES 25-73","it":"resolution","t":"Resolution authorizing the City Manager (item O)","desc":"Background:  - The Parks & Recreation Department maintains over 11 Irrigation systems throughout the  parks during the months of March through October.  - A Request for Proposals was advertised in 2022 for interested companies to provide  irrigation maintenance services for (1) year with an option to renew for an additional (2)  years.  - K2 Irrigation Services, INC., was selected based on the lowest bid costs, qualifications,  understanding of the scope of services and availability.  - The contractor will provide all labor, materials, and supplies for the operations and  management for irrigation maintenance services, ensuring the priority parks will be  operated in a well kept, safe, efficient manner.     Vendor Outreach Efforts:  - Staff performed outreach to minority- and women-owned businesses through solicitation   processes which included direct vendor outreach, and posting on the State’s Interactive  Purchasing System to reach out to Minority & Women-Owned Business Enterprise  (MWBE) service providers.  - There was one proposal submitted including zero minority and zero woman owned  business.  - The selected company is not a Minority or Women-Owned Business Enterprise (MWBE).  - The contractor was selected based on the lowest most responsive and responsible bid.      Committee(s):  - None     Pro(s):  - Contracting with a professional landscape irrigation company will allow for consistent,  efficient maintenance  - Reduces the seasonal hiring impacts on the Human Resources/Parks & Recreation  Departments to recruit, hire and on-board temporary/seasonal employees.     Con(s):  - None    Fiscal Impact:  - Funding for this contract exists within the currently approved Parks & Recreation  Department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-03-25","mt":"regular","id":"P","ref":"RES 25-74","it":"resolution","t":"Resolution authorizing the donation of non-functional charging equipment","desc":"Background:  - In 2020 the charging station equipment began to malfunction. The vendor was unable to   repair, remove, or replace the non-operational EV equipment and offered to donate the  equipment to the City.  - On May 31, 2022 City Council passed Resolution 21-230 agreeing to receive the  donation.  - The non-functional donated charging equipment was removed and has been in storage.  - The chargers would be donated to Appalachian State University which would distribute   them to to-be-determined community colleges for a new workforce development  training/curriculum around EV charging installation and maintenance as part of the  STEPs4GROWTH and EVeryone Charging Forward programs, which are run by the NC  Business Committee on Education.  - The donation would include the following equipment:  - One (1) Signet DCFC Charger  - Two (2) ChargePoint Level 2 Chargers  - If the equipment is not donated, staff would need to start the dispossession process  which includes transporting chargers to a salvage yard or to the landfill.      Committee(s):  - None     Pro(s):  - Avoid sending chargers to a salvage yard or the landfill and instead allow them to be  used for training NC Community College students to repair chargers.     Con(s):  - None     Fiscal Impact:  - No anticipated fiscal impact","c":"Environment & Sustainability","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-03-25","mt":"regular","id":"Q","ref":"RES 25-75","it":"resolution","t":"Resolution authorizing the City Manager (item Q)","desc":"Background:  - Mountain Projects is Haywood County’s contracted transit operator that provides transit  services throughout Haywood County.  - The City of Asheville’s Transit Division is the Designated Recipient for Federal Transit  Administration grants, meaning that the City administers all federal transit grants on  behalf of the region’s transit systems, including Haywood County, Henderson County,  Buncombe County, and others.  - Funds intended for other agencies are budgeted in the City’s budget and then disbursed  to the grant subrecipient under a subrecipient agreement.  - This action authorizes the disbursement of FY 2019 Job Access Reverse Commute funds  and execution of all necessary amendments to the existing agreement between the City  of Asheville and Mountain Projects to allow for such disbursement.     Vendor Outreach Efforts:  - This is an existing agreement between the City and Mountain Projects.     Committee(s):  - None     Pro(s):  - The authorization will allow the City to process reimbursement requests for the City’s   Transit Subrecipient.    Con(s):  - None    Fiscal Impact:  - No Fiscal Impact.  - The $206,091 amount the Federal Transit Administration (FTA) allocated to Mountain   Projects remains unchanged and are pass-through funds.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-03-25","mt":"regular","id":"R","ref":"RES 25-76","it":"resolution","t":"Resolution authorizing the City Manager (item R)","desc":"Background:  - The Helene Hazard Mitigation Program (HMGP) is funded by FEMA and is currently  administered utilizing the state-centric model.  - Buncombe County receives applications from the State that have been approved by  FEMA for properties located within the county and municipalities.  - Buncombe County provides each municipality with a list of applications for review,  information for each individual property and retains the second right of refusal should the  municipality decline to accept an application.  - Mitigation priorities focus on risk reduction, resilient infrastructure, floodplain  conservation, and future mitigation planning.  - The program supports private property owners in property acquisition, elevation,  reconstruction, and landslide mitigation.  - Local governments decide on property acquisitions, with the city retaining the right to  approve or refuse decisions.  - Property transferred to the City through this program must remain a property of the city in  perpetuity and will be deed restricted for passive open space use per the program  requirements.  - An interlocal agreement with Buncombe County is required to facilitate the transfer of  buyout properties within the City of Asheville.      Committee(s):  - None    Pro(s):  - Allows the City to participate in the Hazard Mitigation Grant Program and execute  documents relevant to participation in the program.  - State centric model removes costs to the city to acquire and conduct demolition on  acquisition parcels.     Con(s):  - Property acquired through this program will remove housing and commercial building  stock, reduce tax revenue potential from these parcels and require ongoing maintenance.     Fiscal Impact:  - This action requires no City resources and has no fiscal impact.  - Parcels transferred to the City will require costs for any further investment and   maintenance.","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-03-25","mt":"budget","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session (confidential info; attorney-client privilege)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-03-25","mt":"budget","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1gAPbjZgk4QD8GlV75Xi3U951k92tDopQ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-04-08","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of March 19 agenda briefing worksession and March 25 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-04-08","mt":"regular","id":"B","ref":"RES 25-77","it":"resolution","t":"Resolution to enter into a funding agreement (item B)","desc":"Background:  - The Major Disaster Declaration made by the President of the United States numbered  FEMA DR-4827-NC, Tropical Storm Helene, will provide disaster assistance funds to  qualifying applicants.  - Disaster Assistance funds for FEMA Public Assistance and other FEMA programs once  obligated are passed to the State of North Carolina, Division of Emergency Management  for disbursement to local governments.  - While expedited funding has already been received, this funding agreement is required to  ensure timely processing of Request for Reimbursements for FEMA related projects.  - This funding agreement is required to receive both Federal and State portions of disaster  assistance.     Vendor Outreach Efforts:  - N/A     Council Goal:  - Financially Resilient City    Committee:  - No prior Committee approval.    Pro:  - Required agreement to continue to receive disaster assistance funding related to Tropical  Storm Helene.     Con(s):  - None    Fiscal Impact:  - Agreement is a required step in continuing to receive disaster assistance funding both on  a state and federal level. This includes FEMA funding already approved by the council.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-04-08","mt":"regular","id":"C","ref":"RES 25-78","it":"resolution","t":"Resolution authorizing the City (item C)","desc":"Background: - Funding for Sidewalk, Pedestrian and Safety Improvements along Patton Ave. was approved through a 2016 Bond Referendum. - The Patton Ave. Sidewalk Improvements project includes the installation of approx. 0.45 miles of sidewalk, as well as the installation of curb-and-gutter, crosswalks, and bus pads, along Patton Avenue in West Asheville, from its intersection with Louisiana Avenue to its intersection with Druid Drive. Project page - This project was initially advertised for Bid in February 2023 (#298-PattonSidewalk-FY23). Not enough bids were received and the project did not move forward. - This project was then rebid in March 2023 (#298-RebidPatton-FY23), but not enough bids were received and the project did not move forward. - This project was then advertised for bid again on 02/06/2025, and three (3) bids were received from responsive, responsible bidders on 02/27/2025. The Bidders and Bids are listed below. - Appalachian Sitework Inc. was deemed the lowest responsive, responsible bidder, and are therefore being recommended for award. - Construction Anticipated Start Date: June 2025; Construction Anticipated End Date: April 2026. - Curb and Gutter work may only be performed at night between the hours of 7 PM and 6 AM. Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes that included emailing select MWBE vendors after bid issue, posting on the State’s Interactive Purchasing System, and conducting a Pre-Bid meeting with Marcus Kirkman, wherein ABI policy was clearly explained to attendees. - The recommended Bidder will be utilizing a minority-owned business for Traffic Control, with this participation representing 3.6% ($27,000) of the Total Bid. Committee(s): - None Pro(s): - This project directly achieves Council goals and resolutions. - It will provide a safe, accessible pedestrian route where it is sorely needed: in an area with high vehicular volume, a history of vehicular accidents, where pedestrians have to cross busy streets, driveways, and walk inches from Patton Avenue to access bus-stops and local businesses. - The need for a pedestrian route here is made even more evident by a well-worn “desire path”, engrained in the mud and turf, in the exact area where sidewalk will be installed. Con(s): - During Construction, traffic flow will be impacted along Patton Ave, as well as traffic flow in and out of parking lots that serve commercial businesses. - The impact is mitigated through timing restrictions for certain construction activities (for example, curb and gutter work can only be performed at night), through the installation of https://www.ashevillenc.gov/projects/west-patton-avenue-sidewalk/ traffic control devices, and by providing safe, accessible pedestrian access routes through the construction zone at all times. Fiscal Impact: - Funding for this contract is already included in the adopted Capital Improvement Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-04-08","mt":"regular","id":"D","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. statute","desc":"Background:  - Buncombe County currently bills and collects City property taxes  - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax   collection agreement with Buncombe County to ensure that it fully conforms to the  provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue  Act.  - As part of that compliance, the City Council must, on a monthly basis, approve all  property tax releases and refunds that have been approved by the Buncombe County  Board of Commissioners.  - City of Asheville refunds and releases for February 2025 are included in the document.     Pro(s):  - Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.     Con(s):  - None    Fiscal Impact:  - None.    Suggested Motion:  - Motion to adopt City of Asheville property tax refunds and releases for the month of  February 2025","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-04-08","mt":"regular","id":"E","ref":"","it":"appointment","t":"Motion approving the appointment of proposed slate of directors (Business Improvement District / BID)","desc":"","c":"Economic Development","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":1,"mr":"contested vote","sq":6},{"d":"2025-04-08","mt":"regular","id":"F","ref":"","it":"motion","t":"Motion amending the 2025-26 Council meeting agenda to cancel April 17 agenda briefing worksession and cancel April 22 formal meeting","desc":"(1)   CANCEL THE APRIL 17, 2025, AGENDA BRIEFING WORKESSION; AND (2)   CANCEL THE THE CITY COUNCIL FORMAL MEETING ON APRIL 22, 2025     Mayor Manheimer asked for public comments on any item on the Consent Agenda, but  received none.     Mayor Manheimer said that members of Council have been previously furnished with a  copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-04-08","mt":"regular","id":"IV-A","ref":"RES 25-79","it":"public_hearing","t":"Public hearing to close an unopened right-of-way (Brevard Rd parcels)","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a  resolution to permanently close an unopened right-of-way (ROW) connected to Morningside Drive  between Coventry Circle and Brevard Road. This public hearing was advertised on March 14,  21, 28 and April 4, 2025.    Background:  - North Carolina General Statute § 160A-299 grants cities the authority to permanently  close streets and alleys. The statute requires City Council to consider whether the         closure of the Right-of-Way has a negative impact to the public interest and whether the  closure would impede access to parcels, utilities, and other public infrastructure.  - Chris Johnson, Finance and Operations Manager for Nicholson & Sun on behalf of the  Owner, Kevin Hole LLC has submitted an application requesting to permanently close  approximately 208' of unopened alley ROW on the southernmost portion of the alley  accessed from Morningside Drive.  - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.      Committee(s):  - Technical Review Committee, December 2, 2024, unanimously recommended approval.  - Multimodal Transportation Commission (MMTC) - Due to the temporary suspension of   boards and commissions, the MMTC did not review the request. However, MMTC review  is not legally required and the applicant has requested to move forward.     Pro(s):  - There are no utility conflicts, nor any transportation connectivity opportunities associated  with this unopened right-of-way.     Con(s):  - None.    Fiscal Impact:  - This action requires no (additional) City resources and has no fiscal impact.     Ms. Morriss said (1) Nicholson & Sun, LLC has petitioned for this closure on behalf of the  property owner, Kevin Hole, who owns the properties at 99999 Coventry Cir (963810210800000)  and 99999 Brevard Rd (963810327200000); and (2) The unopened right-of-way connects to  Morningside Drive, however it is only the southernmost portion of the ROW (~208 feet) that the  applicant seeks to close. She used a map, plat and pictures to show the closing. She said the  Technical Review Committee (TRC) met on December 2, 2024, recommendation was to approve  the closure. Due to the temporary suspension of boards and commissions, the Multimodal  Transportation Commission did not review the request. However, MMTC review is not legally  required and the applicant has requested to move forward.     In response to Councilwoman Ullman, Ms. Morriss said that the Technical Review  Committee reviews these closings, with the lens on transportation, utilities, etc.     Mayor Manheimer opened the public hearing at 5:52 p..m., and when no one spoke, she  closed the public hearing at 5:52 p.m.    Mayor Manheimer said that members of Council have previously received a copy of the  resolution and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":7},{"d":"2025-04-08","mt":"regular","id":"VI-A","ref":"RES 25-80","it":"resolution","t":"Resolution authorizing City staff to submit (CDBG-DR action plan) to HUD for review and approval","desc":"Community Development Division Manager James Shelton said that this is the  consideration of a resolution authorizing the City staff to submit the Community Development  Block Grant - Disaster Recovery Action Plan to the U.S. Dept. of Housing & Urban Development  for review and approval.    Background:  - The US Department of Housing and Urban Development (HUD) has provided the City of  Asheville with a direct allocation of Community Development Block Grant - Disaster  Recovery (CDBG-DR) funds in the amount of $225,010,000 to address unmet needs  resulting from the effects of Tropical Storm Helene.  - To receive the CDBG-DR funds, the City must submit an Action Plan to HUD that details  what our community’s ongoing unmet needs are as a result of the disaster and what  programs and activities we intend to fund to address those needs.  - The City has engaged in an extensive data analysis and community engagement process  to identify those unmet needs.  - Based upon the identified needs, as well as what the community and council have  identified as priorities for recovery, a Draft Action Plan was developed and posted for  public comment on March 4th.  - Public comment was received for 30 days online, via email, and at 3 in-person public  feedback sessions.  - All comments were responded to and attached to the plan, changes were made to the  Action Plan according to public comment (in alignment with needs, funding availability,  and eligibility within the program) and noted as such in the plan.  - City Council must now authorize staff to submit the Action Plan to HUD for review and  approval.      Committee(s):  - None. Council committees are suspended following Tropical Storm Helene.    Pro(s):  - By submitting the Action Plan to HUD, the city can begin the process of implementing the  programs that are proposed within the plan once HUD approves.  - Approval at this time will allow the city to submit the Action Plan prior to HUD’s April 21st,  2025 deadline.            Con(s):  - None     Fiscal Impact:  - City will receive $225,010,000 in CDBG-DR funds on a reimbursement basis. Funding is  already budgeted in the Special Revenue Fund.      Mr. Shelton outlined the following key takeaways from his presentation: (1) Since  Helene, the City of Asheville has worked to secure resources from FEMA, the State of North  Carolina, and others for the long-term recovery. On January 16, 2025 HUD allocated  $225,010,000 in CDBG-DR funds to the City and directed the City to develop a CDBG-DR Action  Plan; (2) The CDBG-DR Action Plan estimates the City’s unmet needs and describes how the  City intends to use CDBG-DR funding to address those unmet needs. A robust community  engagement process informed the plan: (a) Over 325 comments were received throughout the  process. Each comment has been responded to and included as an appendix in the plan; and (b)  The final allocations, as well as programmatic language, were adjusted to reflect these comments  and the feedback received will further inform the implementation of the CDBG-DR Action Plan; (3)  At this time, staff is seeking City Council’s authorization to submit the CDBG-DR Action Plan to  HUD for approval. (a) Best practice is to be intentional and strategic about the programs that we  pursue, with a focus on early wins, planning, and long-term resilience. The Plan can be amended  as needed; and (b) This Plan will work in concert with the State of NC’s CDBG-DR Action Plan for  $1.4B – specifically, recognizing their focus on housing programs and our need to be responsive  to economic and infrastructure resilience; and (4) Once the Plan is submitted for approval, we’ll  then begin planning our implementation for activating these funds into our community for  recovery. He then reviewed the CDBG-DR process overview.     The City’s Helene recovery priorities survey’s takeaways shared in February are (1)  Strengthen infrastructure - Focus on water system improvements and climate-adaptive rebuilding;  (2) Expand housing solutions - Increase emergency shelter, rent assistance, and affordable  housing development; (3) Support economic recovery - Focus on business assistance and  workforce stabilization; (4) Enhance food security - Ensure access to essential supplies during  crises; and (5) Maintain sustainability focus - Integrate climate resilience into recovery planning.     He then explained the CDBG-DR community engagement sessions (1) Six input sessions  throughout February prior to plan development (a) 623 direct comments on our community’s  ongoing unmet needs; (b) Key things we heard around each of the CDBG-DR categories: (i)  Infrastructure improvements: Parks, water system resiliency, roads, enhancing public spaces; (ii)  Economic revitalization: Business and economic diversification and support for small businesses;  and (iii) Affordable housing: Need to restore and build new housing units; (2) Draft CDBG-DR  Action Plan published on March 4th (a) Public comment collected via publicinput.com/cdbg-dr or  email for 30 days (March 4 - April 3); and (b) 3 public feedback sessions held in March on  Housing, Economic Revitalization; and Infrastructure; and (3) All comments responded to and  attached to final Plan - Any changes to Plan as a result of comments are noted as such.     He gave project stats for the public comment period, along with a sample of public  comment participants.     Using charts, he explained the alignment with State of North Carolina CDBG-DR  Program allocations. Then, using charts, he showed the CDBG-DR Program recommendations  and public feedback highlights. The following are proposed allocations in the final plan  connection between unmet needs and allocations are in the following program areas: Housing -  $31,000,000; Infrastructure - $125,000,000; Economic Revitalization - $52,000,000; Public  Services - $2,000,000, Planning - $3,759,500; and administration - $11,250,500. Total  $225,010,000.            He then reviewed the housing public feedback highlights, along with recommendations as  follows: (1) Gap funding for the construction and preservation/rehabilitation of affordable  multifamily projects - Multi-family projects best positioned to reach deeper levels of affordability;  (2) State R&R Program: City will pay for hard costs and State will cover administration cost and  tim; (3) Projects in City limits are eligible to apply for other State funding programs; (4) Lowered  the minimum award to $500,000, and has added language to the Affordable Multi-Family Housing  Construction Program to allow for multiple Notices of Funding Opportunities (NOFOs) to be  released, which may have different minimum award criteria and allow for smaller unit  developments; and (5) Amount increased by $2M as a result of public comment. Changes also  made to minimum award amounts and partner selection criteria for deeper affordability.     He then reviewed the infrastructure public feedback highlights, along with the  recommendations as follows: (1) Water System Improvements - such as floodproofing and  infrastructure hardening to prevent service interruptions; (2) Stormwater management - may  include constructing or rehabilitating flood control structures and implementing green  infrastructure; (4) Parks, recreation, and arts and cultural facility improvement to increase  community-building within the city; (4) Affordable housing infrastructure - potential upgrades to  water, sewer, and energy systems, as well as site improvements like lighting, sidewalks, and  transit access; (5) Commercial district revitalization such as streetscape enhancements,  broadband expansion, and public facility upgrades; and (6) Emergency sheltering development &  construction.     He then reviewed the economic revitalization public feedback highlights, along with the  recommendations as follows: (1) The Revitalization of Flooded Commercial Districts Program will  provide comprehensive funding to address the recovery of Asheville’s flooded commercial  districts. Funding includes, but is not limited to, site development and improvements,  improvements to public spaces, facility improvements, flood-proofing, and equipment  investments; (2) The Small Business Support Program provides grants and/or loan funds to local  small businesses or small business support organizations to target job creation, job retention, and  business diversification within the City; (3) The Workforce Development Program addresses an  unmet need for skilled labor and specialized training to benefit Asheville’s recovery from Helene  and rebuilding efforts. This Program may provide funding for construction trade programs,  on-the-job training, and other technical skills; and (4) Amount increased by $2M to respond to  public comment.     Regarding public services, (1) Provides funds to public or non-profit organizations to  reduce and prevent homelessness in the City - Activities may include rapid-rehousing initiatives  and housing counseling services; and (2) Also provides funds to workforce development support  organizations to help address barriers to employment within the City - Activities may include  funding for paid training programs, transportation and/or child care stipends while receiving  training, and other wraparound services.     He then reviewed the planning public feedback highlights, along with the  recommendations as follows: (1) the updates to the existing plans may include, but are not  limited to: an update to the Wilma Dykeman Riverway Master Plan; updates to the Affordable  Housing Plan; a Strategic Plan with recommended updates to the Unified Development  Ordinance; neighborhood plans; public works plans, multi-modal transportation planning; and (2)  the long-term recovery planning may include: area-specific plans for areas with concentrated  damage; infrastructure recovery plans; community connectivity and resiliency plans; housing  recovery and resiliency plans; supporting the CoC with emergency shelter planning; and  economic recovery and resiliency plans. Each amount increased by $500,000 in response to  public comment.            Regarding mitigation, (1) Strengthening flood resilience and stormwater management -  Upgrading stormwater systems, expanding green infrastructure, enhancing floodplain restoration,  etc.; (2) Increasing infrastructure resilience - Reinforcing critical infrastructure, enhancing water  resiliency, modernizing stormwater infrastructure, etc.; (3) Enhancing housing resilience and  community adaptation - Prioritize historically underserved communities with hazard mitigation  efforts; and (4) Supporting economic recovery and risk diversification - Diversifying local  economy, strengthening financial recovery programs, prioritizing flood mitigation in commercial  districts, etc. Mitigation efforts will be woven into implementation.     He then explained how the City Action Plan maintains compliance with HUD guidance.     Councilwoman Roney said that it’s unsurprising to her that food security was a top priority  for our neighbors. Back in 2021 at the City Council retreat, Councilwoman Smith joined her in  pushing to add neighborhood resiliency in our City Council goals and Councilwoman Smith said  something about resilience hubs. She wasn’t sure what that was. After researching that term,  she found resiliency hubs are places in your neighborhood - it can be a spot on your street, the  library, a place where you share food and resources - where we share information. It could look  like community centers, faith community centers that have solar with back-up batteries, so that  we can have emergency response at the neighborhood level. She didn’t see it explicitly named in  our plan but she hears the threads of it in the input. Our plan is kind of vague because we need  to move quickly and we have very specific goals. The resilience hub was what people were doing  - they were filling the gap until the government could respond. Also. $1.1 Billion in needs  assessment is a hard number to wrap your mind around, but it’s not enough yet it seems like a  lot. Among the plans that we have in our community is the climate justice initiative plan and it  shows our vulnerability to not only flooding and wildfires, but also landslides. What she heard  was please don’t let the plan sit on a shelf.     Mr. Shelton responded to Councilman Hess when he asked about child care assistance;  and Councilwoman Smith when she asked about assistance for the Gig community - buskers,  and people who do not have brick and mortar businesses.     In response to Councilwoman Turner, Mr. Shelton explained that using the funds for  capital projects is a best practice as it’s very difficult to make investments in businesses that are  strictly for operational costs. Giving a grant though HUD programs can be very stringent for  disaster recovery investment.     Four individuals spoke to Council in support of the CDBG-DR Action Plan and urged  Council to prioritize climate resilience.    Mayor Manheimer said that members of Council have previously received a copy of the  resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":8},{"d":"2025-04-08","mt":"regular","id":"VI-B","ref":"ORD 5133","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2025-26 fees and charges manual","desc":"Budget Manager Lindsay Spangler said that this is the consideration of adoption of an  ordinance establishing the fees and charges for FY 2025-26.           Background:  - Staff reviews fees and charges as part of the budget process each year and brings  forward recommendations for adjustments early in the process.  - Fees and charges represent a small portion of General Fund revenues but are the major  revenue source for Enterprise Funds.  - Fees and charges made up 31% of total budgeted revenue in the current fiscal year.  - As discussed with City Council at the March 11 Budget Work Session, staff is proposing   fee adjustments in Water that represent year two of the three-year rate plan phase-in that  began in the current fiscal year.  - Outside of Water, staff is proposing only one other fee adjustment, which is the adoption  of a rental fee for the Memorial Stadium Track.  - All other fees will remain unchanged in FY 2025-26.  - More detailed and specific information regarding the fee adjustment was provided as part   of this report.  - If approved, fee adjustments will become effective July 1, 2025.  - Proposed changes are based on impacts to revenues, customers, and service provision.   Typical household impact of the Water fee changes proposed for FY 2025-26 is below:     Bimonthly Usage  Bi-Monthly Bill   Increase FY26 Annual Increase   Residential - 5/8” (8 CCF) $4.12 $24.72   Commercial - 5/8” (84 CCF) $32.18 $193.08   Commercial - 1” (120 CCF) $46.81 $280.86   Manufacturing - 4” (4,992 CCF) $2,698.62 $16,191.72   Manufacturing - 8” (26,306 CCF) $16,903.15 $101,418.90   Wholesale - 8” (18,120 CCF) $9,852.03 $59,112.18     Pro(s):  - Provides for cost recovery from those that directly utilize or benefit from the service  where appropriate, reducing the financial burden of City services on taxpayers.  - Provides additional revenue to support major infrastructure projects in the Water  Enterprise Fund.  - Allows staff to begin communicating fee changes to citizens, customers, and  stakeholders so they are aware of changes that will be implemented on July 1, 2025.     Con(s):  - An increase in the cost of city Water services.    Fiscal Impact:  - Impacts for each recommended change are shown in the document provided.            Ms. Spangler outlined the following key takeaways from her presentation as follows: (1)  Staff reviews fees and charges as part of the budget process each year and brings forward  recommendations for adjustments early in the process; (2) Fees and charges represent a small  portion of General Fund revenues but are the major revenue source for Enterprise Funds; (3) Due  to the financial impact of Tropical Storm Helene on service users, staff recommends to keep fees  and charges changes minimal; and (4) Staff recommendations for FY 2025-26 include: (a)  Continuation of the planned water fee increases (year 2 of the 3-year phase in); and (b) An  initiation of a fee to rent the Memorial Field Track.     Ms. Spangler then showed a chart of the FY 2024-25 General Fund revenues and the FY  2024-25 Enterprise Fund revenues.     Regarding the water cost of service study, (1) A Water Cost of Service Study was  completed in late 2023 that determined the cost of service by functional area, assessed the rate  structure, and made recommendations for multi-year rate adjustments; (2) The results of the  Study were discussed with the Policy, Finance, & HR Committee in multiple meetings during last  year’s budget process; (3) Staff recommended a three-year phase-in approach to the proposed  rate adjustments as the most efficient, effective and equitable approach for our customers since it  will eliminate inequity among customer classes sooner, establish needed funding for the capital  program, and preserve the City’s debt ratings; (4) City Council adopted year one of the three-year  rate adjustments in March 2024 with an effective date of July 1, 2024; (5) Financial Sufficiency -  Ongoing rate adjustments are needed to fund a 5-year capital program initially estimated at $239  million prior to Helene; and (6) Equity / Cost of Service (a) Study found the residential class was  subsidizing other customer classes; specifically commercial/manufacturing and wholesale; (b)  Therefore, commercial/manufacturing and wholesale customer classes will see higher rate  increases relative to other classes; and (c) A 3-year phase-in of the rate adjustments was  recommended and shared with system customers during last year’s budget process.     The FY 2025 year-one rate adjustment accomplishments are as follows: (1) Issued  $26.9M in Water Revenue Bonds in September for the meter replacement project; (2) Increased  pay-go capital funding by $2.7M in FY25 to continue infrastructure replacement projects; (3)  Added a new Project Manager/Engineer position to design and oversee capital projects; (4)  Added a Water Communication Specialist (PIO); and (6) Added four new positions for a South  District Crew to improve response time for emergency water main breaks and provide better  customer service.     The importance of continued rate adjustments are (1) Additional debt issuances are  upcoming for projects that are either already underway or planned: (a) $12.5M - Water Treatment  Plant (WTP) Rehab Project; (b) $75M - WTP treatment enhancements; and (c) $40M - Mills River  Expansion Phase III; (2) Ratings Agencies use metrics such as debt service coverage and  reserves to determine ratings for future bonds - S&P has put Water on a “credit watch with  negative implications” pending outcome of rate discussions; and (3) The community rated  Strengthening Infrastructure as a top concern in the Helene Recovery Priorities survey.     She then reviewed charts of a base rate comparison, the typical customer bill impacts,  and the typical user impact.     Regarding the Memorial Stadium track fee, (1) Due to the completion of the new track,  the Parks and Recreation Department requests to set a fee of $15/hour to rent the track - This is  expected to lead to approx. $1,500 in additional revenue; and (2) This fee allows Parks to remain  consistent with the way it manages its other resources. Charging a fee will allow them to better  manage the utilization of their facility.                    When Mayor Manheimer asked for public comments, none were received.    Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Utilities & Infrastructure","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":9},{"d":"2025-04-08","mt":"regular","id":"VI-C1","ref":"RES 25-81","it":"appointment","t":"Resolution appointing James Wornall as alternate","desc":"Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the  consideration of appointing alternate members to the Board of Adjustment.     The term of John Kledis (alternate) resigned, thus leaving an unexpired term until  January 21, 2027.     The following individuals applied for the vacancies: Joseph Fitzgerald and James  Wornall Jr.     The Chair and the staff liaison recommended to appoint James Wornall as the alternate  member.","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"no material signals","sq":10},{"d":"2025-04-08","mt":"regular","id":"VI-C2","ref":"RES 25-82","it":"appointment","t":"Resolution appointing members to the Civil Service Board (reappoint Goins and Webb; Goins as Chair)","desc":"Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the  consideration of appointing members to the Civil Service Board..     The terms of Carol Goins (current Chair) and Carter Webb expire on May 21, 2025. In  addition, City Council must appoint a Chair. Carol Goins and Richard Deavereaux are interested  in the seat of Chair.     The following individual applied for the vacancy: James Wornall Jr.     The Chair recommended reappointment of Carter Webb.","c":"Boards & Appointments","mo":"individual","mv":"Hess","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"no material signals","sq":11},{"d":"2025-04-08","mt":"regular","id":"agenda-amend","ref":"","it":"motion","t":"Motion to amend the agenda to add a Consent item amending the 2025-26 Council meeting calendar (cancel April 17 briefing and April 22 formal meeting)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/17oaj5JjvwtdJgOmtglX-eHT_blm-q43l/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-05-13","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of April 3 agenda briefing worksession and April 8 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-05-13","mt":"regular","id":"AA","ref":"RES 25-106","it":"resolution","t":"Resolution authorizing the City (item AA)","desc":"Background:  ​ ​  - ​ In recent years, the City-owned office space at 29 Haywood Street has experienced  frequent water infiltration during rain events. The roof has exceeded the expected useful  life, and now needs a full replacement. - ​ The design included four bid alternates for additional associated roof upgrades–1)  replacement of existing worn skylights; 2) fall protection system for the roof hatch; 3)  extended 30-year warranty; and 4) roof edge fall protection - ​ A request for bids was advertised on March 20, 2025. Bids were due April 10, and seven  bids were received:  ​ ​ ​ ​ ​ ​ ​ ​ Bid ​ Bid  Bidder​ ​ ​ ​ ​ ​ Base Bid Alt 1 Alt 2​ ​  Total​ - ​ J. Bartholomew Construction, LLC, ​ $234,000​ $9,000​ $6,500​  $249,500  –​ Hendersonville, NC​ ​ ​ ​ ​ - ​ Eskola LLC​ ​ ​ ​ $254,680​ $8,619​ $2,960​  $266,259  –​ Charlotte, NC​ ​ ​ ​ ​ ​ - ​ Benton Roofing, Inc.​ ​ ​ $308,850​ $8,900​ $2,200​  $319,950  –​ Flat Rock, NC - ​ Davo Roofing and Sheet Metal, LLC​ $341,000​ $9,500​ $2,900​  $353,400  –​ Charlotte, NC - ​ Nations Roof of Carolina, LLC​ ​ $356,000​ $20,000 $4,000​  $380,000  –​ Charlotte, NC - ​ Interstate Roofing Company, Inc.​ $379,700​ $9,520​ $1,990​  $391,210  –​ Charlotte, NC - ​ Johnson’s Roofing Service, Inc.​ ​ $391,000​ $14,850 $3,750​  $409,600  –​ Fort Mill, SC - ​ The bid by J. Bartholomew Construction, LLC was determined to be the lowest  responsive and responsible bid. - ​ Alternates 1 and 2 were accepted and are included in the total recommended award  amount. - ​ The project is anticipated to start this summer, and will be complete by early fall.  Vendor Outreach Efforts: - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes using the State’s Interactive Purchasing System, direct communications to  Minority & Women-Owned Business Enterprises, and requiring prime contractors to  outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers  for any and all subcontracted services. - ​ No MWBE firms submitted bids with this prime contractor.  Committee(s): - ​ None  Pro(s): - ​ This project will provide a dry and healthy environment for building occupants. ​ ​  - ​ The new roof will have a greater R-value, providing better energy efficiency for the facility. - ​ Replacing end of life building systems, extends the overall life of the building and reduces  maintenance costs.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this contract is already included in the adopted Capital Improvement Program  (CIP)","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2025-05-13","mt":"regular","id":"B","ref":"RES 25-83","it":"resolution","t":"Resolution ratifying an emergency (item B)","desc":"Background:  ​ ​  - ​ In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. - ​ A state of emergency covering Asheville was declared on September 25th in relation to  Tropical Storm Helene. - ​ Flooding of the French Broad and Mills Rivers rose to levels that inundated the Mills  River Water Treatment Plant intake structure where the permanent raw water pumps are  located. - ​ The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - ​ In responding to this crisis, the City of Asheville engaged outside assistance to address  the needs of the community when those needs exceeded the capacity of City staff. - ​ In one such instance, the City entered into a contract with Campbell, Inc. for the Mills  River Water Treatment Plant to aid in the Hurricane Helene Emergency Response to  provide a crane and trucks to pick up and mount two temporary raw water pumps used to  convey raw water to the Mills River water treatment plant process. - ​ The original amount of the contract was $267,718.50 and was ratified by City Council  Resolution 25-38 on March 11, 2025. - ​ This contract was amended to add an additional amount of $28,500.00 to include a  previously omitted invoice and this contract amendment now needs to be ratified. - ​ This purchase was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law. - ​ This purchase was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3). - ​ Staff is now requesting that Council ratify the City’s contract amendment with Campbell,  Inc. to approve of the additional payment and waive any contracting policies or  procedures that would normally have applied.  Committee(s): - ​ None  Pro(s): - ​ Allowed the City to immediately act to address an emergency without delay. - ​ Allowed the City to continue to provide water to a portion of the water system.  Con(s): - ​ None  Fiscal Impact: - ​ The total cost of this previously ratified contract was $267,718.50. This contract  amendment to cover a paid invoice previously omitted from contract amount is  $28,500.00, therefore the total contract cost is now $296,218.50. - ​ Funding is available in the Water Capital Projects Fund. All costs are expected to be  reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-05-13","mt":"regular","id":"C","ref":"RES 25-84","it":"resolution","t":"Resolution authorizing the City (item C)","desc":"Background: - ​ The William DeBruhl WTP is one of the three City of Asheville water treatment plants that  supply drinking water for the City of Asheville’s water distribution system. - ​ The William DeBruhl WTP is a direct filtration water treatment plant that treats water from  the Bee Tree Reservoir. As part of the water treatment process, the William DeBruhl WTP  uses sodium hypochlorite, sodium hydroxide, zinc orthophosphate, sodium bicarbonate,  fluoride, and polyaluminum chloride, to treat the water for customers. - ​ The use of these water treatment chemicals require onsite storage at the William DeBruhl  WTP to allow treatment to continue 24 hours per day, 7 days per week, and 365 days per  year. - ​ Both the William DeBruhl WTP fluoride and sodium hypochlorite bulk chemical tanks are  at the end of their service life due to age and use. - ​ As it has also become clear that the Zinc Orthophosphate tank has also reached the end  of its service life due to age and use. - ​ Currently the William DeBruhl WTP needs to replace (1) sodium hypochlorite tank, (1)  fluoride tank, and (1) zinc orthophosphate tank to continue to provide core services and  to continue to treat drinking water. - ​ The William DeBruhl WTP also needs to add one or possibly two new bulk storage tanks  to hold and store a new coagulant product, which will be beneficial to the treatment  process. - ​ The City entered into a Master On-Call Services contract with GHD Engineering in  October of 2020 and this Master contract has been renewed until October 2025. - ​ The City entered into a Supplemental Professional Services contract/ Change Order with  GH Engineering for Task Order 8-Debruhl Water Treatment Plant Chemical Bulk Storage  Project as approved by City Council Resolution No. 24-30 on February 13, 2024 in the  amount of $145,000. - ​ The Supplemental Professional Services Contract/ Task Order 8 with GH Engineering  needs to be amended to include additional scope of work to develop the specifications  required for the replacement of the sodium hypochlorite tank and the fluoride tank, as  well as provide analysis of the specifications and location for the new coagulant tank. The  amount of this contract amendment will not exceed $7,000. - ​ If not approved, it will limit the ability of the William DeBruhl WTP and the City of  Asheville Water Resources Department to provide high quality drinking water to the City  of Asheville’s water distribution system  Vendor Outreach Efforts: - ​ GHD Engineering was chosen from the City of Asheville’s Water Resources Department’s  Master On-Call Engineering list to provide professional engineering services for this  project..  ​ ​  - ​ The Master On-Call Engineering Services list was developed through a competitive  process and the City entered into a Master On-Call Contract with GHD Engineering in  October 2020 which has been renewed until October 2025.. - ​ As a contract already exists with GHD for this work, no further outreach was undertaken.  Committee(s): - ​ N/A  Pro(s): - ​ Maintains the ability of the William DeBruhl WTP to continue to provide core services for  our customers. - ​ Maintains the ability of the William DeBruhl WTP to treat drinking water for the City of  Asheville’s water distribution system.  Con(s): - ​ There are no cons with entering into this contract.  Fiscal Impact: - ​ Funding for this amendment to the existing Supplemental Contract is estimated to be  $7,000, bringing the total expenditure under the Master On-Call Contract, and  Supplemental Contract of $145,000, to a total cost of $152,000, and is available in the  Water Resources operating budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-05-13","mt":"regular","id":"D","ref":"RES 25-85","it":"resolution","t":"Resolution authorizing the sole source (item D)","desc":"Background: This is a Sole Source Request to use Verkada Video Security Cameras for locations in and around City of Asheville Facilities. - ​ NCGS §143-129(e) 6, allows for purchases of apparatus, supplies, materials, or  equipment when…(iii) standardization and compatibility is the overriding  consideration, subject to City Council approval. - ​ Request to purchase Verkada Video Security Cameras for the following reasons: - ​ Verkada Video Security Cameras are currently installed in a number of  locations in and around City of Asheville facilities. - ​ Standardizing on a single cloud-based security camera platform  streamlines City operations and maintenance related to security  cameras. ​ ​  - ​ A standardized security camera platform streamlines incident responses  by simplifying access to security camera footage as needed.  Vendor Outreach Efforts: - ​ The adoption of this resolution would be referenced in future vendor outreach efforts to  ensure standardization and compatibility with the City’s current system. - ​ Standardizing the equipment will still mean that we will conduct vendor outreach for  equipment purchases and installation contracts.  Committee(s): - ​ N/A  Pro(s): - ​ Provides systems that will continue standardization or compatibility with existing City  systems. - ​ This will result in cost savings through reduced operations and maintenance.  Con(s): - ​ N/A  Fiscal Impact: - ​ None at this time.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-05-13","mt":"regular","id":"E","ref":"RES 25-86","it":"resolution","t":"Resolution authorizing amendments (item E)","desc":"Background: - ​ On December 10, 2024, City Council ratified the amendments to the MCCF Services and  Duties Agreement extending the original City loan payment date from February 1, 2025 to  February 1, 2029. See Resolution No. 24-263. - ​ The Mountain Community Capital Fund, begun in 2018, has been a successful program  to support small businesses. - ​ Since the MCCF’s inception, additional funding sources have been added to the Fund  which are sufficient to support ongoing operations without the original loan funds from the  City and County. - ​ Self Help Credit Union, in its current role as fund custodian, and the other members of  the MCCF (Buncombe County, Mountain Bizworks, Self-Help Credit Union, Carolina  Small Business Development Fund) have agreed to the revised City loan repayment  deadline of July 1, 2025.  ​ ​  - ​ This amendment will allow the City of Asheville to receive repayment of its original loan,  less any claims made, after July 1, 2025, while maintaining its administrative and  oversight role within the fund.  Committee(s): - ​ None  Pro(s): - ​ Allow the City to receive repayment of the initial loan.  Con(s): - ​ None.  Fiscal Impact: - ​ Loan repayment would result in the repayment of the initial $250,000 loan, less any  claims made.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-05-13","mt":"regular","id":"F","ref":"RES 25-87","it":"resolution","t":"Resolution ratifying a license (item F)","desc":"Background: - ​ Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene, and a predecessor heavy rain  event. A state of emergency was in place in Asheville since September 25th in relation to  these damaging storms. - ​ The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure. - ​ In responding to this crisis, the City of Asheville entered into emergency contracts and  real estate leases and licenses for property use to address the needs of the community. - ​ On October 23, 2024, the City entered into a License Agreement with Transform  LeaseCo, LLC (“Licensor”) for the use of approximately 10 acres (former KMart parking  lot) of the 17 acre property located at 1001 Patton Avenue, Asheville, for use as a  ​ ​  \f temporary construction laydown and staging area for water lines, equipment and  materials for City Water Department repair projects, parking of City vehicles, and for other  City emergency needs. - ​ Per the terms of the License Agreement, City was required to pay $840.00 per day for  existing security guard services at the property (there was no cost for the use of the  property itself) and the contract was to terminate on April 8, 2025. - ​ The License Agreement was terminated by the City on December 17, 2024, since there  was no longer a need for its use. The Licensor, has invoiced the City for security  services during the contract term-October to December in a total amount of $37,553.62.  The City intends to seek reimbursement from FEMA for these costs.  Committee(s): - ​ None  Pro(s): - ​ Allowed the City to immediately act to address an emergency without delay.  Con(s): - ​ None  Fiscal Impact: - ​ The total cost of this contract is $37,553.62. Staff is working with the contractor to ensure  FEMA eligibility but is waiting to finalize federally required Tasks & Standards. If the work  is ultimately not eligible for FEMA Public Assistance funds, the cost can be covered by a  mix of General Fund and Water Resource Fund dollars.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-05-13","mt":"regular","id":"G","ref":"RES 25-88","it":"resolution","t":"Resolution authorizing the City (item G)","desc":"Background: - ​ The City of Asheville is a participating entitlement community in the U.S. Department of  Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG)  program.  ​ ​  - ​ The City of Asheville received a supplemental grant of $1,748,141 from the CDBG  Declared Disaster Recovery Fund (DDRF) program. - ​ On December 10, 2024 City Council authorized the allocation of $624,000 in  CDBG-DDRF funding for rental assistance and staff recommended directing the rental  assistance dollars to the Buncombe County’s Helene Recovery Housing Assistance  Grant program. - ​ With the CDBG-DDRF funds that City has already provided, 160 income-qualified  Asheville families have received assistance for up to three months of rental payments. - ​ As part of the total allocation of CDBG-DDRF, administrative costs were originally  budgeted at $250,000, which the City anticipated using a portion of to hire consultant  help for standing up an economic development program that provided grants to small  businesses. - ​ However City staff have been able to efficiently administer the CDBG-DDRF grant without  needing that full amount, thanks to some free technical assistance that has been  provided by HUD. - ​ Staff recommend repurposing 50% of those funds ($125,000) as well as using remaining  uncommitted funding from prior CDBG grant years ($10,074.80) for additional rental  assistance. - ​ In order to dedicate these funds to Buncombe County, the City and the County will need  to amend the existing Interlocal Agreement. - ​ Buncombe County has demonstrated capacity to handle CDBG rental assistance funds  and is capable of complying with all CDBG regulations. - ​ Buncombe County Commissioners are scheduled to discuss this amendment to the  existing interlocal agreement on May 20th.  Committee(s): - ​ None.  Pro(s) - ​ Unused CDBG and CDBG-DDRF grant funds will be activated for emergency rental  assistance grants. - ​ Income-qualified City residents will receive needed relief for rent that they are behind on  and owe for up to 3 months worth of rent payments. - ​ The County is familiar with the CDBG program and can effectively administer the  program per CDBG requirements.  Con(s) - ​ None.  Fiscal Impact: - ​ $125,000 from the CDBG-DDRF grant (total grant = $1,748,141). - ​ $10,074.80 remaining from prior years’ grant funds","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-05-13","mt":"regular","id":"H","ref":"RES 25-89","it":"appointment","t":"Resolution appointing Deputy Finance (officer)","desc":"Background: - ​ The City of Asheville operates under the provisions of the Local Government Budget and  Fiscal Control Act (NCGS Chapter 159). NCGS §159-24 mandates the appointment of a  Finance Director who is responsible for the fiscal management of the City. Furthermore,  NCGS §159-25(b) outlines the requirements for the signing of checks and drafts on  official depositories, requiring the signature of the Finance Officer or a properly  designated deputy finance officer and countersignature by another designated official. - ​ To ensure the smooth operation of financial processes, especially during periods when  the Finance Director is unavailable or when workload necessitates delegation, it is  prudent to formally designate Deputy Finance Officers. These individuals will be  authorized to sign checks, drafts, pre-audit certificates, and other financial documents on  behalf of the Finance Director, - ​ The designation of Deputy Finance Officers does not add any additional positions. - ​ The designation is assigned to existing employees as part of their ongoing  responsibilities.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ None  Pro(s): - ​ With the adoption of the resolution, the City will be in strict compliance with NCGS  §159-25.  Con(s): - ​ None  Fiscal Impact: - ​ None","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-05-13","mt":"regular","id":"I","ref":"RES 25-90 / ORD 5134","it":"resolution","t":"Resolution establishing a special (fund); budget amendment transferring existing funds","desc":"Background: - ​ The City of Asheville has received and anticipates receiving settlement funds resulting  from litigation related to the opioid crisis. - ​ North Carolina General Statute 159-13 requires local governments to account for certain  funds, including those received from opioid settlements, in a special revenue fund. - ​ The City of Asheville must ensure proper accounting and utilization of these funds in  accordance with applicable laws and agreements. - ​ Funds that have already been received need to be transferred into the special revenue  fund. - ​ So far the City has received $829K; and we anticipate to receive in total about $2M over  the next 14 years.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ None  Pro(s): - ​ Beyond being required by state statute, accounting for expenditures will be simplified.  Con(s): - ​ None  Fiscal Impact: - ​ None, beyond establishing a new special revenue fund.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-05-13","mt":"regular","id":"IV-A","ref":"RES 25-107","it":"public_hearing","t":"Public hearing on proposed financing for McCormick Field (initial LOB bond resolution)","desc":"Finance Director Tony McDowell said that this is the public hearing on proposed financing for McCormick Field improvements; and consideration of an initial resolution authorizing the City Manager or the Finance Director to pursue and negotiate on behalf of the City debt financing associated with the $35 million 2025 Limited Obligation Bonds (LOBs) for McCormick Field improvements. This public hearing was advertised on May 2, 2025.   Mr. McDowell explained that the notice said the financing was currently expected not to exceed $34 million, but staff is requesting Council to increase the amount to $35 million in order to provide staff with additional flexibility when we issue the debt in June.  Background: - ​ The City of Asheville has owned the property located at 30 Buchanan Place, known as  Lewis McCormick Field, since 1984 and leases the property for operation as a minor  league baseball (MLB) stadium. - ​ On March 14, 2023, City Council authorized the City Manager to sign a funding letter of  commitment to MLB regarding the City’s intent to bring McCormick Field into compliance  with new facility standards. - ​ In June 2023, City Council adopted a Capital Improvement Program (CIP) budget that  included $37.5 million in funding for improvements at McCormick Field. - ​ The financial plan for funding this project included the issuance of $35 million in Limited  Obligation Bonds (LOBs) with debt service on the bonds to be funded by the City,  Buncombe County, the Tourism Development Authority (TDA), and the Asheville Tourists  minor league baseball team. - ​ In July 2024, City Council adopted a resolution authorizing the City Manager to enter into  a contract amendment with Frank L. Blum Construction Company, in association with  W.C. Construction Company for the construction of the McCormick Field improvements. - ​ In order to reimburse itself for expenses that have already occurred on the project in the  current fiscal year and have in place the financing to cover expenses that will occur next  ​ ​  \f fiscal year, the City intends to issue 20-year, fixed-rate taxable LOBs Bonds in June  2025. - ​ Staff is seeking Council approval of the initial resolution associated with this debt  issuance and asking Council to conduct a Public Hearing on it. Approval of the final  resolution is scheduled for Council’s May 27, 2025 meeting.  Pro(s): - ​ Allows for the issuance of Limited Obligation Bond (LOBs) to meet the City’s cash flow  needs for the McCormick Field project. - ​ Approximately 65-70% of the long-term debt costs will be paid by the partners in the  project. - ​ Spreads capital costs over a longer term to better match the useful life of the asset.  Con(s): - ​ None  Fiscal Impact: - ​ The exact amount of the debt service on the taxable LOBs Bonds will be determined after  sale of the debt in June. The City’s share of the long-term debt costs will likely average  approximately $850,000 per year over the next 20 years, and this amount has already  been included in the City’s multi-year Capital Improvement Program and Debt Model. The  remaining debt service costs, which equate to about 65-70% of the total, will be paid by  the partners in the project - Buncombe County, the Tourism Development Authority  (TDA), and the Asheville Tourists.   Mr. McDowell outlined the following key takeaways from his presentation as follows: (1) Construction on the McCormick Field Capital Improvement Project began in the fall of 2024 and is slated for completion in April 2026; (2) The financial plan for funding this project includes the issuance of Limited Obligation Bonds (LOBs) with debt service on the bonds to be funded by the City, Buncombe County, the Tourism Development Authority (TDA), and the Asheville Tourists minor league baseball team; (3) In order to reimburse itself for expenses that have already occurred on the project in the current fiscal year and have in place the financing to cover expenses that will occur next fiscal year, the City intends to issue the LOBs in June; (4) Staff is seeking Council approval of the initial resolution associated with this debt issuance and asking Council to conduct a Public Hearing on it; and (5) State statute also requires that City Council conduct a Public Hearing prior to approving the debt issuance.  ​ He then outlined the debt issuance calendar as follows: (1) May 2: Public Hearing Notice was issued (a) Notice included a “current not to exceed amount” of $34M; and (b) After consulting with Bond Counsel and Financial Advisors this amount was increased to $35M to provide flexibility for market changes and costs of issuance; (2) May 13: Council adopts Initial Resolution for and holds public hearing; (3) May 27: Council adopts Approving Resolution; (4) June 3: Local Government Commission (LGC) approval; (5) June 11: Sale of 2025B LOBS Bonds; and (6) June 25: 2025B LOBS Bonds Closing.  ​ Mayor Manheimer opened the public hearing at 6:27 p.m., and when no one spoke, she closed the public hearing at 6:27 p.m.  ​ Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.  ​ ​  \f​","c":"Economic Development","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":1,"mr":"involves money or contract","sq":26},{"d":"2025-05-13","mt":"regular","id":"J","ref":"RES 25-91","it":"resolution","t":"Resolution authorizing the City (item J)","desc":"Background: - ​ The City and the County have an existing agreement in place for the County to bill and  collect property taxes for the City. - ​ The current agreement was entered into by the City and the County in 2019 and  extended in 2022 through June 2025. - ​ The County is proposing another three-year extension of the agreement under the same  terms of the existing agreement. - ​ Under those terms, The City will pay the County a flat fee of $945,150 beginning July 1,  2025 for billing and collecting City taxes, with an automatic annual escalation rate of  2.5% in each successive year. - ​ The new agreement also incorporates the terms and fees associated with the addendum  that Council approved in March related to the additional fee for billing and collecting  Asheville Downtown Business Improvement District (BID) taxes.  Pro(s): - ​ Extends the Tax Collections Agreement in a way that is mutually agreed upon by both the  City and County.  Con(s): - ​ None.  Fiscal Impact: - ​ The City budgets for these fees on an annual basis. Staff has included the fiscal year  2025-26 fee of $945,150 in the Proposed General Fund budget. The BID fee will be paid  from taxes collected from the BID and included in that fund’s budget.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-05-13","mt":"regular","id":"K","ref":"RES 25-92","it":"resolution","t":"Resolution authorizing the Mayor to (item K)","desc":"Background:  ​ ​  - ​ This is a $5.0 million loan from FEMA to provide funding to help local governments that  have incurred a significant loss in revenue, due to a major disaster, that has or will  adversely affect their ability to provide essential municipal services. - ​ CDL funds may be used to continue or expand existing essential municipal services to  meet disaster-related needs - ​ The standard loan is for five years. However, it may be extended to 10 years depending  on circumstances. - ​ The City will pay interest on the loan based on current interest rates as determined by  FEMA. - ​ There is the possibility that the loan could be forgiven by Congressional action. - ​ City staff has included the $5.0 million from the loan in its fiscal year (FY) 2025-26  Proposed Budget in order to continue providing essential services in the General Fund  and minimize the property tax rate increase needed to balance the budget.  Pro(s): - ​ CDL funds can be used to carry on existing essential municipal services or to expand  such essential functions to meet disaster-related needs.  Con(s): - ​ Unless forgiven by Congressional action, the City will pay interest on the loan amount  that it utilizes.  Fiscal Impact: - ​ As noted above, staff has included the $5.0 million loan as a revenue in the FY 2025-26  Proposed Budget. Once the paperwork associated with the loan is finalized, which may  take several months, the City will be eligible to draw down up to $5.0 million as a revenue  in FY 2025-26. - ​ Unless forgiven by Congress, the loan will be paid back on a five-year or ten-year  schedule. The interest rate on the loan will be determined based on market rates at the  time of signing. Current rates are around 4%.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-05-13","mt":"regular","id":"L","ref":"RES 25-93","it":"resolution","t":"Resolution authorizing the (item L)","desc":"Background: - ​ The Asheville Fire Department is equipping a new Heavy Rescue Apparatus. The new  apparatus will contain all the equipment to execute a rescue or sustain initial operational  ​ ​  \f period in (High angle, trench, structural collapse, confined space, water,  vehicle/machinery entrapment). - ​ When called to an event as a local resource this apparatus will be able to initiate initial  operations that set up the event for prolonged success with interoperable equipment. - ​ When called as a NC EM or resource to the Task Force the apparatus will have all  interoperable equipment to engage with NC resources as well as be the primary asset for  a complete trench, structural collapse, or heavy vehicle strut complement. - ​ All NC Emergency Management resources are equipped with Paratech rescue struts and  equipment.  Vendor Outreach Efforts: - ​ Researched cooperative purchasing listings for Paratech. None found. - ​ Contact Paratech company. referred to TEAM regional. - ​ Team is the eastern US vendor for Paratech. They award local vendors based on  area/region. - ​ Safe Industries is the sole distributor to North and South Carolina. - ​ Letter from Safe Industries to confirm above claims.  Committee(s): - ​ None  Pro(s): - ​ Sole source for Paratech. Thorough knowledge of equipment and maintenance. Existing  relationship as purchaser and vendor.  Con(s): - ​ If the sole source is not authorized, and a bid is issued, this vendor is the only one legally  eligible to respond to the bid.  Fiscal Impact: - ​ Funding for this purchase will come from the approved budget within the Capital  Improvement Program (CIP) as part of the annual vehicle replacement program.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-05-13","mt":"regular","id":"M","ref":"RES 25-94","it":"resolution","t":"Resolution authorizing the City (item M)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-05-13","mt":"regular","id":"N","ref":"RES 25-95","it":"resolution","t":"Resolution authorizing the acceptance (item N)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-05-13","mt":"regular","id":"O","ref":"RES 25-96","it":"resolution","t":"Resolution correcting the license fee (item O)","desc":"Background: - ​ On January 14, 2025 City Council approved Resolution no. 25-2 authorizing the City  manager to execute a licensing agreement with Highland Brewing Company for  emergency related temporary public access to the Gashes Creek Neighborhood. - ​ Due to the flooding caused by Tropical Storm (TS) Helene and the subsequent ‘wash  out’ of the Azalea Rd bridge at recreation park, and the wash out of Azalea Rd East,  access to the Gashes Creek Neighborhood and to the WNC Nature Center was not  possible. - ​ Coordinating with City staff, Highland Brewing Company allowed public access to Gashes  Creek Road through its parking lot located at 12 Charlotte Highway as a temporary  solution; and - ​ The temporary access has been utilized by Gashes Creek residents as well as numerous  agencies as part of the response efforts and continuity of operations, including: NC DOT,  MSD, COA (multiple departments) Delivery Companies, School bus access etc. - ​ The terms of the license agreement included the base fee and monthly fees associated  with use of the property from October 2024 through the end of March 2025, however the  total ‘not to exceed’ value listed on the resolution included an administrative error. This  resolution seeks to correct this error listing the total not to exceed amount as $375,000,  not the previously incorrect amount of $325,000.  ​ ​  - ​ In addition, COA Public Works provided a repair/replacement estimate to best  determine real adjusted cost to restore to condition prior to public use.  Committee(s): - ​ None  Pro(s): - ​ Formalizes access for the public and City services to the Gashes Creek neighborhood  until public right of way access can be restored. - ​ Staff anticipates expenses related to this agreement will be reimbursed through FEMA  and the State.  Con(s): - ​ None  Fiscal Impact: - ​ Total cost of use of licensed property not to exceed $375,000. - ​ The contract is expected to be fully reimbursed with FEMA Public Assistance funding.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-05-13","mt":"regular","id":"P","ref":"RES 25-97","it":"resolution","t":"Resolution authorizing the City (item P)","desc":"Background: - ​ Approval of the contract will allow the City’s lobbyist to continue providing legislative  services to the North Carolina General Assembly and related State entities. - ​ The City’s lobbyist provides valuable services through advocating the City’s legislative  agenda, lobbying against bills which would be harmful to the City, and providing general  counsel to the City and its elected officials on matters dealing with the State Legislature. - ​ The current contract will expire June 30, 2025. - ​ In February 2025 the Legal Department issued 298-RFP-North Carolina Lobbyist-FY26. - ​ Four proposals were received, two were deemed responsive. - ​ Blanchard, Miller, Lewis, & Isley, P.A. submitted the highest scoring proposal, and had the  lowest cost for the initial year of service.  ​ ​  - ​ In order to maintain lobbying services, it is necessary to initiate a new contract by July 1,  2025.  Vendor Outreach Efforts: - ​ Vendor is self performing - not applicable.  Committee(s): - ​ N/A  Pro(s): - ​ Provide continued legislative services in the General Assembly.  Con(s): - ​ None  Fiscal Impact: - ​ In consideration of the adverse effect of Hurricane Helene on the City’s budget, the  winning lobbying firm agreed to reduce their yearly cost from $84,000 to $78,000 for the  first year of the agreement. - ​ Funding for the contract is included in the General Fund Budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-05-13","mt":"regular","id":"Q","ref":"RES 25-98","it":"resolution","t":"Resolution authorizing the City (item Q)","desc":"Background: - ​ Sullivan Soft Wash provides pressure washing services in City-owned public parking  garages and was selected through a competitive informal bid process in 2024. - ​ The City of Asheville awarded a contract to Sullivan Soft Wash in August 2024 for an  initial term of one year, with two one-year renewal options. - ​ Council authorization is required for general service contracts that will exceed $90,000. - ​ The annual 1st year contract amount was $69,960, and renewal will bring the total  contract amount above the $90,000 threshold, requiring Council authorization. - ​ Staff seeks Council approval to execute both renewal options and increase the contract  amount by up to $146,040 for a total contract amount not to exceed $216,000. - ​ Regular pressure washing of City parking garage stairwells has increased the cleanliness  of facilities and improved customer satisfaction. ​ ​  \fVendor Outreach Efforts: - ​ This is an existing contract that is coming to the end of its first year of a three year  contract option, and no further outreach was done. - ​ At the time the contract was issued for competitive bid, it followed the City’s process and  included ABI outreach processes. - ​ At the time of the bidding, no MWBE submitted a bid.  Committee(s): - ​ None  Pro(s): - ​ This action will support the continuation of current/existing cleaning services in  City-Owned Garages  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this contract is available in the Parking Services Fund operating budget. - ​ The total contract amount is $216,000, which reflects $69,960 for the first year, and  $146,040 for the two one-year renewal options. - ​ Funding for the first year of the contract has already been budgeted in FY25 and  additional funds will be budgeted in future annual Parking Services operating budgets.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-05-13","mt":"regular","id":"R","ref":"RES 25-99","it":"resolution","t":"Resolution authorizing the City (item R)","desc":"Background: - ​ Asheville Rides Transit provides daily service between Downtown Asheville and Black  Mountain via Route 170. - ​ Black Mountain has provided $25,000 to support the cost of operating the route for the  last three fiscal years and has agreed to provide $25,000 for FY26 as well. - ​ An executed agreement is necessary to receive and expend the funds for transit  operations. - ​ The total cost of operating the route is approximately $500,000 annually and the City  received federal transit grant funding through the Job Access Reverse Commute (JARC) ​ ​  \f program from the French Broad River Metropolitan Planning Organization to pay for 50%  of the cost to operate Route 170 for FY26. - ​ The Town of Black Mountain’s contribution will help offset the non-grant funded portion of  the operational cost of the route.  Vendor Outreach Efforts: - ​ N/A. This is an interlocal agreement between the City and the Town of Black Mountain.  Committee(s): - ​ N/A  Pro(s): - ​ The $25,000 in revenue for FY26 will help to offset existing transit service costs, reducing  the overall General Fund contribution to the Transit Operating Fund.  Con(s): - ​ None  Fiscal Impact: - ​ The $25,000 in revenue for FY26 will help to offset existing transit service costs, reducing  the overall General Fund contribution to the Transit Operating Fund. - ​ The cost for this route is already included in the Transit Operating Fund budget for FY  2026.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-05-13","mt":"regular","id":"S","ref":"RES 25-100","it":"resolution","t":"Resolution authorizing the City (item S)","desc":"Background: - ​ The City contracts with Buncombe County to provide the City’s federally required ADA  Paratransit Services. - ​ The contract cost for FY26 is estimated to be a maximum of $1,242,622 and is based on  the per-mile rate of $3.37 and anticipated number of service miles to be provided. - ​ Funding to pay for the Paratransit Services contract is included in the proposed Transit  Operations Fund for FY26.  Vendor Outreach Efforts: - ​ N/A. This is a current contract.  ​ ​  \f Committee(s): - ​ None. This is an administrative action.  Pro(s): - ​ Supports the continuation of current/existing paratransit services. - ​ Ensures sufficient funding to pay for services as required by the contractual agreement.  Con(s): - ​ None  Fiscal Impact: - ​ The contract cost for FY26 is estimated to be a maximum of $1,242,622, which is  included in the proposed FY26 Transit Operations Fund budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2025-05-13","mt":"regular","id":"T","ref":"RES 25-101","it":"resolution","t":"Resolution authorizing the City (contract extension, item T)","desc":"Background: - The City of Asheville contracts out the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system. - In 2017, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART. RATPDev USA was selected to be the contractor. - The initial contract was for 4 years and ended June 30, 2021. - The contract allowed for two 2-year optional contract extensions (for a total of another 4 years). - The City opted to exercise the first of the 2-year optional contract extensions, which began July 1, 2021 and ended June 30, 2023. - The City opted to exercise the second of the 2-year optional contract extensions, which began July 1, 2023 and will end June 30, 2025. - Amendment 1 was approved in August of 2019 and was done to reflect the increased services (and budget) that were implemented in January 2020. - Amendment 2 was approved in October 2021 (FY22) and included the annual increase to the base contract to reflect increases to the revenue-hour rate and monthly fixed fees. - Amendment 3 included an increase over the FY22 contract amount of $953,835, for a total of $10,107,322. This funding was included in the approved FY23 Transit Operations budget and included the following: - $402,835 - annual increase to the base contract that reflected increases to the revenue-hour rate and monthly fixed fees. - $551,000 - provided to fund a wage increase of $2.00 per hour for RATPDev ART staff. - Amendment 4 was approved in June 2023 and included an increase over the FY23 contract amount of $538,607, for a total of $10,645,929 for base/existing services. An additional $326,793 was later added to the contract for FY23 to cover additional maintenance costs that were incurred due to the age of the ART fleet. - Amendment 5 was approved in June 2024 and included an increase of $558,350 over the FY24 contract amount, for a total of $11,204,300 for base/existing services. - Amendment 6 (this action) seeks to do two things: - Extend the contract by one year beyond the original end date of June 30, 2025 to include a ninth year that would provide the same level of transit service from July 1, 2025 to June 30, 2026. - Add $11,800,000 to the contract to cover transit operations and maintenance for the ninth and final year of the contract. This represents an increase of $605,716 over the FY25 contract amount and includes approximately $150,000 in additional funds to cover bus maintenance due to the age of the ART fleet if needed. - The request for the one-year extension is in response to Hurricane Helene and the need to ensure that a thorough procurement process for a new Transit Operations and Maintenance contract would be possible. The extension provides staff with the time necessary to carry out the procurement process, ensure community engagement takes place, and provides adequate time to transition to a new contractor, should that be necessary. - Staff has already begun work on the procurement process and anticipates releasing the RFP in the fall of 2025. Vendor Outreach Efforts: - N/A. This is a current contract. An extensive outreach process was conducted in 2017 when the transit operations and maintenance contract was put out for bid. Committee(s): - None Pro(s): - Supports the continuation of current/existing transit service levels. Con(s): - Will result in increased transit operational costs for the current/existing service levels. Fiscal Impact: - Add $11,800,000 to the contract to cover transit operations and maintenance for the ninth and final year of the contract. This represents an increase of $605,716 over the FY25 contract amount and includes approximately $150,000 in additional funds to cover bus maintenance due to the age of the ART fleet if needed. - The FY26 proposed Transit Services Fund budget includes the increase to the contract with RATPDev. Motion: - Motion to adopt a resolution authorizing the City Manager to amend the existing Transit Operations and Maintenance Contract between the City of Asheville and RATPDev USA to extend the contract for one year and to add $11,800,000 for Fiscal Year 2026.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2025-05-13","mt":"regular","id":"U","ref":"RES 25-102","it":"resolution","t":"Resolution accepting a rescission of (item U)","desc":"Background: - ​ The City’s share of dedicated Federal Transit Administration (FTA) non-competitive  formula grant funding has decreased over the past several years due to changes to the  allocation formula made by the Metropolitan Planning Organization (MPO) in 2015. - ​ Rising operational costs and a reduced percentage of FTA formula grant funding has  limited the City’s ability to invest in growth of the transit system or needed capital. - ​ On February 4, 2025, the Buncombe County Board of Commissioners approved the  rescission of $864,334 in FTA grant funds to the City. - ​ The following four requests were outlined by the County with regard to rescinding the  funds:  i.​ Accepting the funds under the expectation that no additional funds will be  requested for the continued operation of the New Leicester Highway Extension &  Route 170 in FY2026 (accounts for $301,520 of the rescission);  ii.​ The City agreed to not apply for FY26 Section 5310 Funding through the French  Broad River MPO in order for the County to receive more funds through this  program (transportation services for seniors and people with disabilities). This  equates to roughly $150,000 in funds that the City would typically apply for.  iii.​ Evaluating WE2 Route changes to improve the connection to Buncombe  County’s Enka-Candler Trailblazer Route; and  iv.​ Evaluating increased trip frequency for the S3 and S6 routes serving south  Asheville. - ​ Requests i. and ii. will be honored thus reducing the County’s FY26 financial obligations  by $451,520. - ​ Requests iii. and iv. are carried over from the County’s request last year and the City  intends to study both requests through the ART Comprehensive Operational Analysis,  which kicked off with the Selected Consultant, Jarrett Walker & Associates, on April 11,  2025.  Committee(s): - ​ N/A  ​ ​  \fPro(s): - ​ Acceptance of the Buncombe County rescinded transit funds results in approximately  $412,817 in net new grant revenue for the Transit Fund. - ​ Staff recommends including all of the rescinded funds (including the net new funds) in the  FY 2026 Transit Operations budget to support funding the RAPTDev Operations and  Maintenance Contract, which for FY 2026 is $605,716 more than the contract cost for FY  2025 for the same level of service. Con(s): - ​ The rescinded funds are one-time (non-recurring) funds and require a 20% local match.  The local match will be included in the Transit Operations Fund budget for FY 2026.  Fiscal Impact: - ​ Accept $864,334 in rescinded 5307 Urban Transit Funds from Buncombe County’s  FY2020 allocation to be budgeted within the Transit Operations Fund for FY 26.   Buncombe County Rescission Amount   5307 Urban Transit Fund Annual Allocation to Buncombe Co. (FY 2020 funds) $782,544   Section 5307 Job Access Reverse Commute (JARC) (FY 2020 Funds) $81,794   Total Rescinded $864,334   City’s annual request to Buncombe Co. for Route 170 & New Leicester -$301,520  Highway Route   Agreement w/ Buncombe Co. for City to not apply for 5310 -$150,000   Total net new funding available for FY 2026 $412,817 - ​ Staff recommends budgeting all funds in the Transit Operations Fund for FY 2026 and  utilizing the net new funds to offset the increased cost to provide the existing level of  transit service in FY 2026. - ​ The rescinded funds are one-time (non-recurring) funds and require a 20% local match.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2025-05-13","mt":"regular","id":"V","ref":"RES 25-103","it":"resolution","t":"Resolution authorizing the City (item V)","desc":"Background:  ​ ​  - ​ The Parks & Recreation Department maintains over 87 acres at Riverside Cemetery. - ​ The City of Asheville’s Riverside Cemetery has received unclaimed cremated remains  from BCHHS for years, currently having interred the unclaimed remains of 268  individuals. - ​ City of Asheville staff were not able to locate a written agreement for this service. - ​ Given the sensitive nature of interments and concerns over the legality of continuing this  practice a written agreement is being proposed. - ​ The City receives $100 per interment and bills BCHHS for the cost of this service.​  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ None  Pro(s): - ​ Continues existing service to deceased citizens with no known next of kin - ​ Fees cover operational costs of Riverside Cemetery  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this agreement exists within the currently approved Parks & Recreation  department operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2025-05-13","mt":"regular","id":"W","ref":"RES 25-104","it":"resolution","t":"Resolution authorizing the City (item W)","desc":"Background: - ​ On April 24, 2007 City Council authorized Resolution 07-90 establishing energy and  conservation goals and benchmarks, including a 2% annual reduction in CO2 emissions. - ​ On April 12, 2011 City Council authorized Resolution 11-77 increasing the emissions  reduction goal to 4% annually for five years. - ​ City staff have tracked annual CO2 emissions since 2008 and have used third-party  software to support the effort since 2019. - ​ Carbon emissions tracking software streamlines the process for collecting and evaluating  emission reductions from building energy and fleet. - ​ City staff completed an RFP process and Enpira received the highest score.  ​ ​  - ​ The current requested resolution would authorize a 2-year contract totaling $42,500 with  an option to renew annually for three additional 1 year periods, bringing the five-year  contract total above the council approval threshold to $117,500.  Vendor Outreach Efforts: - ​ Staff performed outreach to Minority and Women Owned Businesses through solicitation  processes, which included posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - ​ Staff also used the City of Asheville ABI Vendor spreadsheet to identify potential qualified  MWBE contractors for RPF outreach. - ​ There were six responsive proposals submitted including one Minority and  Women-Owned business. - ​ The selected highest ranking firm is not a Minority or Women-Owned Business Enterprise  (MWBE) and will self-perform all work. - ​ The contractor was selected based on the qualifications, understanding of the scope of  services, and cost.  Committee(s): - ​ None  Pro(s): - ​ Enpira has worked with the City of Asheville as a contractor since 2022 and has worked  with staff to improve the carbon emission tracking process. - ​ Enpira provides similar services to other North Carolina municipalities and has  experience working with our utility provider. - ​ Effective emissions data collection and analysis allows City staff to evaluate progress  toward City Council goals and to prioritize actions based on the results. - ​ As City staff improves reporting processes, more time is available for other priorities.  Con(s): - ​ None  Fiscal Impact: - ​ The initial 2 year contract will total $42,500. If all 3 annual renewals are used the five year  contract total is not to exceed $117,500. - ​ Year 1 contract funding is available in the FY25 Sustainability Budget, year 2 funding is  currently budgeted in the FY26 department budget. - ​ Contract terms state that renewals depend on available funding approved in future  budgets.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2025-05-13","mt":"regular","id":"X","ref":"RES 25-105","it":"resolution","t":"Resolution authorizing the City (item X)","desc":"Background: - ​ Council approved Resolution 24-94 on May 14th, 2024, to enter into a contract based on  Request for Proposals (298-RFP-HDRepair-FY24) advertised in February 2024. - ​ Atlantic Emergency Solutions was awarded a contract effective 7/1/2024. - ​ The original Contract amount for the initial one (1) year term to be $50,000.00  with a total not-to-exceed contract amount of $150,000.00 for all three (3) years  (if both optional renewals are exercised). - ​ As of January 2025, we had expended approximately $48,000.00 of the  predicted $50,000.00 needed for the initial one (1) year term. - ​ Between July 1st 2024 and January 1st 2025, the contract was utilized to pay 12  invoices averaging approximately $4000.00 each. - ​ Most of these invoices were related to drivability issues. The largest expense  was the replacement of the pack cylinders on Unit# 384 totaling $20,185.82. - ​ On February 11th, 2025, Council approved Resolution 25-22 to amend the  contract to add an additional $50,000.00 per year bringing it to $100,000.00 per  year and a total not -to-exceed amount of $300,000.00 (if both optional renewals  are exercised) - ​ Between January 1st 2025 and April 1st 2025, the contract was utilized for an  additional 7 invoices averaging approximately $6500.00. - ​ As of April 1st we have expended approximately $93,000.00 of the amended  $100,000.00 with most of these invoices related to routine maintenance,  drivability, and electrical issues. - ​ Repairs on Unit# 243 that included an engine reseal were originally estimated at  $11,980.05, during the course of repairs it was determined that the turbos  needed to be replaced and resulted in the invoice totaling $21,212.62. - ​ This additional amount will put the contract over the Not-to-Exceed amount of  $100,000.00. - ​ A contract amendment is needed in the amount of $30,000.00 per year, bringing  the total not-to-exceed amount to $130,000.00 per year, for a total of  $390,000.00 for all three (3) years if both optional renewals are exercised.  Vendor Outreach Efforts: - ​ Fleet staff worked alongside ABI Office throughout the Request for Proposals (RFP) and  Selection process conducted in 2024 to ensure opportunities were extended to any and  all Vendors. - ​ The RFP was advertised according to City’s ABI and Purchasing Policies and  Procedures. - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Electronic Vendor Portal (eVP). - ​ The Asheville Business Inclusion Office’s list of City Vendors for Outreach was consulted  for any known relevant vendors before the RFP was advertised. - ​ No Minority and women owned Business Enterprise (MWBE) vendors were identified  during this process.  Committee(s): - ​ None  Pro(s): - ​ Allows third party service work as a supplement to in house staff. - ​ Allows for a quicker and more efficient process in the repair of downed vehicles. - ​ Returns City vehicles to service in a timely manner. - ​ Provides flexibility in service delivery without significant capital investment in equipment  or facilities that aren’t used on a daily basis. - ​ Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple  quotes. - ​ Maintain a healthy working relationship with the Vendor by ensuring timely payments.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this contract is available in the Fleet Division’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2025-05-13","mt":"regular","id":"Z","ref":"ORD 5135","it":"ordinance","t":"Budget amendment in the City's General Fund (item Z)","desc":"Background: - ​ At the end of September 2024, the City of Asheville experienced large-scale devastation  and  destruction as a result of Tropical Storm Helene that has affected residents, businesses  and city-owned property and infrastructure. - ​ On September 28th, the Federal Emergency Management Agency (FEMA) issued a  major  ​ ​  \f disaster declaration for the State of North Carolina. - ​ City staff has identified the first round of small permanent projects associated with  Helene recovery. - ​ The staff has identified 23 projects with an estimated project cost of $3,540,000 with a  contingency of $354,000, for a total of $3,894,000. - ​ In order to meet state statute requirements related to pre-audits and budget  authorizations, it is recommended that City Council adopt a budget amendment for  expenses as quickly as possible after expenses start being incurred. - ​ The City has and will continue to incur expenses related to Tropical Storm Helene  Disaster Recovery. - ​ Additional budget amendments will be brought forward to City Council in future meetings  for additional projects.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ N/A  Pro(s): - ​ Allows the City to budget for small permanent projects related to Tropical Storm Helene  recovery.  Con(s): - ​ None  Fiscal Impact: - ​ This amendment will add $3,894,000 to the City’s General Capital Projects Fund budget  which is expected to be fully reimbursed with FEMA funds.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2025-05-13","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session (disclosure; economic development incentives)","desc":"","c":"Economic Development","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":27},{"d":"2025-05-13","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1421Xp8RuyiINrqS50Sf-RGVBtnHRQXnS/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":28},{"d":"2025-05-27","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the worksession held on May 8, 2025, and the formal meeting held on May 13, 2025","desc":"Background:  - In late September, the City of Asheville experienced unprecedented rainfall both from Tropical  Storm Helene and a predecessor heavy rain event.  - A state of emergency covering Asheville was declared on September 25th in relation to Tropical  Storm Helene.  - Flooding of the French Broad and Mills Rivers rose to levels that infatuated the Mills River Water  Treatment Plant intake structure where the permanent raw water pumps are located.  - The damage caused by Helene required an immediate response by the City to secure public  safety, provide aid to the community, and secure public infrastructure.  - In responding to this crisis, the City of Asheville engaged Herc Rentals, Inc. to address the needs  of the community when those needs exceeded the capacity of City staff.  - In one such instance, the City engaged Herc Rental, Inc. for the Mills River Water Treatment  Plant to aid in the Hurricane Helene Emergency Response to provide (3) raw water pumps,  flexible water transmission hose, and water intake to convey raw water to the Mills River water  treatment plant process.  - This purchase was determined to be necessary in order to address a special emergency involving  the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat.  § 143‑129(e)(2) from standard contracting processes in state law.  - This purchase was further needed to address an emergency or exigency within the meaning of 2  CFR § 200.320(c)(3).  - Staff is now requesting that Council ratify the City’s contract with Herc Rentals, Inc. for this  procurement and waive any contracting policies or procedures that would normally have applied.      Committee(s):  - None    Pro(s):  - Allowed the City to immediately act to address an emergency without delay.  - Allowed the City to continue to provide water to a portion of the water system.     Con(s):  - None    Fiscal Impact:  - The total cost of this contract is $300,000.  - The contract is expected to be fully reimbursed with FEMA Public Assistance funding.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-05-27","mt":"regular","id":"B","ref":"RES 25-108","it":"resolution","t":"Resolution ratifying an emergency contract with Herc Rentals Inc. for the Mills River Water Treatment Plant emergency response for Tropical Storm Helene","desc":"Background:  - In late September, the City of Asheville experienced unprecedented rainfall both from Tropical  Storm Helene and a predecessor heavy rain event.  - A state of emergency covering Asheville was declared on September 25th in relation to Tropical  Storm Helene.  - Flooding of the French Broad and Mills Rivers rose to levels that infatuated the Mills River Water  Treatment Plant intake structure where the permanent raw water pumps are located.  - The damage caused by Helene required an immediate response by the City to secure public  safety, provide aid to the community, and secure public infrastructure.  - In responding to this crisis, the City of Asheville engaged Herc Rentals, Inc. to address the needs  of the community when those needs exceeded the capacity of City staff.  - In one such instance, the City engaged Herc Rental, Inc. for the Mills River Water Treatment  Plant to aid in the Hurricane Helene Emergency Response to provide (3) raw water pumps,  flexible water transmission hose, and water intake to convey raw water to the Mills River water  treatment plant process.  - This purchase was determined to be necessary in order to address a special emergency involving  the health and safety of the people or their property, and therefore exempt under N.C. Gen. Stat.  § 143‑129(e)(2) from standard contracting processes in state law.  - This purchase was further needed to address an emergency or exigency within the meaning of 2  CFR § 200.320(c)(3).  - Staff is now requesting that Council ratify the City’s contract with Herc Rentals, Inc. for this  procurement and waive any contracting policies or procedures that would normally have applied.      Committee(s):  - None    Pro(s):  - Allowed the City to immediately act to address an emergency without delay.  - Allowed the City to continue to provide water to a portion of the water system.     Con(s):  - None    Fiscal Impact:  - The total cost of this contract is $300,000.  - The contract is expected to be fully reimbursed with FEMA Public Assistance funding.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-05-27","mt":"regular","id":"C","ref":"ORD 5136","it":"ordinance","t":"Technical budget amendment to the City's budget","desc":"Background:  - As a part of the multi-year Capital Improvement Program (CIP), the City routinely enters into   short-term draw programs with financial institutions through the issuance of interim Limited  Obligation Bonds (LOBs).  - The short term draw programs provide cash to reimburse the City for capital expenses prior to the  issuance of long term fixed rate financing.  - The City issued its most recent interim LOBs in June 2022 in an amount not to exceed $42  million.  - As of August 2024, the City had fully utilized the $42 million interim LOBs amount to reimburse  itself for expenses associated with a number of capital projects including the Broadway Public  Safety Station, the Dr. Wesley Grant Sr. Southside Community Center, City Hall elevator  modernization, Muni Golf Course repairs, and the annual street resurfacing program.  - The City began the process of refunding this loan and issuing the 20-year, fixed-rate LOBs in the  fall of 2024 but was delayed by Tropical Storm Helene.  - In April 2025, the City completed the issuance of the long-term LOBS .  - The funds generated from the issuance of the refunding were used to pay off the existing interim   LOBs and the costs associated with the debt issuance, and thus do not represent additional  money available for City use.  - Since long-term debt refundings are non-routine and difficult to accurately forecast ahead of time,  the budget associated with these transactions was not included in the adopted annual budget.  - This technical amendment incorporates these appropriations into the budget in order to ensure  that the General Fund does not exceed the approved annual budget in the City’s annual financial  reporting.      Council Goal:  - Financially Resilient City      Committee(s):  - None      Pro(s):  - Amends the Fiscal Year (FY) 2024-25 Capital 2100 Fund (General Fund) budget in order to   ensure statutory budgetary compliance.     Con(s):  - None     Fiscal Impact:  - There is no net fiscal impact from this technical budget amendment.  - It will amend the FY 2024-25 budget to reflect the receipt of refunding proceeds from the bank   and the subsequent payment to pay off the prior debt issuance.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-05-27","mt":"regular","id":"D","ref":"RES 25-109","it":"resolution","t":"Resolution approving the documentation and authorizing actions (consent item D)","desc":"Background:  - The City of Asheville has owned the property located at 30 Buchanan Place, known as Lewis  McCormick Field, since 1984 and leases the property for operation as a minor league baseball  (MLB) stadium.  - On March 14, 2023, City Council authorized the City Manager to sign a funding letter of  commitment to MLB regarding the City’s intent to bring McCormick Field into compliance with  new facility standards.  - In June 2023, City Council adopted a Capital Improvement Program (CIP) budget that included  $37.5 million in funding for improvements at McCormick Field.  - The financial plan for funding this project included the issuance of Limited Obligation Bonds  (LOBs) with debt service on the bonds to be funded by the City, Buncombe County, the Tourism  Development Authority (TDA), and the Asheville Tourists minor league baseball team.  - In July 2024, City Council adopted a resolution authorizing the City Manager to enter into a  contract amendment with Frank L. Blum Construction Company, in association with W.C.  Construction Company for the construction of the McCormick Field improvements.  - In order to reimburse itself for expenses that have already occurred on the project in the current  fiscal year and have in place the financing to cover expenses that will occur next fiscal year, the  City intends to issue 20-year, fixed-rate taxable LOBs Bonds in June 2025.  - The issuance of the LOBs requires a public hearing which was held at the May 13, 2025 City  Council meeting.  - Staff is seeking Council adoption of the approving resolution associated with this debt issuance.     Pro(s):  - Allows for the issuance of Limited Obligation Bond (LOBs) to meet the City’s cash flow needs for  the McCormick Field project.  - Approximately 65-70% of the long-term debt costs will be paid by the partners in the project.  - Spreads capital costs over a longer term to better match the useful life of the asset.           Con(s):  - None    Fiscal Impact:  - The exact amount of the debt service on the taxable LOBs Bonds will be determined after sale of  the debt in June. The City’s share of the long-term debt costs will likely average approximately  $850,000 per year over the next 20 years, and this amount has already been included in the  City’s multi-year Capital Improvement Program and Debt Model. The remaining debt service  costs, which equate to about 65-70% of the total, will be paid by the partners in the project -  Buncombe County, the Tourism Development Authority (TDA), and the Asheville Tourists.","c":"Economic Development","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-05-27","mt":"regular","id":"E","ref":"RES 25-110","it":"resolution","t":"Resolution authorizing the City Manager (consent item E)","desc":"Background:  - The City of Asheville requires the legal services of a bond counsel to review, prepare and assist  the City in matters related to debt issuances. These services include:  - participation in meetings with City staff and, to the extent deemed necessary by City  Staff, with the City Council;  - preparation of the amendments and supplements to the Indenture, Installment Financing  Contract and the Deed of Trust, as necessary, under which the debt will be issued and  various resolutions and notices, relating to the authorization, execution and delivery of  the debt;  - preparation of all other papers required as a condition precedent to the execution of the  debt;  - assistance to the City with respect to matters before the Local Government Commission;  - participation with the underwriters and its counsel in the review of the documents for the   sale of the debt;  - preparation of necessary resolutions and documentation for approval by the Asheville   Public Financing Corporation (“APFC”) and participation with counsel to the APFC related  to the closing for the debt;  - and delivery of an opinion as to the validity of the debt and the federal and state tax  treatment of the interest of the debt, subject to usual and customary exceptions.  - Parker Poe Adams & Bernstein, LLP has a long-standing relationship with the City, providing  necessary bond counsel services to the City of Asheville with satisfactory results.  - North Carolina law prohibits the City Attorney, or any assistant attorney from performing this  function, therefore external counsel is required.  - Services rendered under this contract will have individual engagements defined through  supplemental agreements for projects on an as-needed basis.           Vendor Outreach Efforts:  - A competitive bid process is not required by State statute or City policy for this type of contract.     Council Goal:  - Financially Resilient City     Committee::  - No prior committee approval.    Pro:  - Contracting with this firm provides the necessary outside expertise that enhances the City’s  financial management  - Statue requires outside bond counsel when issuing debt.      Con(s):  - None    Fiscal Impact:  - Payments will be made based on individual engagements on an as-needed basis and be paid  through the City’s multi-year Capital Improvement Program (CIP) and Debt Model.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-05-27","mt":"regular","id":"F","ref":"RES 25-111","it":"resolution","t":"Resolution amending the North Carolina (consent item F)","desc":"Background:  - The North Carolina General Assembly created a $100 million cashflow loan program under the  Disaster Recovery Act of 2024, which was passed on December 11, 2024.  - The goal of the program is to help local governments whose communities were devastated by  Hurricane Helene while they wait for federal money to arrive.  - In late February, the City received notice that it was awarded a $2.8M loan as part of this  program.  - The loan, which is not structured as a forgivable loan due to duplication of benefit concerns with  Federal Emergency Management Agency (FEMA) funding, comes with a 0% interest rate and a  five-year payback schedule.  - At its March 25, 2025 meeting, City Council approved the NC Helene CashFlow Loan Agreement  which allowed the City to receive the $2.8M loan from the State Treasurer to assist with the  Helene-related expenses while awaiting FEMA reimbursements.  - The State Treasurer is now requesting that all local governments who received expedited public  assistance funding from FEMA approve an amendment to the original loan agreement that allows  that local government to receive the FEMA expedited funding without triggering an obligation to  repay the equivalent amount of the loan proceeds immediately following receipt of such funding.            Pro(s):  - Allows the City to keep the proceeds from the $2.8M Helene Cashflow Loan without having to  immediately repay those funds.     Con(s):  - None    Fiscal Impact:  - As noted above, the City has received the $2.8 million in cash from the loan to help offset Helene  expenses in the current fiscal year, which is important for overall cash flow and will strengthen the  City’s year-end balance sheet.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-05-27","mt":"regular","id":"G","ref":"RES 25-112","it":"resolution","t":"Resolution authorizing the City Manager (consent item G)","desc":"Background:  - The Asheville Police Department (APD) entered into a contract with The FMRT Group, LLC on  07/01/2021 for before-hire and after-hire psychological and medical support services.  - A psychological evaluation is a necessary portion of the hiring process for a Police Officer Trainee  or a Police Officer and is mandated by the N.C. State Criminal Justice Education & Training  Standards Commission in order to certify someone as a police officer.  - The existing contract has two one-year renewals available, and the APD would like approval to  renew each year at its discretion.  - APD already includes this expense in the annual budget process, and additional funding is not  anticipated to be required.     Vendor Outreach Efforts:  - N/A - contract renewal     Committee(s):  - N/A    Pro(s):  - Adherence to the mandate by the N.C. State Criminal Justice Education & Training Standards  Commission in order to certify someone as a police officer.     Con(s):  - Continued annual cost of contracting    Fiscal Impact:  - Funding for the next renewal of this contract ($30,000) is available in the Asheville Police  Department operating budget.  - The cost for the second renewal will be $30,000.  - The total contract amount over a 5-year period will not exceed $149,000.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-05-27","mt":"regular","id":"H","ref":"RES 25-113","it":"resolution","t":"Resolution authorizing the City Manager (consent item H)","desc":"Background:  - The City entered into a contractual agreement with Zips Car Wash, LLC on 07/01/2023 for APD  vehicle automated washing services.  - The contract has one final annual renewal available, and the City would like approval to execute  the renewal.  - APD already includes this expense in the annual budget process, and additional funding is not  required.     Vendor Outreach Efforts:  - N/A - contract renewal     Committee(s):  - N/A    Pro(s):  - Unlimited vehicle washing for the entire Asheville Police Department fleet of vehicles.  - A well-maintained police car improves vehicle longevity and performance, signals professionalism   and promotes a positive image for the police department in the community    Con(s):  - Continued annual cost of contracting    Fiscal Impact:  - Funding for the final year of this contract at $40,788 is available in the Asheville Police  Department operating budget.  - The total contract amount over a 3-year period is $122,364.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-05-27","mt":"regular","id":"I","ref":"RES 25-114","it":"resolution","t":"Resolution authorizing the City Manager (consent item I)","desc":"Background:  - The space is 2,100 SF of commercial space attached to a three-story parking garage.  - The space is owned by the City and managed by the Transportation Department.  - There is not currently a tenant in the space, and it has minimal improvements and amenities.  - City staff reviewed the vacant space, and no internal use was identified due to the significant   improvements required for the City to use it.  - After a marketing campaign and review process in partnership with a local commercial brokerage   firm, Art Garden AVL, LLC has proposed to lease the space for use as a gallery space for an art  gallery that was dislocated by Hurricane Helene.  - The lease term will be 5 years, with an option to renew for one (1) additional five-year period.  - In return for the use of the facilities, Art Garden will make improvements to the commercial space   that are estimated to exceed the fair market rent for the initial five year term. The current  estimate of improvements by the tenant is approximately $161,400.  - During the initial term of five years, Art Garden will pay $0.00 per year in exchange for the costs  incurred for improvements that meet or exceed the amount of the rent estimated for this site.  - For the remainder of the term of the lease, Art Garden will pay rent at $12.00 per square foot,  equal to $2,100 per month, with a 3% annual increase to base rent.  - These terms have been reviewed by a commercial broker and confirmed that the price  point was deemed fair market for the type and condition of the property.      Committee(s):  - None    Pro(s):  - Provide studio space for artists who were displaced by Tropical Storm Helene.     Con(s):  - None, aside from no rental income for the first five (5) year term, in exchange for improvements.     Fiscal Impact:  - The tenant will pay $0.00 during the initial term of five years in exchange for the costs incurred for  site improvements that meet or exceed the amount of the rent estimated for this site.  - For the remainder of the lease term, the tenant will pay $12.00 per SF, equal to $2,100 per  month, with a 3% annual increase to the base rent.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-05-27","mt":"regular","id":"IV-B","ref":"ORD 5137","it":"public_hearing","t":"Ordinance to rezone 46 Green Hill Avenue","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 46  Green Hill Ave from Commercial Industrial District and RS-8 Residential Single-Family High Density  District and RS-8 Residential Single-Family High Density to RS-8 Residential Single-Family High Density  District. This public hearing was advertised on May 16 and 23, 2025.    Project Location and Contacts:  - The rezoning petition consists of one property totalling 0.9 acres and located at 46 Green Hill Ave  (PIN 9628-65-6479).  - Owner: Mountain Meadows Rentals LLC.     Summary of Petition:  - The applicant requests a rezoning of one property to the Residential Single-Family High Density   (RS-8) district.  - The property is currently zoned Residential Single-Family High Density (RS-8) and Commercial   Industrial (CI).  - Commercial Industrial (CI) district does not allow single-family detached dwellings as a permitted   use.  - The property is currently vacant and was recently subdivided.  - The subject property is designated “Traditional Neighborhood” on the city’s Future Land Use   (FLU) Map. A change to the FLU Map is not required.    Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated below.    Comprehensive Plan Consistency:  - The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan  including:         - Increase and Diversify the Housing Supply - by promoting zoning policies to  encourage more housing.   - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking -  by continuing to support contextually appropriate infill development and a variety of  housing types.  - The proposed rezoning is compatible with the Future Land Use designation of “Traditional  Neighborhood” which is described, in part, that “The types of housing can vary and often include  a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes  and multifamily apartments usually located seamlessly together”.  - Residential Single-Family High Density (RS-8) is cited as an appropriate zoning district within the  “Traditional Neighborhood” Future Land Use category.     Compatibility Analysis:  - The purpose of the Residential Single-Family High Density (RS-8) district is, “to establish a high  density per acre for single-family dwellings where public infrastructure is sufficient to support such  development and to stabilize and protect the district's residential character in areas of existing  high density single-family development while promoting a suitable environment for single-family  living. Non-single-family development normally required to provide the basic elements of a  balanced and attractive residential area is also permitted” (UDO Sec. 7-8-4).  - The proposed rezoning petition is compatible with the surrounding land uses, including:  - Residential Single-Family High Density (RS-8) zoned property directly to the north and   east of the subject property.  - Commercial and light industrial uses located to the south and west of the subject   property.     Committee(s):  - Planning & Zoning Commission (PZC) - May 7, 2025 - Approved (Vote 6:0)     Pro(s):  - Allows for the development of single-family detached dwelling units on the entire subject property.     Con(s):  - Would not allow for the development of multi-family dwelling units.      UDO District Comparison     UDO Provision Commercial Industrial (CI)  Total City Area Zoned CI: 1,647 acres   Residential Single-Family High  Density (RS-8)  Site Area: 0.7 acres   Allowed uses: ● Duplex  - Townhouse  - Multi-Family  - Accessory Dwelling Unit  - Wide range of commercial and   industrial uses  - Single-Family Detached  - Townhouse  - Accessory Dwelling Unit  - Cottage Development  - Limited public, institutional, and   recreational uses   Density: 8 units per acre n/a         Structure Size: n/a n/a   Lot Size Minimum: n/a Min. 4,000 s.f.   Lot Width Minimum: Min. 100’ Min. 40’   Building Height: Max. 80’ Max. 40’   Building Setbacks: Front: 35’, Side: none, Rear: 10’ Front: 15’, Side: 6’, Rear: 15’      Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery, the future land use  map and the existing future land use map. He said the Planning & Zoning Commission voted  unanimously to approve the rezoning. He showed a chart of Commercial Industrial District vs. RS-8  District. He said the pro would be that it allows for the development of single-family detached dwelling  units on the entire subject property. One con is that it would not allow for the development of multi-family  dwelling units. He said the purpose of the Residential Single-Family High Density (RS-8) district is, “to  establish a high density per acre for single-family dwellings where public infrastructure is sufficient to  support such development and to stabilize and protect the district's residential character in areas of  existing high density single-family development while promoting a suitable environment for single-family  living. Non-single-family development normally required to provide the basic elements of a balanced and  attractive residential area is also permitted” (UDO Sec. 7-8-4). The proposed rezoning petition is  compatible with the surrounding land uses and zoning districts, including: (1) Residential Single-Family  High Density (RS-8) zoned property directly to the north and east of the subject property; and (2)  Commercial and light industrial uses located to the south and west of the subject property. He then  explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that  staff concurs with the Planning & Zoning Commission and recommends approval of the proposed  rezoning.     Councilwoman Turner said that on this .7 acre piece of property she is concerned that we are  removing multi-family as an option.     Mayor Manheimer opened the public hearing at 6:26 p.m., and when no one spoke, she closed  the public hearing at 6:26 p.m.    Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2025-05-27","mt":"regular","id":"J","ref":"RES 25-115","it":"resolution","t":"Resolution authorizing the City Manager (consent item J)","desc":"Background:  - The City of Asheville is replacing the existing 90 year old municipal pool in Malvern Hills Park with  a new, modern, and code-compliant aquatic facility (including the pool house and pump house  buildings) that enhances community recreation opportunities and ensures accessibility for all  residents.  - A community preference survey was launched on Public Input on March 31st, to gather  community input for the pool project. The survey concluded on April 28, 2025.  - Submittals for the Request for Qualifications (RFQ) were received on March 24th, 2025.  - The RFQ solicited design teams with experience in pool design, architecture, and engineering of   the Malvern Hills Park Project, and 11 firms provided submittals which were reviewed by a  selection committee.  - The design team led by Clark Nexsen from Asheville was selected as the most qualified to  provide design services.  - Clark Nexsen’s fee proposal has been reviewed and negotiated to $269,400.00.  - The scope for this design contract includes: planning, budgeting, designing, a public meeting   attendance and preparing construction documents for a new pool and repairing associated  buildings to meet current building code, safety standards and a fully accessible facility.  - Anticipated schedule is for design to start Summer 2025 with design wrapping up in Mid- 2026.  Construction is anticipated to begin in the Summer 2026 and be complete by Fall 2027.  - Staff is proposing to use a Construction Manager at Risk project delivery method in order to  expedite the construction start date and will continue to look for ways to expedite project delivery.     Vendor Outreach Efforts:  - Staff performed outreach to minority and women owned businesses through solicitation   processes which include posting on the State’s Interactive Purchasing System.  - All A/E design firms on the City’s MWBE list were emailed prior to advertising the project to inform   them of upcoming City of Asheville Design Projects.  - Clark Nexsen is not a minority or women-owned business.      Committee(s):  - None     Pro(s):  - By providing a new pool at Malvern Hills Park, it will provide much needed city wide aquatic  recreation opportunities. The largest City pool was destroyed in the flooding of the Swannanoa  River due to Helene in Fall 2024. Currently, the Grant Recreation Center Pool is the only  functioning City owned pool.  - The surrounding Malvern Hills community strongly supports the park and pool improvement.  Con(s):  - None    Fiscal Impact:  - Funding for this contract is included in the adopted 2024 GO Bond Capital Budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-05-27","mt":"regular","id":"K","ref":"RES 25-116","it":"resolution","t":"Resolution authorizing the City Manager (consent item K)","desc":"Background:  - Weaver Park has received renovations piece by piece over the past several years. This project  will complete the final part of the park (excluding the buildings).  - This portion of construction will focus on the ballfield and walkway around it. It will provide new  fencing, batting cages, visitor seating and walking surfaces to make it accessible and to replace  outdated equipment.  - The expected schedule for construction to start is in July, after baseball season is over.    Vendor Outreach Efforts:  - Staff performed outreach to minority and women owned businesses through solicitation  processes using the State’s Interactive Purchasing System and requested prime contractors to  reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for  subcontracted services.  - Additionally, prior to the pre-bid meeting, staff collaborated with the ABI office and reached out by  email to a list of 16 minority contractors (list provided by the Asheville Business Inclusion Office).  - The ABI office made phone calls to each of the 16 emailed minority contractors to personally  connect with each company.  - This project was advertised on March 20, 2025, and the City received and opened bids on April  24, 2025. Three bids were submitted. Their names and bid amounts are listed below:  - Patton Construction Group, Inc. Asheville, NC. $770,545.00  - Smart Builders Construction, LLC (dba Modern Mountain Builders). Asheville, NC.   $679,301.00  - J. Bartholomew Construction, LLC. Hendersonville, NC. $849,600.00  - Smart Builders Construction was the lowest responsive, responsible bidder.  - Two MWBE firms submitted bids with this prime contractor.  - Smart Builders is not a minority or women owned business.      Committee(s):  - None    Pro(s):  - Weaver Park will receive much needed improvements with this project, replacing outdated  equipment and accessibility.  - Construction will occur during the baseball/t-ball off-season.    Con(s):  - None    Fiscal Impact:  - This project is currently funded by GO Bond and Capital funds.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-05-27","mt":"regular","id":"L","ref":"RES 25-117","it":"resolution","t":"Resolution authorizing the City Manager (consent item L)","desc":"Background:  - Hurricane Helene resulted in a significant volume of debris throughout the city.  - Efficient and effective management of this debris is essential.  - Visual monitoring is required to ensure proper debris handling and site management.  - Debris site cameras offer a practical solution for remote monitoring while providing cost saving   from traditional manned security.  - The project was initially advertised on January 23, 2025, and then canceled and sent out for   ReBid on February 27th, 2025 due to edits in the original scope of work needed.  - It was readvertised on February 14th 2025, and the City received and opened bids on February   27th, 2025 @5:00PM.  - Fourteen bids were received, The following companies submitted bids:  - A3, Irmo, SS, Two options provided: A) $421,573.00 B) $383,545.00  - Alegra Technologies, Charlotte, NC $270,429.00  - Encore Technology Group, Piedmont, SC $268,151.00  - ESI, Channelview, TX $277,550.00  - Genric, Marysville, OH $271,500.00  - HBA Worldwide LLC DBA GenX Security Systems, Piedmont, SC $267,203.00  - HQE Systems, Temecula, Ca $468,598.00  - IoT Deployment Services, Charlotte, NC $282,014.00  - LRG Technologies, St Paul MN $323,809.00  - Nitor, Clemmons, SC $305,648.00  - ReconView LLC, Locust, NC $356,584.00  - Non-Responsive Bids:  - Appalachian Network Services, Fletcher, NC $248,936.00  - Deploy Surveillance, Jordan, UT $756,000.00  - Vector Security, Sanford, NC $171,849.00  - HBA Worldwide LLC DBA GenX Security Systems was the lowest responsive, responsible bidder.  - Resulting in a total contract award amount is $267,203.00     Vendor Outreach Efforts:  - Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and requiring  prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service  providers for subcontracted services.  - HBA Worldwide LLC DBA GenX Security Systems is a woman owned business enterprise.     Committee(s):  - N/A    Pro(s):  - Loitering and trespassing can occur, posing a risk to individuals and the security of the site.  - Potential for theft of equipment or materials stored at the debris sites.  - Injury risk exists due to the nature of debris and potential hazards present at the sites.  - Health concerns may arise from exposure to debris, potential contaminants, or unsanitary   conditions.  - Community safety is compromised without proper monitoring and control of access to the debris   sites.  - The funding for security cameras falls under reimbursement from FEMA, highlighting the   importance of documenting and managing the sites effectively for financial recovery.    Con(s):  - N/A           Fiscal Impact:  - It is anticipated that this contract will be reimbursed by FEMA.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-05-27","mt":"regular","id":"M","ref":"RES 25-118","it":"resolution","t":"Resolution authorizing the City Manager (consent item M)","desc":"Background:  - A Parking Garage Facility Study was completed in 2023 identifying $11.3 million in repairs and  restoration work at the City’s four downtown parking garages.  - To date $775,000 has been spent towards immediate priority repairs, emergency repairs and  ADA accessibility improvements in the Wall Street, Rankin Ave, and Harrah’s Cherokee Center  Asheville garages.  - The next phase of improvements, the Parking Garage Capital Improvements FY25 project, will  address restoration work in the Wall Street and Rankin Ave garages. Work will include cleaning,  strengthening, sealing and coating of the concrete and steel surfaces throughout the garages,  new traffic coatings, new striping and other improvements.  - The estimated timeline to perform the work in the two garages–while the garages remain open  and operating but with portions of the parking levels closed off throughout–is 10 months. In an  effort to limit the disruption to parking services and expedite construction, Staff included a bid  alternate that will expedite construction by fully closing the garages during construction.  - Bid Alternate 1 condenses the construction schedule for the Wall Street garage down to 6  weeks. Bid Alternate 2 condenses the Rankin Ave construction schedule down to 4  weeks.  - The work will be performed consecutively in one garage and then the next, so there will  only be one garage out of service at a time.  - A request for bids, 298-CP25-PFGY25.REBID, was issued April 21, 2025. Bids were opened on  May 8, 2025. Four bids were received:   Bidder Base Bid Alternates Total  - Eskola, LLC $1,577,700.00 -$21,496.56 $1,556,203.44  - Charlotte, NC  - Exterior Diagnostics Services, LLC $1,949,877.00 +$0.00 $1,949,877.00  - Apex, NC  - Stone Restoration of America, Inc. $2,427,044.00 -$60,000.00 $2,367,044.00  - Charlotte, NC  - Strickland Waterproofing Co, Inc. $3,893,695.00 +$224,000.00 $4,117,695.00  - Charlotte, NC  - The low bidder, Eskola, LLC, was deemed non-responsive due to an incomplete bid.  - The lowest responsive and responsible bidder is Exterior Diagnostics Services, LLC.     Vendor Outreach Efforts:  - Staff performed direct outreach to minority and women owned businesses, through solicitation  processes using the State’s Interactive Purchasing System; and required prime contractors to  reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for any  and all subcontracted services.  - A woman owned supplier, MWM Supply of Raleigh, NC is included as a subcontractor to  Exterior Diagnostics Services, LLC.     Committee(s):  - None    Pro(s):  - This contract will provide necessary repairs to the Wall Street and Rankin parking garages.  - The repairs will prolong the life of the parking facilities and improve the customer experience     Con(s):  - During construction parking availability downtown will be reduced.  - The closure of the garages for construction will result in reduced parking revenues.     Fiscal Impact:  - Funding for this contract is already included in the Parking Services Capital Improvement  Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-05-27","mt":"regular","id":"N","ref":"RES 25-119","it":"resolution","t":"Resolution approving ABC Board request","desc":"This is a request from the ABC Board to exclude the proceeds from the sale ($155,029.19) of 133 Old Charlotte Highway in order to upgrade current property to be used as a retail location to accommodate the increasing need for shelf space.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-05-27","mt":"regular","id":"V-A","ref":"RES 25-120","it":"resolution","t":"Resolution approving a request by Commonwealth Development for an additional Housing Trust Fund loan of $607,000 to construct 77 new affordable apartments","desc":"Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a  resolution approving a request by Commonwealth Development for an additional $607,000 in  Housing Trust Fund loan funds with 2% interest, deferred payments for a period of 20 years,  for the purpose of developing affordable housing at Fairhaven Summit at 1 Waymon Blvd.  (3124/3130 Sweeten Creek Road).    Background  - Commonwealth Development Corporation is developing Fairhaven Summit, a Low Income  Housing Tax Credit (LIHTC) project that was awarded 9% tax credits in 2022.  - The project is located at 1 Waymon Blvd. (formerly addressed as 3124/3130 Sweeten Creek  Road), PIN 9655-33-2833.  - The project will have 77 total units affordable to families at 30%, 50%, 70%, and 80% of the area  median income (AMI), with a 30-year affordability period.  - City Council previously awarded $875,000 to the project - 1st request - April 25, 2023, $500,000;  2nd request - December 12, 2023, $375,000.  - City Council also approved a Land Use Incentive Grant for $1,018,132 on December 12, 2023.  - The Commonwealth Development Corporation is requesting an additional $607,000 to cover a   funding gap created by several factors: a two-month delay in site work attributable to TS Helene,  unforeseen soil conditions, and additional design changes required by NCHFA after the lending  closed.  - The Housing Trust Fund currently has $2.18 million available. Approval of this request will reduce  the amount available by $607,000, leaving a balance of approximately $1.57 million.  - The total request of $1,482,000 equals 6.09 % of the total development cost, under the Housing  Trust Fund policy cap of 10% of total development costs.  - With the LUIG grant of $1,018,132, the City's total support will be 10.27% of the project’s cost.  - The subsidy per unit using Housing Trust Fund loans is $19,247 per unit, and including the LUIG   funding, $32,470 per unit.  - The project is currently under construction and is slated for completion at the end of November   2025.    Proposal  - Commonwealth Development Corporation (CDC) of Middleton, WI, has requested an additional  $607,000 HTF loan for Fairhaven Summit, for a total amount of $1,482,000 in HTF loans.  - The total loan will have a 20-year term; payments are deferred, but 2% interest compounds  annually.     Units by Income and Bedrooms     Income Served No. of Units Bedroom Counts Notes   30% AMI 20 3 - 1 bdrm; 7- 2-bdrm; 10 - 3 bdrm Project-Based Vouchers   50% AMI 9 2 - 1 bdrm; 2 - 2-bdrm; 5 - 3 bdrm KEY program - serving  low-income residents with  disabilities   70% AMI 32 5 - 1 bdrm; 10- 2-bdrm; 17 - 3 bdrm         80% AMI 16 2 - 1 bdrm; 6- 2-bdrm; 8 - 3 bdrm     Project Financing     Source Amount Percentage of Total  Development Costs   Per unit   1st Permanent Mortgage 10,440,000 42.89% 135,584   Buncombe County 1,235,000 5.07% 16,039   Asheville HTF ($875k prev  loan+$607k new loan)   1,482,000 6.09% 19,247   HOME funds 400,000 1.64% 5,195   LIHTC Equity 10,006,766 41.11% 129,958   Refund Rate Lock Deposit 120,060 0.49% 1,559   Deferred Developer Fee 659,722 2.71% 8,568   Total $24,343,548 100%       Housing Trust Fund Policy Compliance  - The total request of $1,482,000 equals 6.09 % of the total development cost, which is under the  policy cap of 10% of total development costs.  - Both superordinate lenders are providing more funding than HTF.       Pro(s):  - This funding will ensure that this project crosses the finish line and can open in November 2025.  - The project will support the construction of 77 affordable apartments for families with an   affordability period of 30 years.  - The project subsidy is $19,247 per unit, based on the full $1,482,000 request. With the LUIG   grant of $1,018,132, the City's total support will be 10.27% of the project’s cost.  - This project aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental   housing affordable to 60% AMI and below.     Con(s):  - None noted.     Fiscal Impact:  - There is currently $2.18 million available in the Housing Trust Fund. Approval of this request will  reduce the amount available in the Housing Trust Fund by $607,000, and the balance will be  approximately $1.57 million.     Staff Recommendation:  Staff recommends approval of the additional loan of $607,000 with a 20-year maturity; payments  deferred, but 2% interest compounds annually; based on the following:  - Construction of 77 new affordable units for various incomes, from 30% AMI to 80% AMI.  - Supports families with a mix of one, two, and three-bedroom units.  - Twenty units will be set aside for project-based vouchers, and eleven (11) units will utilize the   KEY program for low-income residents with disabilities who need supportive services.  - The requested City of Asheville HTF loan will comprise 6.1% of total development cost, well   below the 10% cap.  - Adding in the LUIG grant approved in 2023, the City’s portion of the project is at 10.3%, which is   reasonable given the rise in costs and impacts of TS Helene.     Ms. Vrtunski said that the following are the key takeaways from her presentation: (1) Council  funded this project as a part of the FY23-24 Housing Trust Fund cycle and approved $500,0000 on April  25, 2023 and $375,000 in December 2023; (2) The project is 100% affordable and includes 77 units, with  a mix of incomes (30%, 50%, 70% and 80% AMI), averaging 60% AMI and below; (3) Commonwealth  Development Corp is requesting an additional $607,000 for their Low Income Housing Tax Credit (LIHTC)  project on Sweeten Creek Road; (4) The additional funds are needed to cover the gap created by several  factors including a 2 month delay due to TS Helene, and additional design changes required by NC  Housing Finance Agency; (5) HCD recommended approval of this funding request, 3-0; and (6) Staff  recommends approval by City Council. She then gave a brief description of Fairhaven Summit as follows:  Project Description: 77 units serving families on Sweeten Creek Road; Project Type: Rental  apartments, 9% LIHTC development (NCHFA 2021 award); Developer: Commonwealth Development  Corporation; Previous Approvals: $500,000 in April 2023, $375,000 in December 2023, $1,018,132  LUIG grant approval in December 2023; Request: $607,000 in additional HTF financing for a total HTF  contribution of $1,482,000; and Loan Terms: 20-year maturity; payments deferred, but 2% interest  compounds annually     She then reviewed the units by bedroom and income chart below:.     Incomes  Served   No. Of  Units   Bedroom Counts Notes   30% AMI 20 3 - 1 bdrm: 7 - 2 bdrm; 10 - 3 bdrm Project Based Vouchers   50% AMI 9 2- 1 bdrm: 2 - 2 bdrm; 5 - 3 bdrm KEY Program - serving low  income residents with disabilities   70% AMI 32 5 - 1 bdrm: 10 - 2 bdrm; 17 - 3 bdrm   80% AMI 16 2 - 1 bdrm: 6 - 2 bdrm; 8 - 3 bdrm      The project financing is as follows:     Source Amount Percentage of Total  Development Costs   Per unit   1st Permanent Mortgage $10,440,000 42.89% 135,584   Buncombe County 1,235,000 5.07% 16,039         Asheville HTF ($875K prev  loan+$607K new loan)   1,482,000 6.09% 19,247   HOME funds 400,000 1.64% 5,195   LIHTC Equity 10,006,766 41.11% 129,958   Refund Rate Lock Deposit 120,060 0.49% 1,559   Deferred Developer Fee 659,722 2.71% 8,568   Total $24,343,548 100%      Staff recommends approval based on the following: (1) Construction of 77 new affordable units  for a range of incomes - from 30% AMI to 80% AMI; (2) Supports families with a mix of one, two, and  three-bedroom units; (3) Twenty units will be set aside for project-based vouchers and eleven (11) units  will utilize the KEY program for low income residents with disabilities who are in need of supportive  services; (4) The requested City of Asheville HTF loan will comprise 6.1% of total development cost, well  below the 10% cap; and (5) Adding in the LUIG grant approved in 2023, the City’s portion of the project is  at 10.3%, which is reasonable give the rise in costs and impacts of TS Helene.     Mayor Manheimer noted that it is incredibly costly to underwrite affordable housing.     In response to Councilwoman Roney, a representative from Commonwealth Development said  that they are building to an Energy Star requirement rating. It’s a 100% electric project, so it is set up  where we could incorporate solar or renewable energy into the project in the future.     When Mayor Manheimer asked for public comments, none were received.     Mayor Manheimer said that members of Council have been previously furnished with a copy of  the resolution and it would not be read.","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2025-05-27","mt":"regular","id":"closed-in","ref":"","it":"other","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":16},{"d":"2025-05-27","mt":"regular","id":"closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1xy_85VcN2RnioQG-X490JjkLGJMQId-d/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":17},{"d":"2025-06-10","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the worksession held on May 22, 2025, and the formal meeting held on May 27, 2025","desc":"Background:  - Throughout the years, the City of Asheville’s Rules on Boards & Commissions have been  amended.  - The latest amendment to the City of Asheville’s Rules on Boards & Commissions was  adopted on September 13, 2022, via Resolution No. 22-204.  - Since that time, City staff have recognized several discrepancies between State law,  practice, and out-of-date material.  - Major revisions to the Rules include:  - Revision of Qualifications Section regarding the requirement for City residency   for appointment to be amended so that City residents will be given preference to  City-managed boards & commissions.  - Requirement for boards to submit annual work plan to be posted on City website  by August 30 each year  - Requirement that all boards adopt the Rules of Procedure provided as approved  by the City Attorney’s Office  - Clarification on voting rules, including unexcused absences and nonvotes  - Inclusion of the Ethics Policy within the City of Asheville’s Rules on Boards &   Commissions document  - Removal of the Conflicts of Interest section, to now be contained within the   Ethics Policy     Committee(s):  - Policy Finance and Infrastructure Committee - June 10, 2025    Fiscal Impact:  - This action requires no City resources and has no fiscal impact.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-06-10","mt":"regular","id":"B","ref":"RES 25-121","it":"resolution","t":"Resolution amending the City of Asheville (consent item B)","desc":"Background:  - Throughout the years, the City of Asheville’s Rules on Boards & Commissions have been  amended.  - The latest amendment to the City of Asheville’s Rules on Boards & Commissions was  adopted on September 13, 2022, via Resolution No. 22-204.  - Since that time, City staff have recognized several discrepancies between State law,  practice, and out-of-date material.  - Major revisions to the Rules include:  - Revision of Qualifications Section regarding the requirement for City residency   for appointment to be amended so that City residents will be given preference to  City-managed boards & commissions.  - Requirement for boards to submit annual work plan to be posted on City website  by August 30 each year  - Requirement that all boards adopt the Rules of Procedure provided as approved  by the City Attorney’s Office  - Clarification on voting rules, including unexcused absences and nonvotes  - Inclusion of the Ethics Policy within the City of Asheville’s Rules on Boards &   Commissions document  - Removal of the Conflicts of Interest section, to now be contained within the   Ethics Policy     Committee(s):  - Policy Finance and Infrastructure Committee - June 10, 2025    Fiscal Impact:  - This action requires no City resources and has no fiscal impact.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-06-10","mt":"regular","id":"C","ref":"RES 25-122","it":"resolution","t":"Resolution authorizing the City Manager (consent item C)","desc":"Background:  - The City of Asheville is the designated Lead Agency for the Asheville-Buncombe  Continuum of Care (CoC). The CoC oversees homelessness response in Asheville and  Buncombe County.  - The CoC has been invited to participate in a 3-year pilot initiative on homelessness  prevention called Right at Home.  - Right at Home is seeking to pilot prevention services (e.g. rental assistance, case  management) in 10 communities across the country and has selected  Asheville-Buncombe for inclusion in the pilot.  - The CoC Board unanimously approved this opportunity at its May 8, 2025 meeting.  - The City as the CoC’s Lead Agency will submit and manage the planning grant on the   CoC’s behalf by entering into an agreement with Destination Home SV, a 501(c)3  organization, which serves as the fiscal manager for the Right at Home partnership.  - The planning grant will add a funded staff position to the Homeless Strategy Division in  the Community and Economic Development Department for project management of the  initiative during both the 6-12 month planning phase and the 3-year implementation  period.  - Planning is expected to conclude by June 2026 with implementation to begin in July  2026. Plans will be approved by the CoC Board and by Right at Home prior to  implementation.  - This funded opportunity will provide critically needed rental assistance to help households  maintain housing and avoid entering homelessness.     Vendor Outreach Efforts:  - N/A     Committee(s):  - Asheville-Buncombe Continuum of Care Board - May 8, 2025 - unanimous approval to  submit a planning grant to participate in the Right at Home initiative     Pro(s):  - Secures new resource for homelessness prevention  - Adds funded project management capacity in Homeless Strategy Division     Con(s):  - None noted    Fiscal Impact:  - If awarded, matching funds will not be required for this grant.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-06-10","mt":"regular","id":"D","ref":"RES 25-123","it":"resolution","t":"Resolution authorizing the City Attorney to enter into a federal lobbyist contract (consent item D)","desc":"a five percent increase for each subsequent year - $75,600.00 for contract year two, $79,380 for  the first optional renewal year, and $83,349 for the second optional renewal year.    Background:  - Approval of the contract will allow the City’s federal lobbyist to continue providing its  services on behalf of the City to the Federal Government and related Federal entities.  - The City’s lobbyist provides valuable services through advocating the City’s legislative  agenda, lobbying against bills which would be harmful to the City, and providing general  counsel to the City and its elected officials on matters dealing with the Federal  Government.  - The current contract will expire June 30, 2025.  - This type of agreement is exempt from competitive procurement.     Vendor Outreach Efforts:  - Vendor is self performing - not applicable.     Committee(s):  - N/A    Pro(s):  - Provide continued federal lobbying services.    Con(s):  - None    Fiscal Impact:  - The contract will be at a rate of $147,600.00 for the first two years, with two additional  one year optional renewal periods with a rate of $79,380 for the first optional renewal  year and $83,349 for the second optional renewal year.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-06-10","mt":"regular","id":"E","ref":"RES 25-124 / ORD 5138","it":"resolution","t":"Resolution to accept the 2025 High Intensity Drug Trafficking Area (HIDTA) award; budget amendment to accept the HIDTA funds","desc":"Background:  - The purpose of the HIDTA program is to reduce drug trafficking and especially production  in the United States, specifically in areas where drug-related activities are having a  significant harmful impact.  - This unit does not focus on, or adopt cases, that are for simple possession, but focuses  only on cases that deal in trafficking, manufacturing, and distribution of illegal drugs.  - The Asheville Police Department acts only as the fiduciary for the grant.  - When expenses are incurred, the fiduciary settles the claims using appropriated City of   Asheville funds and then requests a 100% reimbursement from the federal government.  - The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville   Police Department.  - The Asheville HIDTA is comprised of members of the United States Drug Enforcement   Administration, one officer from the Asheville Police Department, and various individuals  from the Sheriff Offices of several Western North Carolina Counties.  - A United States Drug Enforcement Administration supervisor, who is the Asheville HIDTA  manager, determines how grant funds will be expended.  - All members of the Asheville HIDTA receive reimbursement when they incur qualified  expenses conducting Asheville HIDTA business.  - The Office of National Drug Control Policy has determined that the City of Asheville  is eligible to manage this grant totaling $160,904.00.  - Grant funds are used for overtime, travel, services and supplies.  - All expenses are tracked and audited by local and federal authorities.     Vendor Outreach Efforts:  - None. Funding for this grant is provided by the Office of National Drug Control Policy  (ONDCP).      Committee(s):  - The Environment & Safety Committee approved to move the application of this grant  forward to City Council on 3/26/2024 with a 3-0 vote. Council then voted to approve the  application of the grant in Resolution 24-80 on 4/23/2024.     Pro(s):  - Fosters partnerships with federal and local law enforcement agencies.    Con(s):  - None    Fiscal Impact:  - Matching funds are not required for this grant.","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Hess","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":9},{"d":"2025-06-10","mt":"regular","id":"F","ref":"RES 25-125 / ORD 5139","it":"resolution","t":"Resolution for the City of Asheville to (consent item F); budget amendment in the Transit Services fund","desc":"","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-06-10","mt":"regular","id":"G","ref":"ORD 5140","it":"ordinance","t":"Ordinance enacting a 20 miles per hour speed limit (consent item G)","desc":"Background:  - N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its  corporate limits.  - City staff received requests from citizens to consider changes to speed limits.  - City staff performed appropriate traffic engineering reviews along two streets: Short Coxe   Avenue and Clingman Avenue Extension.  - The speed limit on the following streets will be set at 20 miles per hour:  - Short Coxe Avenue from Southside Avenue to Biltmore Avenue  - Clingman Avenue Extension from Clingman Avenue to Lyman Street  - Safety concerns were raised about speeding on both of these streets. The speed limit  changes are recommended in order to establish lower, safer speed limits that are  consistent with the context of these streets.  - The Asheville Police Department has reviewed the subject actions and they concur with  them.  - Once the subject action is approved and prior to the installation of appropriate signs on  the City-maintained streets, Transportation Department staff will coordinate outreach and  public education with the Communication & Public Engagement Department (CAPE) and  the Asheville Police Department.  - Subpart A, Article II, Section 18 of the City of Asheville’s Charter requires revising or  amending ordinance sections by repealing the original ordinance sections completely and  replacing them with revised or amended ordinance sections.  - Staff is therefore requesting a repeal and replacement of the relevant ordinance sections  to accomplish these speed limit changes.  - A short version of the ordinance changes is included with this staff report.     Committee(s):  - MMTC - not presented due to no scheduled meetings.    Pro(s):  - City staff have been able to respond favorably to citizens’ requests.  - Provides a more appropriate posted speed limit in commercial and residential areas.  - Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders.           Con(s):  - None    Fiscal Impact:  - The cost of installing and maintaining speed limit signs is included in the Transportation  Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-06-10","mt":"regular","id":"H","ref":"RES 25-126 / RES 25-127 / RES 25-128","it":"resolution","t":"Resolutions ratifying contracts (consent item H)","desc":"Background:  - Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene and a predecessor heavy rain  event, resulting in catastrophic damage, primarily from the ensuing flooding and  landslides.  - A state of emergency went into effect in Asheville on September 25th in relation to these  damaging storms.  - The equipment and staffing capacity needed for recovery efforts exceeded that which  was available of the City’s internal capacity, rendering it necessary to contract for these  services.  - The following vendors were selected and associated contracts executed for the purposes  of Tropical Storm Helene-related recovery efforts:  - General Services Contract 92500474 with DebrisTech, LLC, for a total authorized  not-to-exceed amount of $500,000.  - General Services Contract 92500470 with Carolina Towing and Transport of NC,  Inc., for a total authorized not-to-exceed amount of $725,000.  - General Services Contract 92500471 with Hart’s Towing, LLC, for a total  authorized not-to-exceed amount of $725,000.  - Contracted services consist of the following:  - Remove titled property from City right-of-ways, private property, City property, or   other areas within City limits as directed;  - Document towing, storage, and disposal processes in accordance with state and   federal regulations, and provide all requested documentation to City of Asheville;  and  - Debris monitoring services to oversee the above-mentioned processes.    Vendor Outreach Efforts:  - General Services Contract 92500474 with DebrisTech, LLC, was completed under NC  State Contract 19-IFB-015120-DAD, thus no outreach efforts conducted by the City.  - An ABI Policy Exemption was granted for the Helene Towing 2025 Bid, which resulted in  the contracts with Hart’s Towing and Carolina Towing and Transport of NC, Inc.      Committee(s):  - None    Pro(s):  - Public Works will be able to contract for services needed to complete Tropical Storm  Helene-related recovery efforts, which exceeds the department’s internal capacity.     Con(s):  - None.     Fiscal Impact:  - The fiscal impact will vary depending upon utilization, but will not exceed the cumulative  contract limits of $1,950,000.  - The City has already incurred costs associated with this service. Towing operations were  delayed pending this contract but are essential to debris cleanup. The services  commenced immediately upon signing a contract with these vendors.  - Services rendered will be paid from the funds allocated to Public Works for the purposes  of Tropical Storm Helene-related expenses. These funds have been authorized for the  purpose of immediate response and recovery efforts.  - The contracted services are for the purposes of Tropical Storm Helene-related recovery  efforts and are expected to be eligible for FEMA reimbursement. These expenses are  being submitted through the FEMA Public Assistance process.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-06-10","mt":"regular","id":"I","ref":"RES 25-129","it":"resolution","t":"Resolution ratifying the City's contract (consent item I)","desc":"Background:  - In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene.  - Flooding of the Swannanoa River rose to levels that destroyed the Parks Operations  Facility and Fleet, located at 81 Thompson Street.  - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.  - During this crisis, the City of Asheville engaged Herc Rentals, Inc. to augment City staff  and expand its equipment capacity, including a skid steer, utility bed trucks, and pickups,  to aid staff in meeting community needs.  - This rental was determined to be necessary in order to address a special emergency  involving the health and safety of the people or their property, and therefore exempt  under N.C. Gen. Stat. § 143‑129(e)(2) from standard contracting processes in state law.  - This purchase was further needed to address an emergency or exigency within the  meaning of 2 CFR § 200.320(c)(3).  - Staff is now requesting that Council ratify the City’s contract with Herc Rentals, Inc. for  this procurement and waive any contracting policies or procedures that would normally  have applied.      Committee(s):  - None    Pro(s):  - Allowed the City to immediately act to address an emergency without delay.  - Allowed the City to continue to return parks to a safe, usable condition following TS   Helene.     Con(s):  - None     Fiscal Impact:  - The total cost of this contract is to not exceed $250,000.  - The contract is expected to be fully funded with previously approved FY25 & anticipated   FY26 Parks & Recreation operating funds.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-06-10","mt":"regular","id":"IV-A","ref":"ORD 5142","it":"public_hearing","t":"Ordinance to conditionally zone 215 Glenn Bridge Road","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to  conditionally zone 215 Glenn Bridge Rd from CI Commercial Industrial District to Commercial  Industrial - Conditional Zone (CI-CZ) for the purposes of constructing a 19-unit multi-family  building. This public hearing was advertised on May 30 and June 6, 2025.    Project Location and Contacts:  - The project site consists of one parcel totalling 0.54 acres at 215 Glenn Bridge Rd (PIN  9644-91-0522).  - Owner name: CPT Glenn Bridge LLC    Summary of Petition:   Project Site  - The project site consists of one property totalling 0.54 acres at 215 Glenn Bridge Rd.  - The site is currently zoned Commercial Industrial (CI).  - The project site is vacant with an existing driveway that was the site of a single-family   house as recently as 2023.  - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM), the   site is designated “Industrial/Manufacturing.” A change to the Future Land Use map is not  required.           Overall Project Proposal  - The project proposes a new 3-story, 19-unit, multi-family structure with podium parking.  - Other site improvements include surface parking, sidewalks, and walking paths.  - The project is seeking a conditional zoning for technical modifications to the underlying   Commercial Industrial (CI) district, including a maximum density of 35.2 units/acre  instead of the maximum 8 units/acre.     Access, Sidewalks and Parking  - Vehicular access to the site is proposed by a relocated driveway on Glenn Bridge Rd.  - New sidewalks are proposed as 5’-wide along Glenn Bridge Rd, located at the back of   the curb  - The project proposes 20 surface parking spaces, with 8 of the spaces located underneath   the building.    Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated below.    Consistency with the Comprehensive Plan and Other Plans:  Living Asheville Comprehensive Plan (2018)  - The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including:   - Encourage Responsible Growth - by prioritizing greater densities of  development overall, throughout the city as appropriate.   - Increase and Diversify the Housing Supply - by promoting zoning policies to  encourage more housing.   - Make Streets More Walkable, Comfortable and Connected - by eliminating  gaps in the city-wide sidewalk network..  - The proposed rezoning is compatible with the proposed Future Land Use designation of  \"Industrial/Manufacturing\", which is proposed, in part, that, “Within and in support of  industrial and manufacturing areas there are opportunities to include housing for workers  who may live amongst or adjacent to the industrial site.”.     Compatibility Analysis:  - The proposed multi-family project is compatible with the surrounding land uses, including:  - Multi-family and single-family residential development generally to the north and   south.  - Commercial and light industrial uses generally to the east and west.      Committee(s):  - Technical Review Committee (TRC) - April 7, 2025 - Approved with conditions.  - Planning & Zoning Commission (PZC) - May 7, 2025 - Recommended approval with   conditions (Vote 6:0)                  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the  future land use map. About the site plan, (1) 3-story, 19-unit, multi-family structure with podium  parking; (2) 20 parking spaces with 8 located under building; (3) Relocated driveway on Glenn  Bridge Road; and (4) New 5’-wide sidewalk. A technical modification is maximum density of 35.2  units/acre instead of the 8 unit/acre maximum. He then showed building elevations and  architectural renderings. He said the Technical Review Committee approved the project with  conditions. The Planning & Zoning Commission voted unanimously to approve the project. He  then explained how the project was consistent with the Living Asheville Comprehensive Plan. He  said that staff concurs with the Planning & Zoning Commission and recommends approval of the  proposed conditional zoning.     In response to Councilwoman Roney regarding if there were any commitments to solar  ready, or anything that would prohibit solar energy in the future, Mr. Derek Allen, attorney for the  applicant said the applicant is going to be working with a solar consultant but they will have to  see if that works for the project as they get into the building pieces.     Councilwoman Roney said that she has heard concerns about pervious surfaces and  what can be done for neighborhood resiliency as we build to make sure that stormwater  mitigation is a serious commitment. Mr. Palmquist responded that there is nothing beyond the  requirements for stormwater and grading permits for the project.     In response to Councilwoman Turner, Mr. Palmquist said that he would have to provide  information about any language in the Unified Development Ordinance that would prohibit  developers from doing a pervious surface underneath a podium.     Mayor Manheimer opened the public hearing at 5:35 p.m., and when no one spoke, she  closed the public hearing at 5:35 p.m.    Mayor Manheimer said that members of Council have previously received a copy of the  ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2025-06-10","mt":"regular","id":"J","ref":"RES 25-130 / ORD 5141","it":"resolution","t":"Resolution authorizing the City Manager (consent item J); budget amendment to fund contract","desc":"Background:  - Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene, and a predecessor heavy rain  event.  - The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.  - In responding to this crisis, the City of Asheville entered into emergency contracts to  address the needs of the community when those needs exceeded the capacity of City  staff.  - Under one such contract, the City engaged Hagerty Consulting, Inc., for recovery  management services.  - That contract was ratified by the City Council on November 12, 2024.  - This contract was amended January 28, 2025 for a total amount not to exceed   $5,994,885 for work occurring through June 30,2025 (Fiscal Year 2024-2025).  - Accomplishments from the Fiscal Year 2024-2025 (FY25) contract include but are not   limited to the development of the Community Development Block Grant - Disaster  Recovery (CDBG-DR) Action Plan and associated policies and procedures and oversight  of 842,706 cubic yards of debris removed from the Right of Way (ROW), waterways and  private property.  - This contract amendment will increase the contract by $6,831,140 for work to occur in  Fiscal Year 2025-2026 (FY26) and brings the total to a not to exceed amount of  $12,826,024.  - The contract for FY26 is anticipated to support work to complete debris removal and a  significant increase in infrastructure projects working through the FEMA Public  Assistance program.  - There is no definitive end date for this contract. Staff anticipates bringing contract  amendments to Council as needed but will attempt to limit the amendments to one per  fiscal year.  - The scope of work is intended to be flexible and scalable, allowing the City of Asheville to  activate services as needed based on the specific requirements of each disaster event  - The scope of work includes capacity and support to the City in working with specific  federal agencies to maximize access to direct financial reimbursement, grant support and  technical assistance.  - The federal agencies referenced in the scope of work are: FEMA (Public Assistance,  Individual Assistance, Hazard Mitigation), HUD, and the Federal Highway Administration  (FHWA) and Federal Transit Administration (FTA) disaster recovery programs:  - It is expected that 90% of this expense will be reimbursed by FEMA and CDBG-DR.  Remaining expenses may be eligible for additional revenue sources.  - To date Hagerty Consulting’s support resulted in the obligation of $10.3 million dollars to  the City through the FEMA Public Assistance Program.  - Hagerty Consulting’s support resulted in an approved Action Plan from HUD for the $225  million direct allocation for CDBG-DR.  - Ongoing work will focus on maximizing cost recoverable opportunities and funding  resources to support the City’s infrastructure, housing and economic recovery efforts.      Committee(s): None    Pro(s): Allows the City to continue to act to address an emergency without delay.     Con(s): None, aside from the expenses incurred.    Fiscal Impact:  - This amendment adds $6,831,140 to the contract bringing the total amount not to exceed  $12,826,024. It is expected that the majority of the amended contract (approximately $6.6  million) will be reimbursable through the Federal Emergency Management Agency  (FEMA) Public Assistance Program and Community Development Block Grant -Disaster  Recovery Grant (CDGB-DR). If future costs are deemed ineligible for federal funds or  additional revenue sources are not identified, General Fund fund balance will be utilized if  needed.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-06-10","mt":"regular","id":"V-A","ref":"ORD 5143","it":"ordinance","t":"Ordinance adopting the Fiscal Year 2025-26 Annual Budget","desc":"Mayor Manheimer said that City Council held a public hearing on the budget on May 27,  2025, and no further comments would be accepted.     City Manager Campbell said that the anticipated action tonight will hopefully complete the  budget development process that has been underway for the past 6-9 months. Due to Tropical  Storm Helene, managing this year’s budget and developing next year’s proposed FY 26 budget  has been extremely challenging. But staff and Council preserved and have found a way to  develop a budget that (1) maintains the City’s core services to the community; (2) restores the  Fund Balance in a manner to maintain the City’s strong credit rating; and (3) utilizes one-time  revenue sources, such as Community Development Block Grant-Disaster Recovery grant funds  and Federal Emergency Management Agency dollars to fund the community’s recovery priorities  to enable us to build back better. She also recognized Finance Director Tony McDowell and his  staff for the numerous meetings and hours spent to manage this process and help develop this  budget. She also thanked Department Directors, staff in the City Manager’s Office and each and  every one of our City employees for their cooperation and support. At last, but certainly not least,  she thanked the Mayor and City Council for the many hours they spent in helping and guiding us  through this budget process.     Budget Manager Lindsay Spangler said that this is the consideration(1) Adoption of the  Fiscal Year 2025-26 Annual Budget Ordinance; (2) Recusal of Mayor Manheimer from voting on  the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Economic  Development Coalition); (3) Adoption of a Fiscal Year 2025-26 budget amendment in the amount  of $100,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the  City’s annual contribution to the Economic Development Coalition; (4) Recusal of Councilwoman  Turner from voting on the budget amendment in accordance with N.C. Session Law 2021-191  (S.B. 473) (Sports Commission); and (5) Adoption of a Fiscal Year 2025-26 budget amendment in  the amount of $45,000 in the General Fund to allocate budget from City Manager’s Contingency  to fund the City’s annual contribution to the Sports Commission.    Background:  - The Fiscal Year (FY) 2025-26 Proposed Annual Operating Budget was presented to City  Council on May 13, 2025.  - In accordance with the North Carolina Local Government Budget and Fiscal Control Act,  a summary of the Proposed Budget along with a notice of the Public Hearing was  published on May 16, 2025.  - The Proposed Budget, which totals $256.1 million, is a balanced and fiscally responsible  spending plan that includes:  - Maintaining existing city services at their current levels, including protecting  public safety, supporting public spaces, maintaining cleanliness, preserving  infrastructure, boosting economic development, enhancing water quality, and  more.  - 3.0% compensation increase for all permanent staff on the General Pay Plan  whose salaries are above the median pay of $58,000 and $1,740 flat increase for  those below the median.  - Moving sworn officers in the Police Department to a new pay plan, which  includes compression adjustments and a 3% one-time payment to officers not  receiving a compression adjustment.  - 3% compensation increase for employees on the Fire pay plan, plus funding to  establish a new shift structure for the Fire Department, which will begin a  long-term process of decreasing firefighter hours by adding new staff.  - $5M in one-time revenues from a FEMA Community Disaster Loan to cover  decreased revenue projections after Tropical Storm Helene.  - A property tax rate increase of 3.26 cents to cover compensation adjustments  and maintenance of the city’s fund balance at the recommended rate of 15%.  - A robust capital program which includes Helene recovery projects, General  Obligation Bond projects, and other capital improvements.  - City Council conducted a Public Hearing on the Proposed Budget on May 27, 2025.  - Two adjustments to the Proposed Budget are included in the budget ordinance under   consideration:  - Adding $130,000 to the Street Cut Fund for a vehicle purchase that was not able   to be completed in FY 2025 due to procurement delays. This change is funded  through debt service.  - Based on feedback from Council during the June 5 Agenda Briefing, the  Ordinance includes the addition of $155,000 to hire 3 firefighters as part of the  January 2026 class, as an additional step towards the fourth shift. This change  will be funded with fund balance.  - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to  certain exceptions) from participating in making or administering a contract, including the  award of money, with any nonprofit with which the public official is associated.  - In accordance with this law, funding that was included in the Proposed Budget for the  Economic Development Coalition and the Sports Commission has been moved to City  Manager’s Contingency.  - City Council must take separate actions via budget amendments to allocate funding to  the Economic Development Coalition and the Sports Commission.      Committee(s):  - N/A    Pro(s):  - Ensures City’s compliance with North Carolina General Statutes that require local  governments to adopt a balanced budget ordinance by July 1 of each year.  - General Fund and Enterprise Fund budgets are balanced for ongoing operating  expenses, and all essential City services are continued.     Con(s):  - None     Fiscal Impact:  - As noted above, the FY 2025-26 General Fund budget is balanced and recommends a  property tax rate of $0.4419 per $100 of assessed valuation, representing an increase of  $0.0326 cents.    Ms. Spangler said the following are the key takeaways from his presentation: (1) City  Council received public comment on the Fiscal Year (FY) 2025-26 Proposed Budget on May 27th         and is scheduled vote on the Budget at tonight’s meeting; (2) The Proposed Budget is balanced  with a 3.26 cent property tax rate increase to fund continuing current operations, employee  compensation adjustments, and to maintain 15% fund balance and a strong credit rating; and (3)  At the agenda briefing last week, Council expressed support to add 3 firefighters to the January  2026 academy. The Proposed Budget has been adjusted to reflect utilizing fund balance for this  additional cost of $155K, bringing the unassigned fund balance estimate to 14.9%.     The FY 2026 budget process key themes include (1) The Budget will continue to provide  funding to maintain the City’s core services; (2) The Budget will minimize cost increases to  residents and businesses as we recover from Hurricane Helene; (3) The City will look to one-time  revenue sources, such as CDBG-DR and FEMA, to fund the community’s recovery priorities; and  (4) The Budget will be developed in a fiscally responsible way in order to maintain the City’s  financial metrics and strong credit ratings.     General Fund cost increases are (1) Due to financial constraints after Tropical Storm  Helene, departments were instructed not to request additional funding or positions - No new  City-funded positions are included in the Proposed Budget; and (2) The Proposed Budget  includes unavoidable cost increases associated with continuing existing operations - Major  increases are health care and state retirement.     Budget balancing strategies include (1) $5.0M in budget reductions were made to close  the gap between revenues and expenses; (2) Staff utilized fund balance in the Street Cut Fund to  provide one-time revenue to the General Fund; (3) Staff also utilized fund balance in the Transit  Fund to balance that budget and avoid an increase in General Fund support; and (4) The  Proposed Budget includes $5M loan from the FEMA Community Disaster Loan program as  one-time revenue.     Some examples of ongoing investments in FY 2026 Council properties are (1) People -  Develop Services rapid response team; Asheville Recovers website and capital dashboards;  Neighborhood Matching grants; Continued support for reparations; and Continuation of joint  City/County Property Tax Mitigation Program; (2) Economy - City planning updates; Security and  cleanliness in public spaces; Business recruitment efforts; and Downtown Business Improvement  District; (3) Infrastructure & Environment - Capital funding to maintain City infrastructure, including  $80 Million in General Obligation (GO) Bonds; Water system improvements; Storm debris  management; and Park Maintenance Facility replacement; (4) Housing - Land Use Incentive  Grants; Management of Community Development Block Grant - Disaster Recovery funds;  Support of Continuum of Care priorities; Code Purple and winter sheltering; and Housing Trust  Fund (GO Bond & Public Benefits).     Proposed compensation adjustments are (1) General Pay Plans 3% Hybrid: 3.0%  increase for all staff whose salaries are above the median pay of $58,000 and $1,740 flat  increase for those below the median; (2) Police Pay Plan: Transition to a new pay structure,  including adjustments to avoid compression. Officers not receiving a compression adjustment will  receive a one-time amount equivalent to 3.0%; (3) Fire Pay Plan: 3.0% increase for employees  on the Fire pay plan. Note: (a) During last year’s budget cycle, firefighters received a flat dollar  increase of $4,053 for beginning on-shift Firefighters, which increased the lowest paid on-shift  Firefighter by 8.8%; and (b) Employees on the Police Pay Plan received a 6.0% increase and  employees on the General Pay Plans received an increase of $2,400 or 4.11% whichever was  greater, which increased the lowest paid employee pay by 6.3%; and (4) Fire Department 4th  Shift: (a) $205K included for firefighter promotions, which will put supervisory structure in place  for a 4th shift; (b) First step in a long-term plan that will eventually lead to firefighters working 42  hours per week instead of 56 by adding additional firefighters; with the exact number to be  determined after further study; (c) Proposed budget does not recommend adding new firefighters         next year but it recommends putting the structure in place; and (d) Future Councils and staff will  determine the pace of implementation based on available resources.     The following is the proposed property tax rate increase chart:        Tax Rate Increase   Average  Homeowner   Impact (Annual)   Average  Homeowner Impact   (Monthly)  - Continue existing operations  - 3% Hybrid Comp. Adjustment  - New APD Pay Plan  - AFD 4th Shift Promotions  - Maintain 15% Fund Balance   3.26 cents $114 $9.51     Assumes average residential tax value of $350,000 and every 1-cent tax rate increase generates  $2.0M.     The Enterprise Funds summary is (1) Water: $2.4M increase from fee adjustments to  fund maintenance of the water system; (2) Parking: $1M decrease in capital projects based on  revenue projections; and (2) Transit: $900K in available fund balance for increased operating  costs.     The following is the 2026-30 proposed General Fund Capital Improvement Program  (CIP):        FY26 FY27 FY28 FY29 FY30   Facility Maintenance $ 12.60M $ 1.50M $ 6.64M $ 9.50M $ 3.90M   Fleet & Equipment $ 9.78M $ 7.84M $ 7.95M $ 8.17M $ 8.30M   Greenways $ 0.00M $ 0.38M $ 6.00M $ 0.00M $ 5.50M   Recreation & Entertainment Facilities $ 0.44M $ 2.09M $ 9.57M $ 2.19M $ 7.09M   Streets & Sidewalks $ 3.73M $ 21.00M $ 2.27M $ 11.09M $ 2.50M   Total $ 26.55M $ 32.81M $ 32.43M $ 30.95M $ 27.29M     Note: This chart does not include projects funded with the 2024 General Obligation Bonds or  federal Helene recovery projects.     Since the budget was presented, the following are updates: (1) General Fund Increase -  3 Additional Firefighters - (A) Budget Addition: Hire 3 additional Firefighter Trainees as part of the  January 2026 training class; (B) Cost: Adding 3 FF Trainees in January 2026 costs $155k in FY  2025-26 for salaries and equipment. Future year costs will be approximately $248k annually; and         (C) Funding Strategy: Fund balance will be utilized to cover the first year cost. Future year costs  will be considered in future budget and tax rate discussions. The pro is - Allows Council to further  demonstrate its commitment to the AFD 4th shift structure by beginning to add firefighters next  fiscal year. Cons are (1) Could potentially lower unassigned fund balance in the General Fund to  slightly under the 15.0% policy target (Current estimate is that it would be 14.9%); (2) However, a  majority of Council are comfortable with this very minor reduction; and (3) Fund balance is a  one-time revenue source so if additional revenue does not become available, property tax rate  increases or other budget reductions might be required in future years; and (2) Street Cut Fund  Adjustment - (A) $130K has been added to the FY26 Street Cut Fund budget for a vehicle  purchase, funded with debt service that is paid by the street cut program participants; (B) The  vehicle was scheduled to be purchased in FY25 but due to procurement delays, the purchase will  not be completed until FY26; and (C) this is a technical adjustment that will allow the FY25 funds  to be re-budgeted in FY26.     The following is the proposed budget summary (June 10):       FY25   Adopted  FY26   Proposed   Change   $ %   General Fund $ 179.71M $ 182.82M $ 3.11M 1.7%   Water Resources $ 47.14M $ 49.45M $ 2.30M 4.7%   Transit Services $ 14.55M $ 15.23M $ 0.68M 4.5%   Stormwater $ 8.84M $ 9.32M $ 0.48M 5.2%   Parking Services $ 8.17M $ 7.14M -$ 1.02M -14.3%   Harrah’s Center $ 6.15M $ 6.09M -$ 0.06M -1.0%   Street Cut Utility $ 2.91M $ 4.16M $ 1.25M 30.0%   Total $ 267.47M $ 274.20M $ 6.73M 2.5%   Interfund Transactions -$ 16.59M -$ 17.84M -$ 1.25M 7.0%   Net Budget $ 250.88M $ 256.36M $ 5.49M 2.1%        Councilwoman Roney said we won’t achieve economic recovery without workers and  their families, and there is a desperate need for more rental assistance. When she asked if when  the fiscal year renews, are we anticipating the regular Community Development Block Grant  (CDBG) funds could include rental assistance. Finance Director Tony McDowell said that he  would have to follow-up on that; however, the CDBG Action Plan will be coming to Council for  action in the very near future.     Councilwoman Roney appreciated “my colleagues joining me in the small but mighty,  symbolic step to funding three of the 14 first-phase positions for a 4th shift staff as studied by  AFD, designed to reduce the 832 additional hours every year that our fire fighters are scheduled  beyond the 40-hour work week. They got us through a geological disaster and we need to retain         them. While the fire department stands to make the least pay increases of any department in this  budget cycle, good faith efforts towards a 4th shift is a key retention strategy and becoming an  industry standard. This budget includes our commitments to community values by continuing  funding for Sustainability, Reparations, staffing of the Human Relations, Anti-Discrimination  and Compliance Department and more. By continuing the community-led strategy of providing  a flat rate raise to staff making below the median income in City hall, we’re bringing 67 City  employees up to $23.15-hr living wages of 151 employees who are currently below living wage.  I am deeply concerned about a property tax increase after the natural disaster of Helene, which  disproportionately impacts residential and commercial renters and legacy neighborhoods.  Unfortunately the General Assembly hasn’t taken action yet on recovery funding: the need for  revenue loss replacement for cities is here, the state has funding, but their action has been  delayed and that puts cities recovering from Helene including Asheville in the terrible situation of  raising taxes to maintain public services. We also need a serious plan for strategic partnership  funds, which has been cut to $0 in this budget cycle. There were crises and disparities in our  community that pre-dated Helene, and I’m not okay with leaving partners working with our  vulnerable youth with yet another funding loss. We need to return this funding at the soonest  opportunity this year. Lastly, I’m heart-sick and embarrassed for our organization that  $1.3-million of this budget hinged in part on what I consider to be a dirty, short-sighted deal with  energy monopoly Duke energy, giving away what appears to be a last, serious lever to negotiate  agreements like renewable energy commitments and getting power poles out of our sidewalks. I  expect some disappointment in my vote tonight. I trust the limitation of yes and no reflects my  commitment to what is fought for in this budget in the aftermath of Helene, a need for more  creativity and community organizing, and my commitment to continue fighting for budgets, plans,  and policies that reflect the values of our community.”     Councilman Hess said “Tonight, we may pass a budget in the wake of one of the worst  natural disasters in North Carolina history. This was my first budget season as one of your  Council members. I’ve approached this process methodically, listening and learning with one  mission: to deliver for all the people of Asheville with a budget that kept all of our services in  place and provided a much needed pay raise for our city employees who have tirelessly worked  day in and day out and have taken on extra recovery work since the storm. It wasn’t easy. Staff  and council spent hours in meetings — wrestling with numbers, asking hard questions, debating  values and tradeoffs. And I want to thank our city staff and my colleagues for showing up, again  and again, with dedication and grace. But out of that difficulty came something worth being proud  of. We reduced this budget by over $5 million without eliminating a single position. We  preserved every city service, kept our reparations fund intact, and continued support for strategic  community partnerships. We even have money for litter and syringe clean up as well and funding  our asheville FireFighter REST program. Resource extensive support team. We raised pay for  our frontline workers — including a new pay plan for Asheville Police and an innovative fourth  shift for firefighters, positioning us as a regional leader in firefighter pay and wellness. And we did  all of this while navigating one of the most difficult financial moments in our city’s recent history.  Now the difficult part: this budget includes a tax increase. I hear from folks that even a small  increase is no small matter — especially for those on fixed incomes, renters, small business  owners, and working families already stretched thin. As I saw it, to be fiscally responsible we did  not have many options that did not put our long term financial health at risk. Also importantly, the  State of North Carolina has not yet provided revenue replacement for cities like ours devastated  by Helene. Without that support, and with very limited tools to generate income, we faced this  reality: either raise the revenue we need — or cut the very services and staff our city depends on.  And I wasn’t willing to do that. The city has in place multiple tax relief programs for those who  qualify. And should the state legislature finally act to provide storm-related aid, we are ready to  amend this budget and adjust the tax rate. Tonight, I’m content with what we’ve done — and I  also know the work is far from over. We will continue fighting for revenue replacement. We will  continue listening to our neighbors and ensuring every voice is heard — not just those who shout         the loudest. This city is special — not just because of its mountains and music, comedy, but  because of its people. We love Asheville. We fight for it. And we show up — rain or shine, storm  or budget season. Also to every resident who called, emailed, came to City Hall, or met with me  in person — thank you. I’m honored to listen. Your voice matters. And this budget — as difficult as  it was —I hope reflects that.”     Councilwoman Ullman was concerned about unemployment and any tax increase is  painful for a lot of people. When you look at the bulk of what the tax increase goes to, it goes to  two things - (1) our Fund Balance to make it whole so that we can continue borrowing money to  repair our community and re-build the community we need; and (2) to give our public servants  raises - who we relied on to save our lives during the storm.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2025-06-10","mt":"regular","id":"V-A-ORD5144","ref":"ORD 5144","it":"ordinance","t":"Fiscal Year 2025-26 budget amendment for the City's annual contribution to the Economic Development Coalition","desc":"Mayor Manheimer said that City Council held a public hearing on the budget on May 27,  2025, and no further comments would be accepted.     City Manager Campbell said that the anticipated action tonight will hopefully complete the  budget development process that has been underway for the past 6-9 months. Due to Tropical  Storm Helene, managing this year’s budget and developing next year’s proposed FY 26 budget  has been extremely challenging. But staff and Council preserved and have found a way to  develop a budget that (1) maintains the City’s core services to the community; (2) restores the  Fund Balance in a manner to maintain the City’s strong credit rating; and (3) utilizes one-time  revenue sources, such as Community Development Block Grant-Disaster Recovery grant funds  and Federal Emergency Management Agency dollars to fund the community’s recovery priorities  to enable us to build back better. She also recognized Finance Director Tony McDowell and his  staff for the numerous meetings and hours spent to manage this process and help develop this  budget. She also thanked Department Directors, staff in the City Manager’s Office and each and  every one of our City employees for their cooperation and support. At last, but certainly not least,  she thanked the Mayor and City Council for the many hours they spent in helping and guiding us  through this budget process.     Budget Manager Lindsay Spangler said that this is the consideration(1) Adoption of the  Fiscal Year 2025-26 Annual Budget Ordinance; (2) Recusal of Mayor Manheimer from voting on  the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Economic  Development Coalition); (3) Adoption of a Fiscal Year 2025-26 budget amendment in the amount  of $100,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the  City’s annual contribution to the Economic Development Coalition; (4) Recusal of Councilwoman  Turner from voting on the budget amendment in accordance with N.C. Session Law 2021-191  (S.B. 473) (Sports Commission); and (5) Adoption of a Fiscal Year 2025-26 budget amendment in  the amount of $45,000 in the General Fund to allocate budget from City Manager’s Contingency  to fund the City’s annual contribution to the Sports Commission.    Background:  - The Fiscal Year (FY) 2025-26 Proposed Annual Operating Budget was presented to City  Council on May 13, 2025.  - In accordance with the North Carolina Local Government Budget and Fiscal Control Act,  a summary of the Proposed Budget along with a notice of the Public Hearing was  published on May 16, 2025.  - The Proposed Budget, which totals $256.1 million, is a balanced and fiscally responsible  spending plan that includes:  - Maintaining existing city services at their current levels, including protecting  public safety, supporting public spaces, maintaining cleanliness, preserving  infrastructure, boosting economic development, enhancing water quality, and  more.  - 3.0% compensation increase for all permanent staff on the General Pay Plan  whose salaries are above the median pay of $58,000 and $1,740 flat increase for  those below the median.  - Moving sworn officers in the Police Department to a new pay plan, which  includes compression adjustments and a 3% one-time payment to officers not  receiving a compression adjustment.  - 3% compensation increase for employees on the Fire pay plan, plus funding to  establish a new shift structure for the Fire Department, which will begin a  long-term process of decreasing firefighter hours by adding new staff.  - $5M in one-time revenues from a FEMA Community Disaster Loan to cover  decreased revenue projections after Tropical Storm Helene.  - A property tax rate increase of 3.26 cents to cover compensation adjustments  and maintenance of the city’s fund balance at the recommended rate of 15%.  - A robust capital program which includes Helene recovery projects, General  Obligation Bond projects, and other capital improvements.  - City Council conducted a Public Hearing on the Proposed Budget on May 27, 2025.  - Two adjustments to the Proposed Budget are included in the budget ordinance under   consideration:  - Adding $130,000 to the Street Cut Fund for a vehicle purchase that was not able   to be completed in FY 2025 due to procurement delays. This change is funded  through debt service.  - Based on feedback from Council during the June 5 Agenda Briefing, the  Ordinance includes the addition of $155,000 to hire 3 firefighters as part of the  January 2026 class, as an additional step towards the fourth shift. This change  will be funded with fund balance.  - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to  certain exceptions) from participating in making or administering a contract, including the  award of money, with any nonprofit with which the public official is associated.  - In accordance with this law, funding that was included in the Proposed Budget for the  Economic Development Coalition and the Sports Commission has been moved to City  Manager’s Contingency.  - City Council must take separate actions via budget amendments to allocate funding to  the Economic Development Coalition and the Sports Commission.      Committee(s):  - N/A    Pro(s):  - Ensures City’s compliance with North Carolina General Statutes that require local  governments to adopt a balanced budget ordinance by July 1 of each year.  - General Fund and Enterprise Fund budgets are balanced for ongoing operating  expenses, and all essential City services are continued.     Con(s):  - None     Fiscal Impact:  - As noted above, the FY 2025-26 General Fund budget is balanced and recommends a  property tax rate of $0.4419 per $100 of assessed valuation, representing an increase of  $0.0326 cents.    Ms. Spangler said the following are the key takeaways from his presentation: (1) City  Council received public comment on the Fiscal Year (FY) 2025-26 Proposed Budget on May 27th         and is scheduled vote on the Budget at tonight’s meeting; (2) The Proposed Budget is balanced  with a 3.26 cent property tax rate increase to fund continuing current operations, employee  compensation adjustments, and to maintain 15% fund balance and a strong credit rating; and (3)  At the agenda briefing last week, Council expressed support to add 3 firefighters to the January  2026 academy. The Proposed Budget has been adjusted to reflect utilizing fund balance for this  additional cost of $155K, bringing the unassigned fund balance estimate to 14.9%.     The FY 2026 budget process key themes include (1) The Budget will continue to provide  funding to maintain the City’s core services; (2) The Budget will minimize cost increases to  residents and businesses as we recover from Hurricane Helene; (3) The City will look to one-time  revenue sources, such as CDBG-DR and FEMA, to fund the community’s recovery priorities; and  (4) The Budget will be developed in a fiscally responsible way in order to maintain the City’s  financial metrics and strong credit ratings.     General Fund cost increases are (1) Due to financial constraints after Tropical Storm  Helene, departments were instructed not to request additional funding or positions - No new  City-funded positions are included in the Proposed Budget; and (2) The Proposed Budget  includes unavoidable cost increases associated with continuing existing operations - Major  increases are health care and state retirement.     Budget balancing strategies include (1) $5.0M in budget reductions were made to close  the gap between revenues and expenses; (2) Staff utilized fund balance in the Street Cut Fund to  provide one-time revenue to the General Fund; (3) Staff also utilized fund balance in the Transit  Fund to balance that budget and avoid an increase in General Fund support; and (4) The  Proposed Budget includes $5M loan from the FEMA Community Disaster Loan program as  one-time revenue.     Some examples of ongoing investments in FY 2026 Council properties are (1) People -  Develop Services rapid response team; Asheville Recovers website and capital dashboards;  Neighborhood Matching grants; Continued support for reparations; and Continuation of joint  City/County Property Tax Mitigation Program; (2) Economy - City planning updates; Security and  cleanliness in public spaces; Business recruitment efforts; and Downtown Business Improvement  District; (3) Infrastructure & Environment - Capital funding to maintain City infrastructure, including  $80 Million in General Obligation (GO) Bonds; Water system improvements; Storm debris  management; and Park Maintenance Facility replacement; (4) Housing - Land Use Incentive  Grants; Management of Community Development Block Grant - Disaster Recovery funds;  Support of Continuum of Care priorities; Code Purple and winter sheltering; and Housing Trust  Fund (GO Bond & Public Benefits).     Proposed compensation adjustments are (1) General Pay Plans 3% Hybrid: 3.0%  increase for all staff whose salaries are above the median pay of $58,000 and $1,740 flat  increase for those below the median; (2) Police Pay Plan: Transition to a new pay structure,  including adjustments to avoid compression. Officers not receiving a compression adjustment will  receive a one-time amount equivalent to 3.0%; (3) Fire Pay Plan: 3.0% increase for employees  on the Fire pay plan. Note: (a) During last year’s budget cycle, firefighters received a flat dollar  increase of $4,053 for beginning on-shift Firefighters, which increased the lowest paid on-shift  Firefighter by 8.8%; and (b) Employees on the Police Pay Plan received a 6.0% increase and  employees on the General Pay Plans received an increase of $2,400 or 4.11% whichever was  greater, which increased the lowest paid employee pay by 6.3%; and (4) Fire Department 4th  Shift: (a) $205K included for firefighter promotions, which will put supervisory structure in place  for a 4th shift; (b) First step in a long-term plan that will eventually lead to firefighters working 42  hours per week instead of 56 by adding additional firefighters; with the exact number to be  determined after further study; (c) Proposed budget does not recommend adding new firefighters         next year but it recommends putting the structure in place; and (d) Future Councils and staff will  determine the pace of implementation based on available resources.     The following is the proposed property tax rate increase chart:        Tax Rate Increase   Average  Homeowner   Impact (Annual)   Average  Homeowner Impact   (Monthly)  - Continue existing operations  - 3% Hybrid Comp. Adjustment  - New APD Pay Plan  - AFD 4th Shift Promotions  - Maintain 15% Fund Balance   3.26 cents $114 $9.51     Assumes average residential tax value of $350,000 and every 1-cent tax rate increase generates  $2.0M.     The Enterprise Funds summary is (1) Water: $2.4M increase from fee adjustments to  fund maintenance of the water system; (2) Parking: $1M decrease in capital projects based on  revenue projections; and (2) Transit: $900K in available fund balance for increased operating  costs.     The following is the 2026-30 proposed General Fund Capital Improvement Program  (CIP):        FY26 FY27 FY28 FY29 FY30   Facility Maintenance $ 12.60M $ 1.50M $ 6.64M $ 9.50M $ 3.90M   Fleet & Equipment $ 9.78M $ 7.84M $ 7.95M $ 8.17M $ 8.30M   Greenways $ 0.00M $ 0.38M $ 6.00M $ 0.00M $ 5.50M   Recreation & Entertainment Facilities $ 0.44M $ 2.09M $ 9.57M $ 2.19M $ 7.09M   Streets & Sidewalks $ 3.73M $ 21.00M $ 2.27M $ 11.09M $ 2.50M   Total $ 26.55M $ 32.81M $ 32.43M $ 30.95M $ 27.29M     Note: This chart does not include projects funded with the 2024 General Obligation Bonds or  federal Helene recovery projects.     Since the budget was presented, the following are updates: (1) General Fund Increase -  3 Additional Firefighters - (A) Budget Addition: Hire 3 additional Firefighter Trainees as part of the  January 2026 training class; (B) Cost: Adding 3 FF Trainees in January 2026 costs $155k in FY  2025-26 for salaries and equipment. Future year costs will be approximately $248k annually; and         (C) Funding Strategy: Fund balance will be utilized to cover the first year cost. Future year costs  will be considered in future budget and tax rate discussions. The pro is - Allows Council to further  demonstrate its commitment to the AFD 4th shift structure by beginning to add firefighters next  fiscal year. Cons are (1) Could potentially lower unassigned fund balance in the General Fund to  slightly under the 15.0% policy target (Current estimate is that it would be 14.9%); (2) However, a  majority of Council are comfortable with this very minor reduction; and (3) Fund balance is a  one-time revenue source so if additional revenue does not become available, property tax rate  increases or other budget reductions might be required in future years; and (2) Street Cut Fund  Adjustment - (A) $130K has been added to the FY26 Street Cut Fund budget for a vehicle  purchase, funded with debt service that is paid by the street cut program participants; (B) The  vehicle was scheduled to be purchased in FY25 but due to procurement delays, the purchase will  not be completed until FY26; and (C) this is a technical adjustment that will allow the FY25 funds  to be re-budgeted in FY26.     The following is the proposed budget summary (June 10):       FY25   Adopted  FY26   Proposed   Change   $ %   General Fund $ 179.71M $ 182.82M $ 3.11M 1.7%   Water Resources $ 47.14M $ 49.45M $ 2.30M 4.7%   Transit Services $ 14.55M $ 15.23M $ 0.68M 4.5%   Stormwater $ 8.84M $ 9.32M $ 0.48M 5.2%   Parking Services $ 8.17M $ 7.14M -$ 1.02M -14.3%   Harrah’s Center $ 6.15M $ 6.09M -$ 0.06M -1.0%   Street Cut Utility $ 2.91M $ 4.16M $ 1.25M 30.0%   Total $ 267.47M $ 274.20M $ 6.73M 2.5%   Interfund Transactions -$ 16.59M -$ 17.84M -$ 1.25M 7.0%   Net Budget $ 250.88M $ 256.36M $ 5.49M 2.1%        Councilwoman Roney said we won’t achieve economic recovery without workers and  their families, and there is a desperate need for more rental assistance. When she asked if when  the fiscal year renews, are we anticipating the regular Community Development Block Grant  (CDBG) funds could include rental assistance. Finance Director Tony McDowell said that he  would have to follow-up on that; however, the CDBG Action Plan will be coming to Council for  action in the very near future.     Councilwoman Roney appreciated “my colleagues joining me in the small but mighty,  symbolic step to funding three of the 14 first-phase positions for a 4th shift staff as studied by  AFD, designed to reduce the 832 additional hours every year that our fire fighters are scheduled  beyond the 40-hour work week. They got us through a geological disaster and we need to retain         them. While the fire department stands to make the least pay increases of any department in this  budget cycle, good faith efforts towards a 4th shift is a key retention strategy and becoming an  industry standard. This budget includes our commitments to community values by continuing  funding for Sustainability, Reparations, staffing of the Human Relations, Anti-Discrimination  and Compliance Department and more. By continuing the community-led strategy of providing  a flat rate raise to staff making below the median income in City hall, we’re bringing 67 City  employees up to $23.15-hr living wages of 151 employees who are currently below living wage.  I am deeply concerned about a property tax increase after the natural disaster of Helene, which  disproportionately impacts residential and commercial renters and legacy neighborhoods.  Unfortunately the General Assembly hasn’t taken action yet on recovery funding: the need for  revenue loss replacement for cities is here, the state has funding, but their action has been  delayed and that puts cities recovering from Helene including Asheville in the terrible situation of  raising taxes to maintain public services. We also need a serious plan for strategic partnership  funds, which has been cut to $0 in this budget cycle. There were crises and disparities in our  community that pre-dated Helene, and I’m not okay with leaving partners working with our  vulnerable youth with yet another funding loss. We need to return this funding at the soonest  opportunity this year. Lastly, I’m heart-sick and embarrassed for our organization that  $1.3-million of this budget hinged in part on what I consider to be a dirty, short-sighted deal with  energy monopoly Duke energy, giving away what appears to be a last, serious lever to negotiate  agreements like renewable energy commitments and getting power poles out of our sidewalks. I  expect some disappointment in my vote tonight. I trust the limitation of yes and no reflects my  commitment to what is fought for in this budget in the aftermath of Helene, a need for more  creativity and community organizing, and my commitment to continue fighting for budgets, plans,  and policies that reflect the values of our community.”     Councilman Hess said “Tonight, we may pass a budget in the wake of one of the worst  natural disasters in North Carolina history. This was my first budget season as one of your  Council members. I’ve approached this process methodically, listening and learning with one  mission: to deliver for all the people of Asheville with a budget that kept all of our services in  place and provided a much needed pay raise for our city employees who have tirelessly worked  day in and day out and have taken on extra recovery work since the storm. It wasn’t easy. Staff  and council spent hours in meetings — wrestling with numbers, asking hard questions, debating  values and tradeoffs. And I want to thank our city staff and my colleagues for showing up, again  and again, with dedication and grace. But out of that difficulty came something worth being proud  of. We reduced this budget by over $5 million without eliminating a single position. We  preserved every city service, kept our reparations fund intact, and continued support for strategic  community partnerships. We even have money for litter and syringe clean up as well and funding  our asheville FireFighter REST program. Resource extensive support team. We raised pay for  our frontline workers — including a new pay plan for Asheville Police and an innovative fourth  shift for firefighters, positioning us as a regional leader in firefighter pay and wellness. And we did  all of this while navigating one of the most difficult financial moments in our city’s recent history.  Now the difficult part: this budget includes a tax increase. I hear from folks that even a small  increase is no small matter — especially for those on fixed incomes, renters, small business  owners, and working families already stretched thin. As I saw it, to be fiscally responsible we did  not have many options that did not put our long term financial health at risk. Also importantly, the  State of North Carolina has not yet provided revenue replacement for cities like ours devastated  by Helene. Without that support, and with very limited tools to generate income, we faced this  reality: either raise the revenue we need — or cut the very services and staff our city depends on.  And I wasn’t willing to do that. The city has in place multiple tax relief programs for those who  qualify. And should the state legislature finally act to provide storm-related aid, we are ready to  amend this budget and adjust the tax rate. Tonight, I’m content with what we’ve done — and I  also know the work is far from over. We will continue fighting for revenue replacement. We will  continue listening to our neighbors and ensuring every voice is heard — not just those who shout         the loudest. This city is special — not just because of its mountains and music, comedy, but  because of its people. We love Asheville. We fight for it. And we show up — rain or shine, storm  or budget season. Also to every resident who called, emailed, came to City Hall, or met with me  in person — thank you. I’m honored to listen. Your voice matters. And this budget — as difficult as  it was —I hope reflects that.”     Councilwoman Ullman was concerned about unemployment and any tax increase is  painful for a lot of people. When you look at the bulk of what the tax increase goes to, it goes to  two things - (1) our Fund Balance to make it whole so that we can continue borrowing money to  repair our community and re-build the community we need; and (2) to give our public servants  raises - who we relied on to save our lives during the storm.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Turner","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2025-06-10","mt":"regular","id":"V-A-ORD5145","ref":"ORD 5145","it":"ordinance","t":"Fiscal Year 2025-26 budget amendment to fund the City's annual contribution to the Sports Commission","desc":"Mayor Manheimer said that City Council held a public hearing on the budget on May 27,  2025, and no further comments would be accepted.     City Manager Campbell said that the anticipated action tonight will hopefully complete the  budget development process that has been underway for the past 6-9 months. Due to Tropical  Storm Helene, managing this year’s budget and developing next year’s proposed FY 26 budget  has been extremely challenging. But staff and Council preserved and have found a way to  develop a budget that (1) maintains the City’s core services to the community; (2) restores the  Fund Balance in a manner to maintain the City’s strong credit rating; and (3) utilizes one-time  revenue sources, such as Community Development Block Grant-Disaster Recovery grant funds  and Federal Emergency Management Agency dollars to fund the community’s recovery priorities  to enable us to build back better. She also recognized Finance Director Tony McDowell and his  staff for the numerous meetings and hours spent to manage this process and help develop this  budget. She also thanked Department Directors, staff in the City Manager’s Office and each and  every one of our City employees for their cooperation and support. At last, but certainly not least,  she thanked the Mayor and City Council for the many hours they spent in helping and guiding us  through this budget process.     Budget Manager Lindsay Spangler said that this is the consideration(1) Adoption of the  Fiscal Year 2025-26 Annual Budget Ordinance; (2) Recusal of Mayor Manheimer from voting on  the budget amendment in accordance with N.C. Session Law 2021-191 (S.B. 473) (Economic  Development Coalition); (3) Adoption of a Fiscal Year 2025-26 budget amendment in the amount  of $100,000 in the General Fund to allocate budget from City Manager’s Contingency to fund the  City’s annual contribution to the Economic Development Coalition; (4) Recusal of Councilwoman  Turner from voting on the budget amendment in accordance with N.C. Session Law 2021-191  (S.B. 473) (Sports Commission); and (5) Adoption of a Fiscal Year 2025-26 budget amendment in  the amount of $45,000 in the General Fund to allocate budget from City Manager’s Contingency  to fund the City’s annual contribution to the Sports Commission.    Background:  - The Fiscal Year (FY) 2025-26 Proposed Annual Operating Budget was presented to City  Council on May 13, 2025.  - In accordance with the North Carolina Local Government Budget and Fiscal Control Act,  a summary of the Proposed Budget along with a notice of the Public Hearing was  published on May 16, 2025.  - The Proposed Budget, which totals $256.1 million, is a balanced and fiscally responsible  spending plan that includes:  - Maintaining existing city services at their current levels, including protecting  public safety, supporting public spaces, maintaining cleanliness, preserving  infrastructure, boosting economic development, enhancing water quality, and  more.  - 3.0% compensation increase for all permanent staff on the General Pay Plan  whose salaries are above the median pay of $58,000 and $1,740 flat increase for  those below the median.  - Moving sworn officers in the Police Department to a new pay plan, which  includes compression adjustments and a 3% one-time payment to officers not  receiving a compression adjustment.  - 3% compensation increase for employees on the Fire pay plan, plus funding to  establish a new shift structure for the Fire Department, which will begin a  long-term process of decreasing firefighter hours by adding new staff.  - $5M in one-time revenues from a FEMA Community Disaster Loan to cover  decreased revenue projections after Tropical Storm Helene.  - A property tax rate increase of 3.26 cents to cover compensation adjustments  and maintenance of the city’s fund balance at the recommended rate of 15%.  - A robust capital program which includes Helene recovery projects, General  Obligation Bond projects, and other capital improvements.  - City Council conducted a Public Hearing on the Proposed Budget on May 27, 2025.  - Two adjustments to the Proposed Budget are included in the budget ordinance under   consideration:  - Adding $130,000 to the Street Cut Fund for a vehicle purchase that was not able   to be completed in FY 2025 due to procurement delays. This change is funded  through debt service.  - Based on feedback from Council during the June 5 Agenda Briefing, the  Ordinance includes the addition of $155,000 to hire 3 firefighters as part of the  January 2026 class, as an additional step towards the fourth shift. This change  will be funded with fund balance.  - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to  certain exceptions) from participating in making or administering a contract, including the  award of money, with any nonprofit with which the public official is associated.  - In accordance with this law, funding that was included in the Proposed Budget for the  Economic Development Coalition and the Sports Commission has been moved to City  Manager’s Contingency.  - City Council must take separate actions via budget amendments to allocate funding to  the Economic Development Coalition and the Sports Commission.      Committee(s):  - N/A    Pro(s):  - Ensures City’s compliance with North Carolina General Statutes that require local  governments to adopt a balanced budget ordinance by July 1 of each year.  - General Fund and Enterprise Fund budgets are balanced for ongoing operating  expenses, and all essential City services are continued.     Con(s):  - None     Fiscal Impact:  - As noted above, the FY 2025-26 General Fund budget is balanced and recommends a  property tax rate of $0.4419 per $100 of assessed valuation, representing an increase of  $0.0326 cents.    Ms. Spangler said the following are the key takeaways from his presentation: (1) City  Council received public comment on the Fiscal Year (FY) 2025-26 Proposed Budget on May 27th         and is scheduled vote on the Budget at tonight’s meeting; (2) The Proposed Budget is balanced  with a 3.26 cent property tax rate increase to fund continuing current operations, employee  compensation adjustments, and to maintain 15% fund balance and a strong credit rating; and (3)  At the agenda briefing last week, Council expressed support to add 3 firefighters to the January  2026 academy. The Proposed Budget has been adjusted to reflect utilizing fund balance for this  additional cost of $155K, bringing the unassigned fund balance estimate to 14.9%.     The FY 2026 budget process key themes include (1) The Budget will continue to provide  funding to maintain the City’s core services; (2) The Budget will minimize cost increases to  residents and businesses as we recover from Hurricane Helene; (3) The City will look to one-time  revenue sources, such as CDBG-DR and FEMA, to fund the community’s recovery priorities; and  (4) The Budget will be developed in a fiscally responsible way in order to maintain the City’s  financial metrics and strong credit ratings.     General Fund cost increases are (1) Due to financial constraints after Tropical Storm  Helene, departments were instructed not to request additional funding or positions - No new  City-funded positions are included in the Proposed Budget; and (2) The Proposed Budget  includes unavoidable cost increases associated with continuing existing operations - Major  increases are health care and state retirement.     Budget balancing strategies include (1) $5.0M in budget reductions were made to close  the gap between revenues and expenses; (2) Staff utilized fund balance in the Street Cut Fund to  provide one-time revenue to the General Fund; (3) Staff also utilized fund balance in the Transit  Fund to balance that budget and avoid an increase in General Fund support; and (4) The  Proposed Budget includes $5M loan from the FEMA Community Disaster Loan program as  one-time revenue.     Some examples of ongoing investments in FY 2026 Council properties are (1) People -  Develop Services rapid response team; Asheville Recovers website and capital dashboards;  Neighborhood Matching grants; Continued support for reparations; and Continuation of joint  City/County Property Tax Mitigation Program; (2) Economy - City planning updates; Security and  cleanliness in public spaces; Business recruitment efforts; and Downtown Business Improvement  District; (3) Infrastructure & Environment - Capital funding to maintain City infrastructure, including  $80 Million in General Obligation (GO) Bonds; Water system improvements; Storm debris  management; and Park Maintenance Facility replacement; (4) Housing - Land Use Incentive  Grants; Management of Community Development Block Grant - Disaster Recovery funds;  Support of Continuum of Care priorities; Code Purple and winter sheltering; and Housing Trust  Fund (GO Bond & Public Benefits).     Proposed compensation adjustments are (1) General Pay Plans 3% Hybrid: 3.0%  increase for all staff whose salaries are above the median pay of $58,000 and $1,740 flat  increase for those below the median; (2) Police Pay Plan: Transition to a new pay structure,  including adjustments to avoid compression. Officers not receiving a compression adjustment will  receive a one-time amount equivalent to 3.0%; (3) Fire Pay Plan: 3.0% increase for employees  on the Fire pay plan. Note: (a) During last year’s budget cycle, firefighters received a flat dollar  increase of $4,053 for beginning on-shift Firefighters, which increased the lowest paid on-shift  Firefighter by 8.8%; and (b) Employees on the Police Pay Plan received a 6.0% increase and  employees on the General Pay Plans received an increase of $2,400 or 4.11% whichever was  greater, which increased the lowest paid employee pay by 6.3%; and (4) Fire Department 4th  Shift: (a) $205K included for firefighter promotions, which will put supervisory structure in place  for a 4th shift; (b) First step in a long-term plan that will eventually lead to firefighters working 42  hours per week instead of 56 by adding additional firefighters; with the exact number to be  determined after further study; (c) Proposed budget does not recommend adding new firefighters         next year but it recommends putting the structure in place; and (d) Future Councils and staff will  determine the pace of implementation based on available resources.     The following is the proposed property tax rate increase chart:        Tax Rate Increase   Average  Homeowner   Impact (Annual)   Average  Homeowner Impact   (Monthly)  - Continue existing operations  - 3% Hybrid Comp. Adjustment  - New APD Pay Plan  - AFD 4th Shift Promotions  - Maintain 15% Fund Balance   3.26 cents $114 $9.51     Assumes average residential tax value of $350,000 and every 1-cent tax rate increase generates  $2.0M.     The Enterprise Funds summary is (1) Water: $2.4M increase from fee adjustments to  fund maintenance of the water system; (2) Parking: $1M decrease in capital projects based on  revenue projections; and (2) Transit: $900K in available fund balance for increased operating  costs.     The following is the 2026-30 proposed General Fund Capital Improvement Program  (CIP):        FY26 FY27 FY28 FY29 FY30   Facility Maintenance $ 12.60M $ 1.50M $ 6.64M $ 9.50M $ 3.90M   Fleet & Equipment $ 9.78M $ 7.84M $ 7.95M $ 8.17M $ 8.30M   Greenways $ 0.00M $ 0.38M $ 6.00M $ 0.00M $ 5.50M   Recreation & Entertainment Facilities $ 0.44M $ 2.09M $ 9.57M $ 2.19M $ 7.09M   Streets & Sidewalks $ 3.73M $ 21.00M $ 2.27M $ 11.09M $ 2.50M   Total $ 26.55M $ 32.81M $ 32.43M $ 30.95M $ 27.29M     Note: This chart does not include projects funded with the 2024 General Obligation Bonds or  federal Helene recovery projects.     Since the budget was presented, the following are updates: (1) General Fund Increase -  3 Additional Firefighters - (A) Budget Addition: Hire 3 additional Firefighter Trainees as part of the  January 2026 training class; (B) Cost: Adding 3 FF Trainees in January 2026 costs $155k in FY  2025-26 for salaries and equipment. Future year costs will be approximately $248k annually; and         (C) Funding Strategy: Fund balance will be utilized to cover the first year cost. Future year costs  will be considered in future budget and tax rate discussions. The pro is - Allows Council to further  demonstrate its commitment to the AFD 4th shift structure by beginning to add firefighters next  fiscal year. Cons are (1) Could potentially lower unassigned fund balance in the General Fund to  slightly under the 15.0% policy target (Current estimate is that it would be 14.9%); (2) However, a  majority of Council are comfortable with this very minor reduction; and (3) Fund balance is a  one-time revenue source so if additional revenue does not become available, property tax rate  increases or other budget reductions might be required in future years; and (2) Street Cut Fund  Adjustment - (A) $130K has been added to the FY26 Street Cut Fund budget for a vehicle  purchase, funded with debt service that is paid by the street cut program participants; (B) The  vehicle was scheduled to be purchased in FY25 but due to procurement delays, the purchase will  not be completed until FY26; and (C) this is a technical adjustment that will allow the FY25 funds  to be re-budgeted in FY26.     The following is the proposed budget summary (June 10):       FY25   Adopted  FY26   Proposed   Change   $ %   General Fund $ 179.71M $ 182.82M $ 3.11M 1.7%   Water Resources $ 47.14M $ 49.45M $ 2.30M 4.7%   Transit Services $ 14.55M $ 15.23M $ 0.68M 4.5%   Stormwater $ 8.84M $ 9.32M $ 0.48M 5.2%   Parking Services $ 8.17M $ 7.14M -$ 1.02M -14.3%   Harrah’s Center $ 6.15M $ 6.09M -$ 0.06M -1.0%   Street Cut Utility $ 2.91M $ 4.16M $ 1.25M 30.0%   Total $ 267.47M $ 274.20M $ 6.73M 2.5%   Interfund Transactions -$ 16.59M -$ 17.84M -$ 1.25M 7.0%   Net Budget $ 250.88M $ 256.36M $ 5.49M 2.1%        Councilwoman Roney said we won’t achieve economic recovery without workers and  their families, and there is a desperate need for more rental assistance. When she asked if when  the fiscal year renews, are we anticipating the regular Community Development Block Grant  (CDBG) funds could include rental assistance. Finance Director Tony McDowell said that he  would have to follow-up on that; however, the CDBG Action Plan will be coming to Council for  action in the very near future.     Councilwoman Roney appreciated “my colleagues joining me in the small but mighty,  symbolic step to funding three of the 14 first-phase positions for a 4th shift staff as studied by  AFD, designed to reduce the 832 additional hours every year that our fire fighters are scheduled  beyond the 40-hour work week. They got us through a geological disaster and we need to retain         them. While the fire department stands to make the least pay increases of any department in this  budget cycle, good faith efforts towards a 4th shift is a key retention strategy and becoming an  industry standard. This budget includes our commitments to community values by continuing  funding for Sustainability, Reparations, staffing of the Human Relations, Anti-Discrimination  and Compliance Department and more. By continuing the community-led strategy of providing  a flat rate raise to staff making below the median income in City hall, we’re bringing 67 City  employees up to $23.15-hr living wages of 151 employees who are currently below living wage.  I am deeply concerned about a property tax increase after the natural disaster of Helene, which  disproportionately impacts residential and commercial renters and legacy neighborhoods.  Unfortunately the General Assembly hasn’t taken action yet on recovery funding: the need for  revenue loss replacement for cities is here, the state has funding, but their action has been  delayed and that puts cities recovering from Helene including Asheville in the terrible situation of  raising taxes to maintain public services. We also need a serious plan for strategic partnership  funds, which has been cut to $0 in this budget cycle. There were crises and disparities in our  community that pre-dated Helene, and I’m not okay with leaving partners working with our  vulnerable youth with yet another funding loss. We need to return this funding at the soonest  opportunity this year. Lastly, I’m heart-sick and embarrassed for our organization that  $1.3-million of this budget hinged in part on what I consider to be a dirty, short-sighted deal with  energy monopoly Duke energy, giving away what appears to be a last, serious lever to negotiate  agreements like renewable energy commitments and getting power poles out of our sidewalks. I  expect some disappointment in my vote tonight. I trust the limitation of yes and no reflects my  commitment to what is fought for in this budget in the aftermath of Helene, a need for more  creativity and community organizing, and my commitment to continue fighting for budgets, plans,  and policies that reflect the values of our community.”     Councilman Hess said “Tonight, we may pass a budget in the wake of one of the worst  natural disasters in North Carolina history. This was my first budget season as one of your  Council members. I’ve approached this process methodically, listening and learning with one  mission: to deliver for all the people of Asheville with a budget that kept all of our services in  place and provided a much needed pay raise for our city employees who have tirelessly worked  day in and day out and have taken on extra recovery work since the storm. It wasn’t easy. Staff  and council spent hours in meetings — wrestling with numbers, asking hard questions, debating  values and tradeoffs. And I want to thank our city staff and my colleagues for showing up, again  and again, with dedication and grace. But out of that difficulty came something worth being proud  of. We reduced this budget by over $5 million without eliminating a single position. We  preserved every city service, kept our reparations fund intact, and continued support for strategic  community partnerships. We even have money for litter and syringe clean up as well and funding  our asheville FireFighter REST program. Resource extensive support team. We raised pay for  our frontline workers — including a new pay plan for Asheville Police and an innovative fourth  shift for firefighters, positioning us as a regional leader in firefighter pay and wellness. And we did  all of this while navigating one of the most difficult financial moments in our city’s recent history.  Now the difficult part: this budget includes a tax increase. I hear from folks that even a small  increase is no small matter — especially for those on fixed incomes, renters, small business  owners, and working families already stretched thin. As I saw it, to be fiscally responsible we did  not have many options that did not put our long term financial health at risk. Also importantly, the  State of North Carolina has not yet provided revenue replacement for cities like ours devastated  by Helene. Without that support, and with very limited tools to generate income, we faced this  reality: either raise the revenue we need — or cut the very services and staff our city depends on.  And I wasn’t willing to do that. The city has in place multiple tax relief programs for those who  qualify. And should the state legislature finally act to provide storm-related aid, we are ready to  amend this budget and adjust the tax rate. Tonight, I’m content with what we’ve done — and I  also know the work is far from over. We will continue fighting for revenue replacement. We will  continue listening to our neighbors and ensuring every voice is heard — not just those who shout         the loudest. This city is special — not just because of its mountains and music, comedy, but  because of its people. We love Asheville. We fight for it. And we show up — rain or shine, storm  or budget season. Also to every resident who called, emailed, came to City Hall, or met with me  in person — thank you. I’m honored to listen. Your voice matters. And this budget — as difficult as  it was —I hope reflects that.”     Councilwoman Ullman was concerned about unemployment and any tax increase is  painful for a lot of people. When you look at the bulk of what the tax increase goes to, it goes to  two things - (1) our Fund Balance to make it whole so that we can continue borrowing money to  repair our community and re-build the community we need; and (2) to give our public servants  raises - who we relied on to save our lives during the storm.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2025-06-10","mt":"regular","id":"V-A-recuse-Manheimer","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from voting on the budget amendment for the Economic Development Coalition","desc":"","c":"Economic Development","mo":"procedural","mv":"Mosley","sec":"Turner","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":12},{"d":"2025-06-10","mt":"regular","id":"V-A-recuse-Turner","ref":"","it":"motion","t":"Motion to recuse Councilwoman Turner from voting on the budget amendment for the Sports Commission","desc":"","c":"Budget & Finance","mo":"procedural","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1IeTa295CA7ljLoa9bTc3Yv2EczsLBxJJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2025-06-24","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the worksession held on June 5, 2025, and the formal meeting held on June 10, 2025","desc":"Background: - ​ Tropical Storm Helene significantly damaged park amenities and open spaces. - ​ The City’s Infrastructure Recovery Support Group (“RSG”) and Asheville Parks &  Recreation have been working to identify and establish temporary recreation amenities  for the community. - ​ Mission Health, as part of HCA Healthcare, participates in the Show Love Project. - ​ BPD, the agency of record representing HCA Healthcare, expressed an interest in  providing a financial donation for projects that would benefit the community during the  recovery and rebuilding efforts. - ​ Donated funds can enable the City to build temporary recreation amenities that would  otherwise require expenditure of City funds. - ​ The donation of $35,000 will assist in the development of a temporary dog park at  Riverbend Park. - ​ An additional donation of $75,000 can be used to establish other recreation assets  destroyed by Tropical Storm Helene such as, but not limited to sand volleyball, pickleball,  or a skating rink.  Vendor Outreach Efforts: - ​ Not applicable  Committee(s): - ​ None  Pro(s): - ​ Financial donations help offset the costs associated with establishing temporary  amenities that are not eligible for FEMA reimbursement.  Con(s): - ​ None known  Fiscal Impact: - ​ $110,000 will be added to the Special Revenue Fund.","c":"Community Programs","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-06-24","mt":"regular","id":"B","ref":"RES 25-131 / ORD 5146","it":"resolution","t":"Resolution authorizing the City Manager to accept donation from Brown; budget amendment","desc":"Background: - ​ Tropical Storm Helene significantly damaged park amenities and open spaces. - ​ The City’s Infrastructure Recovery Support Group (“RSG”) and Asheville Parks &  Recreation have been working to identify and establish temporary recreation amenities  for the community. - ​ Mission Health, as part of HCA Healthcare, participates in the Show Love Project. - ​ BPD, the agency of record representing HCA Healthcare, expressed an interest in  providing a financial donation for projects that would benefit the community during the  recovery and rebuilding efforts. - ​ Donated funds can enable the City to build temporary recreation amenities that would  otherwise require expenditure of City funds. - ​ The donation of $35,000 will assist in the development of a temporary dog park at  Riverbend Park. - ​ An additional donation of $75,000 can be used to establish other recreation assets  destroyed by Tropical Storm Helene such as, but not limited to sand volleyball, pickleball,  or a skating rink.  Vendor Outreach Efforts: - ​ Not applicable  Committee(s): - ​ None  Pro(s): - ​ Financial donations help offset the costs associated with establishing temporary  amenities that are not eligible for FEMA reimbursement.  Con(s): - ​ None known  Fiscal Impact: - ​ $110,000 will be added to the Special Revenue Fund.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-06-24","mt":"regular","id":"C","ref":"RES 25-132","it":"resolution","t":"Resolution authorizing the City Manager (consent item C)","desc":"Background: - ​ The mission of the City’s Internal Audit division is to promote efficient, effective, and  accountable city government by conducting financial, operational, and compliance audits  of all City departments, divisions, and programs. - ​ Due to staff turnover within the division and ongoing recruitment challenges, which are  prevalent throughout the industry, the City has decided to continue a co-sourced model  for Internal Audit Services in which most of the audits are contracted out with a City staff  position being maintained as project manager for the program. - ​ To facilitate this service model, contracted Internal Audit Services were sought via a  Request for Proposals (RFP) in the spring of 2025. - ​ The City received nine RFP responses which were reviewed by a team consisting of  City staff. - ​ Plante Moran was the highest scoring RFP responder. - ​ Actual costs will be billed on a per-hour basis.  Vendor Outreach Efforts: - ​ Staff performed outreach to minority- and women-owned businesses through  solicitation processes following the City’s ABI process and posting to the State’s  Electronic Vendor Portal (eVP) and the HUB. - ​ Of the nine RFP responses reviewed by staff, none identified as MWBEs. - ​ All of the nine firms that responded to the RFP chose the Self-Performing Option on the  City’s ABI forms.  Committee(s): - ​ None  Pro(s): - ​ Provides services to support and enhance the City Internal Audit program.  ​ ​  \fCon(s): - ​ Will require additional budget resources in future years to continue the co-sourced  service model.  Fiscal Impact: - ​ Funding for the $115,000 in first year costs for this contract is available in the FY 2025-26  Internal Audit division operating budget. - ​ Future years will be planned during the annual budget development process. - ​ The contract is contingent on budget appropriations in future fiscal years.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-06-24","mt":"regular","id":"D","ref":"ORD 5147","it":"ordinance","t":"Technical budget amendment in the City's funds (consent item D)","desc":"Background: - ​ At the end of September 2024, the City of Asheville experienced large-scale devastation  and destruction as a result of Tropical Storm Helene that has affected residents,  businesses and city-owned property and infrastructure. - ​ A budget amendment was adopted by City Council on November 12, 2024 to add  budgets in the City’s Enterprise Operating Funds for Helene-related expenses. - ​ As staff has reviewed that earlier budget amendment, we have determined that from an  accounting perspective certain budgets and expenses need to be moved from Enterprise  Operating Funds to Enterprise Multi-Year Funds prior to the end of the fiscal year. - ​ This is a technical budget amendment in the sense that it is not adding a budget, it is  simply moving previously adopted budgets from one fund to another. - ​ In addition, at the May 27th meeting, City Council approved a technical budget  amendment in the General Fund (2100 Fund) related to the refunding of debt which  occurred in April, but staff failed to include the part of that transaction which occurred in  the Transit Services Fund. This technical amendment will correct that oversight.  Pro(s):  ​ ​  - ​ Allows the City to budget for expenses related to Tropical Storm Helene response and  recovery and be in compliance with NC General Statutes and Generally Accepted  Accounting Principles. - ​ Amends the Fiscal Year (FY) 2024-25 Transit Services Fund budget in order to ensure  statutory budgetary compliance.  Con(s): - ​ None.  Fiscal Impact: - ​ There is no net fiscal impact from this technical budget amendment. - ​ As noted above, the Helene part of this technical amendment will simply move budgets  from one fund to another. It is anticipated that Federal Emergency Management Agency  (FEMA) reimbursements will cover the costs for all expenses. - ​ For the Transit debt refunding, the amendment will reflect the receipt of refunding  proceeds from the bank and the subsequent payment to pay off the prior debt issuance.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-06-24","mt":"regular","id":"E","ref":"RES 25-133 / ORD 5148","it":"resolution","t":"Resolution to enter into a Round 2 loan; budget amendment to budget the loan","desc":"Background: - ​ The North Carolina General Assembly created a $100 million cashflow loan program  under the Disaster Recovery Act of 2024, which was passed on December 11, 2024. - ​ The goal of the program is to help local governments whose communities were  devastated by Tropical Storm Helene while they wait for federal money to arrive. - ​ In late February, the City received notice that it was awarded a $2,791,793.35 Round 1  loan as part of this program, and City Council approved the Round 1 loan agreement in  March. - ​ On June 13th, the City received notice that it was awarded an additional $1,842,175.47  Round 2 loan. - ​ The loan, which is not structured as a forgivable loan due to duplication of benefit  concerns with Federal Emergency Management Agency (FEMA) funding, comes with a  0% interest rate and a five-year payback schedule. - ​ To participate in the cashflow loan program Round 2, local governments must execute a  loan agreement, promissory note, and other associated agreements with the State. ​ ​  - ​ Staff is recommending approval of a resolution accepting this second round of loan  funding from the State and authorizing the City Manager to execute necessary  documents to participate in the loan program.  Pro(s): - ​ While the loan can’t be utilized to replace revenue that City lost due to Helene, it will help  with overall cash flow and strengthen the City’s year-end balance sheet. - ​ The State has indicated the possibility of multiple rounds of financial support so  acceptance of this loan will help demonstrate to the State and other potential funders that  there is a continued need for additional Helene-related assistance.  Con(s): - ​ None  Fiscal Impact: - ​ As noted above, the City will receive approximately $1.8 million in cash from the loan to  support Helene-related expenses incurred in the current fiscal year. - ​ The loan is designed to be a cash flow bridge until FEMA reimbursements are received,  which will then be used to pay back the loan. - ​ Unlike the Community Disaster Loan (CDL) program, which allows funding to be used to  maintain essential government services after a natural disaster, the funding from this  State loan can only be used for Helene-related response expenses that will ultimately be  reimbursed as part of the FEMA Public Assistance Program.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-06-24","mt":"regular","id":"F","ref":"RES 25-134","it":"resolution","t":"Resolution delegating the authority (consent item F)","desc":"Background: - ​ A municipal government is authorized to accept donations of personal or real property  pursuant to North Carolina General Statute 160A-11. - ​ The authority to accept these donations lies with the governing board unless and until this  is delegated to City staff pursuant to North Carolina General Statute 160A-12. - ​ During a review of City policies for an upcoming donation, City staff learned that the  Council had not yet delegated the authority to accept donations to the City Manager, or a  designee. - ​ Until Council delegates the authority, as requested, all donations must be approved by  the Council.  ​ ​  - ​ Community members, nonprofit organizations and businesses often make donations to  the City and this is an important outlet for connecting donated resources to meet the  needs of the City’s operations. - ​ Donated funds can enable the City to take actions that would otherwise require  expenditure of City funds. - ​ By delegating this authority to staff, the process of accepting these donations will be  streamlined, improving efficiency and easing the burden on City Council. - ​ Donations of $90,000 or greater will require City Council approval.  Vendor Outreach Efforts: - ​ Not applicable.  Committee(s): - ​ Not applicable.  Pro(s): - ​ Delegates authority to accept donations to the City manager or a designee which means  that not all donations will require Council approval.  Con(s): - ​ None known.  Fiscal Impact: - ​ No fiscal impact. Future donations can be added to the budget through a budget  amendment or through the annual Budget Ordinance if needed.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-06-24","mt":"regular","id":"G","ref":"RES 25-135","it":"resolution","t":"Resolution authorizing the City Manager (consent item G)","desc":"Background: - ​ The Biltmore Estate has been served by the City of Asheville Fire Department since 1995  and Haw Creek has been served by the City of Asheville Fire Department since 2009  through contracts with Buncombe County. - ​ The Asheville Special Fire Protection and Rescue Service District of Buncombe County  was established and created effective July 1, 2016. - ​ It comprises the Biltmore Estate property, and portions of the Haw Creek District.  ​ ​  - ​ It is served by the Asheville Fire Department for fire protection, medical response, and  rescue services. - ​ The County levies a special tax in the District and appropriates those funds to the City of  Asheville. - ​ The taxes collected by the County from the District are paid to the City by the last day of  each month in twelve equal monthly installments. - ​ At the end of the fiscal year, the County reconciles the monthly payments made to the  City and the actual amounts collected to make a final adjusted payment in July of the  following fiscal year. - ​ The current agreement with the County expires at the end of June 2025, and staff seeks  approval of a new agreement with the County, effective July 1, 2025, that will run through  the end of the current fiscal year.  Committee(s): - ​ Pro(s): - ​ This contract provides revenue for the City of Asheville that is greater than the cost of  services.  Con(s): - ​ None  Fiscal Impact: - ​ The agreement will provide reimbursement for services provided to the County, which is  budgeted in the FY2026 Special Revenue Fund. - ​ Revenue from this agreement is included in the FY2026 Adopted Budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-06-24","mt":"regular","id":"H","ref":"RES 25-136","it":"resolution","t":"Resolution authorizing the City Manager (consent item H)","desc":"Background: - ​ North Carolina is divided into seven geographical regions for the purpose of hazardous  material emergency response. - ​ The North Carolina Department of Public Safety contracts with municipalities across  North Carolina to respond into the geographical regions and provide technician level  hazardous materials emergency response. - ​ The region's six areas encompass the westernmost twenty counties.  ​ ​  - ​ The City of Asheville has been a regional hazardous materials provider since Fiscal Year  1994-1995. - ​ The State of North Carolina provides funding that fully supports the operational costs of  the program. - ​ The City is reimbursed at 100% of the costs expended when the team is deployed for a  state mission. - ​ The Asheville Fire Department wishes to renew the agreement for July 1, 2025 - June 30,  2026.  Vendor Outreach Efforts: - ​ N/A These services will be delivered internally by staff.  Committee(s): - ​ None  Pro(s): - ​ The State of North Carolina provides the hazardous materials response truck, all  response equipment and provides for administrative costs of operating the team. - ​ In addition, the state funds extensive training for members of the Asheville Fire  Department to enable us to competently handle hazardous materials emergencies. - ​ The City of Asheville has full use of the truck and all specialty equipment within the City  of Asheville. - ​ Without the state hazardous materials contract, Asheville taxpayers would need to  provide much of the resources necessary to properly respond to emergencies within  Asheville. - ​ With the contract, the city has the advantage of the equipment and resources being  funded at the state level, rather than at the local level. - ​ During the 19 years that the City has provided regional hazardous materials response  services, it has not experienced difficulties or disadvantages with the program. This  program is also consistent with the City’s Strategic Operating Plan in partnership. - ​ Firefighter and public safety will be enhanced.  Con(s): - ​ None Identified  Fiscal Impact: - ​ There are no fiscal impacts that have been identified","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-06-24","mt":"regular","id":"I","ref":"RES 25-137 / RES 25-138 / RES 25-139 / RES 25-140","it":"resolution","t":"Resolutions to permit the possession and consumption of malt beverages (consent item I)","desc":"​ ​ AT THE ASHEVILLE HALF MARATHON 10K & 5k ON AUGUST 23, 2025  ​ ​ RESOLUTION NO. 25-139 - RESOLUTION TO PERMIT THE POSSESSION ​ ​ AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE ​ ​ AT THE BOOMTOWN ARTS & HERITAGE FESTIVAL ON AUGUST 29-31,  ​ ​ RESOLUTION NO. 25-140 - RESOLUTION TO PERMIT THE POSSESSION ​ ​ AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE ​ ​ AT THE BLUE RIDGE PRIDE FESTIVAL ON SEPTEMBER 27, 20225  Background: - ​ N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified  wine on the public streets and property owned, occupied, or controlled by the City and to  regulate or prohibit the possession of malt beverages and unfortified wine on public  streets, alleys or parking lots which are temporarily closed to regular traffic for special  events. - ​ The City Council of the City of Asheville has adopted an ordinance pursuant to that  statutory authority; and that ordinance, codified as Section 11-11 in the Code of  Ordinances of the City of Asheville, provides that the City Council may adopt a resolution  making other provisions for the possession of malt beverages and/or unfortified wine at a  special event or community festival. - ​ The following organizations have requested that City Council permit them to serve beer  and/or unfortified wine at their events and allow for consumption at the events: - ​ Asheville Downtown Association for the Independence Day Block Party to be  held on July 4, 2025, on Coxe, Banks, and Buxton Avenues. - ​ Sisu Running Foundation for the Asheville Half Marathon 10K & 5K to be held on  August 23, 2025, at Pack Square Park. - ​ LEAF Global Arts for the Boomtown Arts & Heritage FestAVL to be held on  August 29 - 31, 2025, at Pack Square Park. - ​ Blue Ridge Pride, Inc. for the Blue Ridge Pride Festival to be held on September  27, 2025, at Pack Square Park. - ​ Alcohol boundaries are defined as per the accompanying event site maps.  Committee(s): - ​ None  Pro(s): - ​ Allows fundraising opportunities for the sponsoring nonprofit organization.  Con(s): - ​ None  ​ ​  \fFiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-06-24","mt":"regular","id":"IV-A-continue","ref":"","it":"public_hearing","t":"Motion to continue the public hearing on rezoning 99999 Trade Street to July 29, 2025","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Hess","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2025-06-24","mt":"regular","id":"IV-B","ref":"ORD 5151","it":"public_hearing","t":"Ordinance to amend Chapter 7 of the Unified Development Ordinance (restore sections inadvertently removed by ORD 5127)","desc":"CODE OF ORDINANCES TO REINSERT SECTIONS 7-11-8 (c) (d), (e) AND (f)  WHICH WERE INADVERTENTLY REMOVED DURING THE RECENT ZONING  TEXT AMENDMENT ADOPTED IN ORDINANCE NO. 5127 ON MARCH 11,  2025  ​ Principal Planner Will Palmquist said that this is the consideration of an ordinance to consider amendments to Chapter 7 of the Asheville Code of Ordinances, to reinsert sections 7-11-8(c), (d), (e), and (f) which were inadvertently removed during the recent zoning text amendment adopted in Ord. No. 5127 on March 11, 2025. This public hearing was advertised on June 13 and 20 , 2025.  Background: - ​ Ordinance 5127 was adopted on March 11, 2025 and amended portions of the Unified  Development Ordinance (UDO) regarding project level thresholds, site compliance  requirements, and new sidewalk construction requirements. - ​ These changes to sidewalk requirements (UDO section 7-11-8) were intended to  eliminate the requirement for new sidewalks when a building was vacant for a period of  more than 180 days. - ​ The ordinance re-adopted UDO section 7-11-8 in its entirety, but only included  subsections 7-11-8(a) and (b), while inadvertently removing sections 7-11-8(c), (d), (e),  and (f). - ​ This proposed zoning text amendment will restore the sections removed inadvertently to  what existed prior to the adoption of Ordinance 5127, while retaining the intended change  to not require sidewalks when the use of a building has ceased for a period of more than  180 days.  Comprehensive Plan Consistency: - ​ This proposal supports a number of goals in the Living Asheville Comprehensive Plan,  including: - ​ Make Streets More Walkable, Comfortable and Connected - by eliminating  gaps in the city-wide sidewalk network. - ​ Enhance the Safety of the Public Realm - by constructing pedestrian facilities  that enhance pedestrian safety.  Fiscal Impact: - ​ n/a.  Staff Recommendation: - ​ Staff recommends approval of this zoning text amendment request based on the reasons  stated above; the text amendment provided does not include the additional fee-in-lieu  criterion proposed by the Planning & Zoning Commission because the City Attorney’s  Office has concluded it would not be a legally permissible part of the conditional zoning  process.  ​ Mr. Palmquist reviewed the background and proposed amendments as follows: (1) Ordinance 5127 was adopted on March 11, 2025 and amended portions of the Unified Development Ordinance (UDO) regarding project level thresholds, site compliance requirements, and new sidewalk construction requirements; (2) These changes to sidewalk requirements (UDO section 7-11-8) were intended to eliminate the requirement for new sidewalks when a building was vacant for a period of more than 180 days; (3) The ordinance re-adopted UDO section 7-11-8 in its entirety, but only included subsections 7-11-8(a) and (b), while inadvertently removing sections 7-11-8(c), (d), (e), and (f); and (4) This proposed zoning text amendment will restore the sections removed inadvertently to what existed prior to the adoption of Ordinance 5127, while retaining the intended change to not require sidewalks when the use of a building has ceased for a period of more than 180 days. He said that on June 4, 2025, the Planning & Zoning Commission (PZC) recommended approval (Vote 6:0) with the condition that an additional criterion for sidewalk fee-in-lieu eligibility be added to include instances where a conditional zoning application is seeking a technical modification to sidewalk construction and agrees to the payment of fee-in-lieu. He reiterated the pros and cons and how the amendment was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment. The text amendment provided does not include the additional fee-in-lieu criterion proposed by the Planning & Zoning Commission because the City Attorney’s Office has concluded it would not be a legally permissible part of the conditional zoning process.  ​ In response to Councilwoman Roney, City Attorney Branham said that the current City ordinance regarding sidewalks describes when sidewalks are required to be implemented as part of the development or provides the option to do a fee-in-lieu under certain circumstances. There are situations where sidewalks are not required and he believed the question was can the City ask for a fee-in-lieu where a sidewalk would not otherwise be required. When the ordinances do not require a sidewalk, asking an applicant to pay a fee-in-lieu would be beyond our legal authority.  ​ Vice-Mayor Mosley opened the public hearing at 5:36 p.m., and when no one spoke, she closed the public hearing at 5:36 p.m.  ​ Vice-Mayor Mosley said that members of Council have previously received a copy of the ordinance and it would not be read.  ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2025-06-24","mt":"regular","id":"IV-C","ref":"RES 25-145 / ORD 5152","it":"public_hearing","t":"Resolution authorizing submission to HUD of the 2025-2029 Consolidated Plan; budget amendment for CDBG and HOME","desc":"​ Community Development Division Manager James Shelton said that this is (1) a public hearing; (1) resolution authorizing the submission of the 2025-2029 Consolidated Plan and the 2025-2026 Annual Action Plan for the Community Development Block Grant Program (CDBG) and HOME Investment Partnerships Program (HOME) to the U.S. Department of Housing and Urban Development, as well as substantial amendments to previous Annual Action Plans; authorizing the City Manager to execute all documents necessary to give effect to this resolution; and (3) budget amendments in the amount of $1,022,202 for CDBG and $1,245,387 for HOME. This public hearing was advertised on June 13, 2025.  Background: - ​ The City of Asheville is an entitlement community and participating jurisdiction with the  US Department of Housing and Urban Development and receives formula funding  through the Community Development Block Grant (CDBG) and HOME Investment  Partnerships Program (HOME). - ​ The City receives these allocations annually through a federal formula allocation process. - ​ CDBG funds support housing and community development activities within the City of  Asheville. HOME funds support affordable housing activities within the four-county  Consortium region including Buncombe, Madison, Transylvania, and Henderson  Counties. - ​ All funded activities must meet the goals and priorities as outlined in the City’s  Consolidated Plan 2025-2029. - ​ In order to remain in compliance with HUD and to outline the CDBG & HOME priority  needs and strategic goals, City Council must authorize the submission of the 2025-2029  Consolidated Plan - ​ In order to access these funds for community development projects, the City Council will  need to authorize staff to submit the FY25-26 Annual Action Plan to HUD, which will  provide a concise summary of the projects and activities that will be used to address the  priority needs and specific goals identified by the Consolidated Plan.  ​ ​  - ​ Also, staff are requesting authorization to submit substantial amendments to several  projects from prior years’ Action Plans in order to effectively repurpose funding from  projects that have not been realized. - ​ On May 15, 2025 HUD released the 2025-2026 formula allocations for the CDBG and  HOME programs. - ​ The City was awarded $972,202 in CDBG funding and estimates $50,000 in  Program Income and $15,000 in cancelled FY 24/25 funding. The total amount  of CDBG funding available is $1,037,202. - ​ The City was awarded $1,051,896 in HOME funding and has $193,490 in  uncommitted Program Income. In addition, there is $200,000 of rescinded  project funding available for a total of $1,445,386.  Committee(s): - ​ The Housing and Community Development (HCD) Committee reviewed this item at their  meeting on Tuesday, June 17 and voted 3-0 approval to move forward to City Council. - ​ Asheville Regional Housing Consortium Board - On June 11, 2025, the Consortium Board  approved strategies and allocations for FY 25-26 HOME funding.  Pro(s) - ​ Approval of the Consolidated Plan and Annual Action Plan paves the way for HUD  funding to be utilized by partners in the City of Asheville and the region, with funds to be  used to create affordable housing and jobs and to make positive impacts in our low and  moderate income communities.  Con(s) - ​ It is not always possible to fund all of the applications received, and many agencies  funded will receive less than the requested amounts. - ​ It is necessary to be strategic in project selection as CDBG funding for FY 2025-2026 has  decreased from previous fiscal years.  Fiscal Impact: - ​ The Annual Action Plan is fully funded from federal CDBG and HOME entitlement grants,  unspent funds from prior-year allocations, and estimated program income. - ​ Staff costs to administer the program are paid from federal sources. - ​ The FY 2025-26 budgets for both the CDBG and HOME programs require budget  ordinance amendments to be adopted by City Council. - ​ The development of the 2025-2029 Consolidated Plan was funded through the  Community & Economic Development contracted services account via the General Fund.  ​ Mr. Jacob Compher, Land of Sky Regional Council on behalf of the Community Development Division, provided the following key takeaways from his and Community Development Division Manager James Shelton’s presentation: (1) The Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs are U.S. Department of Housing & Urban Development funding opportunities that supports community development and affordable housing activities - Estimated available grant funding for 2025 - 2026 - CDBG = $1,037,202; HOME = $1,745,386; and (2) Staff is seeking council’s approval of the 5 year Consolidated Plan, 2025 - 2026 CDBG Annual Action funding recommendations, and substantial amendments for approval by HUD.  ​ ​  \f​ The purpose of the Consolidated Plan is that it describes needs and priorities for housing and community development activities for the next five years, strategies to be pursued, and performance targets to be achieved. The Guide on how HUD (Housing and Urban Development) funds will be distributed: The Consortium will receive $1,051,896.04 million HOME = HOME Investment Partnerships Program; and The City of Asheville will receive $972,202 CDBG = Community Development Block Grant. He reviewed the HOME funding uses and projects, along with some HOME project examples. He then explained the distribution of HOME funds; along with the CDBG funding uses and projects. He explained the plan process, the plan timeline, public surveys, and stakeholder meetings. He described the framework of organizations that will carry out the plan.  ​ Regarding the Asheville Region Housing Needs Assessment, Mr. Compher reviewed the determining needs and priorities; renter assistance priorities; homeowner/buyer assistance priorities; and homeowner/buyer assistance priorities. The recommendations are (1) Set realistic/attainable short-term housing goals… …that support the preservation and development of residential units; (2) Reassess, enhance leverage existing government housing incentives to encourage or support the preservation of existing housing and the development of new residential units; and (3) Explore and support housing policies, programs and incentives to support the preservation of existing housing and the development of new residential units… …initiatives should focus on those programs that support low-income households (seniors and families), workforce households, and first-time homebuyers. Mr. Compher then reviewed the 2020-2024 Consolidated Plan priorities.  ​ Regarding the CDBG & HOME funding recommendations, Community Development Division Manager James Shelton said the following chart contains the CDBG substantial amendments:   2024 - 2025 Action Plan   Original Funded New Funded  Project Amount Amendment Amount  Cancel project and allocate Fair Housing $15,000 funding to FY 25/26 projects $0  Cancel project and move  funding to Homeward Bound Technical Assistance $24,000 Coordinated Entry $0  Homeward Bound of WNC - Add $24,000 for new budget line Coordinated Entry $37,900 item for “Contracted Services” $61,900  ​ For the 2025-2026 CDBG funding, the funding available is:   Estimated CDBG Funding  FY 25/26 Allocation $ 972,202 Estimated Program Income $ 50,000 Cancelled 2024 - 2025 Funding Available $ 15,000 Total $ 1,037,202   Available to Award  ​ ​  \fPublic Services Cap 15% $ 155,580 Planning & Admin Cap 20% $ 207,440 Available for Non-Public Services $ 674,182 Total $ 1,037,202   Funding recommendations will be based on: (1) Clearly demonstrating CDBG eligibility and community need; (2) Organizational capacity as demonstrated by prior effective use of funds and historical performance; (3) Funding fewer activities at higher amounts to reduce administrative burden - Staff continue to contribute significantly to Helene recovery efforts on top of regular duties; (4) Allocating remaining Non-Public Services dollars for public facility investments (i.e. community centers, infrastructure); (5) Maintain strategic cushion below the 15% Public Services; and (6) Maintain 20% Planning and Administration funding necessary to manage the CDBG Program. The CD Division met HUD’s timely drawdown of funds requirement for the first time in 4 years this year. ​ ​ Regarding public services funding recommendations, the below allocations were unanimously approved by the Housing and Community Development (HCD) committee on 6/17/2025:   Amount Funded  Applicant Description  Requested Amount Appalachian Mountain Community Resource Advocates to connect  $87,464 $12,000 Health homeless with services  Domestic Violence Intervention Program (DVIP) SPARC Foundation $24,999 $20,000  and Strong Fathers  Individual counseling and group workshops for OnTrack $39,000 $28,000  financial literacy  Pisgah Legal Legal assistance to prevent homelessness $60,000 $37,000  Helpmate Emergency Salary and benefits for our Shelter Case  $72,174 $38,000 Shelter Manager/Facilities Manager  $135,000  Total Funded Amount  (13.0%)  ​ Regarding non-public services funding recommendations, the below allocations were unanimously approved by the Housing and Community Development (HCD) committee on 6/17/2025:   Amount  Applicant Category Description Funded Amount  Requested  Housing case management Helpmate Housing Services $65,000 $65,000  services Homeward Bound  Rental Assistance Rapid Rehousing $144,364 $144,364 of WNC  ​ ​  \f Microenterprise Business coaching, classes Mountain BizWorks $154,000 $154,000  Assistance and business assistance  Sprinkler system for code Safe Shelter Public Facilities $185,000 $185,000  compliant bed expansion  Contingency for public facilities City of Asheville Public Facilities - $146,398  and improvements   Total Funded Amount $694,762  ​ The chart below shows the 2025-26 HOME funding:   Estimated HOME Funding  FY 25/26 Allocation $ 1,051,896  Uncommitted Program Income $ 193,490  Rescinded Project Funding Available $ 500,000  Total $ 1,745,386   Available to Award  CHDO Operating Reserve - 5% of Allocation $ 52,595  Planning & Admin Cap - 10% of Allocation $ 105,189  Available for Projects $ 1,587,602  Total $ 1,745,386  ​ Below are charts for the substantial amendments for HOME:   2023 - 2024 Action Plan  Original Funded New Funded  Project Amount Amendment Amount  Cancel project and add  $300,000 to HAC-Apple Ridge LDG Development - Meribel and $200,000 to FY25/26 - HOME $500,000 programs $0   2021 - 2022 Action Plan  New  Original Funded Funded  Project Amount Amendment Amount Asheville Buncombe Change activity to be only for $202,500 Community Land Trust $202,500 home repair (no change)  ​ ​  \fPermanently Affordable Homes - HOME   2020 - 2021 Action Plan  Original Funded New Funded  Project Amount Amendment Amount Asheville Buncombe Community Land Trust Permanently Affordable Change activity to be only for $59,463 (no Homes - HOME $59,463 home repair change)  ​ Regarding the HOME Program funding, the Asheville Regional Housing Consortium (HOME Consortium/ARHC) unanimously approved the below funding allocations on 6/11/2025:   Project Description Funded Amount  Assistance to Community Housing Development CHDO Operating Reserve Organizations (CHDOs) for operations (5% of $52,595  allocation)  City of Asheville HOME staff salaries and planning Planning and Administration $105,189  costs (10% of allocation) Tenant Based Rental Funding for security deposits, monthly rent, and  $300,000 Assistance (TBRA) utility assistance  Additional funding to existing new affordable rental HAC - Apple Ridge housing construction project that was previously $300,000  awarded $600,000 (non-substantial amendment) Down Payment Assistance  Assistance to homebuyers for purchasing a home $400,000 (DPA)  Rehabilitation of owner-occupied single family Homeowner Rehabilitation $587,602  housing units  Total Funded Amount $1,445,386   Mr. Shelton said the next steps are that City Council approves submission to HUD of: 2025 - 2029 Consolidated Plan; 2025 - 2026 Annual Action Plan; and Substantial Amendments. Staff submits plans and amendments to HUD by July 13, 2025.  ​ Vice-Mayor Mosley opened the public hearing at 5:51 p.m., and when no one spoke, she closed the public hearing at 5:51 p.m.  ​ Vice-Mayor Mosley said that members of Council have previously received a copy of the resolution and ordinance and they would not be read.  ​","c":"Housing","mo":"public_hearing","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2025-06-24","mt":"regular","id":"J","ref":"RES 25-141","it":"resolution","t":"Resolution authorizing the City Manager (consent item J)","desc":"Background: - ​ The project scope consists of resurfacing 21 streets for a total of 4.32 miles and  upgrading of 26 ADA ramps in the work zone. - ​ An inventory of the streets was provided.. - ​ The project was advertised on April 25, 2025, and bids were opened on May 15, 2025. - ​ Work is anticipated to start September 1, 2025. - ​ The following bids were received:   Tarheel Paving and Asphalt, Inc. of Hendersonville, NC​ ​ $1,850,118.10  French Broad Paving, Inc. of Marshall. NC​ ​ ​ $2,143,558.00  APAC-Atlantic, Inc., Asheville Division of Asheville, NC​ ​ $3,857,947.45​  Vendor Outreach Efforts: - ​ Staff performed outreach to minority- and women-owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - ​ Staff also checked the NC Historically Underutilized Business and NCDOT MWBE  databases for potential contractors along with the City of Asheville ABI database. - ​ Two companies from an identified disparity group (Black American and Native American)  were found in the ten-county area and staff directly contacted those companies. - ​ Neither company submitted a bid. - ​ Two women-owned businesses were also directly contacted and neither company  submitted a bid. - ​ One woman-owned company (Appalachian Paving and Concrete of Swannanoa, NC) will  be operating as subcontractor on the project. - ​ Tarheel Paving and Asphalt anticipates expending 18.0 percent of the total dollar amount  of the contract with this company.  Pro(s): - ​ The award of this contract will result in the resurfacing of 4.32 miles of City streets. - ​ ADA ramps in the work zone will be upgraded.  Con(s): - ​ Construction will cause temporary disruptions in the impacted neighborhoods.  Fiscal Impact: - ​ Funding for this contract is provided in the Fiscal Year 2025 Streets Program.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-06-24","mt":"regular","id":"K","ref":"ORD 4149","it":"ordinance","t":"Ordinance amending Chapter 15 of the Code of Ordinances (consent item K)","desc":"Background: - ​ The Sanitation Division and their contractor(s) provide waste collection services on  private roads within City limits. - ​ Chapter 15 Solid Waste Management of the City’s Code of Ordinances currently does not  define the parameters within which private roads may be serviced. - ​ A Private Road Agreement between the City and the owners of the road is generally  required in order for the City (or their contractors) to provide service on privately owned  roads. - ​ In order to align with state law, and in collaboration with the City’s Legal and Risk  personnel, the Private Road Agreement was revised, and language defining the  parameters within which private roads may be serviced will be added to Chapter 15 Solid  Waste Management, specifically, a new subsection will be added to Section 15-39(a)(5). - ​ The new ordinance language will clarify that, if the Public Works Department is asked to  provide solid waste collection services along a private road, and determines in its sole  discretion that it is feasible to provide such services along the private road, it shall be the  affirmative obligation of the owner of the road to keep it in a state of good repair, and free  from any and all obstructions. - ​ No substantive changes are being made to waste collection services; the City is simply  revising the ordinance to align with practice and state law.  Pro(s): - ​ Clarifies and codifies City practice regarding the practice of waste collection on private  roads.  Con(s): - ​ None  Fiscal Impact: - ​ None","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-06-24","mt":"regular","id":"L","ref":"RES 25-142","it":"resolution","t":"Resolution repealing a prior resolution (consent item L)","desc":"Background: - ​ The City is preparing to implement a sidewalk project along Patton Avenue between  Druid Drive and Louisiana Avenue. - ​ In 2021, NCDOT requested the City include concrete curb and gutter as part of the City’s  design and construction project, and entered into a funding agreement with the City for  reimbursement of said curb and gutter installation. The reimbursement from NCDOT to  the City was in an amount not to exceed $90,000.00. - ​ On January 25, 2022, the City Council approved Resolution No. 22-16 authorizing the  City Manager to enter into the requested Funding Agreement with NCDOT. - ​ The project was bid twice in May 2023, but received no interested bidders. Staff decided  not to move forward with the project at that time. - ​ The project was successfully rebid in March 2025, and the City awarded the contract to  the lowest, responsive, responsible bidder (Appalachian Sitework Inc; 04/08/2025;  Resolution No. 25-78). - ​ The cost for curb and gutter has increased in the three years since the original NCDOT  funding agreement was approved. City Staff and NCDOT have agreed to enter into a new  funding agreement with a higher cost reimbursement in the amount of $150,000.  Committee(s): - ​ None  Pro(s): - ​ NCDOT will reimburse the City for the cost of the additional curb and gutter requested by  NCDOT, including the City's project management overhead costs.  Fiscal Impact: - ​ Funding for this contract is included in the adopted Capital Improvement Program (CIP). - ​ The Funding Agreement with NCDOT will benefit the City up to $150,000 of construction  cost.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-06-24","mt":"regular","id":"M","ref":"RES 25-143","it":"resolution","t":"Resolution authorizing the City Manager (consent item M)","desc":"Background: - ​ Charlotte Street is a busy, frequently traveled north / south route, connecting north  Asheville through the edge of downtown. - ​ Several multi-family housing units located off of Martin Luther King, Jr. Drive (MLK) have  been developed over the past few years, increasing the amount of traffic turning from  MLK onto S. Charlotte Street, and increasing the pedestrian traffic needing to cross at the  intersection. - ​ In order to provide safe vehicular and pedestrian turning and crossing, the City of  Asheville engaged traffic engineering firm Ramey Kemp Associates to provide  construction documents for traffic and pedestrian signal pole installation at the  intersection. - ​ Construction is expected to start in late 2025 or early 2026 as the signal poles have a  long leadtime, typically 6-9 months.  Vendor Outreach Efforts: - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting a bid for construction on the NC electronic Vendor Portal  (eVP) and requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. ​ ​  - ​ Two bids were received. No MWBE service providers submitted bids. The following  companies submitted bids: - ​ Haynes Electric Utility, a division of MB Haynes Corporation of Asheville, NC for  $399.350.00 - ​ Stansell Electric Company of Nashville, TN for $473,250.00  Committee(s): - ​ None  Pro(s): - ​ Adding traffic signals at this intersection will provide safer, more consistent turning for  vehicles during the heaviest traveled times including morning and evening rush hour and  Asheville Tourists games. - ​ Adding pedestrian signals at this intersection and safe, consistent crossing for  pedestrians, especially during heavily traveled times like the Asheville Tourists games  Con(s): - ​ Impacts to the community during construction  Fiscal Impact: - ​ Funding for this contract is already included in the Transportation Capital Improvement  Program (CIP).","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-06-24","mt":"regular","id":"N","ref":"RES 25-144","it":"resolution","t":"Resolution for City Manager to accept (consent item N)","desc":"Background: - ​ Through the Elective Pay program the Internal Revenue Service (IRS) allows tax-exempt  and governmental entities to claim clean energy tax credits. - ​ The IRS required the City, as a non tax entity, to define our “tax year” which was  determined to be the fiscal year. - ​ In fiscal year 2024 (July 2023 - June 2024), the City placed the following assets in  service: four Ford Lightning electric vehicles and one 62kW photovoltaic system at  Broadway Public Safety Station. ​ ​  - ​ The eligible tax credit amount is $59,098. - ​ Tax credit funds received will be deposited into the Green Savings Fund for future  reinvestment in clean and renewable energy projects and purchases. - ​ The Elective Pay program was enabled through the Inflation Reduction Act and is subject  to change. - ​ Staff will continue to monitor this opportunity and pursue clean energy tax credits using  Elective Pay for eligible projects.  Committee(s): - ​ None  Pro(s): - ​ Ongoing investment in clean and renewable energy projects supports implementation of  the Municipal Climate Action Plan, specifically high impact activities #1 “Continue  Installation of Renewable Energy Resources on Municipal Property and # 12 “Utilize  Green Fleet Policy for Fleet Electrification”.  Con(s): - ​ N/A  Fiscal Impact:: - ​ Tax credit funds will offset the cost of future clean and renewable energy assets  investment.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-06-24","mt":"regular","id":"O","ref":"ORD 5150","it":"ordinance","t":"Ordinance enacting a 20 miles per hour speed limit (consent item O)","desc":"Background: - ​ N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its  corporate limits. ​ ​  - ​ City staff received requests from constituents to consider changes to speed limits. - ​ City staff performed appropriate traffic engineering reviews along fifteen streets where  speed limit changes are recommended within the Burton Street Neighborhood. - ​ The speed limit on the following streets will be set at 20 miles per hour: - ​ Atlanta Avenue - ​ Baker Avenue - ​ Boyd Avenue - ​ Bryant Street - ​ Buffalo Street - ​ Clay Street - ​ Downing Street - ​ Edgar Street - ​ Fayetteville Street - ​ Ivy Street - ​ Mardell Circle - ​ Martin Avenue - ​ Ohio Street - ​ Saratoga Street - ​ Texas Street - ​ Safety concerns have been raised about speeding in the Burton Street Neighborhood. - ​ A strategy to promote consistent speed limits is part of the adopted Burton Street  Neighborhood Plan. - ​ More than half of the public streets within the Burton Street Neighborhood do not have a  speed limit assigned in City Code. - ​ The speed limit changes are recommended in order to establish lower, safer speed limits  that are consistent with the context of these streets. - ​ A consistent 20 mph speed limit is recommended for public streets internal to the Burton  Street Neighborhood that do not currently have a codified speed limit, along with three  other residential streets that are currently codified for 25 mph. - ​ The Asheville Police Department has reviewed the subject actions and they concur with  them. - ​ Once the subject action is approved and prior to the installation of appropriate signs on  the City-maintained streets, Transportation Department staff will coordinate outreach and  public education with the Communication & Public Engagement Department (CAPE) and  the Asheville Police Department. - ​ Subpart A, Article II, Section 18 of the City of Asheville’s Charter requires revising or  amending ordinance sections by repealing the original ordinance sections completely and  replacing them with revised or amended ordinance sections. - ​ Staff is therefore requesting a repeal and replacement of the relevant ordinance sections  to accomplish these speed limit changes. - ​ A short version of the ordinance changes is included with this staff report.  Committee(s): - ​ MMTC - not presented due to no scheduled meetings. - ​ The speed limit consistency approach for the Burton Street Neighborhood was presented  at the May 8, 2025 City Council Briefing  Pro(s): - ​ City staff have been able to respond favorably to constituent requests. - ​ Provides a more appropriate posted speed limit in commercial and residential areas. - ​ Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders. ​ ​  \fCon(s): - ​ None  Fiscal Impact: - ​ The cost of installing and maintaining speed limit signs is included in the Transportation  Department operating budget.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-06-24","mt":"regular","id":"VI-A","ref":"RES 25-146","it":"resolution","t":"Resolution approving a $250,000 grant to the Asheville Buncombe Community Land Trust for permanently affordable homeownership","desc":"​  Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a resolution approving of a $250,000 grant for the purchase of 32 Grail Street and 32 Olive Street by the Asheville Buncombe County Land Trust (ABCLT) to allow the homes to be sold to qualifying households at or below 80% AMI and be permanently affordable.  ABCLT Background - ​ The Asheville Buncombe Community Land Trust (ABCLT) was formed as the result of a  series of community conversations that started in 2015 around building permanently  affordable housing created and directed by the community. - ​ In 2017, City Council allocated $1 million of the $25 million affordable housing bond  dollars to the ABCLT to produce affordable homes. - ​ The ABCLT formed a board, created policies, and ultimately received its non-profit status  in 2019.  Use of the 2016 Bond Funds - ​ In 2021, the ABCLT and the City signed an agreement for the $1 million of bond funds to  produce eight (8) permanently affordable homes. - ​ Since then, the ABCLT has used those funds to purchase four homes and two parcels of  land for future homes. - ​ Proceeds from home sales are recycled into future purchases. - ​ In general, home acquisition and rehabilitation costs have risen dramatically over the past  five years, with the median sales price almost doubling since 2020. - ​ This has forced ABCLT to use more resources for each home purchased.   Property Purpose Funds Spent   401 Caribou Affordability gap $83,641   26 Hildebrand Affordability gap $209,969   90 Wyatt Acquisition* $50,000   94 Wyatt Acquisition* $50,000  ​ ​  \f 173 Fayetteville Acquisition* $310,000   41 Grail Acquisition* $315,000   Total Spent $1,018,610 Although the funds are drawn down in acquisition, a CLT proforma is determined by funding the ‘affordability gap’ of the homeowner. Acquisition funds are recycled until they are all applied to an affordability gap when the home is sold.  32 Grail Street Background - ​ In 2021, an Opportunity Zone investor bought the house at 32 Grail Street, an adjacent  lot, and Cappadocia Church, with plans to demolish the house and the church. - ​ The Preservation Society of Asheville and Buncombe County (PSABC) purchased the  property in 2022 with input and support from the neighborhood. - ​ The 1910 house needed many major repairs and would have typically been demolished  because of its condition. - ​ 1,600 sq ft 4-bed, 2-bath home, built around 1910, down the street from Stephens-Lee. - ​ Purchased by the Preservation Society for $200k, with $475k invested for rehabilitation. - ​ Rehabilitation has included restoring all original doors, period-appropriate front stairs,  foundation repairs, new roof, and HVAC system. - ​ ABCLT is ready to purchase the home for $350,000 and sell to a qualifying family for  $200,000, with a deed restriction to ensure permanent affordability.  32 Olive Street Background - ​ The home was built in 1922 in the Southside Neighborhood. - ​ Mountain Housing Opportunities (MHO) received this home from WNC Housing, a  housing non-profit organization that no longer exists. - ​ MHO is selling the home to ABCLT for $200,000, below the market price. - ​ After acquiring the property, ABCLT will make the necessary renovations and then sell it  to a qualifying family for $185,000, with a deed restriction to ensure permanent  affordability.  Funding Request - ​ The Asheville Buncombe Community Land Trust is requesting $250,000 to help fill the gaps  for two home purchases in Legacy Neighborhoods. - ​ $206,500 for 32 Grail Street - ​ $43,500 for 32 Olive Street - ​ Both homes will be sold to qualifying home buyers at very affordable prices: 32 Grail at  $200,000 and 32 Olive Street $185,000. - ​ By ABCLT policy, qualifying home buyers must have incomes at or below 80% AMI,  however the average income of existing ABCLT homeowners is 55% AMI. - ​ The Preservation Society is contributing $100,000 towards 32 Grail Street. - ​ ABCLT is pursuing additional funds for both homes from other sources.  Project Financing  32 Grail Street:  Development Costs  Acquisition (by Preservation Society) $200,000  ​ ​  \f Additional Development Costs  (Rehabilitation) $506,000   Total Development Cost $706,000  Development Income  Sales revenue (Purchase price for  new homeowner) $200,000  City Funds $124,500  Requested City Funds $206,500  PSABC contribution $100,000  Grants submitted $75,000  32 Olive Street:  Development Costs   Property Purchase Price $200,000   Rehabilitation Price $103,500   Total Costs $303,500  Funding Sources  Sales Revenue (purchase price) $185,000  Requested City Funds $43,500  Grants submitted $75,000   $303,500  Council Goals: - ​ An Equitable and Diverse Community - ​ A Well-Planned and Livable Community - ​ Quality Affordable Housing  Fiscal Impact: - ​ Approval of the $250,000 grant would be sourced from the 2016 bond funds, and would  decrease funds available in the Housing Trust Fund, leaving a balance of $1,320,000.  Committee(s): - ​ The Housing and Community Development (HCD) Committee reviewed this item at their  meeting on Tuesday, June 17 and voted 2-1 to move forward to City Council.  Pro(s):  ​ ​  - ​ Both homes will be permanently affordable and located in high-opportunity areas, both  extremely close to downtown. - ​ Meets the City’s stated goals of anti-displacement, preserving naturally occurring  affordable housing, and partnering with local agencies and neighborhoods to do so. - ​ Both projects preserve historic homes in neighborhoods that lost many historic homes  through urban renewal.  Con(s): - ​ The request for 32 Grail Street is a substantial investment for a unit serving only one  low-income household at a time. - ​ The City funds will not totally fill the gaps on these two projects, and additional funds will  still be needed.  Staff Recommendation: - ​ Staff recommends awarding the Asheville Buncombe Community Land Trust (ABCLT) a  $250,000 grant from the 2016 bond to fund homes at 32 Grail Street and 32 Olive Street.  These homes will be permanently affordable and sold to qualifying households at or  below 80% AMI.  ​ Ms. Vrtunski said that the following are the key takeaways from her presentation: (1) The Asheville Buncombe Community Land Trust is requesting $250,000 to help fill the gaps for two home purchases in Legacy Neighborhoods; (2) The ABCLT is the only community land trust in the region and creates permanently affordable housing for qualifying households. This requires more investment than typical affordable housing programs; (3) These projects fall under the Affordable Housing Plan goals of funding anti-displacement work, building community partnerships, and preserving naturally occurring affordable housing; and (4) If approved, the $250,000 grant would be funded from 2016 Bond funding.  ​ She explained how the Community Land Trusts work noting (1) Land owned by a CLT is taken out of the private real estate market and is community owned; (2) Homeowners are able to build equity and may move into the private market if they choose to buy a different home; and (3) A CLT home is inheritable asset providing for generational wealth-building.  ​ The ABCLT background is that (1) The ABCLT formed as the result of a series of community conversations that started in 2015 around building permanently affordable housing created and directed by the community; (2) In 2017, City Council allocated $1 million of the $25 million affordable housing bond dollars to the ABCLT to produce affordable homes; (3) ABCLT formed a board, created policies and ultimately received its non-profit status in 2019; (4) In 2021, the ABCLT and the City signed an agreement for the $1 million of bond funds to produce eight (8) permanently affordable homes; (5) Since then, the ABCLT has used those funds to purchase four homes and two parcels of land for future homes; and (6) Proceeds from home sales are recycled into future purchases. ​ ​ The following chart is the ABCLT use of 2016 Bond funds:   Property Purpose Funds Spent   401 Caribou Affordability gap $83,641  ​ ​  \f 26 Hildebrand Affordability gap $209,969   90 Wyatt Acquisition* $50,000   94 Wyatt Acquisition* $50,000   173 Fayetteville Acquisition* $310,000   41 Grail Acquisition* $315,000   Total Spent $1,018,610 Although the funds are drawn down in acquisition, a CLT proforma is determined by funding the homeowner’s affordability gap. Acquisition funds are recycled until they are all applied to an affordability gap when the home is sold.   In general, home acquisition and rehabilitation costs have risen dramatically over the past five years, with the median sales price almost doubling since 2020. This has forced ABCLT to use more resources for each home purchased.  ​ The funding request is (1) The Asheville Buncombe Community Land Trust is requesting $250,000 to help fill the gaps for two home purchases in Legacy Neighborhoods - $206,500 for 32 Grail Street; and $43,500 for 32 Olive Street; (2) Both homes will be sold to qualifying home buyers at very affordable prices: $200,000 for 32 Grail and $185,000 for 32 Olive Street; (3) By ABCLT policy, qualifying home buyers must have incomes at or below 80% AMI, however the average income of existing ABCLT homeowners is 55% AMI; (4) The Preservation Society is contributing $100,000 towards the cost of 32 Grail Street; and (5) ABCLT is pursuing additional funds for both homes from other sources.  ​ She then showed a map of the two locations: 32 Grail Street in the East End/Valley Street area; and 32 Olive Street in the Southside neighborhood.  ​ The background of 32 Grail Streets is (1) In 2021, an Opportunity Zone investor bought the house at 32 Grail Street, an adjacent lot, and Cappadocia Church, with plans to demolish the house and the church; (2) The Preservation Society of Asheville and Buncombe County (PSABC) purchased the property in 2022 with input and support from the neighborhood; and (3) The house, built in 1910, needed many major repairs and would have typically been demolished because of its condition. The rehabilitation summary is (1) 1,600 sq ft 4-bed, 2-bath home, built around 1910, down the street from Stephens-Lee; (2) Purchased by the Preservation Society for $200k, with $475k invested for rehabilitation; (3) Rehabilitation has included restoring all original doors, period-appropriate front stairs, foundation repairs, new roof and HVAC system; and (4) ABCLT is ready to purchase the home for $350,000 and sell to a qualifying family for $200,000, with a deed restriction to ensure permanent affordability.  ​ The background of 32 Ollive Street is (1) Home built in 1922 in the Southside Neighborhood; (2) Mountain Housing Opportunities (MHO) received this home from WNC Housing, a housing non-profit organization that no longer exists; (3) MHO is selling the home to ABCLT for $200,000, which is below the market price; and (4) After acquiring the property, ABCLT will make the necessary renovations, then sell it to a qualifying family for $185,000, with a deed  ​ ​  \frestriction to ensure permanent affordability.  ​ The sources and uses of 21 Grail Street are as follows:  Development Costs   Acquisition (by Preservation Society) $200,000   Additional Development Costs  (Rehabilitation) $506,000   Total Development Cost $706,000  Development Income   Sales revenue (Purchase price for new  homeowner) $200,000  City Funds $124,500  Requested City Funds $206,500  PSABC contribution $100,000  Grants submitted $75,000   $706,000  ​ The sources and uses of 32 Olive Street are as follows:  Development Costs   Property Purchase Price $200,000   Rehabilitation Price $103,500   Total Costs $303,500  Funding Sources  Sales Revenue (Purchase price for new  homeowner) $185,000  Requested City Funds $43,500  Grants submitted $75,000   $303,500  ​ She then went over a chart of the detailed costs for 32 Grail Street - total as of June 18,  ​ ​  \f2025 is $470,202.88.  ​ Ms. Vrtunski then reiterated Council goals; fiscal impact; and pros and cons. Staff then recommended Council (1) award a grant of $250,000 from the 2016 bond to the Asheville Buncombe Community Land Trust (ABCLT) to fund homes at 32 Grail Street and 32 Olive Street. These homes will be sold to qualifying households at or below 80% AMI and be permanently affordable; and (2) approve a $250,000 grant to the Asheville Buncombe Community Land Trust to fund the purchase of 32 Grail Street and 32 Olive Street for permanently affordable homeownership to qualifying households.  ​ In response to Councilwoman Ullman, Ms. Vrtunski said that if the ABCLT does not get the additional grants, the City will not disburse the funds until everything is ready to close.   Councilwoman Roney said that she had the opportunity to visit 32 Grail Street again this week, it’s just around the corner from and housed faculty members of the historic Stephens-Lee school that is now a community center in East End/Valley Street and was anticipated for demolition due to being in such bad disrepair. Protecting vulnerable neighborhoods from gentrification can include: Investing in property repair and preservation; Securing affordability; Partnerships with neighborhoods and non-profits; Place-making, historic designation, and preservation of cultural identity; and Multigenerational families and/or businesses staying or being able to return. Along with preservation and adding to our small but growing ecosystem of permanently affordable housing, these are among the reasons she is thrilled that these properties in East End/Valley Street and Southside are on our Council agenda tonight! Grail Street also represents a first partnership between The Preservation Society of Asheville & Buncombe County and Asheville-Buncombe Community Land Trust, and she hoped there’s more partnerships to come.  ​ Four individuals were very supportive of the City approving a grant for the purchase of 32 Grail Street and 32 Olive Street by the Asheville-Buncombe County Land Trust.  ​ Vice-Mayor Mosley felt this was an excellent opportunity for the rehabilitation of these two structures.  ​ Vice-Mayor Mosley said that members of Council have been previously furnished with a copy of the resolution and it would not be read.  ​","c":"Housing","mo":"individual","mv":"Smith","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2025-06-24","mt":"regular","id":"VI-B","ref":"RES 25-147","it":"resolution","t":"Resolution approving a Development and Lease Agreement with Laurel Street Residential LLC for 319 Biltmore Avenue","desc":"​ Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a resolution approving a Development and Lease Agreement with Laurel Street Residential LLC for the development of mixed-income and affordable housing at 319 Biltmore (3 & 4 John Walker Avenue) and allocate funding for the affordable units.  Background: - ​ As part of the affordable housing bond initiative, the City began the development of  City-owned land for affordable housing in 2018. - ​ The City hired Lord Aeck Sargent (LAS) to conduct a site suitability assessment for  City-owned properties. LAS presented their final report to the City Council in December of  2018. That study recommended that the 319 Biltmore site include housing for a mix of  incomes. - ​ In winter 2020, the City released a request for proposals (RFP) for the development of  the 319 Biltmore property. Nine proposals were received, and Homes Urban was  selected as the top-ranked firm. Following the scoring process, the City initiated  negotiations with Homes Urban. - ​ In February 2022, Homes Urban withdrew its proposal. The City then approached Laurel  Street Residential (LSR), the second-ranked firm. - ​ The City signed a Letter of Intent with LSR on February 21, 2022, and began negotiating  terms of an agreement. - ​ In August 2022, City Council approved a purchase and sales agreement for Laurel Street  Development to construct a mixed-income development. This development included: - ​ Total of 221 units in 2 buildings (originally 215, but updated to 221 with the  zoning approval) - ​ 30% of the units would be affordable, 20% at 60% AMI, 10% at 80% AMI - ​ Affordability period of 30 years - ​ No additional funding for the affordable units, beyond the value of the land. - ​ In August 2022, City Council approved Resolution No. 22-184 authorizing the sale of the  city-owned property located at 319 Biltmore Avenue to Laurel Street for the  above-described affordable housing development. Private negotiation of the sale was  authorized pursuant to NCGS §157-9 because it was agreed that the proposed  development would contain at least 20% of the units affordable to households at 60%  AMI and below for a period of at least 30 years. - ​ In June 2023, City Council approved Conditional Zoning (Ordinance No. 5024) for the site  (RES-EXP CZ). - ​ In January 2024, Laurel Street (LSR) applied for a County Affordable Housing Services  Program loan; funding was not approved until May 2024. - ​ During 2024 and 2025, LSR has continued to work on its plans. - ​ In Fall 2024, LSR approached City staff to collaborate on a revised proposal to meet City  expectations.  319 Biltmore: Updated Proposal Summary Entire Project: 221 units - ​ Phase I - 109 units with 33 project-based vouchers - ​ Phase II - 112 units - 4% LIHTC - ​ 162 units (73% of total) are affordable - ​ 29% of total units serve those at 30% AMI - ​ Ground lease up to 99 years - ​ 40-year affordability period - ​ Ground Lease rather than Purchase—At the end of the 99-year lease, the Land and  buildings will revert to the City.  Phase I Specifics (3 John Walker Avenue):  ​ ​  - ​ $3,000,000 City Housing Trust Fund loan (from the current balance of $1.57M and new  bond funds) - ​ Up to $100,000 Tax Grant/year for 20 years. - ​ Start construction in 2026  Phase II Specifics (4 John Walker Avenue): - ​ $7 million gap to be filled by other sources (City/State CDBG-DR) - ​ Up to $100,000 Tax Grant/year for 20 yrs - ​ No HTF funds - ​ Start construction in late 2026/early 2027  Project Timelines  Distribution of Units by Income   30% AMI 60% AMI 80% AMI Market Total   Phase I 33 0 17 59 109   Phase II 31 46 35 0 112   Total 64 46 52 59 221   Total % of units 29% 21% 23% 27% 100%  Current Context for Affordable Housing Development - ​ Development costs are increasing, markets are uncertain, and the new Federal budget  could cut HUD funding. - ​ Even with the new Affordable Housing Bond dollars, there are not enough resources to  fund new projects without additional subsidies from other sources. - ​ City CDBG-DR and State CDBG-DR funds will be crucial to making housing projects  viable. - ​ Over the past five or more years, the City and County have often been co-funders of  affordable housing projects. In some cases, the funding was close to equal, and in other  cases, the County took a larger role.  ​ ​  - ​ Buncombe County has expended most of their bond funds and will likely use the  remaining dollars for the projects on County-owned Land (e.g. Coxe Ave). The new  County budget, similar to the City budget, does not have general fund allocations to  affordable housing in FY 26. Usually several million dollars of the County’s budget is  dedicated to affordable housing projects. - ​ The County’s changed role, combined with the City’s CDBG-DR funds, means that the  source of subsidy and decision-making will shift to the City in large part, and also include  the State for projects starting in 2025 and moving forward. - ​ Staff has compiled a comparison of projects to understand the role of public dollars in  bringing affordable housing to fruition.  Project Comparison To understand whether the proposed funding request is a good deal for the City, staff gathered information about several projects that have been recently funded or are being considered for funding. In the table below, there are two 9% LIHTC projects, one 4% LIHTC project, and one project that incorporates both types of tax credit deals.   Coxe Ave  (Bunc Co) Pine Lane Fairhaven 319 Biltmore  (both 4% and Apts (4% Summit Starpoint (Mixed income  9% LIHTC) LIHTC) (9% LIHTC) (9% LIHTC) & 4% LIHTC)  Affordable units 206 units 126 units 77 units 60 units 162 units  Estimated Funding Sources (loans, tax equity, fees) $57,700,000 $38,383,761 $21,226,548 $13,693,541 $60,193,716  Public Funding/Gap $16,800,000 $10,397,065 $3,117,000 $2,401,420 $15,700,000*  Total Development Cost $74,500,000 $48,780,826 $24,343,548 $16,094,961 $70,193,716  Public Funding as % of total (City, County, Fed) 22.55% 21% 12.80% 15% 22.37%  Per unit Total Cost (all units) $361,650 $387,149 $316,150 $268,249 $317,619  Subsidy per Affordable unit $81,553 $82,516 $40,481 $40,024 $96,914* Coxe Avenue estimates do not include the cost of land, nor tax exemption as part of the subsidy LUIG/Tax Exemption for Coxe Avenue, Fairhaven Summit, and 319 Biltmore is not included in the subsidy shown. Without the land used as a subsidy, the subsidy per affordable unit for 319 Biltmore is $61,728.  Comparison Highlights - ​ When compared to other projects, 319 Biltmore aligns with them, especially larger 4%  developments. - ​ Similar or lower cost per unit - ​ A similar percentage of public subsidy is needed overall  ​ ​  - ​ 319 Biltmore subsidy estimate includes the cost of land. - ​ Without the land, the subsidy per unit is $61,728 - ​ The most relevant comparable development is the County’s project at Coxe Avenue, and  subsidy levels are in line with those projections.  Analysis Summary - ​ Construction costs have escalated dramatically since 2022. - ​ Phase I will cost more for the City in the short term, but allows the project to move  forward, and LSR to work on the LIHTC portion (Phase II), which will not have additional  City bond or Housing Trust Fund monies. - ​ The new proposal provides more units of affordable housing than the previous proposal. - ​ LSR is an experienced, qualified developer and is ready to proceed once City financing is  approved. - ​ The land lease structure means that at the end of the lease, the land and improvements  (buildings) will revert to the City’s ownership. - ​ Following TS Helene and the resulting reduction in both affordable and market-rate  housing stock, it is essential that the City maintain progress on the affordable housing  pipeline to mitigate further damage to the market.  Fiscal Impact: - ​ Approval of a Development and Lease Agreement will obligate the City to lease the land  to LSR for 99 years. - ​ Deal approval would allocate $3 million of Housing Trust Fund/ Affordable Housing Bond  funds to the project through a loan with a 20-year term and 2% interest only through cash  flow. - ​ Approval of the deal includes tax grants for both parcels, for up to $100,000/year for 20  years. - ​ The project will very likely apply for CDBG-DR funds for multifamily construction through  the City and the State of NC.  Committee(s): - ​ The Housing and Community Development (HCD) Committee reviewed this item at their  meeting on Tuesday, June 17 and voted 3-0 approval to move forward to City Council.  Pros: - ​ The City will gain approximately 162 new affordable housing units for a period of 40  years. - ​ Approval of the proposal will allow the developer to proceed with Phase I, which will start  construction in Q1/Q2 of 2026. It will also allow the developer to proceed with Phase II  and begin preparing the Low-Income Housing Tax Credit application. - ​ Staff has worked with an experienced consultant who has confirmed this is an  advantageous deal for the City and the community. - ​ The proposal is in line with other current projects regarding subsidies and costs. - ​ The ground lease means that the land and buildings will come back to the City and be  available for rehabilitation or redevelopment at that time.  Cons: - ​ Funds used for 319 Biltmore will not be available for other projects.  ​ ​  - ​ The deal structure means that the City is putting HTF funds up front when the majority of  the affordable units are in Phase II. - ​ The project will need additional funds for Phase II. Those funds will not come from City  tax dollars, but likely from Federal resources (CDBG-DR). The CDBG-DR funding  process will be competitive.  Staff Recommendation: Staff recommends approval of the development proposal which includes: a 99-year lease for City owned Land, 40 year affordability, $3M gap funding at 2% interest only from cashflow for 20 yrs, and a 20-year tax grant as a reimbursement of City portion of property tax paid for each of the two parcels in the development. - ​ The HTF gap funding request will help close a funding gap due to cost escalation as a  result of current market conditions and hurricane impact. - ​ The total public subsidy needed for the project is in line with comparable developments. - ​ Phase I has 50 affordable units (including 33 units serving those at 30% AMI), and can  be started and be placed in service at the end of 2026/early 2027. - ​ The total number of affordable units planned for Phase I and II (50+112=162) is 2.5 times  the original 66 units approved in 2022. - ​ Phase I doesn’t rely on 4% tax credits, and will therefore get under construction much  faster. - ​ Mixed-income development adjacent to Maplecrest Apartments aligns with the initial  vision for the property. - ​ Complies with Policies for Implementing Affordable Housing on City-owned Land. - ​ Provides affordability across 1, 2, and 3-bedroom units, allowing opportunities for  families. - ​ Affirms the 2022 Council decision to sell the property, but now as a ground lease. Per NC  Statutes, lease of city-owned property for longer than 10 years must be treated as a sale  of property.  ​ Ms. Vrutnski said the following are the key takeaways from her presentation: (1) Staff and Laurel Street Residential are presenting a new development deal that addresses current housing challenges, provides more affordable units, and gets the first phase underway in 2026; (2) The affordable housing funding landscape has changed since TS Helene and the City will have a much larger role in projects for the next 2-4 years; (3) It is essential to continue development of affordable housing to assist with recovery from Hurricane Helene. Costs will continue to rise, and time is of the essence; and (4) The revised deal for 319 Biltmore has been vetted by an outside expert, and is recommended by staff, and is in line with other current affordable housing projects and the associated subsidies.  ​ Regarding affordable housing - changing environment, (1) Costs are increasing, markets are not certain, and there are potential cuts to HUD funding in the new budget; (2) Even with the new AH Bond dollars, there are not enough resources to fund new projects without additional subsidy from other sources.; (3) City CDBG-DR and State CDBG-DR funds will be crucial to making housing projects viable; (4) Over the past five or more years, the City and County were often co-funders of affordable housing projects. In some cases the funding was close to equal, in other cases, the County took a larger role - Buncombe County has expended most of their bond funds and will likely use the remaining dollars for the projects on County-owned Land (e.g. Coxe Ave). The new County budget, similar to the City budget does not have general fund allocations to affordable housing in FY 26; (5) The County’s changed role combined with the City’s CDBG-DR funds, means that the source of subsidy and decision-making will shift to the City in large part, and also include the State for projects starting in 2025 and moving forward; and (6) Staff has put together a comparison of projects to understand the role of public dollars in making affordable housing come to fruition.  ​ ​  \f​ Deal structuring in affordable housing, (1) Public subsidies are usually between 10% - 20+% of a project’s total cost: (2) 4% LIHTC projects require more public subsidy than 9% projects; 3) 9% tax credits are used for smaller projects (currently 50 units or less); and (4) Affordable housing developers have to find multiple sources of funding to create a capital stack that allows the project to “pencil.” (a) Lenders require a certain amount of cash flow and debt coverage; (b) Projections include increases in rent over time, but must also provide for operations, maintenance and reserves; (c) Investors require a rate of return and the developer must also make a profit to pay employees and continue their work in the next project; and (d) Costs are increasing, but rents are not escalating in the current market, which increases the gap for projects.  ​ The chart below shows a project comparison - public subsidy needed:   Coxe Ave  (both 4% and Pine Lane Apts Fairhaven Summit Starpoint  9% LIHTC) (4% LIHTC) (9% LIHTC) (9% LIHTC)  Affordable units 206 units 126 units 77 units 60 units  Estimated Funding Sources (loans, tax equity, fees) $57,700,000 $38,383,761 $21,226,548 $13,693,541  Public Funding/Gap $16,800,000 $10,397,065 $3,117,000 $2,401,420  Total Development Cost $74,500,000 $48,780,826 $24,343,548 $16,094,961  Public Funding as % of total (City, County, Fed) 22.55% 21% 12.80% 15%  Per unit Total Cost (all units) $361,650 $387,149 $316,150 $268,249  Per Affordable unit Subsidy $81,553 $82,516 $40,481 $40,024 Note: Coxe Avenue estimates do not include cost of land, nor tax exemption as a part of the subsidy LUIG/Tax Exemption for Coxe Avenue and Fairhaven Summit is not included in the subsidy shown  ​ She showed a chart of the housing needs assessment for 2025. She said (1) Market -Rate: Brand new data shows that the overall vacancy rate for surveyed Asheville multifamily rental units is 4%, which is up from 2.8% in 2019; and (2) Subsidized: Affordable units continue to be in high demand with long wait lists (a) Vacancy rate of 1.4% for tax credit projects; and (b) Vacancy rate of 0.2% for projects with government subsidies (this includes projects where 50% of the residents are at or below 50% AMI).  ​ Regarding 319 Biltmore, (1) 2019 - City Purchased 319 Biltmore 5.3+/- acre site for $5,300,000, appraised at $5,700,000; (2) 2020 - City issued RFP to leverage City owned land for the development of multi-family, mixed use rental development (a) At least 20% of total units must be targeted to 60% AMI Households per policy; and (b) Must include a long-term deed restriction: a minimum of 20 years with a preference for 30 years to preserve affordability; (3) 2020 - City  ​ ​  \fbegan negotiations with the first ranked firm, Homes Urban; (4) Homes Urban ultimately withdrew from the project in early 2022; (5) February 2022 - Staff began negotiations with Laurel Street Residential (LSR); (6) August 2022 - Council approved resolution for 221 unit-development with 66 affordable units; (7) June 2023 - Conditional zoning approved; (8) January 2024 - LSR applied for County AHSP loan funding was not approved (May 2024); (9) 2024-2025 - LSR working on technical review; and (10) Fall 2024 - April 2025 - LSR approached City staff to collaborate on revised proposal to meet City expectations  ​ Regarding LSR, (1) LSR has over 14 years of experience developing high quality affordable and workforce housing; (2) Since its founding in 2011, LSR has developed more than 4,490 units in the South East (NC, SC, GA and VA) with additional 1,065 units under construction or in the pipeline; and (3) LSR is a key partner for municipalities collaborating to provide a comprehensive range of housing focused on community need.  ​ The following is the proposal summary:  Entire Project: 221 units - ​ Phase I - 109 units with 33 project-based vouchers - ​ Phase II - 112 units - 4% LIHTC - ​ 73% of total units are affordable (162) - ​ 29% of total units serve those at 30% AMI  Phase I & II - ​ Ground lease up to 99 years, minimum 75 years - ​ 40-year affordability period - ​ Land and buildings will revert back to the City  Phase I Specifics: - ​ $3,000,000 City HTF gap funding (from the current balance of $1.57M and new bond  funds) - ​ Up to $100,000 Tax Grant/year for 20 years - ​ Start construction in 2026  Phase II Specifics (TBD): - ​ $7 million gap to be filled by other sources (City/State CDBG-DR) - ​ Up to $100,000 Tax Grant/year for 20 yrs - ​ No HTF funds - ​ Start construction in late 2026/early 2027  ​ The chart below shows the Area Medium Income (AMI) distribution for Phase I and II:   30% AMI 60% AMI 80% AMI Market Total   Phase I 33 0 17 59 109   Phase II 31 46 35 0 112   Total 64 46 52 59 221  ​ ​  \f Total % of units 29% 21% 23% 27% 100% - ​ 73% of total units are affordable (162) - ​ 29% of total units serve those at 30% AMI ​ The timeline of Phase I and Phase II are as follows:  Phase I - Mixed Income Housing - ​ June 2025 - Site Control - ​ June 2025 - City HTF Commitment - ​ September 2025 - Architect & Construction Drawings - ​ February 2026 - Building Permit - ​ February 2026 – Financial Closing - ​ February 2026 - Start Construction - ​ August - Oct 2027 - Construction complete  Phase II - LIHTC - Tentative Schedule - ​ June 2025 – Site Control - ​ Oct. 2025/Jan.2026 – Preliminary LIHTC application - ​ Jan. 2026/Aug.2026 – 4% Tax and Bond Allocation - ​ December 2026 – Closing, Permitting, Construction  Potential Source of Gap Funding - ​ Dogwood Foundation/Self-Help AH Loan Fund - ​ City CDBG-DR - ​ State CDBG-DR  ​ Regarding the ground lease’s key elements, (1) Disposition of 319 Biltmore was approved in August 2022 by Council Resolution. Laurel Street is going above and beyond the requirements of that resolution; (2) All leases greater than 10 years are treated as a sale of property under NC law; (3) Land and buildings will revert to the City at the end of the 99 year lease term; (4) The ground lease will outline the use of the property - which will be for affordable and limited market rate housing. Any changes to the use of the property must be re-negotiated with the City; (5) Ground lease will require the property be maintained and kept in good condition; and (6) There will be performance benchmarks built into the ground lease: (a) Date for the construction of Phase I; (b) Date for the construction of Phase II; and (c) If Phase II does not get built, the City would revise the ground lease, take back the property, and then pursue the development of that parcel separately.  ​ The project comparison is as follows: (1) When 319 Biltmore is added into the Project Comparison, it is in line with other projects, especially larger 4% projects (a) Similar or lower cost per unit; and (b) Similar percentage of public subsidy needed overall; (2) 319 Biltmore estimates include the cost of land; (3) Without land, the subsidy per unit is $61,728; and (4) The most relevant analogue is the County’s project at Coxe Avenue and subsidy levels are in line with those projections.  ​ The chart below shows the project comparison:  ​ ​  \f Coxe Ave Fairhaven 319 Biltmore  (both 4% and Pine Lane Apts Summit Starpoint (Mixed income &  9% LIHTC) (4% LIHTC) (9% LIHTC) (9% LIHTC) 4% LIHTC)  Affordable units 206 units 126 units 77 units 60 units 162 units  Estimated Funding Sources (loans, tax equity, fees) $57,700,000 $38,383,761 $21,226,548 $13,693,541 $60,193,716  Public Funding/Gap $16,800,000 $10,397,065 $3,117,000 $2,401,420 $15,700,000*  Total Development Cost $74,500,000 $48,780,826 $24,343,548 $16,094,961 $70,193,716  Public Funding as % of total (City, County, Fed) 22.55% 21% 12.80% 15% 22.37%  Per unit Total Cost (all units) $361,650 $387,149 $316,150 $268,249 $317,619  Per Affordable unit Subsidy $81,553 $82,516 $40,481 $40,024 $96,914* Coxe Avenue estimates do not include land cost, while 319 Biltmore does include land costs. LUIG/Tax Grants/Exemptions for Coxe Avenue, Fairhaven Summit and 319 Biltmore are not included in the subsidies shown.  ​ The analysis is (1) Construction costs have escalated dramatically since 2022; (2) Phase I will cost more for the City in the short term, but allows the project to move forward, and LSR to work on the LIHTC portion (Phase II), which will not have additional City bond or Housing Trust Fund monies; (3) The new proposal provides more units of affordable housing than the previous proposal; (4) LSR is an experienced, qualified developer, and is ready to proceed once City financing is approved; (5) The land lease structure means the City will become the owner of property and improvements at the end of the lease; and (6) Following TS Helene and the resulting reduction in both affordable and market-rate housing stock, it is essential that the City maintain progress on the affordable housing pipeline to mitigate further damage to the market.  ​ Staff’s recommendation is (1) Approve development proposal: (a) A ground lease of up to 99 years for City owned Land, 40-year affordability period; (b) $3M gap funding at 2% interest only from cash flow for 20 years; and (c) Tax grant as a reimbursement of City portion of property tax paid; and (2) Reasons for the recommendation: (a) The HTF request will help close a funding gap due to cost escalation as a result of current market conditions and hurricane impact; (b) Total public subsidy need for the project is in line with comparable developments; (c) Phase I has 50 affordable units (including 33 units serving those at 30% AMI), and can be started and placed in service Q3/Q4 2027; (d) Total planned affordable units for entire Phase I & II (50+112=162) exceeds the original 66-unit City requirement; and (e) Phase I does not rely on 4% tax credits, and will therefore begin construction much sooner.  ​ She then reiterated Council’s goals; fiscal impact; and the pros and cons. Staff’s suggested motion is to recommend that the Asheville City Council authorize the City Manager to  ​ ​  \fnegotiate and enter into a Development and Lease Agreement with Laurel Street Residential for the development of 319 Biltmore, which will include 162 units affordable for 40 years and a ground lease up to 99 years. Additionally, we recommend that City Council approve a $3 million loan to LSR and a tax grant for each parcel up to $100,000 per year for 20 years.  ​ Mr. Lee Cochran thanked City Council for their support for this project.  ​ Vice-Mayor Mosley said that members of Council have been previously furnished with a copy of the resolution and it would not be read.  ​","c":"Zoning & Land Use","mo":"individual","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2025-06-24","mt":"regular","id":"VI-C","ref":"RES 25-148","it":"appointment","t":"Resolution No. 25-148 appointing members to the Asheville-Buncombe Historic Resources Commission","desc":"Vice-Mayor Mosley, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Asheville-Buncombe Historic Resources Commission.   The terms of Sara Groce and Amy Moxley, as members on the A-B Historic Resources Commission expire on July 1, 2025.  ​ The following individuals applied for the vacancies: Kim Dills, Amy Gharst, Nicholas J. Harden, Carole H. Martin and Robert Mays.  ​ The Chair and the staff liaison of the Historic Resources Commission recommend reappointment of Amy Moxley and appointment of Amy Gharst.  ​","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1t-RG4Rkh-jgkfrb2DyKHOVYDM_UdCkxF/view","mat":0,"mr":"no material signals","sq":20},{"d":"2025-07-29","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the worksession held on June 18, 2025, and the formal meeting held on June 24, 2025","desc":"​ ​        Background:  - ​ The City of Asheville is re-envisioning the use of the historic Walton street pool area and  the pool house. The goal of this effort is to integrate modern amenities while respecting  the historic nature of the pool and bathhouse in service of the surrounding neighborhood  and for the enjoyment of generations to come.  - ​ The park was designated as a Local Historic Landmark in October 2022 and  subsequently listed in the National Register of Historic Places in December 2023. These  accolades followed a great deal of community engagement in conjunction with the  proposed improvements to the rest of the park.  - ​ In the Summer of 2024, the Southside United Neighborhood Association (SUNA)  organized a steering committee in a formal agreement with the City of Asheville to  collaborate on a community-driven engagement effort focused on re-envisioning the  historical pool area within the park. After delays from Helene, a community led preference  survey was relaunched on March 31st, to gather ideas, preferences and evaluate use  patterns for the old pool site and building. The survey concluded on May 31, 2025, with  findings posted at https://publicinput.com/walton. A community-shared vision statement  endorsed by SUNA will be available July 31, 2025.  - ​ A Request for Qualifications to solicit design teams for design and engineering of the  Walton Street Park Project was advertised Thursday, March 20, 2025. Four firms  submitted design qualifications for this project: Progressive Architecture Engineering P.A.,  CHA Consulting, Peacock Architects and Urban Design Partners. A team of City  representatives reviewed the teams and ranked them based on qualifications.  - ​ The design team led by Progressive Architecture Engineering P.A., with offices in  Asheville, Charlotte, and Raleigh, was selected as the most qualified firm to  provide design services. Additionally, one of the Progressive team  subconsultants is local to Asheville.  - ​ Progressive Architecture Engineering P.A.’s design fee proposal has been reviewed and  negotiated to $140,000.00  - ​ The scope for this design contract includes: planning, budgeting, design documents,  public meeting attendance, preparing construction documents, and construction oversight  with a goal to improve public space use with a cohesive and inspired design for the  historic Walton Street Park pool area.  - ​ Extensive community engagement was done for this project, led by the community with  assistance from the City.  - ​ Anticipated schedule is for design to start Summer 2025 with design wrapping up in mid-  2026. Construction is anticipated to begin mid-2026 and be complete by mid- 2027.     Vendor Outreach Efforts:  - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which included posting on the State’s Interactive Purchasing System. Two of  the subconsultants are minority owned.  - ​ All A/E design firms on the City’s MWBE list were emailed prior to advertising the project  to inform them of upcoming City of Asheville Design Projects.      ​ ​   https://publicinput.com/walton     Committee(s):  - ​ None    Pro(s):  - ​ By providing an adaptive reuse of the historic Walton pool space, it will celebrate and  honor its historic past and provide a space and / or activity area informed by community  input.     Con(s):  - ​ None    Fiscal Impact:  - ​ Funding for this contract is included in the adopted 2024 GO Bond Capital Budget and is  budgeted under Project Y2503.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-07-29","mt":"regular","id":"B","ref":"RES 25-157","it":"resolution","t":"Resolution authorizing the City Manager to execute a design contract with Progressive Architecture Engineering P.C. for the Walton Street Park (consent item B)","desc":"​ ​        Background:  - ​ The City of Asheville is re-envisioning the use of the historic Walton street pool area and  the pool house. The goal of this effort is to integrate modern amenities while respecting  the historic nature of the pool and bathhouse in service of the surrounding neighborhood  and for the enjoyment of generations to come.  - ​ The park was designated as a Local Historic Landmark in October 2022 and  subsequently listed in the National Register of Historic Places in December 2023. These  accolades followed a great deal of community engagement in conjunction with the  proposed improvements to the rest of the park.  - ​ In the Summer of 2024, the Southside United Neighborhood Association (SUNA)  organized a steering committee in a formal agreement with the City of Asheville to  collaborate on a community-driven engagement effort focused on re-envisioning the  historical pool area within the park. After delays from Helene, a community led preference  survey was relaunched on March 31st, to gather ideas, preferences and evaluate use  patterns for the old pool site and building. The survey concluded on May 31, 2025, with  findings posted at https://publicinput.com/walton. A community-shared vision statement  endorsed by SUNA will be available July 31, 2025.  - ​ A Request for Qualifications to solicit design teams for design and engineering of the  Walton Street Park Project was advertised Thursday, March 20, 2025. Four firms  submitted design qualifications for this project: Progressive Architecture Engineering P.A.,  CHA Consulting, Peacock Architects and Urban Design Partners. A team of City  representatives reviewed the teams and ranked them based on qualifications.  - ​ The design team led by Progressive Architecture Engineering P.A., with offices in  Asheville, Charlotte, and Raleigh, was selected as the most qualified firm to  provide design services. Additionally, one of the Progressive team  subconsultants is local to Asheville.  - ​ Progressive Architecture Engineering P.A.’s design fee proposal has been reviewed and  negotiated to $140,000.00  - ​ The scope for this design contract includes: planning, budgeting, design documents,  public meeting attendance, preparing construction documents, and construction oversight  with a goal to improve public space use with a cohesive and inspired design for the  historic Walton Street Park pool area.  - ​ Extensive community engagement was done for this project, led by the community with  assistance from the City.  - ​ Anticipated schedule is for design to start Summer 2025 with design wrapping up in mid-  2026. Construction is anticipated to begin mid-2026 and be complete by mid- 2027.     Vendor Outreach Efforts:  - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which included posting on the State’s Interactive Purchasing System. Two of  the subconsultants are minority owned.  - ​ All A/E design firms on the City’s MWBE list were emailed prior to advertising the project  to inform them of upcoming City of Asheville Design Projects.      ​ ​   https://publicinput.com/walton     Committee(s):  - ​ None    Pro(s):  - ​ By providing an adaptive reuse of the historic Walton pool space, it will celebrate and  honor its historic past and provide a space and / or activity area informed by community  input.     Con(s):  - ​ None    Fiscal Impact:  - ​ Funding for this contract is included in the adopted 2024 GO Bond Capital Budget and is  budgeted under Project Y2503.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-07-29","mt":"regular","id":"C","ref":"RES 25-158","it":"resolution","t":"Resolution authorizing the City Manager (consent item C)","desc":"Background:  - ​ The approved 2024 Public Safety Facilities Bond measure includes a new fire station in  the East Asheville neighborhood of Oakley. The new fire station will replace the 1960s  era Fire Station #9 at 749 Fairview Road.  - ​ The new fire station will be located at 711 Fairview Road–one block from the existing  station–on the site of the current East Asheville Police Resource Center.  - ​ Once the new fire station is complete, the old Fire Station 9 will be renovated to  be the new East Asheville Police Resource Center.  - ​ As per Council Resolution 07-91, the new fire station will be designed to achieve LEED  Silver certification.  - ​ The project will strive for LEED Gold certification if an energy savings payback period of  less than ten years is achieved for the LEED Gold standard.   ​ ​  - ​ A Request for Qualifications (RFQ) seeking design professionals was issued April 4,  2025, and qualifications were received May 1, 2025. Fourteen design teams submitted  qualifications:  - ​ ADW Architects - Charlotte, NC  - ​ Altura Architects - Asheville, NC  - ​ ARCA Design - Asheville, NC  - ​ Clark Nexsen - Asheville, NC  - ​ Craig Gaulden Davis - Greenville, SC  - ​ Creech & Associates - Charlotte, NC  - ​ Davis Kane Architects - Raleigh, NC  - ​ DP3 Architects - Greenville, SC  - ​ Legerton Architecture - Asheville, NC  - ​ Masters Architecture - Asheville, NC  - ​ Michael Graves - Charlotte, NC  - ​ Passero Engineering & Architecture -   Charlotte, NC  - ​ Peacock Architects - Hendersonville, NC  - ​ Stewart Cooper Newell Architects -   Gastonia, NC  - ​ A committee of City Staff across various departments evaluated the submissions, and   ADW Architects was ranked the most qualified for the project.  - ​ NC general statutes require that municipalities select architectural and engineering firms   on the basis of the best qualified firm for the project. Cost of services is part of contract  negotiations after the selection process.     Vendor Outreach Efforts:  - ​ Staff performed outreach to minority and women owned businesses through solicitation   processes using the NC electronic Vendor Portal (eVP); and requested that submitting  firms outreach to Minority & Women-Owned Business Enterprise (MWBE) service  providers for subconsultant services.  - ​ No MWBE subconsultants were included in the design team with this architect.     Committee(s):  - ​ None    Pro(s):  - ​ This project fulfills one of the Public Safety expectations established in the 2024 bond  referendum.  - ​ The new fire station will provide a healthier and more functional facility for the City’s  firefighters, improved response times, and a greater resource for the community.  - ​ The project will advance the City towards its sustainability goals.    Con(s):  - ​ The new facility will displace the current Oakley Police substation. Once construction  starts the police substation will need a temporary space to operate.     Fiscal Impact:  - ​ Funding for this contract is included in the approved 2024 Public Safety Facilities Bond.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-07-29","mt":"regular","id":"D","ref":"RES 25-149 / ORD 5153","it":"resolution","t":"Resolution authorizing the City Manager (consent item D); budget amendment for the North Fork project","desc":"Background:  - ​ The City of Asheville’s Water Resources Department serves 156,720 customers in  Buncombe and Henderson Counties.  - ​ The Mills River, North Fork and William DeBruhl Water Treatment Plants (WTP) have a  rated production capacity of 43.5 million gallons/day, and provide the drinking water for  the City of Asheville’s water system.  - ​ This system also has connections with Hendersonville, Black Mountain, Biltmore Forest  and Woodfin, and provides water to supplement these systems and their customers.  - ​ The North Fork Water Treatment Plant has a capacity to produce 31 million gallons of  drinking water per day, and provides approximately 70% of the City of Asheville’s drinking  water.  - ​ The North Fork WTP is essential for the City of Asheville’s water system and must remain  in operation 24 hours a day, 7 days a week and 365 days a year to provide drinking  water.  - ​ Due to the pristine nature of the watershed, the City of Asheville water system relies  heavily on sedimentation control through the erosion control that takes place naturally in  a healthy ecosystem.  - ​ The turbidity of the reservoir during Helene was a clear indication that weather events  can have a devastating and unpredictable impact on erosion in the watershed and  sedimentation in the reservoir.  - ​ Throughout the events following Tropical Storm Helene, it became abundantly clear that  measures must be maintained to ensure there is always a direct filtration system in the  water that can be scaled quickly when weather events overwhelm the watershed's ability  to manage erosion.  - ​ Following Tropical Storm Helene, FEMA assigned the US Army Corps of Engineers  (USACE) with a direct federal assistance (DFA) mission to provide a temporary  pretreatment system for the North Fork Water Treatment Plant to reduce turbidity of the  water before entering the treatment plant.  - ​ The USACE Temporary Pretreatment System provides needed redundancy to the North  Fork Water Treatment Plant and the ability to continuously treat and provide potable  drinking water to the City of Asheville water distribution system and surrounding  municipalities.  - ​ The USACE’s DFA mission to manage the Temporary Pretreatment System will end on  August 9, 2025  - ​ This contract would allow the City of Asheville to assume management of a temporary  pretreatment system.     Vendor Outreach Efforts:  - ​ CDM Smith Inc., was chosen by the City of Asheville’s Water Resources Department’s   Water Production Division to provide services for this project.   ​ ​  - ​ The Water Production Division utilized the RFP process to provide a competitive  opportunity for qualified firms and companies.  - ​ CDM Smith Inc., was the only qualified construction company that provided a proposal for  the project.  - ​ No further outreach was undertaken.     Committee(s):  - ​ N/A    Pro(s):  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for our customers.  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to treat  drinking water at the North Fork WTP.  - ​ Provides the North Fork WTP with ability to treat water if the quality has been significantly  changed by storm or flooding events.  - ​ Protects the City of Asheville and Buncombe County from prolonged periods of time  without water due to storm events.       Con(s):  - ​ N/A    Fiscal Impact:  - ​ Estimated cost is approximately $3,075,465.30 per month for year one, with an estimated  year one total of $36,905,583.60. The contract will end upon completion of the North Fork  WTP Permanent System.  - ​ The City has applied for funding through FEMA-Public Assistance and once approved the  cost share will be 90/10 Federal/State.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-07-29","mt":"regular","id":"E","ref":"RES 25-150 / ORD 5154","it":"resolution","t":"Resolution authorizing the City Manager (consent item E); budget amendment for the William project","desc":"​ ​      Background:  - ​ The City of Asheville’s Water Resources Department serves 156,720 customers in   Buncombe and Henderson Counties.  - ​ The Mills River, North Fork and William DeBruhl Water Treatment Plants (WTP) have a   rated production capacity of 43.5 million gallons/day, and provide the drinking water for  the City of Asheville’s water system.  - ​ This system also has connections with Hendersonville, Black Mountain, Biltmore Forest  and Woodfin, and provides water to supplement these systems and their customers.  - ​ The William DeBruhl Water Treatment Plant has a capacity to produce 5 million gallons of  drinking water per day, and provide approximately 17% of the City of Asheville’s drinking  water.  - ​ The William DeBruhl WTP is essential for the City of Asheville’s water system and must  remain in operation 24 hours a day, 7 days a week and 365 days a year to provide  drinking water.  - ​ Due to the pristine nature of the watershed, the City of Asheville water system relies  heavily on sedimentation control through the erosion control that takes place naturally in  a healthy ecosystem.  - ​ The turbidity of the reservoir during Helene was a clear indication that weather events  can have a devastating and unpredictable impact on erosion in the watershed and  sedimentation in the reservoir.  - ​ Throughout the events following Tropical Storm Helene, it became abundantly clear that  measures must be maintained to ensure there is always a direct filtration system in the  water that can be scaled quickly when weather events overwhelm the watershed's ability  to manage erosion.  - ​ Following Tropical Storm Helene, FEMA assigned the US Army Corps of Engineers  (USACE) with a direct federal assistance (DFA) mission to provide a temporary  pretreatment system for the William DeBruhl Water Treatment Plant to reduce turbidity of  the water before entering the treatment plant.  - ​ The USACE Temporary Pretreatment System provides needed redundancy to the William  DeBruhl Treatment Plant and the ability to continuously treat and provide potable drinking  water to the City of Asheville water distribution system and surrounding municipalities.  - ​ The USACE’s direct federal assistance (DFA) mission to manage the Temporary  Pretreatment System will end on August 18, 2025  - ​ This contract would allow the City of Asheville to assume management of a temporary  pretreatment system.         Vendor Outreach Efforts:  - ​ Bering-Weston JV, LLC was chosen by the City of Asheville’s Water Resources   Department’s Water Production Division to provide services for this project.  - ​ The Water Production Division utilized the RFP process to provide a competitive   opportunity for qualified firms and companies.  - ​ Bering-Weston JV, LLC was the only qualified construction company that provided a   proposal.  - ​ No further outreach was undertaken.      Committee(s):  - ​ N/A    Pro(s):   ​ ​  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for our customers.  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to treat  drinking water at theWilliam DeBruhl WTP.  - ​ Provides the William DeBruhl WTP with ability to treat water if the quality has been  significantly changed by storm or flooding events.  - ​ Protects the City of Asheville and Buncombe County from prolonged periods of time  without water due to storm events.     Con(s):    Fiscal Impact:  - ​ Estimated $1,566,854.40 per month in year 1, with an estimated year one total of  $18,802,252.80. The contract will end upon completion of the William DeBruhl WTP  Permanent System.  - ​ The City has applied for funding through FEMA-Public Assistance and once approved the  cost share will be 90/10 Federal/State.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-07-29","mt":"regular","id":"F","ref":"RES 25-151 / ORD 5155","it":"resolution","t":"Resolution authorizing the City Manager (consent item F); budget amendment for the North Fork project","desc":"Background:  - ​ The City of Asheville’s Water Resources Department serves 156,720 customers in  Buncombe and Henderson Counties.  - ​ The Mills River, North Fork and William DeBruhl Water Treatment Plants (WTP) have a  rated production capacity of 43.5 million gallons/day, and provide the drinking water for  the City of Asheville’s water system.  - ​ The North Fork and William DeBruhl Water Treatment Plants have a combined capacity  to produce 36 million gallons of drinking water per day, and provide approximately 80% of  the City of Asheville’s drinking water.  - ​ The North Fork and William DeBruhl Water Treatment Plants are direct filtration plants  that rely on stable low turbidity water from the Burnette and Bee Tree Reservoirs to  produce high quality drinking water for the City of Asheville water distribution system..   ​ ​  - ​ In late September 2024, the City of Asheville experienced unprecedented rainfall both  from Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th, 2024 in relation to Tropical Storm  Helene.  - ​ The North Fork and William DeBruhl Water Treatment Plants, water transmission lines,  watersheds, and reservoirs, were severely impacted resulting in the loss of water service  to much of the City of Asheville and surrounding communities.  - ​ The Treatment Improvements project will provide the North Fork Water Treatment Plant  and staff with the ability to respond quickly to rapidly changing water quality issues much  like those that were experienced during Tropical Storm Helene.  - ​ The Treatment Improvements project will provide sedimentation to the North Fork Water  Treatment Plant, which will provide resilience for the water treatment system and in doing  so will provide added reliance for the customers of the City of Asheville water system.     Vendor Outreach Efforts:  - ​ CDM Smith Inc.Company was chosen by the City of Asheville’s Water Resources  Department to provide professional engineering services for this project.  - ​ The Water Production Division utilized the RFQ process to provide a competitive  opportunity for qualified engineering firms.  - ​ CDM Smith Inc.Company was the most qualified of the six engineering firms that  provided proposals and interviewed for the project.  - ​ No further outreach was undertaken due to the unique and technical aspects of the  required services provided.      Committee(s):  - ​ N/A    Pro(s):  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for our customers.  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to treat  drinking water at the North Fork Water Treatment Plant.  - ​ Provides resilience and robust treatment technologies to provide quality drinking water in  all circumstances.  - ​ The CDM Smith Inc.Company provides expertise in design, installation , and project  management, which requires less time of City of Asheville staff.     Con(s):  - ​ None     Fiscal Impact:  - ​ The contract with CDM Smith Inc. is estimated at $6,205,000, including a $500,000  unspecified additional services contingency for a total of $6,705,000.  - ​ The cost is expected to be reimbursed with a combination of FEMA-Public Assistance  and State of NC funding, with the 90/10 cost share.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-07-29","mt":"regular","id":"G","ref":"RES 25-152 / ORD 5156","it":"resolution","t":"Resolution authorizing the City Manager (consent item G); budget amendment for the William project","desc":"Background:  - ​ The City of Asheville’s Water Resources Department serves 156,720 customers in  Buncombe and Henderson Counties.  - ​ The Mills River, North Fork and William DeBruhl Water Treatment Plants (WTP) have a  rated production capacity of 43.5 million gallons/day, and provide the drinking water for  the City of Asheville’s water system.  - ​ The North Fork and William DeBruhl Water Treatment Plants have a combined capacity  to produce 36 million gallons of drinking water per day, and provide approximately 80% of  the City of Asheville’s drinking water.  - ​ The North Fork and William DeBruhl Water Treatment Plants are direct filtration plants  that rely on stable low turbidity water from the Burnette and Bee Tree Reservoirs to  produce high quality drinking water for the City of Asheville water distribution system..  - ​ In late September 2024, the City of Asheville experienced unprecedented rainfall both  from Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th, 2024 in relation to Tropical Storm  Helene.  - ​ The North Fork and William DeBruhl Water Treatment Plants, water transmission lines,  watersheds, and reservoirs, were severely impacted resulting in the loss of water service  to much of the City of Asheville and surrounding communities.  - ​ The Treatment Improvements project will provide the William DeBruhl Water Treatment  Plant and staff with the ability to respond quickly to rapidly changing water quality issues  much like those that were experienced during Tropical Storm Helene.  - ​ The Treatment Improvements project will provide sedimentation to the William DeBruhl  Water Treatment Plant, which will provide resilience for the water treatment system and in  doing so will provide added reliance for the customers of the City of Asheville water  system.     Vendor Outreach Efforts:  - ​ Garver USA Company was chosen by the City of Asheville’s Water Resources  Department to provide professional engineering services for this project.  - ​ The Water Production Division utilized the RFQ process to provide a competitive  opportunity for qualified engineering firms.  - ​ Garver USA Company was the most qualified of the six engineering firms that provided  proposals and interviewed for the project.  - ​ No further outreach was undertaken due to the unique and technical aspects of the  required services provided.   ​ ​           Committee(s):  - ​ N/A    Pro(s):  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for our customers.  - ​ Maintains the ability of the City of Asheville’s Water Resources Department to treat  drinking water at the William DeBruhl Water Treatment Plant.  - ​ Provides resilience and robust treatment technologies to provide quality drinking water in  all circumstances.  - ​ The Garver USA Company provides expertise in design, installation , and project  management, which requires less time of City of Asheville staff.     Con(s):  - ​ None     Fiscal Impact:  - ​ The contract with Garver USA Company is estimated at $3,078,069.00, including a  $248,399.03 project management and construction contingency for a total of  $3,326,468.03.  - ​ The cost is expected to be reimbursed with a combination of FEMA-Public Assistance  and State of NC funding, with the 90/10 cost share.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-07-29","mt":"regular","id":"H","ref":"RES 25-153","it":"resolution","t":"Resolution authorizing the City Manager (consent item H)","desc":"Background:  - ​ In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene.  - ​ The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.   ​ ​  - ​ In responding to this crisis, the City of Asheville is engaging outside assistance to  address the needs of the community as those needs exceed the capacity of City staff.  - ​ North Fork Auxiliary Spillway is designed to allow excess water from the Burnette Lake to  pass over the fusegates (8) and if necessary sacrifice the fusegates to ensure the  integrity of the earthen dam.  - ​ The large amount of precipitation from TS Helene activated the North Fork Auxiliary  Spillway.  - ​ The second step in the activation is for fusegate four (4) to tip / break apart. This allows  a larger volume of water to pass from the Burnette Lake while maintaining the integrity of  the earthen dam.  - ​ The Auxiliary Spillway operated as designed.  - ​ This contract is for design, construction bidding and administration services to return the   structures to their original functions.  - ​ Assistance with requirements and correspondences of NC Dam Safety.     Vendor Outreach Efforts:  - ​ On March 13, 2025, An emergency RFQ was sent to engineering firms with specialties  associated with earthen dams (geotechnical, structural, contract administration,  construction oversight, etc.).  - ​ Two firms submitted proposals.  - ​ Schnabel Engineering South “Schnabel” was chosen as the most qualified.  - ​ The cost of the proposed contract is $160,700.00 with $16,070.00 contingency for a total   amount not to exceed $176,770.00  - ​ Scope of work covers these main areas:  - ​ Design services for fusegate replacement at the North Fork Dam  - ​ Assistance with bidding for services  - ​ Assistance with requirements and correspondences with NC Dam Safety  - ​ Construction services      Committee(s):  - ​ None    Pro(s):  - ​ Allows the City to quickly address an emergency without delay.     Con(s):  - ​ None     Fiscal Impact:  - ​ The cost $160,700.00 with $16,070.00 contingency for a total of $176,770.00  - ​ Funding is available in the Water Capital Projects Fund. All costs are expected to be   reimbursed by FEMA.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-07-29","mt":"regular","id":"I","ref":"RES 25-154","it":"resolution","t":"Resolution ratifying a contract (consent item I)","desc":"Background:  - ​ The City of Asheville’s Water Resources Department serves 156,720 customers in  Buncombe and Henderson Counties.  - ​ The Mills River, North Fork and William DeBruhl Water Treatment Plants (WTP) have a  rated production capacity of 43.5 million gallons/day, and provide the drinking water for  the City of Asheville’s water system.  - ​ This system also has connections with Hendersonville, Black Mountain, Biltmore Forest  and Woodfin, and provides water to supplement these systems and their customers.  - ​ The North Fork Water Treatment Plant has a capacity to produce 31 million gallons of  drinking water per day, and provides approximately 70% of the City of Asheville’s drinking  water.  - ​ The North Fork WTP is essential for the City of Asheville’s water system and must remain  in operation 24 hours a day, 7 days a week and 365 days a year to provide drinking  water.  - ​ During the immediate aftermath of Tropical Storm Helene, the City of Asheville received  aid through NC Water Warn, to help repair and restore damaged water infrastructure. The  town of Fayetteville provided staff, resources and equipment to assist Asheville in our  restoration, which helped our community and made our recovery possible.     Vendor Outreach Efforts:  - ​ Mutual aid was solicited through the NC Water Warn Network after the devastation from  TS Helene. Several utilities responded to assist. This agreement is with the Fayetteville  PWC who assisted during this time.      Committee(s):  - ​ N/A    Pro(s):  - ​ Repaired the City of Asheville’s Water Resources Department to continue to provide  core services for our customers.     Con(s):  - ​    Fiscal Impact:  - ​ The cost of the mutual aid totalled $342,321.57.  - ​ The services were for the purposes of Tropical Storm Helene-related recovery efforts and   are expected to be fully reimbursed with FEMA-PA funds.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-07-29","mt":"regular","id":"IV-A","ref":"ORD 5159","it":"public_hearing","t":"Continuation of public hearing to rezone 99999 Trade Street from RAD-NT to RM-8","desc":"​ At the June 24, 2025, City Council meeting, City Council held the public hearing for this  matter and continued it to this date.    ​ Principal Planner Will Palmquist said that this is the consideration of an ordinance to  rezone 99999 Trade St from River Arts Form District - Neighborhood Transition (RAD-NT) to  RM-8 Residential Multi-Family Medium Density District. This public hearing was advertised on  June 13 and 20, 2025.    Project Location and Contacts:  - ​ The rezoning petition consists of one property totalling 0.27 acres and located at 99999  Trade St (PIN 9638-98-2953).  - ​ Owner: Brunos LLC.     Summary of Petition:  - ​ The applicant requests a rezoning of one property to the Residential Multi-Family Medium   Density (RM-8) district.   ​ ​  - ​ The property is currently zoned River Arts Form District - Neighborhood Transition  (RAD-NT).  - ​ The property is currently vacant.  - ​ The subject property is designated “Traditional Neighborhood” on the city’s Future Land   Use (FLU) Map. A change to the FLU Map is not required.    Staff Recommendation:  - ​ Staff recommends approval of this rezoning request based on the reasons stated below.  - ​ At the previous City Council meeting on this matter, a neighboring property owner raised   questions about the ownership of a small portion of the property which is a subject of this  rezoning, claiming that it is a public right of way.  - ​ This matter has been discussed with the Applicant and it has been agreed that this  Rezoning Ordinance, if approved, shall not become effective until this ownership issue  has been resolved.     Comprehensive Plan Consistency:  - ​ The proposed rezoning supports a number of goals in the Living Asheville  Comprehensive Plan including:   -​ Increase and Diversify the Housing Supply - by promoting zoning policies to  encourage more housing.   -​ Celebrate the Unique Identity of Neighborhoods Through Creative  Placemaking - by continuing to support contextually appropriate infill  development and a variety of housing types.  - ​ The proposed rezoning is compatible with the Future Land Use designation of  “Traditional Neighborhood” which is described, in part, that “The types of housing can  vary and often include a mix of housing types such as single family with accessory  dwelling units, duplexes, townhomes and multifamily apartments usually located  seamlessly together”.  - ​ Residential Multi-Family High Density (RM-8) is cited as an appropriate zoning district  within the “Traditional Neighborhood” Future Land Use category.     Compatibility Analysis:  - ​ The purpose of the Residential Multi-Family Medium Density (RM-8) district is, “to permit  a full range of medium density multi-family housing types along with single-family  detached and attached residences.  - ​ This district is intended to provide a transitional area between high density single-family  and multi-family areas, and to permit medium density multi-family development in areas  where existing conditions make higher density development inappropriate.  - ​ Non-residential development normally required to provide the basic elements of a  balanced and attractive residential area is also permitted.” (UDO Sec. 7-8-6).  - ​ The proposed rezoning petition is compatible with the surrounding land uses, including:  -​ Residential Medium-Family Medium Density (RM-8) zoned property to the east   and south of the subject property.  -​ River Arts Form District - Neighborhood Transition (RAD-NT) zoned property to   the west and south of the subject property.     Committee(s):   ​ ​  - ​ Planning & Zoning Commission (PZC) - June 4, 2025 - Recommended Approval (Vote  6:0)     Pro(s):  - ​ Provides zoning regulation consistent with the larger WECAN neighborhood, which is   already zoned Residential Multi-Family Medium Density (RM-8).    Con(s):  - ​ A reduction in the diversity of allowed land uses.  - ​ Removal of the form-based code elements in the RAD-NT district which promotes a more   urban and walkable development pattern.  - ​ Reduction in maximum height of adjacent RAD-NT-zoned properties to the north and   west as they would now be adjacent to residentially-zoned properties and limited to 3  stories and 45’ in height, instead of the maximum 4 stories and 55’ in height.     UDO District Comparison     UDO Provision River Arts Form District -  Neighborhood Transition (RAD-NT)   RM-8: Residential Multi-Family  Medium Density   Allowed uses: ●​ Townhouse  - ​ Multi-Family  - ​ Accessory Dwelling Unit  - ​ Limited public, institutional,   recreational, commercial, and retail  uses  - ​ Single-Family Detached  - ​ Duplex  - ​ Townhouse  - ​ Multi-Family  - ​ Accessory Dwelling Unit  - ​ Cottage Development  - ​ Limited public, institutional, and   recreational uses   Density: 8 units per acre 2 units / 4,000 s.f., plus 1 more unit  for each 1,000 s.f.   Structure Size: n/a MF: 4,000 max s.f. footprint, 12,000  s.f. max total size   Lot Size Minimum: n/a Min. 4,000 s.f.   Lot Width Minimum: Min. 100’ Min. 40’   Building Height: 4 stories/55’ OR 3 stories/45’ if adjacent  to RS/RM zoning   Max. 40’   Building Setbacks: Front: 0’ min, 10’ max Front: 15’   Parking None required for residential uses Standard (1 per unit typically)   Bike parking 0.5 per unit (short & long) 0.1 per unit   Build-to-Zone 70% primary street n/a   Transparency 20% residential OR 50%/20% non-res n/a   ​ ​      Sidewalks 8’-wide primary, 6’-wide side Only required if 20+ houses       ​ Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the  future land use map. The Planning & Zoning Commission voted unanimously to approve the  project. On June 24, 2025, City Council voted to continue to allow time to investigate property  ownership matters. He provided a zoning district comparison between the two districts. He  reiterated the pros and cons of the rezoning. Regarding the compatibility analysis, he said the  purpose of the Residential Multi-Family Medium Density (RM-8) district is, “to permit a full range  of medium density multi-family housing types along with single-family detached and attached  residences. This district is intended to provide a transitional area between high density  single-family and multi-family areas, and to permit medium density multi-family development in  areas where existing conditions make higher density development inappropriate. Non-residential  development normally required to provide the basic elements of a balanced and attractive  residential area is also permitted.” (UDO Sec. 7-8-6). The proposed rezoning petition is  compatible with the surrounding land uses, including: Residential Medium-Family Medium  Density (RM-8) zoned property to the east and south of the subject property; and River Arts Form  District - Neighborhood Transition (RAD-NT) zoned property to the west and south of the subject  property. He then explained how the project was consistent with the Living Asheville  Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and  recommends approval of the rezoning. ​He noted that the rezoning ordinance, if approved, shall  not become effective until this ownership issue has been resolved.    ​ In response to Councilwoman Turner, City Attorney Branham said that the downzoning  restriction is on City Council itself without approval or agreement of the property owner. The  applicant can downzone its own property if they wish.    ​ Councilwoman Roney said that she was not inclined to downzone property less than a  half mile from some of the most frequent and late night transit service in the City, and removes  the sidewalk requirements.    ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Hess","r":"passed","ta":"4-2","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":1,"mr":"contested vote","sq":26},{"d":"2025-07-29","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Motion to continue the public hearing to conditionally zone 93 and 95 Springside Drive to August 26, 2025","desc":"","c":"Administrative","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"no material signals","sq":27},{"d":"2025-07-29","mt":"regular","id":"J","ref":"RES 25-155","it":"resolution","t":"Resolution authorizing the City Manager (consent item J)","desc":"Background:  - ​ The Fire Department utilizes third-party software to manage a high volume of critical  records, including incident responses, training and certifications, asset management, fire  inspections, and personnel data.  - ​ To improve data management and analytical capabilities, the department initiated a  formal evaluation of records management system vendors.  - ​ An interdepartmental committee evaluated the proposals and selected ImageTrend, LLC  as the highest-ranked vendor.  - ​ This Software as a Service (SaaS) solution was procured through a competitive Request  for Proposals (RFP) process.  - ​ Vendor proposals were scored based on several variables, which included the vendor’s  ability to meet the City's technical requirements, their implementation plan, overall  experience, and cost-effectiveness.   Vendor Outreach Efforts:  - ​ Staff performed outreach to minority and women-owned businesses in the solicitation   process, which included posting of the RFP on the State’s Electronic Vendor Portal  System.  - ​ Staff attempted to identify MWBE vendors offering this service in the City’s database, but  none were present.     Council Vision 2036 Focus Area(s):  - ​ Connected and Engaged Community    Committee(s):  - ​ N/A    Pro(s):  - ​ The new system is intended to make the process of recording information simpler, faster,  and more accurate; increasing consistent data collection and saving staff time.  - ​ The system will provide better tools to analyze the thousands of records being managed.  This allows the fire department to better identify trends, measure performance, and make  data-driven decisions to improve public safety.     Con(s):  - ​ None     Fiscal Impact:  - ​ The contract is for three years with two one-year options to renew. The contract cost by  year is Year 1 - $89,999.00, Year 2 - $77,521.50, Year 3 - $82,948.01, Optional renewal 1  - $88,754.37 and Optional renewal 2 - $94,967.17. The total contract price, including the  optional renewals, is $434,190.05.  - ​ Funding for this contract is available in the Fire Department operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-07-29","mt":"regular","id":"K","ref":"RES 25-156","it":"resolution","t":"Resolution authorizing the City Manager (consent item K)","desc":"Background:  - ​ The City of Asheville owns real property at PIN #9648-56-7004 and 9648-55-8749,  whose address is 166 Reservoir Road. The City owns a telecommunications tower that is  located on the site, known as the Lower White Fawn Tower.  - ​ The tower is used for public safety equipment, and vacant space is leased to  telecommunications companies for cellular antennas and associated equipment.  - ​ Verizon Wireless has an existing license agreement on the tower, which is not scheduled  to expire until 2028. It may be renewed for five years after that date.  - ​ Verizon Wireless has submitted an application to the Real Estate Office to install  additional equipment on the tower.  - ​ Verizon Wireless was required to perform a structural analysis to determine whether the  tower could support the additional equipment, and it has confirmed that the modifications  are allowed.  - ​ Based on the proposed additional equipment to the tower and market research of  telecom rental rates, City staff recommends an increase in rent in the amount of $475 per  month.  - ​ Currently, Verizon pays $3,843.36 per month, and Verizon has agreed to this increase.     Committee(s):  - ​ None    Pro(s):  - ​ Additional loading on the tower will increase City revenues.  - ​ The long-term commitment from Verizon is a secure future revenue stream for the City.  - ​ Replace outdated equipment while increasing communication resilience as a service.  - ​ The tower weight increases from 1177.9 lbs to 1706.9 lbs, a 45% increase compared to   the weight of the Licensee's existing tower equipment. Total tower and foundation  capacity are at 80%, well within range.     Con(s):  - ​ The City will not be using this additional weight for its own public safety purposes.     Fiscal Impact:  - ​ Revenues will increase by 3% per year to be recorded in the General Fund.   ​ ​","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-07-29","mt":"regular","id":"L","ref":"ORD 5157","it":"ordinance","t":"Budget amendment to accept awarded funds (consent item L)","desc":"Background:  - ​ The City of Asheville is the designated Lead Agency for the Asheville-Buncombe  Continuum of Care (CoC). The CoC oversees homelessness response in Asheville and  Buncombe County.  - ​ The CoC has been invited to participate in a 3-year pilot initiative on homelessness  prevention called Right at Home. Right at Home is seeking to pilot prevention services  (e.g. rental assistance, case management) in 10 communities across the country and has  selected Asheville-Buncombe for inclusion in the pilot.  - ​ The CoC Board unanimously approved this opportunity at its May 8, 2025 meeting.  - ​ The City as the CoC’s Lead Agency submitted the planning grant as authorized by the   CoC Board and by City Council on June 10, 2025, and the grant has been approved.  - ​ The City as the CoC’s Lead Agency will manage the planning grant on the CoC’s behalf   by entering into an agreement with Destination Home SV, a 501(c)3 organization, which  serves as the fiscal manager for the Right at Home partnership.  - ​ The planning grant will add a funded staff position to the Homeless Strategy Division in  the Community and Economic Development Department for project management of the  initiative during both the 6-12 month planning phase and the 3-year implementation  period to deliver homelessness prevention services as developed during the planning  phase, contingent on final approval from the CoC Board and Right at Home.  - ​ Planning is expected to conclude by June 2026 with implementation to begin in July  2026.     Vendor Outreach Efforts:  - ​ N/A     Committee(s):  - ​ Asheville-Buncombe Continuum of Care Board - May 8, 2025 - unanimous approval to   submit a planning grant to participate in the Right at Home initiative    Pro(s):  - ​ Secures new resource for homelessness prevention  - ​ Adds funded project management capacity in Homeless Strategy Division     Con(s):  - ​ None noted   ​ ​        Fiscal Impact:  - ​ This amendment will add $275,000 to the Special Revenue Fund.  - ​ Matching funds will not be required for this grant.","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-07-29","mt":"regular","id":"M","ref":"RES 25-159","it":"resolution","t":"Resolution authorizing the City Manager (consent item M)","desc":"Background:  - ​ The Tropical Storm Helene Hazard Mitigation Program (HMGP) is funded by the Federal   Emergency Management Agency (FEMA). The program uses a state-centric model.  Program priorities are managed at the state level, and funds are distributed to the state  as the primary applicant. Subapplicants (local governments, state agencies, etc.) apply  to the state for project approval, and grant reimbursement.  - ​ The state level program is managed by the NC Division of Emergency Management for  both property acquisition and community infrastructure mitigation projects.  - ​ HMGP is a competitive process open to the entire state with priority given to areas  affected by tropical storm Helene.  - ​ Mitigation project priorities will focus on risk reduction, resilient infrastructure, and  future mitigation planning.  - ​ The deadline to submit letters of interest (LOI) to NCEM is October 31st, 2025, and  the window to apply for specific types of subapplication grants will be opened at  various times as dictated by the state.  - ​ To date, the city has submitted nine LOIs for initial review for projects aligned with the  above mitigation project priorities.  - ​ City staff will submit all grant subapplications for projects based on the readiness of  each submittal.  - ​ Projects funded by this program are required to meet strict eligibility criteria, and most  of the projects must demonstrate cost effectiveness as measured by the FEMA  benefit cost analysis.  - ​ Mitigation projects that lead to construction are anticipated to have a lengthy FEMA  review process, between one to three years. Staff will continue with design and  planning activities to prepare for construction once a letter of award is received.  - ​ The period to complete the project is 48 months, starting at the receipt of a letter of  award.  - ​ Future formal action for City Council, related to awarded projects, will come in the form of  a Budget Amendment to receive the funding, and adjust the CIP.     Council Goal(s) and Priorities:   ​ ​  - ​ Clean, Safe and Healthy Environment  - ​ Financially Resilient  - ​ Thriving Local Economy  - ​ Well-planned and Livable Community   Committee(s):  - ​ Policy, Finance & Infrastructure Worksession   Pro(s):  - ​ Allows the City to participate in the Hazard Mitigation Grant Program, and pursue   projects that mitigate potential hazards caused by natural disasters, or improve  resiliency measures.  - ​ Matching funds are expected to be paid by the State.  - ​ The scale of funding available provides an opportunity to make significant inroads   towards mitigation and resiliency efforts, which may overlap with the City’s broader  goals.   Con(s):  - ​ Program performance schedules are aggressive and will require significant staffing,   and resources to meet deadlines.  - ​ Mitigation projects that lead to construction are anticipated to have a lengthy FEMA   review process, leading to a long waiting period between design and construction.   Fiscal Impact:  - ​ No action at this time. A budget amendment will be presented to City Council for each   individual project grant award.  - ​ All projects will be reimbursement based.  - ​ FEMA requires a 25% match for HMGP community infrastructure mitigation projects.   The City expects that matching funds are to be paid by the state of North Carolina.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-07-29","mt":"regular","id":"N","ref":"RES 25-160 / ORD 5158","it":"resolution","t":"Resolution authorizing the City Manager (consent item N); budget amendment for the Asheville project","desc":"​ ​      nine holes of the Asheville Municipal Golf Course; and approval of a budget amendment in the  amount of not to exceed $1,586,695 to add federal and state funds to the General Capital  Projects Fund.    Background:  - ​ The contract is for design and engineering services to provide stormwater design, golf  course design, resiliency measures and construction administration to reconstruct the  front nine holes of the Asheville Municipal Golf Course.  - ​ The property is on the National Historic Registry of Places.  - ​ The golf course was designed by Donald Ross, a “Golden Age” golf course architect who   recognized the importance of providing affordable and accessible golf opportunities to the  public.  - ​ The Asheville Municipal Golf Course is home to the Skyview Golf Tournament. The  Skyview Golf Association was founded in 1959 in an effort to promote golf competition  among Black golfers throughout the United States. The tournament has been held  annually since 1960 and is a legacy in the golf community.  - ​ The golf course was damaged due to flood waters caused by tropical storm Helene  resulting in the loss of use of the front nine holes, and associated loss of revenue. The  damage was documented with the Federal Emergency Management Agency (FEMA),  and is included as a project under the Public Assistance program.     Contracting Process and Vendor Outreach Efforts:  - ​ This is a qualifications based selection process.  - ​ Staff performed outreach to minority and women owned businesses (MWBE) through   solicitation processes using the NC electronic Vendor Portal (eVP)  - ​ Staff also contacted 12 MWBE vendors directly with notification of upcoming City of   Asheville professional services opportunities, this project being one of the opportunities  on the list  - ​ 11 firms responded to the RFQ, Biohabitats was selected by staff as the best  qualified firm to deliver the requested services.     Council Goal(s) and Priorities:  - ​ A Clean, Safe and Healthy Environment    Committee(s):  - ​ N/A    Pro(s):  - ​ Restoration of a local asset using FEMA funding  - ​ A revenue source for the city is restored  - ​ Opportunity to design for resiliency     Con(s):  - ​ Longer project delivery time with FEMA requirements and review    Fiscal Impact:  - ​ The amount of the design fee contract with a 10% contingency is $1,586,695. It is  expected to be reimbursed by the Federal Emergency Management Agency - Public  Assistance (FEMA-PA) program at 90% and the remaining 10% is expected to be paid by  the state.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-07-29","mt":"regular","id":"O","ref":"RES 25-161","it":"resolution","t":"Resolution authorizing the City Manager (consent item O)","desc":"Actions Requested: Adoption of a resolution authorizing the City Manager to enter into a  contract with United Casualty and Surety Insurance (“the Surety”) to complete the North Carolina  Department of Transportation (NCDOT) funded Transportation Improvement Project (NCDOT  EB-5790) Southside Connectivity Improvements project, with the Completion Contractor, Patton  Construction Group, LLC.    Background:  - ​ Prior Contractor Defaulted:  - ​ On June 8, 2024, a request for bids for construction of an accessibility   improvement project including sidewalk widening along Buchanan Avenue,  Biltmore Avenue and Southside Avenue was advertised with bids due on July 25,  2024.  - ​ Three bids were received, and DanGrady Company, LLC was the lowest  responsive bidder.  - ​ DanGrady Company, LLC met NCDOT responsibility requirements through the  NCDOT prequalification process and was awarded the contract (City Council","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2025-07-29","mt":"regular","id":"P","ref":"RES 25-162","it":"resolution","t":"Resolution authorizing the City Manager (consent item P)","desc":"​ ​      Background:  - ​ In October 2022, the Asheville City Council adopted the GAP Plan. The updated  Greenway Master Plan identifies natural surface trails as a new greenway typology.  Typology assignment defines the experience, width, easement requirements, and other  design characteristics.  - ​ The Asheville Unpaved Guidebook, part of the GAP, provides a framework for  partnerships, construction guidelines, and accessibility requirements for this typology that  will connect users to their natural environment, as well as to other neighborhoods,  transportation hubs, and commercial districts, for a fraction of the cost of traditional  greenway design and construction.  - ​ The AVL Unpaved Alliance (“Alliance”) is a consortium of community partners: Asheville  on Bikes, Connect Buncombe, and Pisgah Area SORBA. Since March 2018, these  nonprofit partners have collaborated with City staff on natural surface trail projects  located on City-owned or City-controlled properties.  - ​ The Alliance has raised the necessary funds for these projects, including a TPDF grant of  $188,355 awarded by the Tourism Development Authority in 2022.  - ​ This pilot project initiative will utilize property controlled by lease or ownership by the City  of Asheville to promote connectivity and equitable access to alternative transportation  and recreation opportunities throughout the city.  - ​ The two trails are:  - ​ French Broad River West Trail, located near the French Broad River Greenway,   and  - ​ Azalea Park Trail, located in Azalea Park  - ​ The Alliance will hire a professional trail builder through an external Request for Proposal  (RFP) process to construct the trails, under the project management of the Alliance, with  oversight from City staff.  - ​ Once built, the Alliance will provide three years of trail maintenance. If both parties agree,  the agreement can be renewed for an additional three years. When this agreement  expires, the City will maintain the trails.  - ​ The trails will be natural surface (dirt) and built to the highest professional trail-building  standards, providing sustainable trails with minimal environmental impact. The trail  construction will also include trailhead kiosks.  - ​ This pilot project initiative will utilize property controlled by lease or ownership by the City  of Asheville and will activate City-controlled properties that are currently not managed.  - ​ During the planning stage for these trails, the City conducted public outreach to adjacent  property owners and neighborhood groups where the trails will be located. The top  concerns of attendees of these meetings were encampments in the woods and impacts  on wildlife.  - ​ Both trail projects were viewed favorably by attendees of the sessions.    Vendor Outreach Efforts:  - ​ N/A. No City funds are being provided for the construction or the first three years of  maintenance for the natural surface trails. All work will be performed by the AVL Unpaved  Alliance (Alliance). It is expected that the Alliance will conduct a Request for Proposals  (RFP) or Bidding process to construct the trails.     Committee(s):  - ​ Planning & Economic Development Committee, June 12, 2023 - informational item as   part of an update on the GAP Plans.  - ​ Multimodal Transportation Commission, June 28, 2023 - informational item as part of an   update on the GAP Plans.  - ​ Greenway Committee, June 1, 2023 - informational item as part of an update on the   GAP Plans.  - ​ Planning and Zoning Commission, June 1, 2022 - presented as part of the adoption of   the GAP Plans - voted unanimously in support of adopting the GAP Plans.    Pro(s):  - ​ The Alliance will construct the natural surface trails on city-owned or controlled property  at no expense to the City and maintain them for a period of three years.     Con(s):  - ​ The City will assume responsibility for maintaining the trails upon the expiration of the  agreement.     Fiscal Impact:  - ​ There is no initial fiscal impact. The Alliance proposes constructing all the proposed  natural surface trails and maintaining them for three years following construction for no  cost.  - ​ After three years, the agreement may be extended or modified, which may include the  trails being included in the Parks and Recreation maintenance inventory.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2025-07-29","mt":"regular","id":"Q","ref":"RES 25-163","it":"resolution","t":"Resolution ratifying the not-to-exceed amount (consent item Q)","desc":"Background:  - ​ Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene and a predecessor heavy rain  event, resulting in catastrophic damage, primarily from the ensuing flooding and  landslides.  - ​ A state of emergency went into effect in Asheville on September 25th in relation to these  damaging storms.  - ​ The equipment and staffing capacity needed for recovery efforts exceeded that which  was available of the City’s internal capacity, rendering it necessary to contract for these  services.  - ​ Contracted services will consist of the hauling and removal of disaster debris.   ​ ​  - ​ General Services Contract 92500520 was executed on June 16, 2025, with Southern  Disaster Recovery, LLC, with a Not-To-Exceed limit of $6,000,000, for the purposes of  Tropical Storm Helene-related recovery efforts.  - ​ This contract was executed under NC State Contract 19-IFB-015120-DAD.  Vendor Outreach Efforts:  - ​ General Services Contract 92500520 with Southern Disaster Recovery, LLC, was  completed under NC State Contract 19-IFB-015120-DAD, thus no outreach efforts were  conducted by the City.      Committee(s):  - ​ None    Pro(s):  - ​ Public Works will be able to continue to contract for services needed to complete Tropical  Storm Helene-related recovery efforts, which exceeds the department’s internal capacity.     Con(s):  - ​ None.     Fiscal Impact:  - ​ The fiscal impact will vary depending upon utilization, but the contract has a  Not-To-Exceed limit of $6,000,000.  - ​ Services rendered will be paid from the funds allocated to Public Works for the purposes  of Tropical Storm Helene-related expenses.  - ​ The contracted services are for the purposes of Tropical Storm Helene-related recovery  efforts and are expected to be eligible for reimbursement at 90% from FEMA and the  remaining 10% from the State.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2025-07-29","mt":"regular","id":"R","ref":"RES 25-164","it":"resolution","t":"Resolution authorizing the City Manager (consent item R)","desc":"Background:  - ​ Over the course of September 26-29, 2024, the City of Asheville experienced  unprecedented rainfall both from Tropical Storm Helene and a predecessor heavy rain  event, resulting in catastrophic damage, primarily from the ensuing flooding and  landslides.  - ​ A state of emergency went into effect in Asheville on September 25th in relation to these  damaging storms.   ​ ​  - ​ The equipment and staffing capacity needed for recovery efforts exceeded that which  was available of the City’s internal capacity, rendering it necessary to contract for these  services.  - ​ General Services Contract 92500474 was executed with DebrisTech, LLC, for a total  authorized not-to-exceed limit of $500,000 for the purposes of Tropical Storm  Helene-related recovery efforts.  - ​ Contracted services consisted of debris monitoring services to oversee the following  processes:  - ​ Remove titled property from City right-of-ways, private property, City property, or  other areas within City limits as directed; and  - ​ Document towing, storage, and disposal processes in accordance with state and  federal regulations, and provide all requested documentation to the City of  Asheville.  - ​ There are now several general debris removal projects being conducted under FEMA’s  Public Assistance Program that will require monitoring, including Richmond Hill Park,  Reed Creek Greenway, Depot Street Box Culvert, and remaining public property punch  list items.  - ​ To account for the monitoring costs associated with these additional projects, the  not-to-exceed limit of the contract is being increased from $500,000 to $1,200,000.     Vendor Outreach Efforts:  - ​ General Services Contract 92500474 with DebrisTech, LLC, was completed under NC  State Contract 19-IFB-015120-DAD, thus no outreach efforts conducted by the City.      Committee(s):  - ​ None    Pro(s):  - ​ Public Works will be able to contract for services needed to complete Tropical Storm  Helene-related recovery efforts, which exceeds the department’s internal capacity.     Con(s):  - ​ None.     Fiscal Impact:  - ​ The fiscal impact will vary depending upon utilization, but will not exceed the limit of  $1,200,000.  - ​ Services rendered will be paid from the funds allocated to Public Works for the purposes  of Tropical Storm Helene-related expenses.  - ​ The contracted services are for the purposes of Tropical Storm Helene-related recovery  efforts and are expected to be eligible for reimbursement at 90% from FEMA and the  remaining 10% from the State.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2025-07-29","mt":"regular","id":"S","ref":"RES 25-165","it":"resolution","t":"Resolution authorizing the City Manager to execute contract amendments with WNC Landscaping LLC and Steri-Clean of NC for the litter program (consent item S)","desc":"Background:  - ​ In 2023, City Council adopted resolutions authorizing the City Manager to enter into 2  contracts for the Litter and Cleanliness Program for a total combined project amount not  to exceed $500,000.  - ​ The Litter and Cleanliness Program contracts are with WNC Landscaping for roadside  and hotspot litter collection and Steri-Clean of NC for biohazardous waste collection.  - ​ The original $500,000 for the program was provided via ARPA grant funding and has  been expended.  - ​ In FY25, additional general fund savings were added to the contracts to extend the  service through the remainder of FY25, bringing the total project amount to $618,640.  - ​ For FY26, $110,000 will initially be added to the WNC Landscaping Roadside Litter and  Hot Spot Collection contract.  - ​ For FY26, $90,000 will initially be added to the Steri-Clean of NC biohazardous waste  collection contract  - ​ As with the original project resolution, the new resolution will authorize the City Manager  to execute any amendments and change orders to adjust the total amount of each  individual contract, as well as change orders for individual contract renewals, within the  new total project not-to-exceed amount of $818,640.     Vendor Outreach Efforts:  - ​ Original funding for this project was provided through a federal grant (ARPA), and  followed federal outreach guidelines for the contracting process.      Committee(s):  - ​ N/A    Pro(s):  - ​ Allows for continuation of litter collection services throughout the City of Asheville.    Con(s):  - ​ Requires utilizing general fund dollars to supplement the original ARPA-funded program.    Fiscal Impact:  - ​ $85,000 from ARPA funding and $115,000 from Public Works Sanitation Division’s FY26  general fund budget","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2025-07-29","mt":"regular","id":"T","ref":"","it":"motion","t":"Motion approving the Board of Alcoholic Beverage Control's travel policy adopted January 26, 2016","desc":"Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its 167 ABC boards to get annual approval of board travel policies from their appointing authorities. Section g (2) of 18B-700 states, “The local board shall annually provide the appointing authority’s written confirmation of such approval…”. The ABC Board approved the current policy on January 26, 2016. In 2021, the ABC Board incorporated all the elements to changes in the City’s Travel Policy, and we made no changes to the current policy. The ABC Board formally requests the City of Asheville’s written confirmation of the Asheville Board of Alcoholic Control Travel Policy.","c":"Boards & Appointments","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2025-07-29","mt":"regular","id":"U","ref":"RES 25-166","it":"appointment","t":"Resolution reappointing Jack Igelman (consent item U)","desc":"Summary Jack Igelman is appointed as a member of the Mills River Partnership Board of Directors, to serve a three-year term, term to expire June 19, 2028, or until Jack Ingelman’s successor has been appointed.","c":"Boards & Appointments","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2025-07-29","mt":"regular","id":"V","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381","desc":"Background:  - ​ Buncombe County currently bills and collects City property taxes  - ​ At the August 22, 2023, meeting, City Council approved an addendum to the existing tax   collection agreement with Buncombe County to ensure that it fully conforms to the  provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue  Act.  - ​ As part of that compliance, the City Council must, on a monthly basis, approve all  property tax releases and refunds that have been approved by the Buncombe County  Board of Commissioners.  - ​ City of Asheville refunds and releases for May and June 2025 are included in the  document.        Pro(s):   - ​ Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.      ​ ​      Con(s):  - ​ None     Fiscal Impact:   - ​ None.    Suggested Motion:  - ​ Motion to adopt City of Asheville property tax refunds and releases for the month of May  and June 2025.     ​ Mayor Manheimer asked for public comments on any item on the Consent Agenda, but  received none.    ​ Mayor Manheimer said that members of Council have been previously furnished with a  copy of the resolutions and ordinances on the Consent Agenda and they would not be read.    ​","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2025-07-29","mt":"special","id":"sp-closed-in","ref":"","it":"other","t":"Motion to go into closed session (4:00 p.m. special meeting)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":2},{"d":"2025-07-29","mt":"special","id":"sp-recess","ref":"","it":"other","t":"Motion to recess the closed session to return to the formal meeting","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":3},{"d":"2025-07-29","mt":"worksession","id":"ws-closed-in","ref":"","it":"other","t":"Motion to go into closed session (worksession)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Mosley","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-07-29","mt":"worksession","id":"ws-closed-out","ref":"","it":"other","t":"Motion to come out of closed session (worksession)","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Mosley","r":"passed","ta":"4-0","cf":"needs_review","u":"https://drive.google.com/file/d/1bhyxFwyAMVQV_lpTDTZjRIN8QtcO9M6U/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-08-26","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the July 24, 2025 worksession and July 29, 2025 formal meeting","desc":"Background: - ​ The proposed North Fork Transmission Main No 3 project has been prioritized by the  Water Resources Department as a needed mitigation project to reduce risks of system  outages as a result of natural disasters and add redundancy to the water distribution  system. - ​ This project as proposed will involve the construction of approximately 30,000’ new  transmission main between the North Fork Water Treatment Plant and a transmission  main interconnection location at Bee Tree Junction, with the possibility of  interconnections to other transmission mains along the route. - ​ The 31 MGD North Fork Water Treatment Plant is located in the eastern portion of the  City of Asheville’s distribution system. - ​ Currently two existing transmission mains connect North Fork into the distribution system  along various roads and cross country sections. Approximately ¾ of a mile downstream  from the North Fork Water Treatment Plant, the two transmission mains pass through an  area where the river gorge is at its most constricted, bound by the roadway, bridge and  natural rock cliff banks. - ​ Between September 25 and 27, 2024, Tropical Storm Helene impacted the region and  upslope-induced rainfall along the Blue Ridge escarpment produced historic flooding and  significant damage to Western North Carolina. - ​ The resulting flooding eroded the roadway shelf and washed away an approximate 2000’  section of the road and the transmission mains at the constricted area and as a result of  the loss of these transmission mains, City of Asheville Water Resources was unable to  distribute water from the North Fork Water Treatment Plant leading to a water outage for  the majority of the service area for 14 days, until the transmission mains were repaired. - ​ A very similar event occurred in 2004 as Tropical Storms Francis and Ivan moved  through the region, leaving the transmission mains destroyed and portions of the City of  Asheville’s water distribution system without water for approximately 7 days. - ​ In the aftermath of Hurricane Helene, it has been determined that a new transmission  main from the City’s primary water treatment plant is needed and it must be routed at a  higher elevation further away from a restricted river corridor to reduce vulnerabilities to  future flooding events. This proposed mitigation project is intended to meet those goals. - ​ Utilizing FEMA’s Hazard Mitigation Grant Program, the Water Resources Department has  applied for funding approval for the development and design of this critical project and ​ ​  \f once approved the cost share will be 75/25, Federal/State. - ​ To meet schedule deadlines and milestones needed for the grant funding an accelerated  design schedule is needed and will require the City of Asheville Water Resources  Department to enter into the professional services contract with Ardurra Group, so  preliminary design and survey can begin, prior to receiving grant funding approval. - ​ To achieve this City of Asheville staff and our consulting partners at Hagarty have  identified $268,000.00 worth of preliminary design work that can be expended prior to  grant approval but would be reimbursable once grants are approved. - ​ It is the desire of the Water Resources Department to encumber the $268,000.00 from  their Capital Improvement Project budget so this contract can be established and the  critical work begun, while State and Federal partners review the grant funding  applications. - ​ Expenditures on the contract will not exceed $268,000.00 until the grant funding is  approved at which time a budget amendment will be proposed to fully fund this  professional services contract.  Vendor Outreach Efforts: - ​ Utilizing a Qualifications Based Selection process, the Water Resources Department  issued a Request for Qualifications on May 9, 2025. - ​ Four responses to the Request for Qualifications were received from the following firms. - ​ Ardurra - ​ GMC - ​ Hazen and Sawyer - ​ SeamonWhiteside - ​ A team of City of Asheville Water Resources staff reviewed and ranked the responses  based on the specific rating criteria, which was outlined in the Request for Qualifications. - ​ Ardurra Group, Inc. was selected as the most qualified firm for the proposed tasks - ​ No other vendor outreach was performed.  Committee(s): - ​ None.  Pro(s): - ​ This project will add a high degree of resilience and redundancy to the City of Asheville  Water Distribution System. - ​ Protects the City of Asheville and Buncombe County from prolonged water outages due  to potential storm events. - ​ Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for our customers.  Con(s): - ​ The proposed project will require significant funding from Federal and State grants to  complete, so there is a risk that expenditures on the project may not get reimbursed if the  grant funding is not approved.  Fiscal Impact: - ​ Estimated contract not to exceed value of $9,741,000.00. It is anticipated grant funding  through FEMA’s Hazard Mitigation Grant Program (HMGP) will be available at a 75/25  Federal / State cost share.  ​ ​  - ​ To advance the contract and begin preliminary design prior to full funding approval, Water  Resources Department will encumber $268,000 from the City of Asheville Water  Resources Department Capital Improvement Project budget for the project and these  funds are fully reimbursable after grant funding approval","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-08-26","mt":"regular","id":"AA","ref":"RES 25-191 / ORD 5167","it":"resolution","t":"Resolution authorizing contract with Sasaki Associates for design and engineering to rebuild the French Broad Riverfront Park system (with budget amendment)","desc":"Background: - ​ In late September 2024, the City of Asheville experienced unprecedented rainfall both  from  Tropical Storm Helene and a predecessor heavy rain event. - ​ A state of emergency covering Asheville was declared on September 25th, 2024 in  relation to Tropical Storm Helene. - ​ It is estimated that storm damage to city-owned infrastructure totals at $1 billion, and that  rebuilding will take years. - ​ The focus of infrastructure recovery, in the short term, is to assess damage and lay the  groundwork for the long-term effort. The City is committed to doing this in a way that  promotes efficiency and ensures maximum use of outside funding sources. - ​ FEMA Public Assistance (FEMA PA) guidance recommends grouping damage  assessment and repair into logical projects. - ​ The French Broad Riverfront Parks have been combined into one FEMA PA project  (#956981) and includes Carrier Park, French Broad River Park, Amboy Riverfront Park,  Craven Street boat access, Jean Webb Park, Wilma Dykeman Greenway, French Broad  Greenway and City owned property at 314 Riverside Drive. - ​ On April 24th, 2025 staff posted a Request for Qualifications  (298-FBRparkRecovery-FY25) for this project soliciting statements of qualifications from  interested design firms for full design services, including a review/inventory damages,  providing resilient design services, cost estimates and FEMA coordination. - ​ Twenty one different statements of qualifications were received from across the country. - ​ A seven member selection committee evaluated and ranked the statements of  qualifications and interviewed two firms. - ​ Sasaki Associates, Inc., with offices in Boston, MA and Denver, CO was selected as the  most qualified firm based on the criteria listed in the RFQ. - ​ Funding for this project is anticipated to come from multiple sources, including FEMA PA,  HMGP and CDBG-DR grants. - ​ The scope of this design contract includes early site investigation, cost estimating, FEMA  coordination, flood modeling, community engagement, and design through the 30%/60%  design phase. - ​ Further Design Development through Construction Administration phases will be issued  through a contract amendment once the design ideas are vetted and funding sources are  more developed.  ​ ​  - ​ The base scope of this phase of the project is to have all landscape improvements and  new building facilities be designed to be compliant with or enable SITES V2 and LEED  V5 certifications. - ​ The schedule of this early project design phase is expected to last through Summer  2026.  Vendor Outreach Efforts: - ​ This is a professional services qualifications based selection process following NCGS  143-64.31 - ​ Staff performed outreach to minority and women owned businesses (MWBE) through  solicitation processes using the NC electronic Vendor Portal (eVP) - ​ Staff also contacted twelve MWBE vendors directly with notification of upcoming City of  Asheville professional services opportunities, this project being one of the opportunities  on the list. - ​ Twenty one firms responded to the RFQ. SASAKI, Inc. was selected as the most  qualified firm based on the criteria listed in the RFQ.  Committee(s): - ​ N/A  Pro(s): - ​ Provides a comprehensive recovery and enhancement design plan to rebuild, mitigate,  and improve Asheville's parks, greenways, and open spaces along the French Broad  Riverfront. - ​ Provides a long-term vision for resiliency and community protection along the riverfront.  Con(s): - ​ None.  Fiscal Impact: - ​ The proposed contract for this project, including contingency, totals $4,856,679. This  amount is expected to be fully offset by reimbursements from a combination of federal  and state sources.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":28},{"d":"2025-08-26","mt":"regular","id":"B","ref":"RES 25-167","it":"resolution","t":"Resolution authorizing engineering design services agreement with Ardurra Group Inc. for the North Fork Transmission Main No. 3","desc":"Background: - ​ The proposed North Fork Transmission Main No 3 project has been prioritized by the  Water Resources Department as a needed mitigation project to reduce risks of system  outages as a result of natural disasters and add redundancy to the water distribution  system. - ​ This project as proposed will involve the construction of approximately 30,000’ new  transmission main between the North Fork Water Treatment Plant and a transmission  main interconnection location at Bee Tree Junction, with the possibility of  interconnections to other transmission mains along the route. - ​ The 31 MGD North Fork Water Treatment Plant is located in the eastern portion of the  City of Asheville’s distribution system. - ​ Currently two existing transmission mains connect North Fork into the distribution system  along various roads and cross country sections. Approximately ¾ of a mile downstream  from the North Fork Water Treatment Plant, the two transmission mains pass through an  area where the river gorge is at its most constricted, bound by the roadway, bridge and  natural rock cliff banks. - ​ Between September 25 and 27, 2024, Tropical Storm Helene impacted the region and  upslope-induced rainfall along the Blue Ridge escarpment produced historic flooding and  significant damage to Western North Carolina. - ​ The resulting flooding eroded the roadway shelf and washed away an approximate 2000’  section of the road and the transmission mains at the constricted area and as a result of  the loss of these transmission mains, City of Asheville Water Resources was unable to  distribute water from the North Fork Water Treatment Plant leading to a water outage for  the majority of the service area for 14 days, until the transmission mains were repaired. - ​ A very similar event occurred in 2004 as Tropical Storms Francis and Ivan moved  through the region, leaving the transmission mains destroyed and portions of the City of  Asheville’s water distribution system without water for approximately 7 days. - ​ In the aftermath of Hurricane Helene, it has been determined that a new transmission  main from the City’s primary water treatment plant is needed and it must be routed at a  higher elevation further away from a restricted river corridor to reduce vulnerabilities to  future flooding events. This proposed mitigation project is intended to meet those goals. - ​ Utilizing FEMA’s Hazard Mitigation Grant Program, the Water Resources Department has  applied for funding approval for the development and design of this critical project and ​ ​  \f once approved the cost share will be 75/25, Federal/State. - ​ To meet schedule deadlines and milestones needed for the grant funding an accelerated  design schedule is needed and will require the City of Asheville Water Resources  Department to enter into the professional services contract with Ardurra Group, so  preliminary design and survey can begin, prior to receiving grant funding approval. - ​ To achieve this City of Asheville staff and our consulting partners at Hagarty have  identified $268,000.00 worth of preliminary design work that can be expended prior to  grant approval but would be reimbursable once grants are approved. - ​ It is the desire of the Water Resources Department to encumber the $268,000.00 from  their Capital Improvement Project budget so this contract can be established and the  critical work begun, while State and Federal partners review the grant funding  applications. - ​ Expenditures on the contract will not exceed $268,000.00 until the grant funding is  approved at which time a budget amendment will be proposed to fully fund this  professional services contract.  Vendor Outreach Efforts: - ​ Utilizing a Qualifications Based Selection process, the Water Resources Department  issued a Request for Qualifications on May 9, 2025. - ​ Four responses to the Request for Qualifications were received from the following firms. - ​ Ardurra - ​ GMC - ​ Hazen and Sawyer - ​ SeamonWhiteside - ​ A team of City of Asheville Water Resources staff reviewed and ranked the responses  based on the specific rating criteria, which was outlined in the Request for Qualifications. - ​ Ardurra Group, Inc. was selected as the most qualified firm for the proposed tasks - ​ No other vendor outreach was performed.  Committee(s): - ​ None.  Pro(s): - ​ This project will add a high degree of resilience and redundancy to the City of Asheville  Water Distribution System. - ​ Protects the City of Asheville and Buncombe County from prolonged water outages due  to potential storm events. - ​ Maintains the ability of the City of Asheville’s Water Resources Department to continue  to provide core services for our customers.  Con(s): - ​ The proposed project will require significant funding from Federal and State grants to  complete, so there is a risk that expenditures on the project may not get reimbursed if the  grant funding is not approved.  Fiscal Impact: - ​ Estimated contract not to exceed value of $9,741,000.00. It is anticipated grant funding  through FEMA’s Hazard Mitigation Grant Program (HMGP) will be available at a 75/25  Federal / State cost share.  ​ ​  - ​ To advance the contract and begin preliminary design prior to full funding approval, Water  Resources Department will encumber $268,000 from the City of Asheville Water  Resources Department Capital Improvement Project budget for the project and these  funds are fully reimbursable after grant funding approval","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-08-26","mt":"regular","id":"BB","ref":"RES 25-192","it":"resolution","t":"Resolution authorizing agreement with NCDOT for design and construction of a temporary bridge across the Swannanoa River near the Gashes Creek Road bridge","desc":"Background: - ​ Tropical Storm Helene caused extensive damage to the existing Gashes Creek Road  bridge/dam due to them being integral to each other. - ​ Following the storm, alternate public access was established utilizing temporary signals  and a narrow section of roadway along Azalea Road East, converting a one-way road  into a two-lane, two-way section. - ​ As other facilities (namely the Nature Center and the JBL Soccer fields with a potential  for 8500 players per weekend day) come back online, traffic volume is escalating and  safety concerns are increasing. - ​ The growing traffic on this temporary two-way section creates increased risk of traffic  incidents or crashes due to constrained pavement widths, and increased emergency  access and response delays. - ​ ABYSA is slated to resume soccer this fall at the JBL soccer fields. - ​ A temporary bridge will reasonably restore the pre-storm traffic pattern which will allow for  acceptable emergency access and response times and relieve traffic congestion related  to the associated activities at the surrounding facilities. - ​ The construction of a temporary bridge in this area is complex and NCDOT has the  capacity, capabilities, and experience designing for and constructing temporary bridges in  western NC. - ​ Staff is currently working on a mutual aid / municipal agreement with NCDOT to perform  the work with the City reimbursing NCDOT for full cost recovery. - ​ Staff is seeking reimbursement through the FEMA PA process. - ​ DOT is initially tasked with reviewing the options for building a temporary bridge in this  location and estimating the cost of any feasible options. - ​ These estimates will be submitted to FEMA for their review and approval prior to moving  forward with the construction of these facilities.  Vendor Outreach Efforts: - ​ This is an emergency protective measure response in which NCDOT has the capacity to  undertake this temporary bridge project through the mutual aid / municipal agreement  process. - ​ Through this agreement, NCDOT will follow all applicable purchasing procedures  including appropriate outreach.  Committee(s): - ​ None  Pro(s): - ​ Execution of this agreement will expedite the construction of a temporary bridge that will  allow for faster emergency response and safer traffic flow.  Con(s): - ​ Construction will cause temporary disruptions in the impacted neighborhood.  Fiscal Impact:  ​ ​  - ​ $3 - 6 Million depending on location, service life, and type of temporary bridge used. This  project is being considered as part of emergency protective measures and will be eligible  for reimbursement through the FEMA PA process.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":29},{"d":"2025-08-26","mt":"regular","id":"C","ref":"RES 25-168","it":"resolution","t":"Resolution authorizing MOU with the Asheville-Buncombe Continuum of Care defining the City's role as lead agency and HMIS lead","desc":"Background: - ​ The Asheville-Buncombe Continuum of Care (CoC) oversees homelessness response in  Asheville and Buncombe County. - ​ CoCs are voluntary planning bodies rather than standalone organizations and designate  Lead Agencies to provide strategic and administrative support. - ​ The Asheville-Buncombe CoC formed via charter approved by its Membership on  February 29, 2024. - ​ The charter named the City of Asheville as the CoC’s designated Lead Agency and  Homeless Management Information System (HMIS) Lead and specified that a  Memorandum of Understanding would be developed between the CoC and City defining  duties, responsibilities and assessment process for each of those roles. - ​ The City’s Homeless Strategy Division fulfills the Lead Agency and HMIS Lead  responsibilities, staffing the CoC and serving as system administrator for the HMIS. - ​ Homeless Strategy Division staff have collaborated with the CoC’s Technical Assistance  provider to draft the MOU, which has been reviewed by the City’s Legal Department and  CoC Board Officers prior to being presented to the CoC Board. - ​ The CoC Board approved the MOU at its August 14, 2025 meeting, codifying the City’s  role as CoC Lead Agency and HMIS Lead. - ​ The CoC will assess the City’s performance in those roles no later than June 30, 2027  based on duties and responsibilities established in the MOU.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ Asheville-Buncombe Continuum of Care Board - August 14, 2025 - unanimous approval  of the MOU - ​ Housing and Community Development - August 19, 2025 - unanimous recommendation  that City Council approve the MOU ​ ​  \fPro(s): - ​ Clarifies the City’s duties and responsibilities in supporting the CoC as its Lead Agency  and HMIS Lead  Con(s): - ​ None noted  Fiscal Impact: - ​ Establishes potential for future revenue via administrative costs for managing CoC  funding as applicable","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-08-26","mt":"regular","id":"CC","ref":"RES 25-193","it":"resolution","t":"Resolution authorizing contract with Herc Rentals Inc. for temporary provision of Parks & Recreation vehicles damaged by Tropical Storm Helene","desc":"Background: - ​ In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a preceding heavy rain event. A state of emergency covering  Asheville was declared on September 25th in relation to Tropical Storm Helene. - ​ Flooding of the Swannanoa River rose to levels that destroyed the park's operations  facility and fleet, located at 81 Thompson Street. - ​ The department followed the outreach and engagement as outlined in the City of  Asheville’s Purchase and Contracting Policy. This entailed following the public bid  process. - ​ The City received 2 submissions from the following contractors: - ​ HERC Rentals, - ​ Monmouth Solutions - ​ The contractor was selected based on the lowest responsive/responsible bid. - ​ The City of Asheville plans to contract with Herc Rentals, Inc. to address the needed fleet  until permanent vehicles can be acquired.  Vendor Outreach Efforts: - ​ Staff performed outreach through solicitation processes which include posting on the  State’s Interactive Purchasing System and requiring prime contractors to perform  outreach to subcontractors in accordance with applicable purchasing policies.  Committee(s): - ​ None  Pro(s): - ​ Allows the City to continue to maintain city parks in a safe, usable condition while waiting  on permanent replacement vehicles.  Con(s): - ​ Non-recoverable operations cost  ​ ​  \fFiscal Impact: - ​ The contract is expected to be fully funded with FY26 Parks & Recreation budget. In  addition to Parks operating funds, the contract will also utilize money in the General  Capital Projects Fund that is historically set aside annually for emergency flood repairs at  Parks and PW facilities and infrastructure.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":30},{"d":"2025-08-26","mt":"regular","id":"D","ref":"RES 25-169","it":"resolution","t":"Resolution authorizing agreement with Buncombe County to accept funding for the City of Asheville Youth Leadership Academy","desc":"Background: - ​ The City of Asheville Youth Leadership Academy (CAYLA) is a program for high school  students that focuses on career exploration, leadership development, and the acquisition  of 21st-century job skills. CAYLA aims to provide young people with work experience in  Asheville, contributing to their future career development. - ​ CAYLA funds the Asheville City Schools Foundation (ACSF) to disburse $2,000  scholarships to graduating CAYLA students to support their continuing education at their  higher learning institution of choice. - ​ CAYLA was first created in 2007 under the direction of Mayor Bellamy. The program  received authorization most recently in 2022, when Council passed resolution 22-182  authorizing the City Manager to execute a Memorandum of Understanding with ACSF to  administer its annual disbursement of CAYLA scholarships for an additional five years. - ​ Buncombe County has offered to provide the City with $65,000 in funding for the purpose  of administering CAYLA activities. - ​ Buncombe County has financially supported the CAYLA program since 2018. - ​ The authorization of this annual agreement with Buncombe County will allow for their  continued financial support for the program.  Vendor Outreach Efforts: - ​ N/A  Council Goal: - ​ Diverse Community - ​ Thriving Local Economy  Committee(s): ​ ​  - ​ N/A  Pro(s): - ​ The Community and Economic Development Department receives $65,000 to administer  the CAYLA program.  Con(s): - ​ None.  Fiscal Impact: - ​ This agreement will result in the City receiving $65,000 to administer the CAYLA  program. This funding is already included in the FY 2025-26 Operating Budget.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-08-26","mt":"regular","id":"DD","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. Gen. Stat. Sec. 105-381 (July 2025)","desc":"Background: - ​ Buncombe County currently bills and collects City property taxes - ​ At the August 22, 2023, meeting, City Council approved an addendum to the existing tax  collection agreement with Buncombe County to ensure that it fully conforms to the  provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue  Act. - ​ As part of that compliance, the City Council must, on a monthly basis, approve all  property tax releases and refunds that have been approved by the Buncombe County  Board of Commissioners. - ​ City of Asheville refunds and releases for July 2025 are included in the document.  Pro(s): - ​ Ensures compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.  Con(s): - ​ None  Fiscal Impact: - ​ None.  Suggested Motion: - ​ Motion to adopt City of Asheville property tax refunds and releases for the month of July  2025.   EE.​ MOTION AUTHORIZING THE MAYOR TO SEND A LETTER TO THE  CHANCELLOR OF THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE  REGARDING THE POTENTIAL DEVELOPMENT OF LAND DESIGNATED AS  A MILLENNIAL CAMPUS.  ​ ​  \f Said letter reads: “On behalf of the Asheville City Council, I am writing to share both our appreciation for UNC Asheville’s vital role in our community and our request for a thoughtful path forward regarding the future of the forested campus land.   “This forested area is more than a scenic resource; it is a cherished natural asset that provides ecological, educational, and emotional value to students, faculty, and the broader Asheville community. It also plays a critical role in stormwater management, biodiversity preservation, carbon sequestration, and urban cooling. In the wake of Tropical Storm Helene and the broader climate challenges facing our region, protecting green space is not only environmentally wise but also essential to Asheville’s public health and resilience goals.   “The Five Points Neighborhood Plan, along with numerous community voices, has consistently expressed a desire to preserve this forest and to foster collaborative stewardship between UNC Asheville and surrounding neighborhoods. We recognize that UNC Asheville faces significant financial challenges, including rising operational costs, declining public funding, and increased competition for students, and we acknowledge the need to explore solutions that ensure the university’s long-term financial sustainability. At the same time, we believe that any decisions regarding this land must strike a balance between institutional needs and the community’s deeply held environmental values.   “We are encouraged that current plans have been paused, and we respectfully request that before any further development or site alterations take place, UNC Asheville establish a more inclusive, transparent, and robust community engagement process. Specifically, we ask that this process be: - Transparent, accessible, and inclusive, engaging both subject matter expertise and diverse community perspectives; - Publicly reported, with outcomes that are thoughtfully considered in final decision-making; and - Designed to ensure that the integrity of the forest - the trees and the ecological functions of the space - is maintained until a final decision has been made.   “The City of Asheville is committed to working in partnership with UNC Asheville, local residents, the soccer community, and other stakeholders to pursue an outcome that honors our community’s values of environmental stewardship and public trust, while also supporting a financially and environmentally sustainable future for the university.   “Thank you for your leadership and for your ongoing commitment to serving both your students and our broader region. We look forward to working with you on a path forward that reflects the best of Asheville’s shared vision for resilience, equity, and sustainability.”   Two individuals thanked City Council for the letter and hoped for their continued support in the future.  ​  Councilwoman Roney thanked the community for organizing and getting the City Council to this point today and the collaborative spirit to move forward on a better plan for our entire community. We are fragile and connected to our eco system after Tropical Storm Helene. We do have a long way to go and she wanted to thank the Save of Woods group for their advocacy.  ​ Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.  ​","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":31},{"d":"2025-08-26","mt":"regular","id":"E","ref":"RES 25-170","it":"resolution","t":"Resolution authorizing general services contract with Tetra Tech Inc. for CDBG-Disaster Recovery implementation consulting services","desc":"Background: - ​ In September 2024, the City of Asheville (City) was severely impacted by Tropical Storm  Helene (DR-4827-NC), producing unprecedented impacts on the City’s infrastructure,  economy, and housing. - ​ When a community’s recovery needs exceed what is available through recovery  resources from FEMA or other federal agencies, Congress may appropriate additional  recovery funding through the United States Department of Housing and Urban  Development’s (HUD) Community Development Block Grant-Disaster Recovery  (CDBG-DR) Program. - ​ HUD allocated $225,010,000 in funds to the City of Asheville on January 16, 2025. - ​ The Community and Economic Development Department issued a Request for Proposals  (RFP) for consultation services to assist the Community Development Division in  implementing these funds for Helene Recovery - ​ After an initial scoring round of proposals received, 4 firms were invited to participate in a  final interview process. Tetra Tech, Inc. scored the highest in both the proposal scoring  and interview scoring phases. - ​ We anticipate Tetra Tech, Inc. to provide long-term, comprehensive services to implement  our (CDBG-DR) allocation. - ​ These services will encompass program management, staff augmentation, grant  compliance and monitoring, environmental reviews, project implementation, and  administrative coordination and support.  Vendor Outreach Efforts:  ​ ​  - ​ Used the City’s competitive procurement process for Federally Funded general services  contracts (298-RFP-CDBG-DRImplement-FY25).  Committee(s): - ​ N/A  Pro(s): - ​ A firm specializing in Disaster Recovery will greatly assist with effective program  implementation.  Con(s): - ​ None.  Fiscal Impact: - ​ The proposed contract for this project, including contingency, totals $8,371,036. This  amount is expected to be fully offset by reimbursements from the CDBG-DR grant.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-08-26","mt":"regular","id":"F","ref":"RES 25-171","it":"resolution","t":"Resolution authorizing contract with CliftonLarsonAllen LLP for internal audit services for CDBG-DR compliance","desc":"Background: - The mission of the City’s Internal Audit Division is to promote efficient, effective, and accountable city government by conducting financial, operational, and compliance audits of all City departments, divisions, and programs. - The City of Asheville has received a Community Development Block Grant - Disaster Recovery (CDBG-DR) allocation of $225,010,000 from the U.S. Department of Housing and Urban Development (HUD). The City has developed an action plan that provides a framework for the expenditures of funds. - Internal auditing and continuous program monitoring for the CDBG-DR are federal requirements and must be in compliance with the Single Audit Act of 1984 and 2 CFR 200 Subpart F – Audit Requirements, the Government Accountability Office Government Auditing Standards and U.S. Department of Housing and Urban Development regulations. - The contractor will perform continuous program monitoring and programmatic and financial audits of the CDBG-DR funding to ensure efficiency of the process and compliance with the CDBG-DR action and implementation plan (forthcoming from a consultant assisting with implementation), as well as all applicable regulations and requirements. - To facilitate the co-sourced Internal Audit model employed by the Division, contracted Internal Audit Services were sought via a Request for Proposals (RFP) in the summer of 2025. - The City received ten RFP responses which were reviewed by a team consisting of City staff. - CliftonLarsonAllen LLP was the highest scoring RFP responder. - Actual costs will be billed on a per-hour basis. Vendor Outreach Efforts: - Not applicable; Federally funded grant opportunity Committee(s): - None Pro(s): - Provides services to support compliance with the requirements of CDBG-DR grant funding. Con(s): - None Fiscal Impact: - The proposed contract for this project totals $1,002,575. This amount will be fully offset by reimbursements from the CDBG-DR grant. Suggested Motion: - Motion to adopt a resolution authorizing the City Manager to enter into a general services contract with CliftonLarsonAllen LLP for CDBG-DR Internal Audit, for a term of six years or until project completion, with total costs not to exceed $1,002,575 over the duration of the contract.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-08-26","mt":"regular","id":"G","ref":"RES 25-172","it":"resolution","t":"Resolution authorizing general services contract with ICF Inc., LLC for HOME-ARP program consulting services","desc":"Background:  ​ ​  - ​ The Asheville Regional Housing Consortium (ARHC) was awarded $4,706,922 in  one-time funding via the HOME - American Rescue Plan (HOME-ARP) Program in 2021 - ​ The Allocation Plan for the HOME-ARP Program funding was approved by the ARHC  and Asheville City Council on March 28, 2023 as part of Resolution No. 23-69 and was  approved by the U.S. Department of Housing and Urban Development (HUD) - ​ The approved Allocation Plan includes $704,979.30 for Administrative and Planning  costs, of which $674,966.49 remains after costs were incurred for the development of the  Allocation Plan itself. - ​ The Community and Economic Development Department issued a Request for Proposals  (RFP) for consultation services to assist the Community Development Division in  implementing these funds for the development of affordable housing and funding  supportive services including case management, mental health, and substance abuse  services. - ​ ICF Incorporated, LLC submitted a proposal in response to the RFP and received the  highest average score from the review committee.  Vendor Outreach Efforts: - ​ Used the City’s competitive procurement process for Federally Funded general services  contracts (298-RFP-HOMEConsulting-FY25).  Committee(s): - ​ N/A  Pro(s): - ​ Will augment staff capacity and bring on seasoned professionals to implement the  HOME-ARP program that will develop affordable housing and implement supportive  services projects.  Con(s): - ​ None.  Fiscal Impact: - ​ The proposed contract for this project, including contingency, totals $516,401. This  amount will be fully offset by reimbursements from the administrative allowance of the  HOME-ARP program grant.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-08-26","mt":"regular","id":"H","ref":"RES 25-173","it":"resolution","t":"Resolution authorizing application to N.C. Small Business Infrastructure Grant Fund for Biltmore Village Historic District infrastructure restoration","desc":"Background: - ​ In Spring of 2025, the NC General Assembly enacted SL 2025-2 known as \"The Disaster  Recovery Act - Part 1\", which included a $55 million funding allocation for infrastructure  that supports small businesses impacted by Tropical Storm Helene. - ​ The subsequent Small Business Infrastructure (SmBIZ) Grant Program is being  administered by the NC Department of Commerce Rural and Economic Development  Division. - ​ The purpose of the grant is to provide financial assistance for recovery and resilience to  communities specifically impacted by Helene by: - ​ restoring and repairing critical infrastructure, - ​ allowing small businesses to resume function and operations to support  economic recovery; and - ​ to assist in restoring or expanding small businesses' ability to attract customers  to business districts to help retain business, expand access, spur private  investment to create stability, and leverage resources to create resiliency and  economic growth. - ​ The grant program defines small businesses as those with 150 or fewer employees. - ​ During Tropical Storm Helene, Biltmore Village was impacted by flooding and debris,  including the public infrastructure. - ​ Biltmore Village is one of Asheville's four (4) local historic overlay districts. - ​ Biltmore Village is one of the City's most-frequented commercial historic areas, and grant  funding to restore and repair the historic infrastructure would aid economic recovery for  the district, and thus the City as a whole. - ​ The original plan for the historic district was laid out in the late 1880s-early 1890s by  renowned architect Richard Morris Hunt, founder of the American Institute of Architects  (AIA), and preeminent landscape architect Frederick Law Olmsted. - ​ The original plan for the district includes historic infrastructure features impacted by  Helene and other causes over time, which includes brick sidewalks, granite curbing,  sewer grates, decorative street lights, and street trees and landscaping. - ​ Pre-Helene, it's estimated that there were around fifty (50) small businesses in Biltmore  Village that were/are served by this infrastructure. - ​ City staff are currently in the early stages of project scoping; it is anticipated that a  phased approach and additional funding sources will be needed to fulfill the larger goal of  rehabilitation of the historic infrastructure throughout the district. - ​ If awarded, these grant funds will be used for design and construction of phase one.  Pro(s): - ​ Funding will be made available for restoring and repairing critical infrastructure in  Biltmore Village.  Con(s): - ​ None.  Fiscal Impact: ​ ​  - ​ The grant application will request ~$2.5 million in funding to complete the initial phase of  the project; it is anticipated that additional funding sources will be needed to complete the  larger goals of the project.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-08-26","mt":"regular","id":"I","ref":"RES 25-174 / ORD 5160","it":"resolution","t":"Resolution authorizing contract with McGill Associates to assess Helene damage to City street light infrastructure in Historic Biltmore Village (with budget amendment)","desc":"Background: - ​ Tropical Storm Helene caused varying levels of damage to the custom, City-owned,  street light infrastructure located in the Biltmore Village Historic District. - ​ The consultant will provide a detailed inventory of necessary repairs and opinions of  probable cost to restore the historic style street lighting. - ​ The street light infrastructure includes both above-ground and below-ground  infrastructure, including underground conduits and wiring, junction boxes, etc. and  above-ground items, including electric meters, disconnects, switches, etc., as well  as the poles, fixtures, bulbs, and associated wiring. - ​ Because the infrastructure is City-owned, the City is seeking to fund the damage  assessment, as well as the ultimate repair of the lighting, through FEMA Public  Assistance grant funds. - ​ In order to maximize the potential for FEMA reimbursement, the City released an RFQ in  April seeking a qualified firm to conduct professional assessments of the street lights  and related infrastructure to determine the extent of storm-related damage, evaluate  the condition and function of each light and corresponding infrastructure, and  provide detailed inventory of necessary repairs and costs, as well as  recommendations for mitigation measures to incorporate into the repairs to prevent  or reduce future damages resulting from flooding/water intrusion. - ​ The City received three 3 responses to the RFQ–McGill Associates, RVE Consulting  Engineers, and Tanko Lighting; McGill Associates was chosen through a qualifications  based selection process as the most qualified to perform the assessment services for  City-owned street lights in Historic Biltmore Village. - ​ The final report from this contract’s assessment will be used as a basis for a future  contract to implement repairs to the street light system. - ​ Draft report delivery is expected 8 weeks after commencement of work. ​ ​  \f Committee(s): - ​ None  Pro(s): - ​ Provides technical expertise for assessment as a critical step toward restoring operation  of Biltmore Village Street Lights. - ​ Minimizes the risk of having reimbursement denied by FEMA. - ​ Provides opportunity to assess options and costs associated with improving the resiliency  of the infrastructure.  Con(s): - ​ Preparation of a damage assessment, report, cost estimates and recommendations for  mitigation options likely results in a longer time horizon for the ultimate repairs taking  place.  Fiscal Impact: - ​ The fiscal impact will depend on the amount of time and materials utilized but will not  exceed the limit of $132,000. - ​ The contracted services are for Tropical Storm Helene related recovery efforts and are  expected to be eligible for reimbursement through the FEMA Public Assistance program.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-08-26","mt":"regular","id":"IV-A","ref":"ORD 5168","it":"public_hearing","t":"Public hearing to conditionally zone 587 Haywood Road to Haywood Road Form District - Corridor and Community Business I - Conditional Zone","desc":"​ Principal Planner Will Palmquist said that this is the consideration of conditionally rezoning property located at 587 Haywood Rd from Haywood Road Form District - Corridor (HR-3) and Community Business II - Conditional Zone (CBII-CZ) to Haywood Road Form District - Corridor (HR-3) and Community Business I - Conditional Zone (CBI-CZ). This public hearing was advertised on August 15 and 22, 2025.  Project Location and Contacts: - ​ The project site consists of one parcel totalling 3.26 acres at 587 Haywood Rd (PIN  9638-35-4182). - ​ Owner name: Trinity United Methodist of Asheville  Summary of Petition:   Project Site - ​ The project site consists of one property totalling 3.26 acres at 587 Haywood Rd. - ​ The property is currently zoned Haywood Road Form District - Corridor (HR-3) and  Community Business II - Conditional Zone (CBII-CZ). - ​ The project site consists of the Trinity United Methodist Church and educational building  at the rear of the church which is currently used for a nightly shelter, community center,  and educational purposes. - ​ The shelter use and associated uses were approved under a Temporary Use Permit  through Code Purple. The applicant is seeking permanent zoning approval for these  uses. - ​ The rear portion of the site was conditionally rezoned by Ord. No. 3995 on July 26, 2011  for the purposes of using the existing educational building as a K-8 school. - ​ Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM), the  site is designated “Traditional Corridor.” A change to the Future Land Use map is not  required.   Overall Project Proposal - ​ The project is seeking an amendment to conditional zoning ordinance No. 3995 to allow  for the new permanent use of the site as a nightly shelter with a maximum of 35 beds, as  well as other uses, including: a community center, barbershop, consignment shop,  preschool, K-12 learning center, a community gathering and training space with a focus  on workforce development. - ​ There is no proposed development or site improvement proposed at the site.  Staff Recommendation: - ​ Staff recommends approval of this conditional zoning amendment request based on the  reasons stated below.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - ​ The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including:  -​ Alleviate Homelessness - by supporting organizations with the mission of  combating homelessness to the greatest extent possible, and strategically  locating services for the homeless so that they are accessible and equitably  distributed throughout the city and region.  -​ Promote Social Equity and Paths to Upward Economic Mobility - by  encouraging partners to promote job placement and workforce development  services in disadvantaged communities, and providing career path mentoring  across all skill and education levels, especially for those living in poverty (p. 199).  ​ ​  - ​ The proposed rezoning is compatible with the proposed Future Land Use designation of  \"Traditional Corridor\", which is proposed, in part, that, “Traditional corridors can be  enhanced with full multimodal access, a broad range of community service uses, parking  located to the side or rear of buildings, higher residential densities that are supported by  transit and wider sidewalks to enhance access to/from neighborhoods.”  Compatibility Analysis: - ​ The proposed use of the site is compatible with the surrounding land uses, including:  -​ Commercial uses located along Haywood Rd located to the east and west of the  site.  -​ Surrounding residential neighborhoods located to the north and south of the site.  Committee(s): - ​ Asheville-Buncombe Continuum of Care (CoC) - August 14, 2025 - Recommended  Approval (Unanimous). - ​ Planning & Zoning Commission (PZC) - August 6, 2025 - Recommended Approval (Vote  6:0)  ​ Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. Regarding the project proposal and conditions, (1) The rear portion of the site was conditionally rezoned by Ord. No. 3995 on July 26, 2011 for the purposes of using the existing educational building as a K-8 school; (2) The shelter use and associated uses were approved under a Temporary Use Permit through Code Purple. The applicant is seeking permanent zoning approval for these uses; (3) The project is seeking an amendment to conditional zoning ordinance No. 3995 to allow for the new permanent use of the site as a nightly shelter with a maximum of 35 beds, as well other uses, including: a community center, barbershop, consignment shop, preschool, K-12 learning community, a community gathering and training space with a focus on workforce development; and (4) There is no proposed development or site improvement proposed at the site. The Planning & Zoning Commission voted unanimously to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  ​ Anna Pizzo of Counterflow described the Safe Shelter program as a program of community and faith leaders coming together to fill the gap in emergency shelters throughout the area. When the program started, it was just during the winter months when the City did not have Code Purple. The goal of Safe Shelter is to keep families together. She said they try to make the locations as safe as possible and didn’t consider them low barrier shelters, but there aren’t many barriers to get in. She then responded to various questions/comments from Council regarding the program; their safety protocols; and their community outreach.  ​ Councilwoman Turner expressed concern about allowing the temporary nature of the program to become permanent, and then allowing them to grow, especially with all the concerns expressed by West Asheville residents.  ​ When Councilwoman Turner asked what would happen if the conditional zoning was not approved, Ms. Pizzo said they would only be able to operate during the winter months. ​ In addition, Mr. Palmquist said that under a temporary use permit, the permit is capped at 180 days  ​ ​  \fand the number of people allowed are 19. If the conditional zoning was not issued, the property would be in violation.  ​ In response to Councilwoman Ullman, City Manager Campbell explained what the Continuum of Care is doing to address concerns in West Asheville. City Manager Campbell stressed that this cannot be a City issue alone.  ​ Mayor Manheimer said that our north star is the study we had done with Buncombe County about what our needs are to address homelessness in Asheville and Buncombe County. She felt this program fits into the conclusions of that study.  ​ Councilman Hess stressed that this is a public safety issue.  ​ Mayor Manheimer opened the public hearing at 6:44 p.m.  ​ Two individuals spoke in support of allowing Safe Shelter to continue their important work, while one individual voiced concerns of trash, needles, and aggressiveness towards those walking in the area.  ​ Mayor Manheimer closed the public hearing at 6:51 p.m.  ​ Councilwoman Roney said that she hears the concerns expressed, and as a member of the Continuum of Care, she understands we are struggling with the reality of not enough resources or houses, and behavior and substance issues. She felt this Safe Shelter program is one of the solutions.  ​ Mayor Manheimer noted that we created the Continuum of Care and want to honor their work. She felt it was important to support their recommendation of supporting this conditional zoning. She also noted that the Continuum of Care has created a committee to try to address issues in West Asheville.  ​ Councilwoman Turner said she would not be able to support this conditional zoning request, but wants the organization to succeed. She continues to have concerns about the West Asheville area and the City’s role in managing the concerns.  ​ Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.  ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":32},{"d":"2025-08-26","mt":"regular","id":"IV-B","ref":"ORD 5169","it":"ordinance","t":"Ordinance No. 5169 to conditionally zone 93 and 95 [Merrimon Avenue area]","desc":"​ Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 93 and 95 Springside Rd from RS-4 Residential Single-Family Medium Density to RS-4-CZ Residential Single-Family Medium Density - Conditional Zone. This public hearing was advertised on July 11 and 18, 2025. On July 29, 2025, this public hearing was continued to this date, at the applicant’s request.  Project Location and Contacts: - ​ The project site consists of two (2) parcels and totals 5.82 acres at 93 & 95 Springside  Rd (PINs 9645-82-9276 and 9645-91-0920). - ​ Owner names: Brenda Moody, Beverly Wood, and Barbara Weinkle  Summary of Petition:  Project Site - ​ The project site consists of two (2) properties totalling 5.82 acres at 93 & 95 Springside  Rd. - ​ The site is currently zoned Residential Single-Family Medium Density (RS-4). - ​ The site is currently wooded and vacant. - ​ The site slopes steeply uphill from Springside Rd to the north. - ​ Portions of the site are above 2200’ in elevation but the overall grade of the site is  13.76% and therefore below the 15% grade that would trigger the Steep Slope and  Ridgetop Development requirements found in UDO Sec. 7-12-4. - ​ Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM), the  site is designated “Residential Neighborhood.” A change to the Future Land Use map is  not required.   Overall Project Proposal - ​ The project proposes a subdivision of the site into 36 lots. - ​ The project is seeking a conditional zoning for technical modifications to the underlying  Single-Family Medium Density (RS-4) district, including standards relating to 1) minimum  lot size, 2) minimum lot width, 3) minimum setbacks, and 4) required street trees.   Access, Sidewalks and Parking - ​ Access to the subdivision is proposed by two new access points off of Springside Rd: - ​ A new private roadway “A” accessing lots 1 through 33. - ​ A new private roadway “B” accessing lots 34 through 36. - ​ New sidewalks are proposed along the north side of Springside Rd as well as along both  sides of Private Road A. The sidewalks are proposed to be a minimum of 5’-wide with a  minimum 5’-wide utility strip. - ​ A crosswalk with a warning signal and/or raised surface is proposed across Springside  Rd adjacent to the project site. The final placement and design will be reviewed in  consultation with the City Traffic Engineer.  ​ ​  \f UDO Compliance  UDO Provision Requirement (RS-4) Proposed (RS-4 - CZ)  Gross Floor Area: n/a 36 SFD units  Density: n/a 6.2 units/acre  Lot Size Minimum: 8,000 sq. ft. 3,040 sq. ft. to 12,163 sq. ft.  Lot Width Minimum: 60’ 38’ to 106 ‘  Building Height(s): 40’ max 32’  Building Setbacks: Front: 25’ but may be reduced to 15’ in Front: 15’  designated steep slope zones Rear: 6’  Rear: 25’ Side: 6’  Side: 10’  Vehicle Parking Spaces: 2 spaces min, 3 spaces max per = 72 2 spaces per unit = 72 spaces total  minimum and 108 maximum  Bicycle Parking Spaces: n/a n/a  Open Space: 15% of site (38,862sq. ft.) 49,530 sq. ft.  Impervious Surface Area: n/a 42.8%  Sidewalks: 5’-wide sidewalks with 5’ to 8’-wide utility 5’-wide sidewalks with 5’-wide utility  strips strips  Tree Canopy Resource District: Suburban Total Requirement: 45,634 SF - 18% Preservation: Class: Class C Preserved: 30,540 SF - 12%​  Existing Canopy: 78.1% Planting: 15,211 SF - 6%  15% if preserved, 30% if planted   Street Trees: One small maturing tree  per 30 linear feet if overhead utilities  Property Line Does not apply  are present, OR one large maturing  Buffer  tree per 40 linear feet if overhead Applicable Landscaping utilities are not present.  Street Buffer Does not apply Standards  Screening: To be determined based  Street Trees Does apply  on final retaining wall heights,  materials, and proximity to roadways.  Parking Does not apply  Landscaping   Building Does not apply  Landscaping   Screening TBD   ​ ​  \fTechnical Modifications - The project is seeking technical modifications to development standards through the conditional zoning process, including: - ​ Minimum lot size of 3,040 square feet instead of the required 8,000 square feet. - ​ Minimum lot width of 38 feet instead of the required 60 feet. - ​ Minimum front, side, rear setbacks of 15 feet, 6 feet, and 6 feet, respectively, instead of  the required 25 feet, 10 feet, and 25 feet. - ​ No street trees along “Private Road B.”  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - ​ The proposed development supports the following goals in the Living Asheville  Comprehensive Plan:  -​ Make Streets More Walkable, Comfortable and Connected- by eliminating  gaps in the sidewalk network..  -​ The project proposes new sidewalk along the north side of Springside Rd  -​ Mitigate Flooding and Erosion - by maintaining and enhancing buffers and  open space preservation along creeks, streams and rivers.  -​ The project maintains the required 30’-wide riparian buffer along the  stream along the eastern side of the site and designates a majority of this  area as perpetually-maintained open space. - ​ The proposed development partially supports the following goals in the Living Asheville  Comprehensive Plan:  -​ Encourage Responsible Growth - by prioritizing greater densities of  development overall, throughout the city as appropriate, as a means of achieving  more walkable and efficient urban environments and as a tool to help protect and  preserve open space and the natural environment, and by incentivizing  development that protects the natural environment including natural open space,  steep topography and riparian areas.  -​ While the project proposes single-family houses at a higher density than  the current zoning would otherwise allow, it could reduce the footprint of  the development by exploring different building types such as duplexes,  townhomes, and small-scale multi-family in order to provide the same  number of housing units while disturbing less of the overall site.  -​ Celebrate the Unique Identity of Neighborhoods Through Creative  Placemaking - by supporting contextually appropriate infill development and a  variety of housing types.  -​ The proposed single-family houses are consistent with the land use of  the surrounding residential neighborhoods. However, the proposed lot  area, width, and setbacks are at a much denser form than adjacent  neighborhoods, and may not fit the surrounding context.  -​ Promote General Health and Wellness - by promoting accessibility to parks  and open spaces to encourage their use for health, wellness and recreation.  -​ The project proposes open space in the form of both natural open space  and recreational open space. The recreational open space could be  enhanced by the project providing specific programming and uses such  as playgrounds and small-scale recreational facilities.  ​ ​  - ​ The proposed development does not support the following goals in the Living Asheville  Comprehensive Plan:  -​ Increase and Diversify the Housing Supply - by ensuring that affordable  housing is equitably distributed throughout the city and encourage mixed-income  developments and communities.  -​ The project does not propose any level of affordable housing  consideration in the form of lower rents or sale prices.  -​ Protect Land and Water Assets - by locating development to minimize  environmental impact, including environmentally sensitive areas such as steep  slopes, mature forests, intact native ecosystems, and wetlands, and by clustering  buildings within these areas to minimize road construction and preserve open  spaces and wildlife habitats.  -​ The project is laid out in a manner which disturbs virtually the entire site  and requires a significant new roadway which impacts the existing  natural state of the site and increases the impervious surface. - ​ The proposed development is compatible with the Future Land Use designations of  “Residential Neighborhood”, which is described, in part, as: “Mainly consisting of single  family housing,” and that, “Over time, residential neighborhoods can benefit from having  more housing diversity such as accessory apartments, duplexes and other types of  small-scale infill housing”. - ​ Residential densities within the Residential Neighborhood Future Land  Use Category may approach 3-5 units/acre. The proposed development  is slightly higher at 6.2 units/acre.  Compatibility Analysis: - ​ The proposed project is partially compatible with the surrounding land uses, including:  -​ Existing residential neighborhoods to the north, east, and south zoned  Residential Single-Family Medium Density District (RS-4).  -​ Staff finds the proposed subdivision to resemble more closely the  Residential Single-Family High Density District (RS-8).  -​ Existing residential neighborhoods to southwest zoned Residential Single-Family  High Density District (RS-8).  -​ Institutional land uses to the south, including T.C. Roberson High School.  Committee(s): - ​ Technical Review Committee (TRC) - February 17, 2025 - Approved with conditions. - ​ Planning and Zoning Commission (PZC) - April 2, 2025 - Continued. The commission  discussed the compatibility of the proposed development with the surrounding area,  focusing on density, traffic safety, and environmental impact. As part of the continuance,  they requested the applicant to consider the community’s recommendations, including  more community engagement and design modifications. - ​ Planning and Zoning Commission (PZC) - May 7, 2025 - Approved (Vote 4:2) with the  following conditions: 1) That the maximum building height be 40’ as prescribed in the  RS-4 zoning district; 2) That the post-construction impervious surface area not exceed  45%; 3) That a crosswalk with a warning signal and/or raised surface be installed across  ​ ​  \f Springside Rd adjacent to the project site, in consultation with the City Traffic Engineer  regarding final design and placement; and, 4) That the size of the stormwater system be  designed to detain a 25-year storm event.  Staff Recommendation: - ​ Staff recommends approval of this rezoning request based on the reasons stated above  while noting that the project’s consistency with the Comprehensive Plan could be  enhanced by changes to the project that reduce the overall footprint of the development,  increase the amount and quality of open space and landscaping, and provide for a more  mixed-income community. - ​ No information submitted on the price range of the future houses, so assuming market  rate. - ​ It has recently come to Staff’s attention that a legal action has been filed contesting  ownership of a small portion of the property to be conditionally rezoned. This matter has  been discussed with the Applicant and it has been agreed that this Conditional Zoning  Ordinance, if approved, shall not go into effect until this ownership issue has been  resolved.  ​ Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) 35-lot single-family detached subdivision; (2) New “Private Road A”; (3) New sidewalks along north side of Springside Rd and west side of Private Road A; and (4) Crosswalk with a warning signal and/or raised surface is proposed across Springside Road. Technical modifications are requested for: (1) Minimum lot size - 3,040 SF (smallest) instead of 8,000 SF; (2) Minimum lot width - 38’ (smallest) instead of 60’; (3) Minimum setbacks - Front, Side, Rear of 15’, 6’, 6’, instead of 25’, 10’, 25’; and (4) Sidewalk construction - No new sidewalk on east side of Road A. Regarding the landscape plan, (1) 12 small maturing trees along Springside Rd (overhead utility lines present); (2) 44 large maturing trees along Private Roadway A (no overhead utility lines present); (3) No street trees proposed along eastern roadway stub; and (4) Open Space - Required: 38,028 SF; Proposed: 47,530 SF. Regarding the conceptual tree canopy preservation plan, (1) Existing Tree Canopy: 78.5%; and (2) Total Requirement: 18% - Preserved: 12% - New Planting: 6%. Regarding the conceptual grading plan, (1) 10’-wide area to remain undisturbed; and (2) Stormtech stormwater system designed to detain a 25-year storm event.  ​ Technical modifications include (1) Minimum lot size of 3,040 square feet instead of the required 8,000 square feet; (2) Minimum lot width of 38 feet instead of the required 60 feet; (3) Minimum front, side, rear setbacks of 15 feet, 6 feet, and 6 feet, respectively, instead of the required 25 feet, 10 feet, and 25 feet; (4) No sidewalk on east side of Private Road A; and (5) No street trees proposed along eastern roadway stub. Project conditions include (1) A crosswalk with a warning signal and/or raised surface will be installed across Springside Rd adjacent to the project site, in consultation with the City Traffic Engineer regarding final design and placement; (2) The size of the stormwater system will be designed to detain a 25-year storm event; and (3) In lieu of a sidewalk on the east side of the main road to be constructed, Applicant will deposit the cost of construction (calculated at $35 per linear foot times 620 feet = $21,700) into a designated fund to be used exclusively for future construction of a sidewalk by the City of Asheville along Springside Rd. He then showed concept drawings from the front and rear views.  ​ The following was the review process: (1) Technical Review Committee (TRC) - February 17, 2025 - Approved with conditions; (2) Planning and Zoning Commission (PZC) - April 2, 2025 - Continued. The commission discussed the compatibility of the proposed development with the surrounding area, focusing on density, traffic safety, and environmental impact. As part of the continuance, they requested the applicant to consider the community’s recommendations, including more community engagement and design modifications; and (3) Planning and Zoning Commission (PZC) - May 7, 2025 - Approved (Vote 4:2) with the following conditions: 1) That the ​ ​  \fmaximum building height be 40’ as prescribed in the RS-4 zoning district; 2) That the post-construction impervious surface area not exceed 45%; 3) That a crosswalk with a warning signal and/or raised surface be installed across Springside Rd adjacent to the project site, in consultation with the City Traffic Engineer regarding final design and placement; and, 4) That the size of the stormwater system be designed to detain a 25-year storm event.  ​ Regarding the Living Asheville Comprehensive Plan (1) Consistent with the Future Land Use designation of “Residential Neighborhood”, which is described, in part, as: “Mainly consisting of single family housing,” and that, “Over time, residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of small-scale infill housing”. Residential densities within the Residential Neighborhood Future Land Use Category may approach 3-5 units/acre. The proposed development is slightly higher at 6.0 units/acre. The project supports the following goals in the Plan: (1) Make Streets More Walkable, Comfortable and Connected - by eliminating gaps in the city-wide sidewalk network; and (2) Mitigate Flooding and Erosion - by maintaining and enhancing buffers and open space preservation along creeks, streams and rivers. The project partially supports the following goals in the Plan: (1) Encourage Responsible Growth - by prioritizing greater densities of development overall, throughout the city as appropriate, as a means of achieving more walkable and efficient urban environments and as a tool to help protect and preserve open space and the natural environment, and by incentivizing development that protects the natural environment including natural open space, steep topography and riparian areas; (2) Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking - by supporting contextually appropriate infill development and a variety of housing types; and (3) Promote General Health and Wellness - by promoting accessibility to parks and open spaces to encourage their use for health, wellness and recreation. The project does not support the following goals in the Plan: (1) Increase and Diversify the Housing Supply - by ensuring that affordable housing is equitably distributed throughout the city and encourage mixed-income developments and communities; and (2) Protect Land and Water Assets - by locating development to minimize environmental impact, including environmentally sensitive areas such as steep slopes, mature forests, intact native ecosystems, and wetlands, and by clustering buildings within these areas to minimize road construction and preserve open spaces and wildlife habitats.  ​ Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning while noting that the project’s consistency with the Comprehensive Plan could be enhanced by changes to the project that reduce the overall footprint of the development, increase the amount and quality of open space and landscaping, and provide for a more mixed-income community. It has recently come to Staff’s attention that a legal action has been filed contesting ownership of a small portion of the property to be conditionally rezoned. This matter has been discussed with the Applicant and it has been agreed that this Conditional Zoning Ordinance, if approved, shall not go into effect until this ownership issue has been resolved. Mr. Palmquist noted that all the Planning & Zoning Commission’s concerns have been addressed by the applicant in the project conditions.  ​ In response to Councilwoman Roney, Christopher Cairns, the City’s Traffic Engineer, said that Springside Road is 20 projects down on the priority list and this contribution by the applicant would not have any effect on the priority list. He noted that Springside Road is number 2 on the project corridor; however, that is a big project and he didn’t know when that project would occur. Councilwoman Turner noted that City Council could address this in next year’s 5-year Capital Improvement Program budget.  ​ In response to Councilwoman Turner about the ownership issue timeline, City Attorney Branham said that any approved conditional zoning will be valid for five years.  ​ ​  \f​ In response to Councilwoman Ullman, Mr. Cairnes said that regarding the crosswalk with the warning signal, safety of pedestrians is the goal. He will have to investigate the site before giving a final recommendation on the design and placement, again noting that the safety of pedestrians is of the utmost importance.  ​ Mr. Palmquist responded when Mayor Manheimer pointed out that if any applicant builds single family homes at market rate, we will never reach the City’s goal of “increase and diversity of the housing supply” in our Comprehensive Plan.  ​ Mayor Manheimer felt that the two outstanding issues from the neighborhood were (1) increasing the buffer along the north property line to 20 feet with 10 feet being undisturbed between Lots 1 and 10; and (2) request that the entrance shift south a few feet for the safety location.  ​ Mr. Wesley Greene, applicant, felt this project is an excellent way to increase the housing stock. The location is ideal with all the businesses, and schools in the immediate area. He said this location has been on the market for 5 years and 35 homes on this site will be small homes within the $400,000 price point. He felt this is missing middle infill.  ​ Mr. Derek Allen, attorney representing the applicant, said that they have been working on this project since January, 2025. He said that the City needs diversity in all housing. He then outlined the several changes to the site plan since their original applicant. He agreed that he felt there were only two outstanding issues from the neighborhood but explained why they could not agree to the 20 foot buffer along the north property line.  ​ Mayor Manheimer opened the public hearing at 8:02 p.m.  ​ Eight individuals spoke in opposition to the conditional zoning for various reasons, some being, but are not limited to: safety; the project is not aligned with (1) Asheville zoning regulations and standards; (2) Missing Middle Housing Initiative; (3) The Bowen Report; (4) The Asheville 5x5 Economic Growth Plan; and (5) Asheville Comprehensive Plan; congestion of an already congested road; there is an existing overburdened infrastructure; people down from the area will be flooded; existing difficult traffic situation with 4 schools in the immediate area; project prioritizes housing instead of safety; the applicant does not have clear title for the property; project does not align with the intent of RS-4 zoning; there is no clear public benefit of this conditional zoning project; and introducing an many new vehicles to the narrow and curvy Springside Road is dangerous.   Two individuals spoke about the slight approval of the community vote, noting that it is a better plan than what was originally presented.   Two individuals spoke in support of the conditional zoning for various reasons, some being, but are not limited to: opportunity for homeownership; and the need for housing.  ​ Mayor Manheimer closed the public hearing at 8:49 p.m.  ​ There was considerable discussion between the neighborhood representative Suzanne Godsey and Mr. Allen and the development team to try to come to an acceptable agreement.  ​ It was agreeable to Ms. Godsey and Mr. Allen that the following two additional conditions be added to the project conditions: (1) The Project will provide a 20'-wide buffer along the western property boundary of lots 1-10, specifically comprised of an undisturbed 10'-wide buffer at the rear of lots 1-10 where tree removal and grading is prohibited, and an additional 10' buffer  ​ ​  \ffrom the undisturbed buffer to the building envelope. The Type A planting requirements will be made within this 20' buffer including allowing planting within the 10' undisturbed area. Existing vegetation can be used to satisfy the Type A planting buffer requirements; and (2) The entrance road and crosswalk shall be located in coordination with the City's traffic engineer at the safest possible location.  ​ Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.  ​","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Smith","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":33},{"d":"2025-08-26","mt":"regular","id":"J","ref":"RES 25-175","it":"resolution","t":"Resolution authorizing contract change orders for annual payments to Buncombe County for public safety interoperability and county ID bureau interlocal agreements","desc":"Background: - ​ The City of Asheville and Buncombe County have interlocal agreements regarding the  provision of certain joint public safety-related services. - ​ The Public Safety Interoperability System/Centralized Data Entry information system and  the Identification (ID) Bureau are both operated as County services.  ​ ​  - ​ Based on the interlocal agreements, the City pays 50% of the cost of the County  Identification (ID) Bureau program and approximately 29% of the cost of the Public  Safety Interoperability System and Centralized Data Entry (PSIP/CDE) programs. - ​ Each year during the annual budget process, the County provides the City with estimates  for the City’s share of each program's cost. - ​ The Identification Bureau conducts employment fingerprinting, concealed carry permits,  etc., and houses CDE. - ​ Centralized Data Entry (CDE) - manages records on arrests and processing of persons in  Buncombe County’s record management system. A critical component of that process is  quality control. They provide criminal histories and fingerprinting services. - ​ The Public Safety Interoperability Partnership’s (PSIP) purpose is to define terms and  conditions under which criminal justice, emergency medical, and fire protection software  will be accessed and used by the public safety agencies in Buncombe County. The  primary goal is to create and maintain an effective automated multijurisdictional public  safety information technology system. - ​ For fiscal year 2025-26, the County estimates that the City’s share of the PSIP/CDE costs  will be $717,782 and the City’s share of the ID Bureau will be $613,190. - ​ The requested contract change orders will allow staff to encumber those amounts in the  City’s financial system. The County bills the City quarterly based on actual expenses.  Pro(s): - ​ Provides authorization for the City to formally encumber annual amounts to pay existing  interlocal agreements.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for these contracts is available in the Non-Departmental and Police Department  operating budgets.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-08-26","mt":"regular","id":"K","ref":"RES 25-176","it":"resolution","t":"Resolution approving FY2024-25 Annual Tax Settlement Report and authorizing the Mayor to execute an Order of Collection for FY2025-26","desc":"Background: - ​ Buncombe County has billed and collected City property taxes, including the City’s fee  charged for motor vehicles licenses, for many years. ​ ​  - ​ In 2019, Buncombe County and the City of Asheville entered into an updated agreement  for the County to continue billing and collecting property taxes under a revised fee  structure through June 30, 2025. - ​ In May 2025, City Council approved a three-year extension of the agreement under the  same terms of the existing agreement. - ​ In August 2023, City Council adopted an addendum to the agreement with provisions  recommended by legal staff at the University of North Carolina School of Government to  ensure full conformity to the provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act. - ​ In accordance with these provisions and pursuant to NCGS § 105-373, the Tax Collector  must provide to City Council an annual settlement of property tax collected in the  previous fiscal year for approval; and pursuant to NCGS § 105-321, following approval of  the Tax Collector’s Annual Settlement for the preceding year an Order of Collection to the  Tax Collector must be adopted authorizing the collection of the current fiscal year  property taxes. - ​ Staff is recommending approval of both the Annual Settlement and the new year Order of  Collection.  Pro(s): - ​ Allows the City to continue receiving tax revenue proceeds from the County while  ensuring compliance with provisions of Chapter 105 of the North Carolina General  Statutes, entitled The Revenue Act.  Con(s): - ​ None  Fiscal Impact: - ​ This action requires no additional City resources and has no fiscal impact.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-08-26","mt":"regular","id":"L","ref":"RES 25-177","it":"resolution","t":"Resolution authorizing contract amendment with Loomis Armored US, LLC for cash pickup and delivery services through December 2025","desc":"Background: - ​ Various City departments and divisions accept cash payments for services - including  Water, Parking, Harrah’s Cherokee Center Asheville and Development Services. - ​ State Statute (NC 159-32) requires that cash receipts in excess of $500 be deposited  with a financial institution on a daily basis.  ​ ​  - ​ To ensure compliance with State statute and improve employee safety, Finance and the  aforementioned departments have undertaken an effort to standardize cash deposit  activities across the City using Smart Safes and armored car pickup. - ​ Under the proposed contract, Loomis Armored US, LLC will provide armored vehicle  cash pick-up & delivery services as well as State Statute compliant “smart safes” for the  periods of time in between cash pickup. - ​ Original contract amount of $160,000 will not be exceeded. - ​ Original resolution authorized services through fiscal year 2025. - ​ All safes were not installed until December 2020 causing the end of the 5 year contract to  be December 2025.  Vendor Outreach Efforts: - ​ N/A - Completed in FY21 when original contract was executed.  Council Goal: - ​ Fiscally Resilient City  Committee:: - ​ No prior committee approval.  Pro: - ​ Continuity of service with existing vendor - ​ Improved employee safety, ensuring that employees are not responsible for carrying cash  to the bank. - ​ Compliance with State Statute though the use of Smart Sages on site. - ​ Efficient use of City resources, APD officers will not be needed to escort Water  Resources deposits to the bank.  Con(s): - ​ None  Fiscal Impact: - ​ None. The total amount of this contract will not be changing. The only update is the  period of service.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-08-26","mt":"regular","id":"M","ref":"RES 25-178","it":"resolution","t":"Resolution approving interlocal agreement with Buncombe County for the FY2025-26 Homeowner Grant Program","desc":"Background: - ​ In FY 2021-22, Buncombe County launched an economic public assistance program  called the Homeowner Grant Program in which the City of Asheville also participates. - ​ The program is designed to assist homeowners of low and moderate income as defined  by homeowners earning 80% of Area Median Income (AMI) or less. ​ ​  - ​ Grantees who apply for the program, meet the AMI criteria and other qualifications, and  reside in the City limits, will receive a maximum grant award of $300 from Buncombe  County and $200 from the City of Asheville. - ​ The County is responsible for administering the program and paying any grants awarded,  and thereafter invoice the City for its share of any grants awarded. - ​ This Council action will approve the City continuing as a partner in this program in Fiscal  Year 2025-26.  Committee(s): - ​ None ​ Pro(s): - ​ Supports homeownership for City households whose income is below 80% of AMI.  Con(s): - ​ None.  Fiscal Impact: - ​ The City has budgeted $75,000 in the Fiscal Year 2025-26 General Fund Budget to fund  its participation in the Homeowner Grant Program.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-08-26","mt":"regular","id":"N","ref":"ORD 5161","it":"ordinance","t":"Budget amendment for Helene disaster recovery and response expenses funded with FEMA reimbursements","desc":"Background: - ​ At the end of September 2024, the City of Asheville experienced large-scale devastation  and destruction as a result of Tropical Storm Helene that affected residents, businesses  and city-owned property and infrastructure. - ​ The City has and will continue to incur expenses related to Tropical Storm Helene  Disaster Recovery and Response. - ​ To date City Council has approved Helen-related budget amendments in the City’s  Special Revenue Fund that total $22.8M. - ​ This budget has been utilized to fund expenses related to Helene that include costs from  the initial response, ongoing staff expenses, and the contract with Hagerty Consulting. - ​ Spending authority from these prior Helen-related budget amendments is nearing full  utilization, so additional budget is needed in order to meet State Statute requirements  related to pre-audits and budget authorizations  ​ ​  - ​ Staff is recommending that Council amend the Helene budget by $6.0M to fund  upcoming expenses such as a temporary Bridge for Gashes Greek and Hardesty Lane  as well as force account labor expenses related to FEMA projects. - ​ Additional budget amendments may need to be brought forward to City Council in future  meetings.  Pro(s): - ​ Allows the City to budget for expenses related to Tropical Storm Helene response and  recovery and be in compliance with NC General Statutes related to pre-audits.  Con(s): - ​ None.  Fiscal Impact: - ​ Staff anticipates that this $6.0M budget authorization will be fully reimbursed through  federal and state disaster recovery reimbursements.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-08-26","mt":"regular","id":"O","ref":"RES 25-179 / RES 25-180 / RES 25-181 / RES 25-182","it":"resolution","t":"Resolutions permitting possession and consumption of malt beverages/unfortified wine at Goombay Festival, Oktoberfest, VeganFest and Surreal Sirkus Arts Festival","desc":"Background: - ​ N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified  wine on the public streets and property owned, occupied, or controlled by the City and to  regulate or prohibit the possession of malt beverages and unfortified wine on public  streets, alleys or parking lots which are temporarily closed to regular traffic for special  events. ​ ​  - ​ The City Council of the City of Asheville has adopted an ordinance pursuant to that  statutory authority; and that ordinance, codified as Section 11-11 in the Code of  Ordinances of the City of Asheville, provides that the City Council may adopt a resolution  making other provisions for the possession of malt beverages and/or unfortified wine at a  special event or community festival. - ​ The following organizations have requested that City Council permit them to serve beer  and/or unfortified wine at their events and allow for consumption at the events: - ​ YMI Cultural Center for the Goombay Festival to be held on September 5-7,  2025, at Pack Square Park - ​ Asheville Downtown Association for Octoberfest to be held on October 4, 2025,  at Pack Square Park - ​ Triangle Vegfest for Asheville Veganfest to be held on October 5, 2025, at Pack  Square Park - ​ Arts 2 People for the Surreal Sirkus Arts Festival to be held on October 25, 2025,  at Pack Square Park - ​ Alcohol boundaries are defined as per the accompanying event site maps.  Committee(s): - ​ None  Pro(s): - ​ Allows fundraising opportunities for the sponsoring nonprofit organization.  Con(s): - ​ None  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-08-26","mt":"regular","id":"P","ref":"RES 25-183","it":"resolution","t":"Resolution authorizing the City Manager to enter into all opioid settlement agreements to maximize total funding to NC and local governments","desc":"​ ​  \fBackground: - ​ The opioid overdose epidemic continues to ravage individuals across the nation, North  Carolina, and here in Asheville. - ​ Several local governments across the country have filed lawsuits against opioid  manufacturers, pharmaceutical destruction companies, chain drug stores, and related  entities to hold those companies accountable for their misconduct. - ​ The City of Asheville previously participated in two initial settlements in order to receive  funding from under those agreements. - ​ Additional settlements with separate defendants have now been reached, and future  additional settlements are likely. - ​ The City of Asheville is receiving $2,847,281 in opioid settlement funds from 2022  through 2038. - ​ By joining these settlements and approving the negotiated agreements, the City of  Asheville will help to increase the total funds flowing to North Carolina local governments,  and ensure that Asheville will receive a portion of those funds. - ​ In order to join each settlement, it is necessary to direct a representative of the City to  execute the legal agreements. - ​ In past settlement agreements, the City Council has directed the City Attorney to consent  to the City’s inclusion. - ​ This resolution will empower the City Attorney to continue the City’s participation in all  future opioid settlements.  Vendor Outreach Efforts: - ​ Not Applicable  Committee(s): - ​ None  Pro(s): - ​ Allows the City to share in the settlement funds from all opioid settlements moving  forward, and increases the total share of funds flowing to North Carolina local  governments.  Con(s): - ​ None  Fiscal Impact: - ​ Allows the City to receive unspecified amounts of additional Opioid settlement funds.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-08-26","mt":"regular","id":"Q","ref":"ORD 5162","it":"ordinance","t":"Ordinance amending the membership and appointments to the Human Relations Commission of Asheville","desc":"Background: - ​ The HRCA was established by Ordinance No. 4663 in July of 2018. - ​ The ordinance has been amended on multiple occasions to reflect updates in applicable  law, as well as to adjust the size of the board. - ​ Currently, the HRCA ordinance is inconsistent with similar provisions governing  membership and appointment for other City boards and commissions. - ​ The proposed amendment will remove subsection (b)(2) in order to ensure compliance  with applicable law and consistency with other City ordinances governing board and  commission appointments.  Vendor Outreach Efforts: - ​ Not Applicable  Committee(s): - ​ N/A  Pro(s): - ​ Ensures legal compliance and consistency with other code provisions regarding advisory  bodies.  Con(s): - ​ None  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Boards & Appointments","mo":"individual","mv":"Ullman","sec":"Mosley","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":18},{"d":"2025-08-26","mt":"regular","id":"R","ref":"","it":"other","t":"Report of settlement terms re: Mission Health antitrust litigation (HCA/Mission and ANC defendants)","desc":"LITIGATION, CIVIL ACTION NO. 1:22-cv-00114 WITH (A) HCA HEALTHCARE INC.; HCA MANAGEMENT SERVICES, LP; HCA, INC.; MH MASTER HOLDINGS, LLLP; MH HOSPITAL MANAGER, LLC; AND MH MISSION HOSPITAL, LLLP (COLLECTIVELY, THE “MISSION DEFENDANTS”) AND (B) ANC HEALTHCARE, INC. F/KA/ MISSION HEALTH SYSTEM, INC. AND MISSION HOSPITAL, INC. (COLLECTIVELY, THE “ANC DEFENDANTS”) - The Mission Defendants’ creation of a $1,000,000 charity care fund to cover any liabilities owed under its existing charity policy by families and individuals at up to 400% of the Federal Poverty Level; - The Mission Defendants’ commitment to act in accordance with Sections 7.13(b) and 7.25 the January 31, 2019 Asset Purchase Agreement (APA), making reasonable efforts to extend by three years the service commitments related to the Transylvania Regional Hospital through January 31, 2032, and binding themselves to the final judgment in the Atrium litigation by an additional year, until January 31, 2028; - The Mission Defendants’ agreement to confidentially share with enumerated representatives of Plaintiffs the written meeting materials provided to the Advisory Board and Local Advisory Boards for the duration of the Advisory Board Designation pursuant to Sections 7.12(a) and 7.12(b) of the APA; - The Mission Defendants’ commitment to use reasonable commercial efforts to achieve quality verification as a trauma center for Mission Hospital by the American College of Surgeons by June 2026, and maintain that status thereafter through June 2030; - The Mission Defendants’ commitment to engage in good-faith negotiations for a one-year period to rent space in the building located at 377 Gallimore Road, Brevard, North Carolina 28712, for fair market value for purposes of ensuring the provision of adult day care services at that location; to the extent a rental agreement is ultimately agreed to by the Mission Defendants and any tenant who intends to use 377 Gallimore Road for adult day care, the Mission Defendants shall take commercially reasonable efforts to encourage the Dogwood Health Trust to pay that rent on behalf of the tenant. - The Mission Defendants’ will make a payment of $2.5 million toward Plaintiffs’ costs and attorneys’ fees arising from this action; and - The ANC Defendants will make payments totaling $2 million toward Plaintiffs’ litigation expenses and attorneys’ fees arising from this action, payable in installments. - In exchange for the foregoing, Plaintiffs will dismiss all claims raised in these matters.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"medium","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2025-08-26","mt":"regular","id":"S","ref":"RES 25-184","it":"resolution","t":"Resolution authorizing the City Attorney to execute a 5-year contract with West Publishing Company for Westlaw online legal research services","desc":"Background: - ​ The City’s Legal Department currently uses West Publishing Company for Westlaw legal  research services. - ​ In order to continue this service, the City Attorney’s Office is requesting authorization for  a five year contract at a total cost of $142,560.43. - ​ Funding for the contract is included in the General Fund Budget.  Vendor Outreach Efforts: - ​ Vendor is self performing - not applicable  Committee(s): - ​ Not applicable  Pro(s): - ​ Provide continued City access to Westlaw’s online legal research services.  Con(s): - ​ None  Fiscal Impact: - ​ The first year cost is expected to be $28,512 in FY26 and is included in the City  Attorney’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2025-08-26","mt":"regular","id":"T","ref":"ORD 5163","it":"ordinance","t":"Ordinance repealing/replacing Sections 19-1, 19-6, 19-7 and 19-14 to allow for and regulate micromobility devices within the City","desc":"Background:  ​ ​  - ​ In October 2023, Council passed a resolution directing staff to proceed with the College  Patton Complete Streets Project and to prepare ordinance amendments to permit the use  of all modes of personal transportation within bike lanes. - ​ There are a number of existing ordinances that need to be amended as part of this effort,  and it is necessary to address other types of transportation facilities, such as sidewalks,  roads without bike lanes, greenways, etc., at the same time. - ​ Staff has developed recommendations for ordinance revisions based on industry best  practices, feedback from Boards and Commissions, and the legal framework within which  the City operates.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ Active Transportation Committee - December 7, 2023 - ​ Multimodal Transportation Commission - December 13, 2023 - ​ Downtown Commission - December 15, 2023 - ​ Riverfront Commission - February 2024 - ​ Planning, Economic Development and Environment Committee - January 8, 2024 - ​ Planning, Economic Development and Environment Committee - September 9, 2024 - ​ Motion to adopt a resolution to repeal Sections 19-1, 19-6, 19-7, 19-14 in City  Code and replace with the language represented in the accompanying staff  report; And to further include a map and potential dismount zones for future  recommendations. - ​ Planning, Economic Development and Environment Committee - July 15, 2025  Pro(s): - ​ Updating ordinances to remove barriers to the use of personal micromobility devices will  help legitimize these forms of transportation, decriminalize their use, and advance  Council goals associated with improving accessibility, affordability, and transportation  safety. - ​ These ordinance changes will continue to prohibit the renting of e-scooters, etc. from the  public right-of-way by “shared mobility” companies.  Con(s): - ​ Additional education to the public will be needed to communicate changes effectively.  Fiscal Impact: - ​ None","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2025-08-26","mt":"regular","id":"U","ref":"RES 25-185","it":"resolution","t":"Resolution authorizing acceptance of NCDOT Public Transit Apprenticeship Grant Program funds","desc":"Background: - ​ The North Carolina Department of Transportation (NCDOT) funds an annual program that  places recent university graduates with an interest in public transit within a city/transit  agency for 1 year as a full-time, paid staff member. - ​ The City has participated in this program several times over the last decade and currently  has a Transit Apprentice who started in September 2024. - ​ In December, Transportation Department staff submitted an application to the program  manager at NCDOT requesting approval to participate in the program in FY 26. - ​ NCDOT notified the City in January that it was approved to participate in the program  again in FY 26. - ​ NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the  City Transit Operations Fund would provide the remaining 10%. The total cost for the  Apprentice for FY26 is $57,178, with the State paying $51,460 and the City paying  $5,718. - ​ The transit apprentice will work within the Transit Division of the Transportation  Department and assist the division with ongoing work program items related to transit  service. - ​ The apprentice is also required by the NCDOT to prepare a research report at the end of  the apprenticeship. - ​ The Transit Apprentice would begin work in summer/fall of 2025.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ None  Pro(s): - ​ 90% of apprentice costs are covered by NCDOT. - ​ Supports the Transit Division to assist in transit-related projects and programs.  Con(s): - ​ The City provides 10% of the cost, not to exceed $5,718.  Fiscal Impact: - ​ NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the  City Transit Operations Fund would provide the remaining 10%. The total cost for the  apprentice for FY 26 is $57,178, with the State paying $51,460 and the City paying  $5,718. - ​ The funding for this program is already included in the FY 2025-26 operating budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2025-08-26","mt":"regular","id":"V","ref":"RES 25-186","it":"resolution","t":"Resolution authorizing acceptance of NCDOT Section 5303 Metropolitan Planning Program funding for FY2026 transit personnel budget","desc":"Background: - ​ The purpose of this item is to accept the grant funds for FY 26. - ​ The City applies annually to the North Carolina Department of Transportation - Integrated  Mobility Division to receive Section 5303 funds (Metropolitan Planning Program). - ​ The City uses the Section 5303 funding to fund existing transit planning activities such as  grant management, administration, and reporting; short and long-range transit planning;  analyses of transit operations; and required semi-annual DBE program preparation and  reporting. - ​ The funds supplement the Transit Division personnel budget, which includes the Transit  Division Manager and additional transit planning staff positions. - ​ The total grant is $159,051 and includes a 20% match. The Federal Transit  Administration will provide 80% of the anticipated funding ($127,240), with the North  Carolina Department of Transportation and the City of Asheville each providing 10% of  the remaining amount at $15,906 and $15,906 respectively.  Vendor Outreach Efforts: - ​ N/A. This is a grant to fund a portion of the Transit Division personnel budget.  Committee(s): - ​ None  Pro(s): - ​ Supplements funding for multiple transit planning positions. - ​ Enables the City of Asheville to leverage $127,240 in Federal Funding and $15,906 in  State funds to support the City’s transit planning activities.  Con(s): - ​ The City is responsible for 10% local match, which is $15,906.  Fiscal Impact: - ​ The total grant is $159,051 and includes a 20% match. The Federal Transit  Administration will provide 80% of the anticipated funding ($127,240), with the North  ​ ​  \f Carolina Department of Transportation and the City of Asheville each providing 10% of  the remaining amount at $15,906 and $15,906 respectively. - ​ This funding and match is already included in the FY 2026 adopted budget.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2025-08-26","mt":"regular","id":"VI-A","ref":"ORD 5170","it":"ordinance","t":"Ordinance No. 5170 amending City of Asheville Code Section 11-5 (Public Solicitation and Begging) to expand 'High Traffic' zones to include areas on/around Haywood Road, Patton Avenue, and Merrimon Avenue — first reading","desc":"​ Deputy Chief Sean Aardema said that this is the consideration of amendments to existing City of Asheville ordinance Sec. 11-5, Public Solicitation and Begging Regulated, specifically, to expand defined “high traffic” zones to include geographic locations on and around Haywood Road, Patton Avenue, and Merrimon Avenue.  Background: - ​ The high-traffic zones were created for areas within the City of Asheville that experience  a large amount of pedestrian and bicycle traffic and designed to address quality of life  issues related to those modes of transportation. - ​ Since the original ordinance was enacted, the proposed areas have grown immensely in  popularity, as well as in multi-modal transportation.  ​ ​  - ​ CoA staff has received a large amount of concern from community residents, business  owners, and patrons regarding public solicitation and resulting issues from those  encounters. - ​ The Asheville Police Department Data Accountability Section has produced data  indicating a number of police calls for service related to public solicitation within the areas  proposed to be designated as new or expanded high traffic zones. - ​ The APD is confident that the recommendation of an expansion of the existing solicitation  ordinance will provide them with additional tools to address calls for service related to  solicitation, as well as help in responding to community concerns over solicitation in high  traffic zones. - ​ Ordinance 11-5 currently addresses high traffic zones in subsection (2)a.: - ​ The communication, by use of gestures or spoken words, by one person or group  of persons directed at another person or group of persons, of a request for a  contribution of any type to the person or group making the communication or to  others. This definition shall not include transactions between family members or  mutual acquaintances. - ​ Zone 1: Within the area defined by a line drawn along the centerline of the  following streets: starting at the intersection of Hilliard Avenue and Market Street,  west along Hilliard Avenue to the intersection of Hilliard Avenue and French  Broad Avenue; then north along French Broad Avenue to the intersection of  French Broad Avenue and Haywood Street; then east Haywood Street to the  intersection of Haywood Street and Montford Avenue; then north along Montford  Avenue to the intersection of Montford Avenue and Cherry Street; then east  along Cherry Street to the intersection of Cherry Street and Broadway Street;  then south on Broadway Street to the intersection of Broadway Street and  Woodfin Street; then east on Woodfin Street to the intersection of Woodfin Street  and College Street; then south on Valley Street to the intersection of Valley Street  and Marjorie Street; then west along Marjorie Street to the intersection of  Marjorie Street and Davidson Street; then south on Davidson Street to the  intersection of Davidson Street and Eagle Street; then west along Eagle Street to  the intersection of Eagle Street and Market Street; then south on Market Street to  the point of beginning. - ​ Zone 2: Within Biltmore Village Historic District.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ Public Safety Committee  Pro(s): - ​ Amendments are the direct result of calls for city service and complaints from residents,  businesses, and visitors. - ​ Provides a more appropriate balance between preserving first amendment rights and  protecting public safety in areas of greatest need where data suggests these changes will  result in a genuine impact to business and residential resiliency. - ​ Expanding and clarifying the ordinance gives law enforcement additional authority to  respond to complaints, especially in locations not currently designated as a high traffic  area.  ​ ​  - ​ Expanding the ordinance can help reduce aggressive or unsafe panhandling in  high-traffic areas, helping to protect pedestrians. - ​ Enhanced regulations on solicitation in certain areas can create a more appealing  environment for residents, shoppers, and businesses, supporting economic growth.  Con(s): - ​ Expanding the ordinance broadens the enforcement areas, which may cause strain on  police resources or increase police response time to these complaints. - ​ While this may reduce panhandling in certain areas, it could also displace it or push it into  other areas of the city.  Fiscal Impact: - ​ This action would merely expand an existing ordinance, and falls in line with policing  efforts that currently take place in regular police operations. It would have no increased  fiscal impact.  ​ Deputy Chief Aardema said the following are the key highlights from his presentation: (1) Violations of the City’s solicitation ordinances occur most frequently in commercial areas and near high traffic corridors (dense business corridors and interstate exits); (2) It is recommended that additional areas be considered for High Traffic Zone based on calls for service and community complaints, (a) Areas for consideration: Patton Avenue and Haywood Road, and (b) It is also recommended that Zone 1 be expanded to include sections of Merrimon Avenue and South Slope; and (3) City Ordinance 11-5.2(a) will need to be amended to include the boundaries of each new zone.  ​ High traffic zones are (1) High Traffic Zones are currently defined as geographic areas within the city, and are discussed in city ordinance 11-5, Public Solicitation; (2) The current zones encompass the majority of the central business district, as well as Biltmore Village; and (3) City Ordinance 11-5.2(a) may only be enforced within defined high traffic zones. The City of Asheville Code of Ordinances - Chapter 11-5. Public solicitation and begging regulated (1) Prohibits the acts of solicitation based under certain conditions, such as physical or aggressive behavior, location, time or under the influence of alcohol or controlled substance. (Sec. 11-5.b.1); (2) In addition to the restrictions set forth in section (b)(1), it is unlawful for any person to verbally beg, solicit, or panhandle within any high traffic zone. (Sec. 11-5.b.2). NOTE: Solicitation with a printed sign is permitted; and (3) There are currently only two areas designated as “high traffic zones”: Portions of the Central Business District (specified by street); and Biltmore Village Historic District.  ​ It is recommended that additional areas be considered for High Traffic Zones based on calls for service and community complaints (a) Areas for consideration: Patton Avenue and Haywood Road; and (b) It is also recommended that Zone 1 be expanded to include sections of Merrimon Avenue and South Slope.  ​ Why we are considering expanding High Traffic Zones is , (1) In the past 12 months, there were 431 calls for service in the proposed high-traffic zones; and (2) These calls for service include panhandling, suspicious persons, and trespassing.  ​ The Asheville Police Department (APD) Call for Service data is as follows: - ​ 147 Calls For Service on Patton Avenue from Regent Park to the New Leicester  intersection: - 26 Suspicious Person Calls - 21 Panhandling Calls  ​ ​  - 4 Trespassing Calls - ​ 152 Calls For Service along Haywood Road Business corridor - 37 Suspicious Person Calls - 12 Panhandling Calls - 13 Trespassing Calls - ​ 61 Calls For Service in South Slope - 3 Suspicious Person Calls - 0 Panhandling Calls - 2 Trespassing Calls - ​ 71 Calls For Service on Merrimon Avenue from I-240 north to the Harris Teeter  store. - 12 Suspicious Person Calls - 3 Panhandling Calls - 5 Trespassing Calls  ​ Regarding APD’s solicitation enforcement, (1) In the past 12 months, the APD has issued 82 citations for violations of the ordinance; (2) In the past 3 years, the APD has issued, on average, 118 citations per year; and (3) In comparison, the highest three-year average occurred in 2009 through 2012, where an average of 326 citations were issued.  ​ The penalties for violating the ordinance is found in Code of Ordinances Section 14-4. Violation of local ordinances misdemeanor. (a) Except as provided in subsection (b) or (c) of this section, if any person shall violate an ordinance of a county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00). (c) A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to subsection (a) of this section if, when tried for that violation, the person produces proof of compliance with the local ordinance through any of the following: (1) No new alleged violations of the local ordinance within 12 months from the date of the initial alleged violation. (2) The person provides documented proof of a good-faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance.  ​ Buncombe County has three treatment courts coordinated by several community partners. Treatment courts are a recovery-based intervention to assist people living with substance use and mental health disorders out of the justice system and into lives of wellness and stability. Buncombe County has three treatment courts coordinated by the County. APD officers serve as designated agency liaisons to all three of these courts, signifying our commitment to deferred prosecution options - Adult Drug Treatment Court; ASPIRE Court; and Veteran Treatment Court.  ​ Staff’s recommendation action is to expand the City’s current public solicitation ordinance to expand, and designate new, high traffic zones - (1) High Traffic Zone 1 to be expanded (Merrimon Avenue and South Slope); and (2) New Zones to be Designated: Haywood Road corridor; and Patton Avenue.  ​ In response to Councilwoman Ullman, City Attorney Branham said that if a person is on the sidewalk holding a sign, it is legal everywhere in the City now and if this ordinance passes, it is still legal.  ​ ​  \f​ Chief Mike Lamb clarified that individuals cannot be on median strips holding signs. Median strips have the most pedestrian accidents.  ​ In response to Councilwoman Roney, City Manager Campbell said that the Continuum of Care was given this information about the expansion, but they did not provide input.  ​ Deputy Chief Aardema explained to Council how the violation section of the ordinance works, noting that only the courts can decide the penalty.   Mayor Manheimer opened the public hearing at 10:12 p.m.   Nine individuals spoke in opposition of the proposed changes to the panhandling ordinance for various reasons, some being, but are not limited to: need for more meaningful and long-term solutions to poverty; invest in programs that help the homeless thrive; and stop criminalizing the unhoused and those deeply in poverty.   One individual spoke in support of the proposed changes to the panhandling ordinance in that they felt that not everyone who panhandles is homeless. They are putting themselves into dangerous situations standing and walking on medians.   Mayor Manheimer closed the public hearing at 10:43 p.m.   Councilman Hess agreed that Asheville’s working class are being priced out of the City. He stressed that this is not a homeless policy, but a pedestrian and traffic safety measure. We want to protect our most vulnerable neighbors and also our drivers on the roadways.  ​","c":"Housing","mo":"individual","mv":"Turner","sec":"Hess","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":34},{"d":"2025-08-26","mt":"regular","id":"VI-B","ref":"RES 25-194","it":"resolution","t":"Resolution No. 25-194 establishing four Helene Recovery Boards and temporary operational structure of current city advisory boards and commissions","desc":"​ Assistant City Manager Ben Woody said that this is the consideration of a resolution establishing 4 Helene Recovery boards and the temporary operational structure of current City advisory boards and commissions.  Background: - ​ Recovery efforts from this storm remain ongoing and a top priority for the Asheville City  Council, City staff, and this community.​ - ​ In the immediate aftermath of the storm, and in an effort to focus City resources and  efforts on storm response and recovery, all City-staffed advisory boards were temporarily  suspended. - ​ In January 2025, the City began the process of board remobilization by restarting  quasi-judicial boards according to each body’s regular meeting schedule. - ​ In September 2025, the following technical boards will resume their regular meetings:  Mountain Community Capital Fund; Asheville Regional Housing Consortium; Design  Review Committee; Board of Electrical Examiners; Soil Erosion & Stormwater Control  Board; and Firefighter’s Relief Fund Board. - ​ Some additional boards have also been permitted to meet on an ad hoc basis when  sufficient need existed. - ​ Despite the temporary ongoing suspension of the City’s remaining boards and  commissions, these public bodies remain a critical community connection and resource  for City Council to provide efficient and effective government, as well as recovery efforts  for the community. - ​ Advisory board members provide expertise, community input, and ultimately develop  policy recommendations on issues of importance to City Council. - ​ The Asheville City Council asked staff to develop a temporary operational framework for  all City boards and commissions in order to resume the mutual benefit of this resource,  leverage this asset towards a full and robust recovery, ensure alignment between the  work of the boards and commission and the City Council’s priorities and organizational  workplan, and balance the limited City resources needed to support these bodies.  ​ ​  - ​ The recommended structure will establish four recovery boards and place the remaining  advisory boards on an assignment based work schedule.  Vendor Outreach Efforts: - ​ N/A  Council Vision 2036 Focus Area(s): - ​ Connected and Engaged Community  Committee(s): - ​ Information Only - City Council Agenda Briefing on July 24, 2025 - ​ Information Only - Manager’s Report on City Council formal meeting on July 29, 2025  Pro(s): - ​ Maintains all existing boards and commissions - ​ Provides board members with more meaningful work and engagement with City Council  by aligning all board and commission work with City Council priorities and the  organizational workplan. - ​ Balances limited City resources by ensuring board support is provided strategically - ​ Allows continued means for board members to suggest work assignments  Con(s): - ​ Limits the work of some boards in order to focus work product and balance limited  resources  Fiscal Impact: - ​ None  ​ Mr. Woody said the following are the key highlights from his presentation: (1) Effective public participation is clearly aligned with goals, adheres to timeframes, and provides the context within which a decision must be made; (2) The city is establishing four Helene Recovery Boards to support recovery efforts from the storm which remain an ongoing and top priority for Council; (3) The Helene Recovery Boards will hold regularly scheduled meetings until June 30, 2027 based on alignment with city priorities and work plans; (4) Other advisory board members provide expertise, community input, and develop policy recommendations on issues of importance and will meet on an as needed basis until June 30, 2027 in alignment with city priorities and work plans; and (5) Quasi-judicial and technical boards will resume their regular meeting schedules.  ​ The proposed Helene Recovery Boards are People & Environment; Housing; Infrastructure; and Economy.  ​ The purposes of the Recovery Boards are (1) Advisory boards are a critical sounding board for the City Council and help foster a more responsive and effective local government; (2) Advisory board members provide expertise, represent the community, and ultimately develop policy recommendations on items coming to City Council for consideration or action; (3) Helene recovery boards membership structure utilizes broad community perspectives and expertise when developing policy recommendations: and (4) Helene recovery boards will develop work plans that align with Council Committee work plans and ultimately support and advance the FY26 City Council Priority Recovery Areas.  ​ The Helene Recovery Board structure is (1) Each Helene Recovery Board will have no more than 11 members; (2) Up to 7 members will be appointed from existing Chairs, Vice Chairs, or their designees of current advisory boards; (3) 4 to 5 remaining members will be appointed by  ​ ​  \fCouncil at large; (4) Work of the four Helene Recovery Boards will be supported by staff; (5) Meetings will be streamed online and accessible to the public; (6) Recovery Boards will have regularly scheduled meetings; and (7) Recovery Board work plans will be based on Council Committee assignments and needs.  ​ He then provided some examples of Board alignment with the Organizational Work Plan.  ​ He then provided the Helene Recovery Board alignment with existing advisory boards as follows: (1) Economy - Affordable Housing Advisory Committee; African American Heritage Committee; Asheville Downtown Commission; Community Entertainment Facilities Commission; Noise Advisory Board, Public Art & Cultural Commission; and Urban Forestry Commission; (2) Infrastructure - A-B Riverfront Commission; Audit Committee; Community Entertainment Facilities Commission; Multi-modal Transportation Commission; Public Art & Cultural Commission; Sustainability Advisory Committee; and Urban Forestry Commission; (3) Housing - Affordable Housing Advisory Committee; Asheville Downtown Commission; Audit Committee; Human Relations Commission; Neighborhood Advisory Committee; and Noise Advisory Board; and (4) People & Environment - A-B Riverfront Commission; African American Heritage Committee; Human Relations Commission; Multi-modal Transportation Commission; Neighborhood Advisory Committee; and Sustainability Advisory Committee.  ​ The following are advisory boards that will meet on an as-needed basis: Affordable Housing Advisory Committee; African American Heritage Committee; A-B Riverfront Commission; Asheville Downtown Commission; Audit Committee; Community Entertainment Facilities Commission; Human Relations Commission; Multimodal Transportation Commission; Neighborhood Advisory Committee; Noise Advisory Board; Public Art & Cultural Commission; Sustainable Advisory Committee; and Urban Forestry Commission.  ​ He said the proposed structure for existing advisory boards are on-demand: Most of the current advisory boards only meet when assigned a task: (1) Council-created advisory boards (13) meet on-demand, when a task is assigned by Council, Council Committee, or Department Directors; (2) Advisory boards must get approval from Council or a Council Committee to work on items that are not assigned; and (3) This ensures alignment of board work with Council priorities, while balancing limited staff resources to provide support.  ​ Regarding avenues for board members to propose new tasks, members of boards that are meeting on an as-needed basis have the following pathways to propose new tasks that have not been directed by City Council: (1) Ask their board’s representative on the Helene Recovery Boards to present the idea to their respective Recovery Board; (2) Communicate the idea to a Council Committee; (3) Communicate the idea to a City Council; and/or (4) Ask their board chair to present the idea to the department director who provides support to their board (e.g., Urban Forestry Master Plan, Arts & Culture Plan, Home Repair, Resilience Hubs, etc.).  ​ Boards that will continue or resume include (1) Quasi-Judicial - Planning & Zoning; Board of Adjustment; Historic Resources Commission; and Civil Service Board; and (2) Technical or Allocate Funding - Mountain Community Capital Fund; Asheville Regional Housing Consortium; Design Review Committee; Board of Electrical Examiners; Soil Erosion & Stormwater Control; and Firefighters’ Relief Fund.  ​ Next steps include: (1) Staff begin developing engagement, administrative, and legal framework to establish new recovery and advisory board structure; (2) August 26: Council votes on resolution to establish the new framework; (3) Appointment and Application process to the Helene Recovery Boards completed by the Fall of 2025; (4) Department Directors work with advisory board chairs to determine potential tasks and meeting schedules; and (5) CAPE and  ​ ​  \fCity Clerk’s Office work with focus groups (including the Realignment Working Group “RWG”) to improve ease of access to Board and Commission meetings and materials (through June 2026).  ​ Councilwoman Roney supported expediting the recovery boards. We felt we need a path for regularly-scheduled advisory boards, thankfully we have the RWG support. Specific examples are the Affordable Housing Advisory Committee to take on Affordable Housing plan recommendations, Missing Middle Housing Study implementation, bond and recovery funding projects; Urban Forestry Commission community engagement and Urban Forestry Master Plan finalization/implementation; and Transit Committee for the ongoing transit study in addition to it being sidelined as a sub-committee of Multimodal Transportation Commission when transit is a core service and critical to our economic recovery and climate goals. We can engage in the front of decisions, or attempt to plow ahead and end up with delays and putting engagement at the end if it turns out we’re on the wrong path. She’d prefer to get our advisory boards that are ready to get back to work the support they need to do so, accepting the help of the RWG to make it possible.  ​ Mayor Manheimer said that the advisory boards will have the opportunity to select their own two designees for the Recovery Boards. She felt the staff's proposal is an exciting opportunity to streamline our recovery efforts. The City is receiving so much funding and there are so many decisions to be made, with input from the community. Even though some feel this temporary structure is imperfect, and it is, she hoped that in the future we will evaluate how this structure is working to make sure our advisory board members know their work is meaningful, received, and incorporated into the final Council project.  ​","c":"Zoning & Land Use","mo":"individual","mv":"Ullman","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":36},{"d":"2025-08-26","mt":"regular","id":"VI-B-amend","ref":"","it":"motion","t":"Roney motion to amend Helene Recovery Boards resolution to instruct staff to accept RWG support for boards wanting to meet regularly","desc":"​ Assistant City Manager Ben Woody said that this is the consideration of a resolution establishing 4 Helene Recovery boards and the temporary operational structure of current City advisory boards and commissions.  Background: - ​ Recovery efforts from this storm remain ongoing and a top priority for the Asheville City  Council, City staff, and this community.​ - ​ In the immediate aftermath of the storm, and in an effort to focus City resources and  efforts on storm response and recovery, all City-staffed advisory boards were temporarily  suspended. - ​ In January 2025, the City began the process of board remobilization by restarting  quasi-judicial boards according to each body’s regular meeting schedule. - ​ In September 2025, the following technical boards will resume their regular meetings:  Mountain Community Capital Fund; Asheville Regional Housing Consortium; Design  Review Committee; Board of Electrical Examiners; Soil Erosion & Stormwater Control  Board; and Firefighter’s Relief Fund Board. - ​ Some additional boards have also been permitted to meet on an ad hoc basis when  sufficient need existed. - ​ Despite the temporary ongoing suspension of the City’s remaining boards and  commissions, these public bodies remain a critical community connection and resource  for City Council to provide efficient and effective government, as well as recovery efforts  for the community. - ​ Advisory board members provide expertise, community input, and ultimately develop  policy recommendations on issues of importance to City Council. - ​ The Asheville City Council asked staff to develop a temporary operational framework for  all City boards and commissions in order to resume the mutual benefit of this resource,  leverage this asset towards a full and robust recovery, ensure alignment between the  work of the boards and commission and the City Council’s priorities and organizational  workplan, and balance the limited City resources needed to support these bodies.  ​ ​  - ​ The recommended structure will establish four recovery boards and place the remaining  advisory boards on an assignment based work schedule.  Vendor Outreach Efforts: - ​ N/A  Council Vision 2036 Focus Area(s): - ​ Connected and Engaged Community  Committee(s): - ​ Information Only - City Council Agenda Briefing on July 24, 2025 - ​ Information Only - Manager’s Report on City Council formal meeting on July 29, 2025  Pro(s): - ​ Maintains all existing boards and commissions - ​ Provides board members with more meaningful work and engagement with City Council  by aligning all board and commission work with City Council priorities and the  organizational workplan. - ​ Balances limited City resources by ensuring board support is provided strategically - ​ Allows continued means for board members to suggest work assignments  Con(s): - ​ Limits the work of some boards in order to focus work product and balance limited  resources  Fiscal Impact: - ​ None  ​ Mr. Woody said the following are the key highlights from his presentation: (1) Effective public participation is clearly aligned with goals, adheres to timeframes, and provides the context within which a decision must be made; (2) The city is establishing four Helene Recovery Boards to support recovery efforts from the storm which remain an ongoing and top priority for Council; (3) The Helene Recovery Boards will hold regularly scheduled meetings until June 30, 2027 based on alignment with city priorities and work plans; (4) Other advisory board members provide expertise, community input, and develop policy recommendations on issues of importance and will meet on an as needed basis until June 30, 2027 in alignment with city priorities and work plans; and (5) Quasi-judicial and technical boards will resume their regular meeting schedules.  ​ The proposed Helene Recovery Boards are People & Environment; Housing; Infrastructure; and Economy.  ​ The purposes of the Recovery Boards are (1) Advisory boards are a critical sounding board for the City Council and help foster a more responsive and effective local government; (2) Advisory board members provide expertise, represent the community, and ultimately develop policy recommendations on items coming to City Council for consideration or action; (3) Helene recovery boards membership structure utilizes broad community perspectives and expertise when developing policy recommendations: and (4) Helene recovery boards will develop work plans that align with Council Committee work plans and ultimately support and advance the FY26 City Council Priority Recovery Areas.  ​ The Helene Recovery Board structure is (1) Each Helene Recovery Board will have no more than 11 members; (2) Up to 7 members will be appointed from existing Chairs, Vice Chairs, or their designees of current advisory boards; (3) 4 to 5 remaining members will be appointed by  ​ ​  \fCouncil at large; (4) Work of the four Helene Recovery Boards will be supported by staff; (5) Meetings will be streamed online and accessible to the public; (6) Recovery Boards will have regularly scheduled meetings; and (7) Recovery Board work plans will be based on Council Committee assignments and needs.  ​ He then provided some examples of Board alignment with the Organizational Work Plan.  ​ He then provided the Helene Recovery Board alignment with existing advisory boards as follows: (1) Economy - Affordable Housing Advisory Committee; African American Heritage Committee; Asheville Downtown Commission; Community Entertainment Facilities Commission; Noise Advisory Board, Public Art & Cultural Commission; and Urban Forestry Commission; (2) Infrastructure - A-B Riverfront Commission; Audit Committee; Community Entertainment Facilities Commission; Multi-modal Transportation Commission; Public Art & Cultural Commission; Sustainability Advisory Committee; and Urban Forestry Commission; (3) Housing - Affordable Housing Advisory Committee; Asheville Downtown Commission; Audit Committee; Human Relations Commission; Neighborhood Advisory Committee; and Noise Advisory Board; and (4) People & Environment - A-B Riverfront Commission; African American Heritage Committee; Human Relations Commission; Multi-modal Transportation Commission; Neighborhood Advisory Committee; and Sustainability Advisory Committee.  ​ The following are advisory boards that will meet on an as-needed basis: Affordable Housing Advisory Committee; African American Heritage Committee; A-B Riverfront Commission; Asheville Downtown Commission; Audit Committee; Community Entertainment Facilities Commission; Human Relations Commission; Multimodal Transportation Commission; Neighborhood Advisory Committee; Noise Advisory Board; Public Art & Cultural Commission; Sustainable Advisory Committee; and Urban Forestry Commission.  ​ He said the proposed structure for existing advisory boards are on-demand: Most of the current advisory boards only meet when assigned a task: (1) Council-created advisory boards (13) meet on-demand, when a task is assigned by Council, Council Committee, or Department Directors; (2) Advisory boards must get approval from Council or a Council Committee to work on items that are not assigned; and (3) This ensures alignment of board work with Council priorities, while balancing limited staff resources to provide support.  ​ Regarding avenues for board members to propose new tasks, members of boards that are meeting on an as-needed basis have the following pathways to propose new tasks that have not been directed by City Council: (1) Ask their board’s representative on the Helene Recovery Boards to present the idea to their respective Recovery Board; (2) Communicate the idea to a Council Committee; (3) Communicate the idea to a City Council; and/or (4) Ask their board chair to present the idea to the department director who provides support to their board (e.g., Urban Forestry Master Plan, Arts & Culture Plan, Home Repair, Resilience Hubs, etc.).  ​ Boards that will continue or resume include (1) Quasi-Judicial - Planning & Zoning; Board of Adjustment; Historic Resources Commission; and Civil Service Board; and (2) Technical or Allocate Funding - Mountain Community Capital Fund; Asheville Regional Housing Consortium; Design Review Committee; Board of Electrical Examiners; Soil Erosion & Stormwater Control; and Firefighters’ Relief Fund.  ​ Next steps include: (1) Staff begin developing engagement, administrative, and legal framework to establish new recovery and advisory board structure; (2) August 26: Council votes on resolution to establish the new framework; (3) Appointment and Application process to the Helene Recovery Boards completed by the Fall of 2025; (4) Department Directors work with advisory board chairs to determine potential tasks and meeting schedules; and (5) CAPE and  ​ ​  \fCity Clerk’s Office work with focus groups (including the Realignment Working Group “RWG”) to improve ease of access to Board and Commission meetings and materials (through June 2026).  ​ Councilwoman Roney supported expediting the recovery boards. We felt we need a path for regularly-scheduled advisory boards, thankfully we have the RWG support. Specific examples are the Affordable Housing Advisory Committee to take on Affordable Housing plan recommendations, Missing Middle Housing Study implementation, bond and recovery funding projects; Urban Forestry Commission community engagement and Urban Forestry Master Plan finalization/implementation; and Transit Committee for the ongoing transit study in addition to it being sidelined as a sub-committee of Multimodal Transportation Commission when transit is a core service and critical to our economic recovery and climate goals. We can engage in the front of decisions, or attempt to plow ahead and end up with delays and putting engagement at the end if it turns out we’re on the wrong path. She’d prefer to get our advisory boards that are ready to get back to work the support they need to do so, accepting the help of the RWG to make it possible.  ​ Mayor Manheimer said that the advisory boards will have the opportunity to select their own two designees for the Recovery Boards. She felt the staff's proposal is an exciting opportunity to streamline our recovery efforts. The City is receiving so much funding and there are so many decisions to be made, with input from the community. Even though some feel this temporary structure is imperfect, and it is, she hoped that in the future we will evaluate how this structure is working to make sure our advisory board members know their work is meaningful, received, and incorporated into the final Council project.  ​","c":"Administrative","mo":"individual","mv":"Roney","sec":"Hess","r":"failed","ta":"2-5","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":35},{"d":"2025-08-26","mt":"regular","id":"VI-C","ref":"RES 25-195","it":"appointment","t":"Resolution No. 25-195 appointing a member to the Buncombe County Tourism Development Authority (100 or fewer units seat)","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority (TDA).   The term of Larry Crosby as the seat for the owner/operator or hotels, motels, bed and breakfasts, or vacation rental management companies, with 100 or fewer rental units on the TDA, expired on August 31, 2026.   The following are the eligible individuals who applied for the vacancy: Amy Kelly and Ron Mashburn.  ​ The Tourism Development Authority Board Development Committee recommends the appointment of Amy Kelly.  ​ After a roll call vote, Amy Kelly received 5 votes and Ron Mashburn received 2 votes. Therefore, Amy Kelly is hereby appointed to serve in the seat for the owner/operator or hotels, motels, bed and breakfasts, or vacation rental management companies, with 100 or fewer rental units on the TDA, for a three-year term, term to expire August 31, 2028, or until Amy Kemp’s successor has been appointed.   In response to Councilwoman Roney regarding the part-time residency of Ms. Kelly in Atlanta, Georgia, City Attorney Branham said that the State legislature establishes the membership framework for the Buncombe County Tourism Development Authority (TDA), and there is no requirement of having City residency or County residency to serve on the TDA. However, City Council has a policy that Council will give preference for a City resident, but it isn't mandatory and has been waived in the past.   Councilwoman Turner was uncomfortable with appointing a member from out of North Carolina.   Councilwoman Roney did not want to set a precedent on this residency issue.  ​ ​","c":"Economic Development","mo":"individual","mv":"","sec":"","r":"passed","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":37},{"d":"2025-08-26","mt":"regular","id":"W","ref":"RES 25-187 / RES 25-188 / ORD 5164","it":"resolution","t":"Resolution authorizing purchase order with Gillig for five 25-foot hybrid buses for ART (with budget amendment)","desc":"​ 1. ​ Adoption of a resolution authorizing the execution of a purchase order with Gillig to  acquire five (5) 35-foot hybrid buses for Asheville Rides Transit (ART) at $4,924,530,  using the Washington State Department of Enterprise Services Cooperative Purchasing  Agreement and includes approved sole-source technology as part of the turnkey  package.  ​ 2.​ Adoption of a resolution authorizing the sole-source procurement of transit-related  technology equipment and services for the Asheville Rides Transit (ART) transit fleet,  which sole source technology includes CAD/AVL ITS system, video cameras,  surveillance, and automated passenger counters, which will not exceed $337,085,  bringing the total turnkey cost for the five (5) buses to $5,261,615.  ​ 3. Approval of a budget amendment of $4,291,650 to add grant funds for the bus purchases.   Turnkey Gillig Bus Purchase Amount  Five (5) 35-Foot Hybrid Gillig Buses $ 4,924,530  Sole Source Technology for (5) Buses $ 337,085  Total $ 5,261,615  Background:  ​ ​  - ​ Bus Purchase: - ​ 35-foot hybrid buses are to be purchased due to the lack of alternative suitable  options for shorter buses. Gillig does not have 30-foot hybrid buses available for  purchase. - ​ Federal funding to purchase the buses and associated accessories will be  provided from Federal Fiscal 2022 Section 5339c Low or No Emission  Discretionary Funds. - ​ This action includes the sole source technology described below from several  vendors for equipment installed on each bus to ensure that every bus has  consistent technology. - ​ The buses are anticipated to be delivered within 12 to 15 months after the  purchase order is issued, and the local match is already programmed in the  City’s Adopted Capital Improvement Program (CIP). - ​ Pursuant to N.C.G.S. § 143-129(e)(3) this purchase is not subject to standard  requirements for letting of public contracts. - ​ The City of Asheville City Council has previously authorized the use of the  Washington State Department of Enterprise Services Cooperative Purchasing  Agreement to procure transit buses for Asheville Rides Transit. - ​ Sole Source Authorization - ​ The City utilizes multiple integrated transit technology systems in its Asheville  Rides Transit (ART) transit fleet, consisting of thirty-five (35) buses. - ​ These technologies are essential for ensuring uniformity in operations, improving  service reliability, and providing critical safety and passenger information. - ​ For operational standardization and continued compatibility, it is necessary to  ensure that all buses are equipped with the same transit technology platforms. - ​ These platforms include the CAD/AVL (Computer-Aided Dispatch/Automatic  Vehicle Location) system, video surveillance, pedestrian and bike detection, and  automated passenger counters (APC). - ​ Standardizing these systems across the fleet minimizes training time for drivers  and maintenance personnel, improves system interoperability, and ensures data  integrity for critical performance reporting, including ridership statistics and safety  metrics. - ​ To achieve this level of standardization, staff is requesting a sole source  procurement authorization, pursuant to N.C.G.S. § 143-129(e)(6), for the  following technology components to be installed for as long as the Transit  Division continues to use them in the City’s transit fleet: - ​ Hanover Automated Voice Annunciation Systems: Provides audible  passenger announcements and synchronizes with the interior LED  signage to keep riders informed about current and upcoming stops. - ​ Seon-Video Surveillance Cameras: These internal and external video  and audio surveillance systems ensure safety and security throughout  the transit network. Using the same equipment allows consistent data  capture, system monitoring, and streamlined maintenance. - ​ UTA Model 31 (M31) APC. Automated Passenger County (APC) systems  accurately record ridership data, crucial for service planning, reporting,  and optimizing route efficiency. Ensuring all buses use the same APC  system guarantees consistency in data collection across the fleet. - ​ Mobileye Shield Pedestrian and Bike Detection System: This system  provides advanced warning and detection of pedestrians and cyclists,  enhancing safety for vulnerable road users. Standardizing this system  across the fleet promotes a uniform safety protocol. - ​ These technologies are already used on existing ART buses. Therefore,  maintaining consistency across the fleet is crucial for operational efficiency,  compatibility, and safety. ​ ​  - ​ In this case, competitive bidding is not feasible or advisable, as procuring similar  but non-compatible equipment from alternative vendors could result in increased  costs, integration challenges, and potential service disruptions. - ​ The use of sole-source procurement is permitted in this instance pursuant to  N.C.G.S. § 143-129(e)(6) as equipment compatibility is the overriding concern. - ​ The Washington State Department of Enterprise has approved the City of Asheville to  participate in the State’s Cooperative Purchasing Agreement for Transit Buses Master  Contract No. 06719 to purchase buses from Gillig, utilizing the Washington State  Department of Enterprise Services Cooperative Purchasing Agreement approved by the  Washington State Department of Enterprise on October 20, 2021.  Vendor Outreach Efforts: - ​ N/A. Funding for this project is provided in part from Federal Grants. The City is using a  Cooperative Purchasing Agreement for Transit Buses under an existing Master Contract  with the Washington State Department of Enterprise. - ​ Additionally, for the bus technology, this is a sole source procurement due to the need to  standardize equipment across all City buses; therefore, no outreach to additional vendors  was done.  Committee(s): - ​ None.  Pro(s): - ​ This action will enable staff to purchase replacement buses needed to continue to  provide current transit services. - ​ These resolutions will allow the Transit Division to efficiently purchase the technology  equipment and services required to standardize and maintain the City’s CAD/AVL ITS  system, video cameras, real-time audible announcements, and pedestrian and bike  detection transit technology on the ART transit fleet. - ​ Federal Funds will reimburse the City for 80% of the total costs of the five (5) hybrid  buses.  Con(s): - ​ None.  Fiscal Impact: - ​ Funding identified to support the requested action will come from a combination of  Federal Transit Administration (FTA) grants and City funds as outlined below:   Funding sources Amount  FTA 5339 Grants Federal Fiscal Year 2022 section 5339c Low or $ 4,291,650  No Emission Discretionary  City Transit CIP FY 26 (includes 10% required match) $ 969,965  Total $ 5,261,615","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2025-08-26","mt":"regular","id":"X","ref":"RES 25-189","it":"resolution","t":"Resolution authorizing agreement with Buncombe County to provide reduced transit fares for county employees through the ART Passport Program for FY2026 and 2027","desc":"Background: - ​ The City of Asheville developed the Passport Program to offer safe and affordable  transportation options for employees in our community. Participating organizations  include, Biltmore Farms, Biltmore Company, UNCA, Deerfield Retirement Community,  Omni Grove Park Inn, New Belgium, and others. - ​ Through this program, the City of Asheville will partner with Buncombe County by  entering into an agreement where Buncombe County agrees to be invoiced, on a  quarterly basis, for trips taken by their employees using their Employee ID card  (cardholders) for local fiscal years 2026 and 2027. - ​ For the duration of the Agreement, the County shall be charged $0.52 each time a  cardholder boards a City bus. The County shall be required to pay the City no more than  three thousand one hundred twenty-five dollars and zero cents ($3,125.00) per year. - ​ North Carolina General Statue, § 160A-461 Interlocal cooperation authorized, requires a  resolution be ratified by City Council when any unit of local government in the state  enters into contracts or agreements with another.  Vendor Outreach Efforts: - ​ N/A. This is an agreement between the City of Asheville and Buncombe County.  Committee(s): - ​ N/A  Pro(s): - ​ The revenue will help offset the non-grant funded portion of the operational costs. - ​ Reduction of greenhouse gas emissions and traffic congestion.  Con(s): - ​ None  Fiscal Impact:  ​ ​  - ​ The County shall be charged $0.52 each time a cardholder boards a City transit bus. The  County shall be required to pay the City no more than three thousand one hundred  twenty-five dollars and zero cents ($3,125.00) per year. - ​ The revenue helps offset the non-grant funded portion of the operational costs for the  City’s transit system.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2025-08-26","mt":"regular","id":"Y","ref":"ORD 5165 / ORD 5166","it":"ordinance","t":"Ordinance amending the 2025-26 Fees & Charges Manual to include a parking fee for special events at Memorial Stadium (with budget amendment)","desc":"Background: - ​ The community has experienced significant impacts from event participants and  spectators parking illegally during events at Memorial Stadium and McCormick Field. - ​ CREF and the Asheville Tourists developed a comprehensive parking management plan  as part of conditional zoning approval for the McCormick Field Centennial Restoration  and Capital Improvements Project based on traffic and parking being identified as the  community's greatest concern with the project. - ​ Events at Memorial Stadium can draw crowds in excess of 2,000 per event. - ​ The community has expressed satisfaction with the parking management plan that has  been developed and implemented for games and events at McCormick Field. - ​ The Asheville Tourists are willing to contract with the City to provide parking management  services for events at Memorial Stadium. - ​ Event organizers with an attendance in excess of 750 participants will be charged a  parking management fee of $142/hour for a minimum of 3 hours as part of the rental fee  with the City of Asheville.  Council Goal: - ​ A Fiscally Resilient City  Committee(s): - ​ N/A  Pros: - ​ Provides authorization through the Fees and Charges Manual for the City to offer parking  services through Asheville Tourist for Special Events held at Memorial Stadium - ​ Provides a consistent approach for traffic and parking management for all events at  Memorial Stadium and McCormick Field - ​ The parking management plan has been successfully implemented at McCormick Field  and is supported by neighboring community  ​ ​  \fCons: - ​ Might be a financial burden for some youth groups such as Asheville Youth Football &  Cheerleading-Cougars.  Fiscal Impact: - ​ The City anticipates this will generate approximately $15,000 annually. - ​ The City will pay the Asheville Tourists to manage the parking for Memorial Stadium  events, which will be budgeted with this amendment. - ​ The expense will be offset with an additional $15,000 in revenue from the parking fee.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":26},{"d":"2025-08-26","mt":"regular","id":"Z","ref":"RES 25-190","it":"resolution","t":"Resolution authorizing contract with Kimley-Horn and Associates for the North Reed Creek Greenway Phase I","desc":"Background: - ​ Greenways have been a key component of City initiatives and master planning for over  two decades. They are understood as critical “green infrastructure” that provide a  valuable pedestrian and bicycle-focused transportation network as an alternative to the  traditional vehicular-focused network. - ​ Greenways are also recognized as green spaces that offer significant environmental,  psychological, and physical health benefits. (See Greenways of Asheville) - ​ The planning process for the Reed Creek Greenway began in 1999. The first section  opened in 2006. - ​ More recently, a northern expansion of the greenway to W.T. Weaver Blvd. (at the  entrance to UNC Asheville) was dedicated in 2014. - ​ The Reed Creek Greenway has been identified as a priority in the City of Asheville  Greenway, ADA, and Pedestrian (GAP) Plan (adopted October 2022; see Close the  GAP). - ​ In that same year, the French Broad River Metropolitan Planning Organization provided a  grant for a feasibility study to extend the Reed Creek Greenway further north to the  intersection of Broadway Street and Riverside Drive, and south to the intersection of  Clingman Avenue and Hilliard Avenue. - ​ A comprehensive “Reed Creek Greenway Feasibility Study” was completed by McAdams  for the City of Asheville in 2024. The findings in this study will inform the design phase of  this project. - ​ The total contract cost will be $539,660.  ​ ​  - ​ This project includes the Design of a ~0.39 mile greenway that extends the existing Reed  Creek Greenway north towards Riverside Drive. - ​ The greenway shall include a continuous, 12-foot wide paved pathway that follows, in  general, the alignment described under “Alternative #1C, Hillside and Roadside” of the  Feasibility Study. - ​ The Anticipated Design Timeline is September 2025 - September 2026. - ​ The RFQ was issued Feb. 26, 2025. The six (6) firms below were evaluated by a  selection committee, with Kimley-Horn and Associates ranked the highest (most  qualified). - ​ Alta Planning + Design - ​ Civil and Environmental Consultants (CEC) - ​ Flood Focus Engineering - ​ Kimley-Horn - ​ Mattern & Craig Engineers · Surveyors - ​ Summit Design and Engineering - ​ Funding for North Creek Greenway Phase I was approved through a 2024 Bond  Referendum.  Vendor Outreach Efforts: - ​ Staff performed outreach to minority and women owned businesses, through solicitation  processes using the State’s Interactive Purchasing System.  Committee(s): - ​ None  Pro(s): - ​ This project will directly achieve Council goals and resolutions. It will provide a safe,  accessible, multimodal transportation route that connects Downtown to greater Asheville  and beyond. - ​ Greenways are also recognized as “green infrastructure” that offer significant  environmental, psychological, and physical health benefits.  Con(s): - ​ During Construction, traffic flow may be impacted along Broadway Street due to  construction access and staging. This will be addressed through required traffic control  and pedestrian safety measures (if portions of the existing sidewalk are closed).  Fiscal Impact: - ​ The project currently has $3.75M allocated for Design and Construction (inclusive of  Contingency) in the adopted CIP. Through the design process, the cost will be refined  and it will be determined whether the current budget is sufficient or if additional funds will  need to be identified.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":27},{"d":"2025-08-26","mt":"worksession","id":"ws-closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Roney","r":"passed","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-08-26","mt":"worksession","id":"ws-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Ullman","r":"passed","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/1OK68BYY34xZnm1iW9th7qSauslj0_WuJ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-09-09","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the August 21, 2025 worksession and August 26, 2025 formal meeting","desc":"Background: - On February 27, 2018, a resolution was adopted to authorize the City Manager to execute a professional services contract with CDM Smith, Inc. for the Patton Water System Distribution Project 2. - The original contract work included:a survey, a hydraulic analysis, engineering design, construction administration and other related professional services for approximately 10,600 linear feet of 24” potable water transmission main and all associated appurtenances along Patton Avenue from Craven Street to Haywood Road. - The design and construction of first phase of the project from Haywood Rd to Hazel Mill Road has been completed - The final phase of this water transmission project to be completed from Hazel Mill Road to Craven Street is located within NCDOTs I-2513 BD project area and the existing water main must be rerouted along portions of Patton Ave and I-26 because of impacts and conflicts associated with NCDOT’s I-26 widening and relocation project. - COA Water Resources and our consultants at CDM Smith have been cooperating and collaborating with NCDOT on the final phase of the waterline reroute since 2018, however; due to multiple delays and changes to the NCDOT interstate project design, our water transmission main design consultants have had to adjust the line routes, redesign portions, collect additional surveys and geotechnical data, leading to unplanned project expenditures. - A change order to increase the value of the existing professional services contract is needed, in order to complete the final phase of water transmission main design. - Water Resources Staff requested that the consultant provide an amended scope with the additional tasks and costs needed to complete the transmission main design and coordinate the work with NCDOT . - The proposed change order request is based on the amended scope. Vendor Outreach Efforts: - Not applicable, change to an existing contract Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. - Allows COA Water Resources to continue collaboration and cooperation with NCDOT to minimize utility conflicts with the ongoing I-26 widening project Con(s): - None Fiscal Impact: - The funding needed for the professional services agreement is currently allocated within the Water Capital Project Fund in the Small Waterline Replacement Project. Motion: - Move to adopt a resolution authorizing the City Manager to execute a change order with CDM Smith Inc. in the amount of $724,463.00 to increase the Patton Ave, Water System Distribution Project 2 – Professional Services Contract from a total in the amount of $1,583,638.00 to $2,308,101.00.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-09-09","mt":"regular","id":"B","ref":"RES 25-196","it":"resolution","t":"Resolution authorizing change order with CDM Smith Inc. for the Patton Avenue Water System Distribution Project 2","desc":"Background: - On February 27, 2018, a resolution was adopted to authorize the City Manager to execute a professional services contract with CDM Smith, Inc. for the Patton Water System Distribution Project 2. - The original contract work included:a survey, a hydraulic analysis, engineering design, construction administration and other related professional services for approximately 10,600 linear feet of 24” potable water transmission main and all associated appurtenances along Patton Avenue from Craven Street to Haywood Road. - The design and construction of first phase of the project from Haywood Rd to Hazel Mill Road has been completed - The final phase of this water transmission project to be completed from Hazel Mill Road to Craven Street is located within NCDOTs I-2513 BD project area and the existing water main must be rerouted along portions of Patton Ave and I-26 because of impacts and conflicts associated with NCDOT’s I-26 widening and relocation project. - COA Water Resources and our consultants at CDM Smith have been cooperating and collaborating with NCDOT on the final phase of the waterline reroute since 2018, however; due to multiple delays and changes to the NCDOT interstate project design, our water transmission main design consultants have had to adjust the line routes, redesign portions, collect additional surveys and geotechnical data, leading to unplanned project expenditures. - A change order to increase the value of the existing professional services contract is needed, in order to complete the final phase of water transmission main design. - Water Resources Staff requested that the consultant provide an amended scope with the additional tasks and costs needed to complete the transmission main design and coordinate the work with NCDOT . - The proposed change order request is based on the amended scope. Vendor Outreach Efforts: - Not applicable, change to an existing contract Committee(s): - None. Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service. - Allows COA Water Resources to continue collaboration and cooperation with NCDOT to minimize utility conflicts with the ongoing I-26 widening project Con(s): - None Fiscal Impact: - The funding needed for the professional services agreement is currently allocated within the Water Capital Project Fund in the Small Waterline Replacement Project. Motion: - Move to adopt a resolution authorizing the City Manager to execute a change order with CDM Smith Inc. in the amount of $724,463.00 to increase the Patton Ave, Water System Distribution Project 2 – Professional Services Contract from a total in the amount of $1,583,638.00 to $2,308,101.00.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-09-09","mt":"regular","id":"C","ref":"RES 25-197","it":"resolution","t":"Resolution authorizing change order with Ardurra Group Inc. for the Shiloh service line find and replace engineering services contract","desc":"Background: - ​ On July 23, 2024, a resolution was adopted to authorize the City Manager to execute a  professional services contract with WK Dickson who is now known as Ardurra Group INC  for the Shiloh Community Find and Replace Project for $150,000. - ​ The original contract work included that Ardurra provide an Engineering Report (ER), an  Environmental Information Document (EID) which is a requirement of the NC Department  of Water Infrastructure (NC DWI) funding. - ​ City of Asheville Water Resources submitted a second application to NC DWI which  increased the funding for the Shiloh Community project from $2M to $4M. This doubled  the scope of the project. - ​ The increased project scope increased the cost of the Design Bid Requirement, which  will require more project management including permitting, inspections and construction. - ​ NC DWI funding also requires that a Bid and Design Package be submitted and  approved before the construction can begin. - ​ A change order for the Ardurra Group contract is needed to increase the amount from  $150,000.00 to a total of $580,000.00. - ​ Therefore a total of $430,000.00 will be used from the NCDWI funding to pay for the cost  of Design Bid and project management.  Vendor Outreach Efforts: - ​ Not applicable, change to an existing contract  Committee(s): NA  Pro(s): - ​ This project is aligned with the City and the Water Resources Department goal of  continued investment and improvement of the City’s water system, in order to provide  safe and reliable service. - ​ Ardurra Group INC. has successfully provided engineering services for other water  system projects. - ​ Ardurra’s experience with the City of Asheville water system and expertise in water  distribution projects will lead to a successful project and will lessen negative impacts to  customers and the City’s water system. - ​ Direct benefit for the Shiloh community and the residents that live there.  Con(s): - ​ There are no cons with entering into this contract.  Fiscal Impact: - ​ This project is funded with a NC Department of Water Infrastructure award, with funding  split between a grant and a no-interest loan. Funding is already included in the Water  Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-09-09","mt":"regular","id":"D","ref":"RES 25-198","it":"resolution","t":"Resolution authorizing lease renewal agreement between the USA and the City of Asheville for 224 Louisiana Avenue","desc":"Background: - ​ The City of Asheville owns approximately 8.857 acres of real property at 224 Louisiana  Avenue. The U.S. Army has occupied the site since 1950, and currently, the 81st  Regional Support Command (RSC) of the US Army Reserves operates out of the facility. - ​ The United States Congress has made an appropriation that will allow the Army to  purchase land and construct a new complex for relocation and use by the U.S. Army  Reserves operating in the Asheville area. - ​ The entire process of relocating this facility will take as long as five years to accomplish. - ​ The current lease, approved by Council on April 26, 2016, via resolution no 16-88,  expired on December 31, 2020. - ​ In 2019, staff pursued a five-year lease renewal at the request of the U.S. Army’s realty  agent, but an extensive environmental review required by the federal government  prevented the US Army from entering into that lease renewal until now. - ​ The US Army remained on the property during this time under a holdover lease, making  regular rental payments. - ​ The US Army now wishes to enter into a new Lease that will be retroactive to January  2021 and extend until December 31, 2027, with the new rental rate described below. - ​ City Staff recommend a five year lease term ending on December 31, 2025, with an  option to renew for an additional two (2) year period which may be exercised if the US  Army provides additional information to the City regarding the current environment  condition of the property and the lease is amended to reflect mutually agreeable  language regarding the condition in which the property will be left at the end of the final  lease term. - ​ The City of Asheville has commissioned a fair market lease appraisal to determine the  lease rate in today’s market, and it has been approved by the Army’s review appraiser.  The appraised value for a ground lease at this property is $164,000 per year. - ​ The current lease rate of $124,000 per year will increase to $164,000 (retroactive to  2021) with an annual escalation of 3% over the term. - ​ At the end of the term, the site will be available for the City’s use.  Committee(s): - ​ None  Pro(s): ​ ​  - ​ The City receives fair market rent during the term of the lease. - ​ The City will have a planning period during the lease to determine an alternate use for  this site.  Con(s): - ​ The City will lose rental income after the Army vacates the site.  Fiscal Impact: - ​ The revenue from this lease is already budgeted in the General Fund operating budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-09-09","mt":"regular","id":"E","ref":"ORD 5171","it":"ordinance","t":"Budget amendment to accept awarded grant funds from Dogwood Health Trust for the Asheville-Buncombe Continuum of Care","desc":"Background: - ​ The City of Asheville is the designated Lead Agency for the Asheville-Buncombe  Continuum of Care (CoC). The CoC oversees homelessness response in Asheville and  Buncombe County. - ​ The CoC has been awarded $95,000 in funds from Dogwood Health Trust to support  CoC development based on needs identified by the CoC Board.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ N/A  Pro(s): - ​ Supports development of the Asheville-Buncombe Continuum of Care  Con(s): - ​ None noted  Fiscal Impact: - ​ This amendment will add $95,000 to the Special Revenue Fund. - ​ Matching funds will not be required for this grant.","c":"Housing","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-09-09","mt":"regular","id":"F","ref":"RES 25-199 / ORD 5173","it":"resolution","t":"Resolution to enter into a Round 3 cashflow loan agreement with the State of North Carolina (with budget amendment)","desc":"Background: - ​ The North Carolina General Assembly created a $100 million cashflow loan program in  December 2024 to help local governments whose communities were devastated by  Hurricane Helene while they wait for federal reimbursements to arrive. - ​ Asheville received two loan allocations through this program which Council approved via  resolution - $2.8M in March 2025 and $1.8M in June 2025. - ​ On July 31, 2025 The State Treasurer announced that an additional $51.5M in loans  (Round 3) would be made available through the program. - ​ The City received notification that it was awarded a Round 3 loan of $12.2M. - ​ Asheville’s loan amount is higher in Round 3 due in part to the fact that the City, with  assistance from Hagerty, has been very successful in moving projects forward and  getting them submitted to FEMA for funding consideration. - ​ Council has approved a number of budget amendments over the last two months for  recovery projects, including the water treatment systems and muni golf course design.  This $12.2M loan will help assist with cash flow as spending starts to occur on these  projects while the City awaits FEMA reimbursements. - ​ The loan, which is not structured as a forgivable loan due to duplication of benefit  concerns with FEMA funding, comes with a 0% interest rate and a five-year payback  schedule. - ​ To participate in the cashflow loan program Round 3, local governments must execute a  loan agreement, promissory note, and other associated agreements with the State. - ​ Staff is recommending approval of a resolution accepting this third round of loan funding  from the State and authorizing the City Manager to execute necessary documents to  participate in the loan program.  Pro(s): - ​ While the loan can’t be utilized to replace revenue that City lost due to Helene, it will help  with overall cash flow and strengthen the City’s balance sheet. - ​ The State has indicated the possibility of multiple rounds of financial support so  acceptance of this loan will help demonstrate to the State and other potential funders that  there is a continued need for additional Helene-related assistance.  Con(s): - ​ None  ​ ​  \fFiscal Impact: - ​ As noted above, the City will receive approximately $12.2 million in cash from the loan to  support Helene-related expenses. - ​ The loan is designed to be a cash flow bridge until FEMA reimbursements are received,  which will then be used to pay back the loan. - ​ Unlike the Community Disaster Loan (CDL) program, which allows funding to be used to  maintain essential government services after a natural disaster, the funding from this  State loan can only be used for Helene-related response expenses that will ultimately be  reimbursed as part of the FEMA Public Assistance Program.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-09-09","mt":"regular","id":"G","ref":"RES 25-200","it":"resolution","t":"Resolution authorizing extension of contract with Responder Support Services for employee counseling services through October 31, 2025 and increasing the not-to-exceed amount","desc":"Background: - ​ The City of Asheville contracts with RSS to provide individual counseling services to  employees and their families. - ​ The current contract expires and the City is in the process of developing and releasing an  RFP to select a vendor through the competitive bidding process. - ​ The amendment will extend the contract through 10-31-25 and increase the total contract  amount by $7,250 to $181,249. - ​ The requested amendment will allow time for the RFP process to be completed while  ensuring no disruption in services to employees and families utilizing counseling services.  Vendor Outreach Efforts: - ​ Current Contract - N/A  Committee(s): - ​ N/A  Pro(s): - ​ Fulfills employee and employee family benefit needs.  Con(s): - ​ None  ​ ​  \fFiscal Impact: - ​ Funding for this contract is available in the Health Fund operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-09-09","mt":"regular","id":"H","ref":"RES 25-201","it":"resolution","t":"Resolution permitting possession and consumption of malt beverages/unfortified wine at the Asheville Lovely Fall Festival on October 11-12, 2025","desc":"Background: - ​ N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit  the consumption and/or possession of open containers of malt beverages and unfortified  wine on the public streets and property owned, occupied, or controlled by the City and to  regulate or prohibit the possession of malt beverages and unfortified wine on public  streets, alleys or parking lots which are temporarily closed to regular traffic for special  events. - ​ The City Council of the City of Asheville has adopted an ordinance pursuant to that  statutory authority; and that ordinance, codified as Section 11-11 in the Code of  Ordinances of the City of Asheville, provides that the City Council may adopt a resolution  making other provisions for the possession of malt beverages and/or unfortified wine at a  special event or community festival. - ​ Asheville Creative Arts has requested that City Council permit them to serve beer and/or  unfortified wine at the Lovely Asheville Fall Festival on October 11 through 12, 2025, at  Pack Square Park and allow for consumption at the event. - ​ Alcohol boundaries are defined as per the accompanying event site maps.  Committee(s): - ​ None  Pro(s): - ​ Allows fundraising opportunities for the sponsoring nonprofit organization.  Con(s): - ​ None  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-09-09","mt":"regular","id":"I","ref":"RES 25-202","it":"resolution","t":"Resolution authorizing informal construction contract with United Elevator for modernization of the freight elevator at Harrah's Cherokee Center Asheville","desc":"Background: - ​ The HCCA elevator is original to the construction of the arena dating to the early 1970’s. - ​ In 2023, staff applied for and were awarded grant funding through the Buncombe County  Tourism Development Authority's Legacy Investment From Tourism (LIFT) Fund. - ​ Matching funds for the LIFT grant are supplied through the naming rights agreement with  Harrah’s Cherokee. - ​ The planned improvements include, new controls, hoist, machine rope, doors, brakes and  safety features.  Vendor Outreach Efforts: - ​ Staff performed outreach to minority & women owned businesses through solicitation  processes using the State’s interactive purchasing system. - ​ Seven companies participated in site visits to review the project - ​ Two companies formally submitted a bid for the project with United elevator as the lowest  responsive and responsible bidder. - ​ Bids were advertised on June 5, 2025. Two bids were submitted; - ​ United Elevator, Knoxville, TN, $312,900 - ​ Elevated, Charlotte, NC $369,370 - ​ Total Contract amount of $344,190 includes a 10% contingency budget. - ​ Neither responding companies were MWBE companies. .  Committee(s): - ​ NA  Pro(s): - ​ Upgrades will provide a safer and more efficient experience for guests and venue clients  Con(s): - ​ Venue will temporarily be required to operate with one functional elevator during the  construction period.  Fiscal Impact: - ​ Funding for this contract was previously budgeted and is available in the HCCA Capital  Improvements fund.","c":"Economic Development","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-09-09","mt":"regular","id":"IV-A","ref":"ORD 5175","it":"public_hearing","t":"Public hearing to amend Chapter 7 of the Code of Ordinances (boards and commissions)","desc":"​ Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the Unified Development Ordinance to (1) better align with N.C. Gen. Stat. and Buncombe County County Government practices by revising number of members, and appointments, (2) remove quasi-judicial public noticing; and (3) make submitting Board of Adjustment (BOA) applications and administrative appeals more efficient by submitting them directly to the Planning Director, or their designee, rather than the City Clerk’s office. This public hearing was advertised on August 29 and September 5, 2025.  Background:  ​ ​  - ​ The General Assembly of North Carolina passed Session Law 20-13-276 entitled “An Act  to Clarify and Modernize Statutes regarding Zoning Boards of Adjustment,” effective  October 1, 2013, which resulted in a number of modifications to N. C. Gen. Stat. sec.  160D-302 which governs the composition, duties and procedures of the Board of  Adjustment. - ​ On January 28, 2014, the Asheville City Council adopted Ordinance No. 4274,  “Ordinance Amending Chapter 7 of the Code of Ordinances of the City of Asheville  concerning Board of Adjustment procedures.” - ​ City staff believe it is in the best interest to amend the membership terms to align them  with N.C. Session Law 2013-30 regarding the Buncombe County Board of  Commissioners appointments and to amend the location where appeals for zoning  decisions are filed. - ​ The amendment will revise the BOA membership to consist of a total of five regular  members and three (was seven) alternate members. Four regular members and two (was  five) alternate members to be appointed by City Council; and one regular member and  one (was two) alternate members to be appointed by the Buncombe County Board of  Commissioners. - ​ The amendment to the location where appeals for zoning decisions are filed is from the  city clerk to the online permit system, or the Planning Director or their designee. - ​ The General Assembly in 2021 made updates to the required notices for quasi-judicial  hearings, removing the requirement for published notices. - ​ Staff believe it is in the best interest to amend the requirement for the published notice for  quasi-judicial boards and hearings especially because only those with standing may  participate in the discussion so general notices may be confusing to the public. - ​ Staff is working internally and with the Communication & Public Engagement department  to develop an improved means to provide public notice for these meetings. - ​ The Planning and Zoning Commission recommended that in lieu of the  published notice, that staff also send a notice to any potential neighborhood  association in addition to the adjacent property owners.  Comprehensive Plan Consistency: - ​ These proposed amendments support the Living Asheville Comprehensive Plan by the  following:  Encourage Responsible Growth: - ​ by promoting clear and effective communication between city residents  at all stages of development through streamlining the Board of  Adjustments processes; and , - ​ by improving government efficiency.  Fiscal Impact: - ​ Saves $3,300.00-$5,700.00 annually in posting/noticing fees.  Staff Recommendation: - ​ Staff recommends approval of this zoning text amendment request based on the reasons  stated above.  ​ Mr. Palmquist reviewed the proposed amendments as follows: (1) 7-3-3 - The board of adjustment for the City of Asheville shall consist of five regular members and three seven alternate members. Four regular members and two five alternate members who are residents of the City of Asheville shall be appointed by the Asheville City Council. Two One regular member and one two alternate member who resides within one mile of the municipal limits shall be appointed by the Buncombe County Board of Commissioners, pursuant to N.C. Session Law 2013-30; (2) 7-5-20 - Published notice shall not be required for quasi-judicial hearings, with the exception of hearings for special use permits. PZC: Include Neighborhood Associations in mailing; and (3) 7-6-1 +7-6-2 - Planning Director, or designee receive applications, not city clerk. The following was the review process (1) Board of Adjustment - Feb 26, 2024: approved initial conceptual proposal; (2) Planning & Zoning Commission - May 20, 2024: Approved initial conceptual proposal (Vote 7:0); and (3) Planning & Zoning Commission - August 6, 2025: Approved current proposal (Vote 6:0) - Separated ADU amendment; Included condition for Neighborhood Association notification for Quasi-Judicial matters. He said the amendments comply with the Living Asheville Comprehensive Plan goals by (1) Encourage Responsible Growth: (a) by promoting clear and effective communication between city residents at all stages of development through streamlining the Board of Adjustments processes; and (b) by improving government efficiency; and (2) Responsible Regionalism (a) Improve Regional Collaboration, Coordination, and Communication; (b) Interwoven Equity - Community Involvement in Decision-Making; and (c) A Healthy Community - Fiscal Sustainability. Additional alignment considerations are (1) NCGS - Statutory Compliance; (2) Buncombe County Processes - Clearer coordination; and (3) FAST - Confusion for submitting flood variances. Staff recommends Council approve the proposed wording amendments to Chapter 7 of the Asheville Code of Ordinances and find that the proposed amendments are reasonable, are in the public interest, are consistent with the City's comprehensive plan and meet the development needs of the community in that the amendments will: 1) align boards and commissions with statutory requirements; and, 2) improve the efficiency of city operations.  ​ In response to Councilwoman Roney, Mr. Palmquist said that signage will still be posted on the property.  ​ Mayor Manheimer opened the public hearing at 6:24 p.m., and when no one spoke, she closed the public hearing at 6:24 p.m.  ​ Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.  ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2025-09-09","mt":"regular","id":"IV-B","ref":"ORD 5176","it":"public_hearing","t":"Public hearing to amend the conditional zoning of properties at 1617 Hendersonville Road (site plan and conditions)","desc":"​ Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the conditional zoning of 28 properties totalling approximately 125 acres located at 1617 Hendersonville Road for the purposes of amending the site plan and conditions. This public hearing was advertised on August 29 and September 5, 2025.  Project Location and Contacts: - ​ The project site consists of a 120-acre parcel located at 1617 Hendersonville Rd (PIN  9645-89-9707) and 27 smaller parcels within the community. - ​ Owner name: Deerfield Episcopal Retirement Community Inc  Summary of Petition:  Project Site - ​ The project site consists of one large property, and 27 smaller properties totalling  approximately 125 acres located at 1617 Hendersonville Rd. - ​ The project site is the Deerfield Episcopal Retirement Community, a faith-based,  non-profit retirement community offering a full continuum of care, including independent  living, assisted living, and skilled nursing care on-site. - ​ The main property at 1617 Hendersonville Rd is approximately 120 acres (PIN  9645-89-9707). The 27 additional parcels within the conditional zoning total  approximately 5 acres and are: 14, 18, 28, 38, 39, 48, 49, 55, 58, and 59 Glastonbury Ln,  9, 15, and 17 Hastings Ct, and 1, 2, 3, 5, 6, 7, 19, 21, 22, 32, 42, 52, 57, and 62  Lincolnshire Loop and PINs 9645-80-8283, -8698, -9351, -9708, -9826, 9649-90-0309,  -0448, -0578, -0742, -1117, -1177, -1341, -1494, -1796, -2176, -2362, -2515, -2616,  -3138, -3294, -3329, -3488, -3706, -4330, -4528, -4722, and -5823 - ​ The community was founded in 1955 and has been expanded multiple times over the  years, most recently through a Conditional Use Permit approved in 2008. - ​ The site is currently zoned Commercial Expansion - Conditional Zone (COM EXP-CZ) by  Ord. No. 4397, adopted on August 24, 2021, for the purposes of constructing a major  expansion of the existing Deerfield retirement community along with associated site  improvements including parking, open space, and sidewalk connections. - ​ Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM), the  site is designated “Residential Neighborhood.” A change to the Future Land Use map is  not required.   Overall Project Proposal - ​ The project proposes a major amendment of similar scale to the previously approved  conditional zoning at the Deerfield site, mainly on the vacant southern half of the main  parcel. The project consists primarily of new building construction, and also includes  additions to existing buildings on the northern portion of the site. - ​ The existing conditional zoning for the expansion approved in 2021 proposed a total new ​ ​  \f building construction of approximately 833,000 sq. ft. This amendment proposes a total  new building construction of approximately 822,300 sq. ft. - ​ The project proposes the following new building construction, built in phases as  appropriate: - ​ Expansion of the existing skilled nursing facility (approximately 23,500 sq. ft.) - ​ 9% increase from the original CZ of 21,500 sq. ft. - ​ A new, five-story independent living building with 69 units (approximately 191,000  sq. ft.) - ​ 13% decrease from the original CZ of 220,000 sq. ft. - ​ 12 new “Hybrid” buildings, each with 16 Independent Living apartments  (approximately 45,600 square feet per building, and 547,200 sq. ft. total) - ​ A 27% increase per building from the original CZ of 36,000 sq. ft. per  building. - ​ Three separate building additions to the existing Haden Hall, totalling 48,400 sq.  ft., as identified on site plan as Haden Hall East: 6 stories tall to match existing  Haden Hall height, Haden Hall South: 3 stories tall, and Haden Hall West: 1 story  tall - ​ A 67% decrease from the original CZ of 148,000 sq. ft. - ​ An addition to the existing Community Center for a new multi-purpose room  (approximately 9,000 sq. ft.) - ​ No change from original CZ - ​ A new outdoor center building (approximately 9,400 sq. ft.). - ​ Not proposed in the original CZ - ​ Several existing buildings will be renovated and repurposed as part of this  expansion project. - ​ Other site improvements include: - ​ Approximately 333 parking spaces in new surface parking lots and expansions of  existing surface parking lots, 69 structured parking spaces within the proposed  new Independent Living Building, and parking spaces within individual residential  driveways and garages. - ​ The proposed 128-space parking structure in the original CZ has been  removed. - ​ Extensive landscaping, walking trails, preserved trees, and new tree plantings. - ​ The proposed water feature in the original CZ has been removed. - ​ A Type “B” 30’-wide Landscape Buffer where the project site abuts residential  zoning districts along its western, southern, and southeastern boundaries. - ​ A minimum of 10% of the total project site designated as Open Space. - ​ Compliance with the Tree Canopy Preservation standards in Article XIX of the  UDO. - ​ Per the draft Exhibit E - Project Conditions, all proposed building sizes and units may  vary up to 10% in the final plan. - ​ The tallest building will not exceed 65’ in height. The final approved plans shall  substantially comply with the conceptual master plan and building elevation exhibits  contained within Exhibit D.​   Access, Sidewalks and Parking - ​ Vehicular access to the Project will continue to be from Hendersonville Rd via Valley  Springs Rd, Lambeth Dr, and Racquet Club Rd. Internal access and circulation will be via  a private drive, as shown on the site plan. - ​ The project site is located on the ART S6 bus route. A bus stop was installed on the  project site pursuant to the 2008 Conditional Use Permit (CUP). That bus stop will remain  on site. - ​ New sidewalk along Hendersonville Rd along the project’s frontage built to City  standards, with final design to be approved by the City Traffic Engineer. ​ ​  - ​ Internal sidewalks, walking surfaces, and pedestrian connections, as approximately  shown on the site plan, ranging from 5’ to 8’ in width.  Staff Recommendation: - ​ Staff recommends approval of this rezoning request based on the reasons stated below.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - ​ The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including:  -​ Encourage Responsible Growth - by prioritizing greater densities of  development overall, throughout the city as appropriate.  -​ Increase and Diversify the Housing Supply - by ensuring a diverse mix of  housing to accommodate a broad range of age groups, lifestyle choices and  affordability levels.  -​ Increase Access to Opportunities for All - by realizing goals for an Age  Friendly Community. - ​ The proposed rezoning is compatible with the proposed Future Land Use designation of  \"Residential Neighborhood\", which is proposed, in part, that, “Over time, residential  neighborhoods can benefit from having more housing diversity such as accessory  apartments, duplexes and other types of small-scale infill housing”.  Compatibility Analysis: - ​ The project is integrated into the existing Deerfield retirement community and is,  therefore, consistent and compatible with that community that already provides a full  range of housing types and support services. - ​ The existing community and proposed expansion is compatible with the surrounding  residential land uses.  Committee(s): - ​ Planning & Zoning Commission (PZC) - August 6, 2025 - Continued at the applicant’s  request to allow for more time to work through requested amendments with the  surrounding neighborhood. - ​ Planning & Zoning Commission (PZC) - September 3, 2025 Recommend approval (Vote:  4-1) with the following conditions.1) Incorporation of the amended “E1 conditions”, as  presented, with additional clarification that the funds for the buffer landscaping on the  Ramble HOA property shall be transferred to the Ramble HOA or its designee; 2)  ​ ​  \f Amendment of Project Condition #4 to state a maximum total building square footage of  822,300 sq. ft. and a maximum unit count of 261; and, 3) An additional condition for a  sidewalk connection through Salisbury Drive on the subject property.  ​ Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) New building construction totalling approximately 822,300 sq. ft.; (2) 261 independent living units, 10 assisted living units, and 24 health center beds; (3) 333 surface parking spaces and 69 structured parking spaces - 325 min/607 max (plus spaces for employees); (4) Landscaping, Planted Buffer, TCP, and Open Space; (6) A) Health Center Addition - 23,500 sq. ft - 2 stories; (7) E) Hayden Hall Additions - 48,400 sq. ft.; (8) East: 6 stories - South: 3 stories; West: 1 story; (9) G) Blue Ridge Community Room Addition - 9,000 sq. ft.; 2 stories; (10) H) Independent Living Building - 69 units and 191,000 sq. ft.; 5 stories; (11) I) Hybrid Homes - 547,200 sq. ft. - 12 new buildings; 16 units and 45,600 sq. ft. each; 3/4 stories; and (12) K) Outdoor Center - 9,400 sq. ft.; 2 stories. He showed the conceptual master plan comparisons. The conditions are (1) All proposed building sizes and number of proposed units may vary up to 10% in the final plan, not to exceed the maximum sq. ft. and unit counts.; (2) The tallest new building will not exceed 65’ in height; (3) The operation of the Grounds Maintenance Building will be located off campus; (4) Funds dedicated to additional landscape screening on HOA-owned property that borders the Deerfield site; (5) A new sidewalk will be built on Hendersonville Rd along the project’s frontage, designed to City standards in coordination with NCDOT, with final design to be approved by the City Traffic Engineer; and (6) Internal sidewalks, walking surfaces, and pedestrian connections, as approximately shown on the site plan, ranging from 5’ to 8’ in width. Regarding southeast parking conditions, (1) Limits on number of spaces and vehicles to be parked; (2) Details on covered golf cart parking design; (3) Specifications on site lighting; (4) 8’-tall privacy fence; (5) Temporary, construction screening; and (6) Details on dumpster and trash compactor location. For the review process, (1) Technical Review Committee (TRC) - June 6, 2021 - Approved with conditions; and (2) Planning and Zoning Commission (PZC) - September 3, 2025 - Approved (Vote 4:1) with the following conditions: 1) Incorporation of the amended “E1 conditions”, as presented, with additional clarification that the funds for the buffer landscaping on the Ramble HOA property shall be transferred to the Ramble HOA or its designee; 2) Amendment of Project Condition #4 to state a maximum total building square footage of 822,300 sq. ft. and a maximum unit count of 261; and, 3) An additional condition for a sidewalk connection through Salisbury Drive on the subject property. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  ​ Councilwoman Roney asked if the applicant is pursuing any renewable energy options and/or is there anything preventing them from the future adoption of renewable energy options. Mr. Palmquist said he would have to defer to the applicant to respond.  ​ Councilwoman Roney asked where we are at with tree canopy preservation requirements. Mr. Palmquist said they will be required for the entire site, but he would have to look back at the 2021 Technical Review Committee report, but essentially that entire 125 acre area that the Deerfield area consists of will be calculated through that requirement. He recalled that at the last review they met the vast majority of that requirement. That was not reviewed at this stage of the project.  ​ In response to Councilwoman Roney about what is typically included in the application for the conditional zoning process. Mr. Palmquist said the applicant’s Exhibit D contains most, if not all, of the drawings you would typically see in a conditional zoning review. Those were provided as supplemental information since the time of original submission. Things like stormwater plans that are still very conceptual were not initially included; detailed landscape drawings were not initially included and that was in response to the level of detail and certainty they had in their ​ ​  \fdevelopment drawings at that stage. Staff was willing to accept that and take it through as a more conceptual review. Council has done that for a few projects that are larger and more complex and might take more time to work out the details on.  ​ When Councilwoman Roney asked if the Unified Development Ordinance (UDO) allows this type of master plan review without those documents, Mr. Palmquist said that the UDO is not very specific. Staff have checklists for conceptual review for conditional zonings and we are able to administer some flexibility around those things. We are not necessarily super tied down by the UDO itself.  ​ Councilwoman Roney said that she did talk with the applicant about permeable parking surfaces and wondered if our development standards give us an option of some voluntary support in our stormwater efforts. After talking with the neighborhood, she wondered if the applicant would be willing to (1) reduce the number of parking spaces; (2) do permeable instead of impervious surfaces; and (3) use the main entrance for the construction traffic.  ​ Mr. Bob Oast, attorney representing Deerfield, explained how Deerfield would like to expand their facilities in south Asheville. He explained that this is an amendment to the existing conditional zoning of 2021. He said that Deerfield has met numerous times with neighbors and has made major adjustments to the site plan, with the main adjustment being the relocation of the grounds maintenance facility to an off-site location. Other changes include, but are not limited to, enhanced buffers, conditions, lighting, etc. All of which are conditions for the project. The project complies with several different goals of the Living Asheville Comprehensive Plan. He said that a letter was sent to Mr. Palmquist which detailed the approximately $3 Million in sustainability efforts over the past 7-10 years. Deerfield has also made substantial financial contributions to the City’s Affordable Housing Trust Fund. He urged City Council to support this conditional zoning amendment.  ​ Mr. Chris Day, with Civil Design Concepts, went into details of the project, noting that they have eliminated all of the jurisdictional impact for wetlands and streams in the south campus. This plan protects more of the canopy, the forest and the existing environmental features. There have been over 30 meetings and phone calls with neighbors. He felt that concerns have been expressed by the neighbors about what will happen in the southeast portion of the property parking lot. He felt they have addressed those concerns in the conditions, regarding outdoor lighting, 6-foot tall temporary construction fence, landscape buffer plantings and new permanent privacy fence, funding to the Ramble HOA landscape architect for additional buffer plantings on the Ramble HOA property, parking lot in southeast area limited to personal vehicles, etc. They have met with the City’s Traffic Engineer and N.C. Dept. of Transportation to ensure that access for construction vehicles are done in a safe manner.  ​ Mr. Day responded to Vice-Mayor Mosley when she asked if the applicant could reduce the number of 135 parking spaces. He said that they need the 135 parking spaces on the site. The plans have evolved, but there always was 100 parking spaces and the grounds maintenance facility in the southeast corner, and then they relocated the grounds maintenance building, so they added an additional 35 needed parking spaces, for a total of 135 spaces. He noted that the applicant would like to amend the condition no. 7 to delete the word “minimum” parking requirements, because they don’t want more parking than they need. They have also committed to 444 plants in the buffer on our side of the line.  ​ Ms. Libby Bush, CEO and President of Deerfield, provided Council with the description, statistics and activities of Deerfield . They want to enrich the lives of those who live in Deerfield and want to offer more options.  ​ Mayor Manheimer opened the public hearing at 7:19 p.m. ​ ​  \f​ ​ Ten individuals were not opposed to Deerfield’s residential buildings; however, they spoke in opposition to the proposed conditional zoning amendment for various reasons, some being, but are not limited to: 135 parking spaces are too many in the southeast corner which will have a negative effect on property values, cause people to more, and is not in keeping with the character of the neighborhood; need to explore alternate route (other than Racquet Club Road) for construction vehicles because Racquet Club Road it is an active road with many pedestrians and existing traffic with serious safety concerns; noise from golf carts and employees opening and closing doors; fumes, water runoff; oil and gas dripped from cars running into Dingle Creek; need for additional watershed protection measures; and question completeness of application and have appealed to the Board of Adjustment who will hear appeal on September 22.  ​ Mayor Manheimer closed the public hearing at 7:59 p.m.  ​ Mr. Day responded to various questions/comments from Council, some being, but are not limited to: confirmation that the lighting in the parking lot meets the City’s dark sky ordinance with no light spillage over the parking lot; confirmation that the very wooded area in the southeast corner will not be cleared and re-planted; confirmation of their stormwater mitigation including a series of rain gardens and stormwater ponds; confirmation that it is not possible to reduce the parking spaces in this particular southeast section and spread them throughout the development; and confirmation that the site plan cannot be flipped so that parking spaces can be on the southwest corner of the site and the houses on the southeast corner.  ​ In response to Councilwoman Roney regarding the pending Board of Adjustment appeal, City Attorney Branham said that current North Carolina law does not impose a stay on the rezoning process while an appeal to a board of adjustment is pending. If requested by the applicant to move forward, Council must move forward with the request in a timely manner. When the Board of Adjustment renders a final decision, that can be appealed again to Superior Court. Depending upon the outcome, it may have an effect after the fact on what Council does tonight.  ​ Councilwoman Roney felt she could support this amendment since the parking requirements can go below the minimum requirements.  ​ Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.  ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Hess","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":20},{"d":"2025-09-09","mt":"regular","id":"J","ref":"RES 25-203","it":"resolution","t":"Resolution authorizing amendment to the contract with Daikin Applied for Harrah's Cherokee Center Asheville's building automation","desc":"Background: - ​ HCCA has been upgrading the HVAC Building Automation system for nearly 2 years  (Software, service, computer and communications equipment) - ​ To date, approximately 80% of the Building Automation system has been upgraded. - ​ The amendment to this contract includes work of replacement of 2 new primary control  JACE modules and controllers for air handlers and VAV units and the integration and  programming of modules and controllers along with support signal boosters. - ​ This will ensure seamless and continuous uninterrupted operations of the HVAC system  during events. - ​ The additions allow better temperature control by HCCA staff and increased energy  efficiency.  Vendor Outreach Efforts: - ​ When initially contracted, staff performed an informal bidding process which included  outreach to  Minority & Women-Owned Business Enterprise (MWBE) service providers for services. - ​ No MWBE service providers responded.  Committee(s): - ​ None  Pro(s): - ​ Reduced energy consumption with well maintained equipment with intelligent controls. - ​ Immediate, contractual service response for potential outage repairs that are not in the  skill set of current facility staff.  Con(s): - ​ None.  Fiscal Impact: - ​ Funds are budgeted within the Harrah’s Cherokee Center’s Capital Projects Fund  ($25,600).","c":"Contracts & Procurement","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-09-09","mt":"regular","id":"K","ref":"RES 25-204","it":"resolution","t":"Resolution authorizing amendment to Harrah's Cherokee Center Asheville's contract with Pepsi Cola Bottling Company of Hickory NC","desc":"Background: - ​ After a competitive bid process, in December 2020 staff executed a six year sponsorship  agreement with Pepsi Bottling Company of Hickory NC. - ​ Pepsi provides equipment (refrigerators, coolers, recycling bins and ice machines) and  service upkeep for the HCCA at an in kind value of over $125,000 annually. - ​ Pepsi will increase their annual cash sponsorship of the venue from $5,000 to $13,500 - ​ Pepsi will increase their annual complimentary product provided to the venue from 100  cases to over 350 cases. - ​ Pepsi provides fair product purchase rates, with locked in maximum increases for the  duration of the contract. - ​ Pepsi, HCCA staff and the Eastern Band of Cherokee Indians have worked diligently  together for well over a year to create an opportunity for the HCCA to drastically reduce  the amount of single use plastic bottles sold at the venue. - ​ On average over 40,000 plastic bottles are sold at the HCCA - ​ The amendment to the agreement introduces Cherokee Water, a 16oz canned water  option. In addition all carbonated beverages will transition to 12 and 16oz cans. - ​ Plastic bottle sales should decrease by over 90%. - ​ The amended contract will increase the annual product purchase for resale budget from  $120,000 to $150,000 annually and will increase the contract maximum from $600,000 to  $1,350,000. - ​ Average profit margin on Pepsi products sold at the HCCA is 42%. - ​ HCCA will continue to exclusively sell Pepsi distributed products in the Non-alcoholic  beverage categories of carbonated beverages, water and sport drinks.  Committee(s): - ​ None  Pro(s): - ​ Guaranteed purchase rates for the HCCA Food & Beverage department - ​ Drastic reduction in single use plastic bottle sales - ​ Increase in annual cash sponsorship - ​ In line with plastic free Asheville goals  Con(s): ​ ​  - ​ None.  Fiscal Impact: - ​ Funding (not to exceed $150,000 annually) is available in the HCCA operating budget. - ​ Purchases through this contract are offset by product sales and will generate additional  revenue.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-09-09","mt":"regular","id":"L","ref":"RES 25-205","it":"resolution","t":"Resolution authorizing contract with NV5 Engineerings and Consultants Inc. for the London Road Sidewalk Improvements Project","desc":"Background: - ​ The City of Asheville is committed to expanding its network of pedestrian routes and  ensuring they are safe, accessible, and comfortable for all users. - ​ The plan to achieve this is described in the City of Asheville’s Greenway, ADA, and  Pedestrian (GAP) Plan, adopted by the City Council in October 2022. The GAP plan  produced detailed project prioritization lists for top-ranked ADA and Pedestrian Plan  projects. - ​ London Road is included in the GAP Plan’s project prioritization lists for pedestrian  improvements, including ADA compliance. - ​ This project includes the design of approximately 0.4 miles of new sidewalk and  drainage along London Road, from adjacent to the intersection with Sweeten Creek  Road, to the intersection with Belvedere Road. - ​ Easement and Right-of-Way acquisition, as well as Construction Administration, are  included in the scope. - ​ The Anticipated Design Timeline is September 2025 - September 2026. - ​ The Request for Qualifications (RFQ) was advertised on April 11, 2025. The ten (10)  firms listed below submitted statements of qualifications, and were evaluated by a city  staff selection committee. NV5 ranked the highest (most qualified). - ​ Baker Engineering - ​ Bowman Consulting - ​ Kimley-Horn and Associates - ​ Mattern & Craig Engineers · Surveyors - ​ NV5 Engineers and Consultants - ​ Passero Associates - ​ Rummel, Klepper & Kahl (RK&K) ​ ​  - ​ Terra Firma Design - ​ TranSystems - ​ WSP - ​ Funding for London Road Sidewalk Improvements was approved through a 2024 Bond  Referendum.  Vendor Outreach Efforts: - ​ Staff performed outreach to minority and women owned businesses, through solicitation  processes using the State’s Interactive Purchasing System in accordance with the State  statute regarding professional service contracts.  Committee(s): - ​ None  Pro(s): - ​ This project will directly achieve City goals. - ​ It will provide a safe, accessible, pedestrian route that connects neighborhoods to  Downtown and surrounding amenities.  Con(s): - ​ During Construction, traffic flow will be impacted along London Road. This will be  addressed through required traffic control and pedestrian safety measures (if portions of  the existing sidewalk are closed).  Fiscal Impact: - ​ The $292,340 is allocated for design, and total project costs are fully funded with 2024  General Obligation Bonds.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-09-09","mt":"regular","id":"M","ref":"RES 25-206 / ORD 5173","it":"resolution","t":"Resolution authorizing contract with Olin Partnership Limited to rebuild the Azalea Parks and Infrastructure System (with budget amendment)","desc":"Background: - ​ In late September 2024, the City of Asheville experienced unprecedented rainfall both  from Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th, 2024 in relation to Tropical Storm  Helene. - ​ It is estimated that storm damage to city-owned infrastructure totals at $1 billion, and that  rebuilding will take years. - ​ The focus of infrastructure recovery, in the short term, is to assess damage and lay the  groundwork for the long-term effort. The City is committed to doing this in a way that  promotes efficiency and ensures maximum use of outside funding sources. - ​ FEMA Public Assistance (FEMA PA) guidance recommends grouping damage  assessment and repair into logical projects. - ​ The Azalea Parks and Infrastructure components have been combined into one FEMA  PA design project and includes Gashes Creek Road bridge and dam, Azalea Road East,  Recreation Park and Azalea Park, including the swimming pool and support buildings. - ​ On April 24th, 2025 staff posted a Request for Qualifications  (298-AzaleaParkRecovery-FY25) for this project soliciting statements of qualifications  from interested design firms for full design services, including a review/inventory  damages, providing resilient design services, cost estimates and FEMA coordination. - ​ Eighteen different statements of qualifications were received from across the country. - ​ A seven member selection committee evaluated and ranked the statements of  qualifications and interviewed two firms. - ​ Olin Partnership Limited, with offices in Philadelphia, PA and Los Angeles CA was  selected as the most qualified firm based on the criteria listed in the RFQ. - ​ Funding for this project is anticipated to come from multiple sources, including FEMA PA,  Hazard Mitigation Grant Program (HMGP), and Community Development Block  Grant-Disaster Recovery (CDBG-DR) grants. - ​ Design Phases - ​ Phase I - The scope of this contract phase includes preliminary bridge and dam  alternatives analysis, Hydrologic and Hydraulic Modeling, and benefit cost  analyses for alternatives. - ​ This design service will be used to support a HMGP advanced assistance  application and provide more clear direction for the Phase II design work, both  anticipated in October 2025. - ​ Phase II - Design concepts are further vetted along with the technical  requirements and the related requirements of federal funding sources through  60% design, and will support a HMGP implementation and construction grant  application anticipated in the summer of 2026. - ​ Phase III - This phase will pick up the design from 60% and carry it through  Construction Administration. - ​ Phases II and III may result in independent or combined contract amendments  depending on the findings of the Phase I design efforts.  ​ ​  - ​ Due to the overlap of flood studies between the bridge, dam and park elements,  the early design of these elements will occur concurrently. - ​ However, if there are opportunities to break-out later phases of design or  construction (like the bridge and dam for example) into early or separate bid  packages, we will do that wherever possible.  Vendor Outreach Efforts: - ​ This is a professional services qualifications based selection process following NCGS  143-64.31 - ​ Staff performed outreach to minority and women owned businesses (MWBE) through  solicitation processes using the NC electronic Vendor Portal (eVP) - ​ Staff also contacted twelve MWBE vendors directly with notification of upcoming City of  Asheville professional services opportunities, this project being one of the opportunities  on the list. - ​ Eighteen firms responded to the RFQ. Olin Partnership Limited was selected as the most  qualified firm based on the criteria listed in the RFQ. - ​ Olin Partnership Limited is a woman owned firm and will be acting as the design lead on  this contract.  Committee(s): - ​ N/A  Pro(s): - ​ Provides a comprehensive recovery and enhancement design plan to rebuild, mitigate,  and improve Asheville's parks and infrastructure in this area. - ​ Provides a long-term vision for resiliency and community protection along the riverfront.  Con(s): - ​ None.  Fiscal Impact: - ​ The proposed contract for this project, including contingency, totals $250,000. This  amount is expected to be fully offset by reimbursements: 90% through the FEMA-PA  program and the remaining 10% from state sources for damages. Furthermore, we will  pursue additional funding for project mitigation and enhancements from HMGP and  CDBG-DR.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-09-09","mt":"regular","id":"N","ref":"RES 25-207","it":"resolution","t":"Resolution authorizing contract with Novus Architects for design and construction administration services for 8 River","desc":"Background: - ​ “8 River Arts Place” is a one-story brick structure built in 1933, originally serving as the  office building for a manufactured gas plant. It was eventually donated by PSNC/SCANA  Energy to the City and is listed on the National Register of Historic Places as a  contributing structure to the Riverside Industrial Historic District. There is also a  registered brownfield agreement for the site. - ​ The Finished Floor Elevation of the structure is several feet below Base Flood Elevation,  but the National Flood Insurance Program (NFIP) allows for variances for eligible historic  structures undergoing “substantial improvements” from flood protection standards. - ​ A design for the rehabilitation of the structure was completed in 2015, with construction  completed in 2017. As a contributing historic structure, the building was eligible for (and  still is) a variance from the City's flood protection standards, and was granted this in April  2016 as part of a Board of Adjustment review. - ​ In September 2024, the building was significantly damaged by Hurricane Helene, with  damages primarily impacting the building’s Mechanical, Electrical, and Plumbing  components. In March 2025, the City determined the building to be “substantially  damaged”, a term defined in the context of the National Flood Insurance Program as  when the total cost of repairs necessary to restore the building to its pre-damaged  condition is 50% or more of the building’s pre-storm market value. - ​ The scope includes the Design for the repair or replacement of mechanical, electrical,  and plumbing components, architectural elements, and limited site elements that were  damaged by Tropical Storm Helene. - ​ The scope will also include identifying and assessing opportunities for flood mitigation. - ​ Considerations will be given to flood proofing the building to create resilience  against future flooding events. These techniques may include but are not limited  to using flood resistant finishes and fixtures, potting or sealing electrical conduit,  and raising mechanical equipment. - ​ The feasibility of elevating, removal or relocation of the structure will also be  discussed but will be impacted by the Historical Designation of the facility. - ​ Design services will include:  -​ Damage assessment cost estimating  -​ Environmental and Historic Preservation Considerations (EHP)  -​ Full service design, cost estimating, construction documentation  -​ Bidding assistance  -​ Construction administration services - ​ The RFQ was issued May 9, 2025. The six (6) firms below were evaluated by a selection  committee, with Novus Architects ranked the highest (most qualified). - ​ Altura Architects - ​ Carleton Collins Architecture - ​ In Situ Studio - ​ Novus Architects - ​ Peacock Architects - ​ Sizemore Group - ​ The Anticipated Design Timeline is October 2025 - June 2026. ​ ​  \fVendor Outreach Efforts: - ​ Staff performed outreach to minority and women owned businesses, through solicitation  processes using the State’s Interactive Purchasing System in accordance with the State  statute regarding professional service contracts.  Committee(s): - ​ None  Pro(s): - ​ This building has been non-operational since September 2024. As a contributing historic  structure with public restrooms and leasable space, it was a valuable asset to the City  and greater community. This project will restore functionality to the building and return  this asset to the community.  Con(s): - ​ None  Fiscal Impact: - ​ The cost is expected to be reimbursed with a combination of FEMA-Public Assistance  and State of NC funding, with the 90/10 cost share. - ​ Funding for this work is budgeted in the General Capital Projects Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-09-09","mt":"regular","id":"O","ref":"RES 25-208","it":"resolution","t":"Resolution authorizing contract amendment with Samsara Inc. for fleet telematics and camera solutions","desc":"Background: - Contract 92400188 is a three-year term contract that was executed on October 24, 2023, between the City and Samsara, Inc., under the Sourcewell cooperative purchasing program’s contract 020221-SAM (Expiration 03/26/2026) for the provision of fleet telematic and camera solutions. - Under this contract, the City pays for GPS/camera licensing fees only with Samsara providing the equipment at no cost. - Samsara’s software uses location data from installed GPS units and cameras to provide live tracking and camera footage for Public Works vehicles and integrates with both the City’s GIS system and fleet management software. - The GPS/camera units and software integration provides several benefits, including the capability for real-time location tracking, enhanced security and theft prevention, and increased accountability and transparency. - Most importantly, GPS tracking can be used to monitor driving behaviors and identify unsafe practices, and cameras can provide visual evidence in the case of accidents or disputes, helping to determine fault and protect from false claims. - An amendment was executed on May 16, 2025, to increase contract funding to allow for additional licenses. - This increased the coverage of GPS and camera units to approximately 78% and 40% of the Public Works fleet, respectively. - The contract currently totals $60,848.45, which consists of Year 1 and year-to-date Year 2 expenses. - This second amendment would further expand the contract with Samsara to include GPS and cameras for the remainder of the existing Public Works fleet. - New licensing costs will be pro-rated for the remainder of the second year, while the full costs for the currently-existing and newly-added licenses will be charged for Year 3. - To account for the increased licensing costs and shipping costs for the additional equipment, as well as allowing for potential fleet additions through the remaining contract term, the contract funding is being increased by $71,151.55 for a total not-to-exceed contract amount of $132,000. Vendor Outreach Efforts: - This is an amendment to Contract 92400188 with Samsara, Inc., which was completed under Sourcewell Contract 020221-SAM, thus no outreach efforts were conducted. Committee(s): - None Pro(s): - Directly integrates with the current fleet management software and GIS system. - Staff are already trained on the software. - All existing Public Works vehicles would have a GPS and camera unit installed. - GPS/camera data results in increased safety, accountability, and transparency, as well as evidence in cases of accidents or legal disputes. - Only licensing costs are paid, Samsara provides the hardware at no cost aside from shipping fees. Con(s): - Recurring annual licensing costs. Fiscal Impact: - The fiscal impact will vary depending upon utilization; however, spending will not exceed the limit of $132,000. - Funding for this contract will be pulled from the FY 2025-2026 budgets for Sanitation (General Fund), Streets (General Fund), and the Streets - Utility Cut and Stormwater Enterprise Funds. Motion: - Move to adopt resolution authorizing the City Manager to execute an amendment to Contract 92400188 with Samsara, Inc., increasing the total contract funding by $71,151.55 for a total not-to-exceed amount of $132,000 and authorizing the City Manager to execute any documents necessary to give effect to this resolution.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-09-09","mt":"regular","id":"P","ref":"RES 25-209","it":"resolution","t":"Resolution authorizing contract with Passport Labs Inc. for a parking citation and permit management system and LPR enforcement system","desc":"Background: - ​ Passport Labs, Inc. has been the City’s vendor for parking citation and permit  management since March 2021, and their existing contract will expire December 31,  2025. - ​ An RFP was issued in 2025 for a new citation and permit management system, and  Passport Labs, Inc. was the vendor selected through this competitive RFP process. - ​ Eight vendors submitted proposals, which were evaluated by a staff team. - ​ The four highest scoring vendors were invited to do a presentation and interview with the  evaluation team. - ​ Passport was the vendor selected by the staff evaluation team. - ​ The Parking Citation and Permit Management Systems are critical to the Parking  Services Division’s Operations and revenue generation, as they comprise the systems  used to issue, track, and collect revenues for citations and permits. - ​ Incorporation of a License Plate Recognition System (LPR) that will integrate with the  citation and permit management system will significantly improve enforcement and  operational efficiency by automatically scanning and checking license plate numbers  against valid monthly permits, eliminating the need for enforcement officers to look up  each plate for a permit. - ​ Additionally, an LPR system will greatly improve the ability to enforce parking space and  loading zone time limit restrictions. - ​ The Parking Services LPR system will not be used to enforce anything other than parking  regulations. - ​ It will not integrate with any law-enforcement associated systems or databases. - ​ Staff seeks approval to execute a contract with Passport Labs, Inc. for an initial term of  three years with up to two additional one-year optional renewals for a total contract  amount not to exceed $1,031,900.  Vendor Outreach Efforts: - ​ A request for proposals (RFP) was issued to solicit proposals for a parking enforcement  citation and permit management system, and the vendor was selected through the City’s  RFP process. - ​ The RFP was also posted on the International Parking and Mobility Institute’s website for  vendor outreach.  Committee(s): - ​ None  Pro(s): - ​ The LPR system will significantly improve efficiency of permit enforcement, time limit and  loading zone restrictions.  Con(s): - ​ None  Fiscal Impact: - ​ The total contract amount, including option years, will not exceed $1,031,900. - ​ Year 1 - $213,549, includes the one-time hardware purchase for a mobile parking  enforcement LPR system of $42,175, as well as the monthly costs for permit  management, citation management, and LPR software. - ​ Note: The first year’s costs were voluntarily discounted by the vendor to help  offset some parking revenue losses from Tropical Storm Helene. - ​ Year 2 - $190,874 - ​ Year 3 - $198,749 - ​ Year 4 Option - $207,018 - ​ Year 5 Option - $215,700 - ​ $6,000 is also included in the total contract amount for the purchase of up to 10 new  printers for citations to replace as needed over the course of the 3 to 5 year contract at  $600 each. - ​ The required funding for the first year of the contract is budgeted in the FY26 Parking  Services Division Operating Budget. - ​ Additional funds as needed will be included in future Parking Services Division Operating  Budget requests.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-09-09","mt":"regular","id":"Q","ref":"ORD 5174","it":"ordinance","t":"Ordinance enacting a 25 mph speed limit on Emma Road, Craven Street, Miller Road and related segments","desc":"Background: - ​ N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its  corporate limits. - ​ City staff received requests from constituents to consider changes to speed limits and  NCDOT also received requests for changes within city limits. - ​ City staff performed appropriate traffic engineering reviews along three streets that  complement or abut speed limit changes proposed by NCDOT. - ​ The speed limit on the following streets will be set at 25 miles per hour: - ​ Emma Road from Craven Street to 0.44 miles southeast of Bingham Road - ​ Emma Road (SR 1338) from 0.44 miles southeast of Bingham Road to Bingham  Road - ​ Craven Street in its entirety - ​ SR 3181 (Miller Road/Lee Street/Rosscraggon Road) from Hendersonville Road  to Rathfarnham Road - ​ Rosscraggon Road from Rathfarnham Road to Sweeten Creek Road - ​ Rathfarnham Road (SR 3185) from Rosscraggon Road to Sweeten Creek Road - ​ Hominy Creek Road (SR 3620) from Shelburne Road to 0.81 miles south of  Shelburne Road - ​ Safety and speeding concerns have been raised on all of these streets. - ​ The Asheville Police Department has reviewed the subject actions and they concur with  them. - ​ The speed limit changes are recommended in order to establish lower, safer speed limits  that are consistent with the context of these streets. - ​ Once the subject action is approved and prior to the installation of appropriate signs on  the City-maintained streets, Transportation Department staff will coordinate outreach and  public education with the Communication & Public Engagement Department (CAPE) and  the Asheville Police Department. - ​ Subpart A, Article II, Section 18 of the City of Asheville’s Charter requires revising or  amending ordinance sections by repealing the original ordinance sections completely and  replacing them with revised or amended ordinance sections. - ​ Staff is therefore requesting a repeal and replacement of the relevant ordinance sections  to accomplish these speed limit changes. - ​ A short version of the ordinance changes is included with this staff report.  Committee(s): - ​ MMTC - not presented due to no scheduled meetings.  Pro(s): - ​ City staff have been able to respond favorably to citizens’ requests.  ​ ​  - ​ Provides more appropriate posted speed limits in commercial, recreational, and  residential areas. - ​ Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders.  Con(s): - ​ None  Fiscal Impact: - ​ The cost of installing and maintaining speed limit signs is included in the Transportation  Department operating budget.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-09-09","mt":"regular","id":"R","ref":"RES 25-210","it":"resolution","t":"Resolution supporting and requesting NCDOT to dedicate a section of I-40 at Exit 51 in memory of Jim Daniels","desc":"Background: - ​ Prior to dedicating a section of interstate highway in honor of someone, the North  Carolina Department of Transportation (NC DOT) requires that the City authorize the  dedication if the section of road is within the City limits. - ​ Passage of the resolution must be unanimous. - ​ The family of Jim Daniels has requested that the City authorize the section of highway at  exit 51 be dedicated in honor of Jim Daniels. - ​ The Daniels family has agreed to pay the expenses of this dedication directly to the NC  DOT. - ​ After passage of the resolution, the application is considered by the N.C. Board of  Transportation for final approval. - ​ Jim Daniels was a businessman and second generation president of Daniels Business  Services which includes Daniels Graphics (a commercial printing company) and Daniels  Communications (a 24 hour Answering Service). - ​ He was a member of a group of motivated people that really reshaped Asheville in the  1980s. He worked closely with other visionaries to help improve the Asheville downtown  area and business landscape.  ​ ​  - ​ Under the Governor Hunt administration Jim served on the NC DOT board and was in  part responsible for the exit 51 project off of I-40 to Sweeten Creek Road. - ​ Jim also served on many boards which were essential to the growth and revitalization of  Asheville. - ​ These boards include but are not limited to, Advisory Board Wachovia Bank (member),  Quality Forward (founder), Printing Industry of the Carolinas, (President), Board of  Directors Institute at Biltmore (member). A board on which he was especially proud to  participate was the NC Community Colleges board. - ​ He was involved in the founding of many NC and local organizations including the NC  Alarms Systems Monitoring Board. - ​ Mainly he was a real Asheville homegrown character who did great things for the City of  Asheville and the State of North Carolina.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ N/A  Pro(s): - ​ This dedication will honor an individual that contributed to the growth and development of  the City of Asheville.  Con(s): - ​ None  Fiscal Impact: - ​ None","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-09-09","mt":"regular","id":"S","ref":"RES 25-211","it":"resolution","t":"Resolution providing for the City of Asheville to become a member of the American Flood Coalition","desc":"​ Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.  ​","c":"Economic Development","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2025-09-09","mt":"regular","id":"V-A","ref":"ORD 5170","it":"ordinance","t":"Second and final reading of Ordinance No. 5170 amending Section 11-5 (Public Solicitation and Begging Regulated)","desc":"​ Mayor Manheimer said that public comment was held, and a vote was taken on August 25, 2025 to approve this ordinance. Due to a fairly new state law, a second procedural note is necessary that requires any ordinance with a criminal penalty to pass 2 votes before being enacted.  ​ In response to Councilwoman Roney, City Attorney Branham said that the burden of proof is on the District Attorney to meet the burden of proof. In addition, any person who has an image or voice on a body camera, can make a written request to the Chief of Police to schedule a time to view the body camera footage at no cost.  ​","c":"Public Safety","mo":"individual","mv":"Turner","sec":"Hess","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":1,"mr":"contested vote","sq":21},{"d":"2025-09-09","mt":"regular","id":"VI-A","ref":"RES 25-212","it":"resolution","t":"Resolution No. 25-212 allocating $10 million of affordable housing bond to WNC Affordable Housing Loan Fund (Self-Help Ventures Fund)","desc":"​ At 8:48 p.m.,","c":"Housing","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":23},{"d":"2025-09-09","mt":"regular","id":"VI-recuse","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from remainder of meeting (VI-A WNC AH Loan Fund discussion)","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2025-09-09","mt":"regular","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session (disclosure; economic development incentives)","desc":"","c":"Economic Development","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":24},{"d":"2025-09-09","mt":"regular","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1mbz_TN6LwCpE-1zwWOTji7_pZkqOAUKE/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":25},{"d":"2025-10-14","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the September 4, 2025 worksession and September 9, 2025 formal meeting","desc":"Background: - ​ City of Asheville IT Services has been modernizing the City’s data center to create a  hybrid environment that leverages both cloud service providers and our on-premises  infrastructure. - ​ This approach enables us to benefit from the advantages of the cloud while maintaining a  physical hardware presence as we transition many major applications and operational  functions to cloud-hosted solutions. - ​ This provides better security and flexibility in provisioning resources as needed, as well  as improves service to staff and the community with increased speed and resiliency.  ​ ​  - ​ Key city systems are managed using cloud computing services, including GIS, the City  website, notification and permitting applications, identity & access tools, and more.  Vendor Outreach Efforts: - ​ No vendor outreach because we are purchasing from the Omnia Partners Total Cloud  Cooperative Contract (Total Cloud Solutions and Services Region 4 ESC - TX Contract  Number: R220801). - ​ The cooperative contract was competitively bid with consideration of proposals from nine  different vendors. - ​ Collectively, CDW-G was awarded the cooperative contract with unmatched depth and  breadth of experience with AWS cloud computing services.  Committee(s): - ​ N/A  Pro(s): - ​ Provides faster, more reliable access to GIS services from anywhere for staff and the  public. - ​ Cloud services can be scaled to meet current demand and mitigate large capital  expenses for on-premise technology infrastructure. - ​ Includes enhanced security and built-in disaster recovery services. - ​ Utilizing cloud computing services allows for the continuation of GIS and other services  when Internet services are disrupted at City Hall. - ​ Modernizes our architecture to allow us to build out technology with a forward-thinking  mindset which sets us up to implement solutions that allow for a better employee and  customer experience.  Con(s): - ​ None  Fiscal Impact: - ​ The total cost for cloud computing services for Fiscal Year 2025/2026 is $100,000.00. - ​ These funds are included in the I.T. Services Budget - General Fund and DSD Tech  Funds.","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-10-14","mt":"regular","id":"B","ref":"RES 25-213","it":"resolution","t":"Resolution authorizing renewal of contract with CDW-G for Amazon Web Services cloud computing services","desc":"Background: - ​ City of Asheville IT Services has been modernizing the City’s data center to create a  hybrid environment that leverages both cloud service providers and our on-premises  infrastructure. - ​ This approach enables us to benefit from the advantages of the cloud while maintaining a  physical hardware presence as we transition many major applications and operational  functions to cloud-hosted solutions. - ​ This provides better security and flexibility in provisioning resources as needed, as well  as improves service to staff and the community with increased speed and resiliency.  ​ ​  - ​ Key city systems are managed using cloud computing services, including GIS, the City  website, notification and permitting applications, identity & access tools, and more.  Vendor Outreach Efforts: - ​ No vendor outreach because we are purchasing from the Omnia Partners Total Cloud  Cooperative Contract (Total Cloud Solutions and Services Region 4 ESC - TX Contract  Number: R220801). - ​ The cooperative contract was competitively bid with consideration of proposals from nine  different vendors. - ​ Collectively, CDW-G was awarded the cooperative contract with unmatched depth and  breadth of experience with AWS cloud computing services.  Committee(s): - ​ N/A  Pro(s): - ​ Provides faster, more reliable access to GIS services from anywhere for staff and the  public. - ​ Cloud services can be scaled to meet current demand and mitigate large capital  expenses for on-premise technology infrastructure. - ​ Includes enhanced security and built-in disaster recovery services. - ​ Utilizing cloud computing services allows for the continuation of GIS and other services  when Internet services are disrupted at City Hall. - ​ Modernizes our architecture to allow us to build out technology with a forward-thinking  mindset which sets us up to implement solutions that allow for a better employee and  customer experience.  Con(s): - ​ None  Fiscal Impact: - ​ The total cost for cloud computing services for Fiscal Year 2025/2026 is $100,000.00. - ​ These funds are included in the I.T. Services Budget - General Fund and DSD Tech  Funds.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-10-14","mt":"regular","id":"C","ref":"RES 25-214","it":"resolution","t":"Resolution authorizing renewal of contract with Acme Technologies Inc. for software licensing and maintenance at the WNC Nature Center","desc":"Background: ​ ​  - ​ On March 22, 2023 the WNC Nature Center Education Department went live with ACME  software solutions for summer camp registration, shortly followed by the Admissions  Office with Point-of-Sale ticketing on May 3, 2023. - ​ This contract renewal would allow the WNC Nature Center to continue offering  admissions to the award winning facility. - ​ Currently the ACME software is providing guest and membership tracking, with both  online ticket sales and at the admissions office, summer camp registration and logging  guest zip codes.  Vendor Outreach Efforts: - ​ In FY23, Request for proposals (298-WNCNCPOS2023) was conducted to select the  vendor for this service and we received five responses. - ​ This is to authorize the renewal of the current contract. - ​ No additional vendor outreach was conducted for this renewal.  Council Vision 2036 Focus Area(s): - ​ Financially Resilient City  Council Priority Recovery Area(s): - ​ N/A  Committee(s): - ​ N/A  Pro(s): - ​ The City and WNC Nature Center have been using ACME Software for over two years  and staff are familiar with its strengths, limitations and support process. Con(s): - ​ N/A  Fiscal Impact: - ​ The 1-year renewal contract will cost $24,400.00 for FY26 and will be funded from the  Community & Regional Entertainment Facilities Department. This will make the 4-year  lifetime amount of the contract equal $113,600.00.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-10-14","mt":"regular","id":"D","ref":"RES 25-215","it":"resolution","t":"Resolution authorizing agreement with NC Dept. of Commerce Division of Community Revitalization for repair/reconstruction for Asheville homeowners affected by Tropical Storm Helene","desc":"Committee(s): - ​ The Housing and Community Development Committee met on September 16 and voted  to recommend approval, 3-0. - ​ A question was posed at the Housing and Community Development Council Committee  meeting regarding whether demolition is an eligible activity under this program. - ​ The purpose of this program's funding is to have a fully habitable home at the end of the  programmatic support, so demolition alone would not be considered an eligible activity,  but demolition as a site preparedness activity could be considered eligible.  Pro(s): - ​ Approval of the Subrecipient Agreement paves the way for the State to administer the  Single-Family Housing Repair program within Asheville city limits and for the CDBG-DR  funds to be utilized to make positive impacts in low- and moderate-income communities.  ​ ​  \fCon(s): - ​ None.  Fiscal Impact: - ​ The City’s CDBG-DR Action Plan allocated $3,000,000 for single-family homeowner  repairs. This amount is expected to be fully offset by reimbursements from the CDBG-DR  grant.. The state is covering all administrative costs.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-10-14","mt":"regular","id":"E","ref":"RES 25-216","it":"resolution","t":"Resolution authorizing interlocal agreement with Buncombe County to accept matching funds for Code Purple emergency shelter in the 2025-26 season","desc":"Background: - ​ Code Purple is a longstanding community initiative begun by shelter providers to provide  additional capacity with fewer requirements during extreme weather conditions to ensure  safety and survival for people experiencing homelessness. - ​ In FY 2025-26, the City of Asheville and Buncombe County have each budgeted $50,000  to support Code Purple operations. - ​ Buncombe County has requested that the City administer their matching budgeted funds  for Code Purple and has initiated an interlocal agreement to that effect. - ​ Buncombe County funds have already been budgeted for this purpose. - ​ The Asheville-Buncombe Continuum of Care (CoC) is leading Code Purple planning  efforts, including recommendations about best use of City and County budgeted funds for  Code Purple. - ​ Code Purple shelter is typically available beginning October 15. - ​ Code Purple shelter will be available through April 30, 2026 when the temperature is 32  or below, or 33-40 with precipitation. - ​ Code Purple events will be called by the Code Purple Work Group in accordance with the  Code Purple Manual. - ​ The interlocal agreement will have an effective date retroactive to July 1, 2025 and shall  terminate on June 30, 2026.  Vendor Outreach Efforts: - ​ The Asheville-Buncombe CoC will manage the allocation process to provide budgeted  City and County funding to Code Purple providers. ​ ​  \f Committee(s): - ​ Asheville-Buncombe Continuum of Care Board - will vote to approve the Code Purple  Plan including allocation process to provide budgeted City and County funding to Code  Purple providers.  Pro(s): - ​ Provides essential, life-saving emergency shelter for people experiencing homelessness  during extreme weather. - ​ Facilitates funding partnership with Buncombe County and minimizes administrative  burden on shelter providers.  Con(s): - ​ None noted  Fiscal Impact: - ​ $100,000 is available in FY 2026 in the Community & Economic Development operating  budget, funded with $50,000 in operating funds and $50,000 in matching funds from  Buncombe County.","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-10-14","mt":"regular","id":"F","ref":"RES 25-217","it":"resolution","t":"Resolution authorizing grant applications for an arts and entertainment facility and a feasibility study for a fourth water treatment plant to the EDA","desc":"Background: - ​ The Economic Development Administration (EDA) has issued a disaster supplemental  notice of funding opportunity (NOFO). - ​ This NOFO allows for proposals to support economic revitalization and related  infrastructure projects. - ​ If awarded, the EDA requires 20% in matching funds. - ​ The City of Asheville is seeking to secure funds to support two proposals: - ​ An Arts and Entertainment Facility ​ ​  - ​ A feasibility study to add a Fourth Water Treatment Plant. - ​ The City recently engaged in a public-private partnership with ATG to conduct an  economic and cultural impact study, which will be used to inform this grant  proposal. If awarded, the Arts and Entertainment Facility grant will support the  furtherance of this project. - ​ The fourth water treatment plant proposal will focus on pre-development activities to  support future planning and development for a fourth water treatment plant, adding  capacity and resilience to the City’s Water Resources Department. - ​ If awarded, these funding opportunities will provide critically needed assistance to further  economic revitalization in the arts and entertainment sector and increase the City’s  economic resilience with increased capacity and redundancy for water infrastructure. - ​ Staff is also asking for authorization to submit to any related grants that support these  applications, provided they do not require a match. - ​ For example, staff are also exploring grant opportunities for matching funds, grant writing  services, or other support to facilitate the successful submission of the two EDA  applications. - ​ If awarded funds, staff will return to Council to accept the funds and amend the approved  budget.  Vendor Outreach Efforts: - ​ N/A  Committee(s): - ​ N/A  Pro(s): - ​ If awarded, funds will support non-construction activities to further planning and  development for a fourth water treatment plant, contributing to future economic  development across target industries and sectors and supporting future infrastructure  capacity and resilience. - ​ If awarded, funds will support project development for an Arts and Entertainment Facility,  contributing to future economic recovery in the Arts and Entertainment and supporting  sectors.  Con(s): - ​ None noted  Fiscal Impact - ​ EDA maximum award amount for this NOFO is $20M. - ​ The EDA requires a 20% match, but if authorized, staff will seek to apply to related grants  to assist with securing matching funds.","c":"Economic Development","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-10-14","mt":"regular","id":"G","ref":"RES 25-218","it":"resolution","t":"Resolution authorizing extension of contract with McLaughlin Young Employee Services Inc. to administer the Employee Assistance Program through November 20, 2025","desc":"Background: - ​ The City of Asheville contracts with McLaughlin Young Employee Services, Inc. to  administer the EAP for employees and their families. - ​ The current contract expires September 2025 and the City is in the process of receiving  and evaluating RFP submissions to select a vendor through the competitive bidding  process. - ​ The amendment will extend the contract through 11-30-25 and increase the total contract  amount by $12,011.16 to $156,145.16. - ​ The requested amendment will allow time for the RFP process to be completed while  ensuring no disruption in services to employees and families utilizing the EAP.  Vendor Outreach Efforts: - ​ Current Contract - N/A  Committee(s): - ​ N/A  Pro(s): - ​ Fulfills employee and employee family benefit needs.  Con(s): - ​ None  Fiscal Impact: - ​ Funding for this contract is available in the Health Fund operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-10-14","mt":"regular","id":"H","ref":"RES 25-219","it":"resolution","t":"Resolution authorizing acceptance of a playground donation from Superior Recreational Products","desc":"Background: - ​ Tropical Storm Helene significantly damaged park amenities and open spaces. - ​ Understanding the financial and staffing burden that a disaster such as Tropical Storm  Helene has on any municipality, Superior Recreational Products (SRP) has expressed an  interest in providing a product donation for a park that would benefit the community  during the recovery and rebuilding efforts. - ​ Stephens Lee Recreation Center has been identified by the Director of Parks and  Recreation as the best location for this product donation, based on priorities established  in Recreate Asheville. - ​ The product donation fits spatially within the existing space of the Stephens Lee  playground. - ​ The donation of $125,050.20 will provide the opportunity for capital funding to be  redistributed to another Parks and Recreation amenity. - ​ Installation of the playground, totalling $31,672 will be provided by SRP through the  Co-Op program, and funded from the Parks and Recreation Department operating  budget.  Vendor Outreach Efforts: - ​ Not Applicable  Committee(s): - ​ None  Pro(s): - ​ Product donations help offset the costs associated with prioritized park improvements. - ​ The donor is a certified playground manufacturer, donating a new, safe, and proven  playground type.  Con(s): - ​ None  Fiscal Impact: - ​ $125,050.20 can now be applied to other Parks & Recreation improvements. - ​ Installation of the playground, totalling $31,672 will be provided by SRP through the  Co-Op program, and funded from the Parks and Recreation Department operating  budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-10-14","mt":"regular","id":"I","ref":"RES 25-220","it":"resolution","t":"Resolution authorizing contract with Appalachian Sitework Inc. for construction of the Johnston Boulevard Sidewalk Project","desc":"Background: - ​ Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded sidewalk  improvements. - ​ This project will construct 5,000 linear feet of sidewalk along Johnston Boulevard (S.R.  1319) between Patton Avenue (U.S. 19) and Iona Circle in Buncombe County. - ​ The purpose of this project is to improve mobility and safety on City streets and provide  pedestrian connections to local schools. - ​ Sidewalk construction will include addressing grade changes through retaining walls,  relocating or adjusting several utilities, and installing guard rail and street signs. - ​ The project also involves a railroad crossing (Blue Ridge Southern Railway, or BLU)  where curb cuts and ADA ramps, along with surface treatments across the track, will be  coordinated with BLU prior to construction. - ​ The anticipated Construction timeline is December 2025 – December 2026. - ​ The City of Asheville entered into a design contract with Mattern & Craig, Inc. in  November 2017 for the engineering and design for sidewalks along Johnston Blvd. - ​ In 2018 the City was approved to add federal funds provided by NCDOT project (STIP  EB-5944) to provide supplement funding, and will be administered locally by the City. - ​ July 1, 2025, the Construction bid was advertised as 298-FY26-CMD-BID-EB5944. - ​ August 14, 2025, one (1) bid was received from Appalachian Sitework Inc. Because only  one (1) bid was received, the project was re-advertised on the same day. - ​ August 21, 2025, again one (1) bid was received from Appalachian Sitework Inc. - ​ Appalachian Sitework’s bid came in within 1.5% of the Engineer’s Estimate. - ​ Per North Carolina General Statutes, Appalachian Sitework Inc. is selected for Award as  the lowest responsive, responsible bidder.  . Vendor Outreach Efforts: - ​ Due to the federal funding involved in this project, the Federal Disadvantaged Business  Enterprises program is being applied. - ​ The federally established goal for this project is 6% participation. - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services. - ​ The Bidder performed outreach through advertisement and direct outreach, but achieved  0% DBE participation. - ​ NCDOT has performed a formal review and determined that a good faith effort was  made.  Committee(s): ​ ​  - ​ None  Pro(s): - ​ Expanding the pedestrian transportation network which provides a safe and comfortable  route that meets standards for pedestrian safety and is compliant with accessibility  requirements to the maximum extent possible.  Con(s): - ​ Impacts to local traffic due to construction (to be addressed through required traffic  control and pedestrian safety measures).  Fiscal Impact: - ​ Funding for this contract was budgeted and is available in the General Capital Projects  fund. - ​ NCDOT will fund 80% of the construction, up to $1,880,000.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-10-14","mt":"regular","id":"IV-A","ref":"ORD 5180","it":"public_hearing","t":"Public hearing on conditional zoning amendment for 30 Buchanan Place (Institutional - Conditional Zone)","desc":"​ Principal Planner Will Palmquist said that this is the consideration of an amendment to the conditional zoning ordinance (Ord. No. 5046) for property located at 30 Buchanan Place for the purpose of making amendments to the site plan and project conditions. This public hearing was advertised on October 3 and 10, 2025.  Project Location and Contacts: - ​ The project site totals 8.25 acres located at 30 Buchanan Pl (PIN 9648-47-8566) - ​ Owner: City of Asheville  Summary of Petition:  Project Site - ​ The project area consists of 8.25 acres located at 30 Buchanan Pl and is identified in the  Buncombe County land records as PIN 9648-47-8566. - ​ The site is the location of McCormick Field, a minor league baseball venue. - ​ The site is currently zoned Institutional - Conditional Zone (INST-CZ) by Ord. No. 5046,  adopted October 24th, 2023, for the purposes of providing technical modifications to the  underlying zoning for the planned expansion and renovation of McCormick Field. - ​ The site is designated “Parks / Open Space” on the city’s Future Land Use (FLU) Map. - ​ A change in the FLU designation will not be required.   Overall Project Proposal - ​ The project is requesting an amendment to the conditional zoning in order to receive one  additional technical modification regarding the maximum mounting height of light fixtures  for outdoor sports fields. - ​ McCormick Field is proposing, as part of its planned renovation and expansion, to  replace the six existing lighting poles which are near the end of their serviceable light.  ​ ​  - ​ The poles are proposed to be between 80’ and 120’ in height, which is permitted under  the Institutional zoning district. - ​ UDO Sec. 7-11-10: Outdoor Lighting Standards sets a maximum mounting height of 90’  for lighting fixtures at outdoor sports fields. - ​ Mounting height for an outdoor light fixture is the vertical distance from grade to the  bottom of the light fixture itself. - ​ Major League Baseball adheres to the standards set by the Illuminating Engineering  Society, and any new or reconstructed lighting fixture at McCormick Field is required to  meet these standards, specifically IES RP-6-22 (“Recommended Practice: Lighting  Sports and Recreational Areas, an American National Standard”). - ​ Based on these standards, two of the six new lighting fixtures are proposed to have a  mounting height that exceeds the maximum 90’ height in UDO Sec. 7-11-10 - ​ As shown in the site plans, Pole A1 has a proposed mounting height of 102’-11” and  Pole A2 has a proposed mounting height of 99’-11”. - ​ The photometric drawings in Exhibit D show minimal light spillover onto neighboring  properties. - ​ The new light fixtures, even at heights 10’-15’ higher than the existing fixtures, are  expected to have less spillover and light pollution than existing fixtures due to superior  design and downlit capabilities.   Technical Modifications - ​ In addition to technical modifications approved by Ord. No. 5046, the project is seeking  one additional technical modification to development standards through the conditional  zoning process including: - ​ Maximum outdoor sports field lighting fixture height of 105’ for two lighting  fixtures instead of the 90’ maximum fixture height in UDO Sec. 7-11-10.  Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - ​ The proposed development supports a number of goals in the Living Asheville  Comprehensive Plan, including: - ​ Promote Access to Well-Maintained Parks and Open Space for All - by  dedicating adequate resources to meet the maintenance demands of existing  parks, including sufficient capital and operational funding consistent with best  management practices and community standards for high level of service. - ​ Enhance and Celebrate Asheville’s Unique Places and Destinations - by  continuing to create accessible urban places throughout the city and ensure that  downtown services, amenities, and resources are designed to serve residents as  well as visitors. - ​ The proposed development is compatible with the Future Land Use designations of  “Parks and Open Space”, which is proposed, in part, that it “includes a wide variety of  different park facilities, active and passive open space, and greenways. Parks and open  space are a community need and new parks, including park maintenance, will be  required to serve areas of the community in an equitable fashion”.  Compatibility Analysis: - ​ The proposed project is compatible with the surrounding land uses,including: - ​ Memorial Stadium and Mountain Side Park, located directly east of the project  site. - ​ The commercial uses located throughout Asheville’s South Slope, located to the  west of the project site.  ​ ​  - ​ The surrounding residential neighborhoods located to the north and south of the  project site.  Committee(s): - ​ Planning & Zoning Commission (PZC) - October 1, 2025 - Recommended Approval (Vote  5:0)  Staff Recommendation: - ​ Staff recommends approval of this rezoning request based on the reasons stated above.  ​ Mr. Palmquist reviewed the existing zoning, aerial imagery and the future land use map. About the lighting plan, (1) Two of the six new lighting fixtures are proposed to have a mounting height that exceeds the maximum 90’ height in UDO Sec. 7-11-10; and (2) Pole A1 has a proposed mounting height of 102’-11” and Pole A2 has a proposed mounting height of 99’-11”. The project conditions are that in addition to technical modifications approved by Ord. No. 5046, the project is seeking one additional technical modification to development standards through the conditional zoning process including: Maximum outdoor sports field lighting fixture height of 105’ for two lighting fixtures instead of the 90’ maximum fixture height in UDO Sec. 7-11-10. The Planning & Zoning Commission voted unanimously to approve the project . He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning amendment.  ​ Mayor Manheimer opened the public hearing at 5:31 p.m., and when no one spoke, she closed the public hearing at 5:31 p.m.  ​ Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.  ​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":25},{"d":"2025-10-14","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing on conditional zoning amendment for 27.05 acres at 767 New Haw Creek Road - continued to October 28, 2025","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"continuance","sq":26},{"d":"2025-10-14","mt":"regular","id":"J","ref":"RES 25-221","it":"resolution","t":"Resolution authorizing contract with GFT, Inc. for the Johnston Boulevard sidewalk construction engineering and inspection services","desc":"Background: - ​ This project will construct 5,000 linear feet of sidewalk along Johnston Boulevard (S.R.  1319) between Patton Avenue (U.S. 19) and Iona Circle in Buncombe County. - ​ The project (STIP EB-5944) will use federal funds provided by NCDOT that will be  administered locally by the City of Asheville. - ​ Sidewalk construction will include addressing grade changes through retaining walls,  relocating or adjusting several utilities, and installing guard rail and street signs. - ​ The project also involves a railroad crossing (Blue Ridge Southern Railway, or BLU)  where curb cuts and ADA ramps, along with surface treatments across the track, will be  coordinated with BLU prior to construction. - ​ The anticipated Construction timeline is December 2025 – December 2026. - ​ The Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded  sidewalk improvements. - ​ The purpose of this project is to improve mobility and safety on City streets and provide  pedestrian connections to local schools. ​ ​  - ​ In order to provide supplemental funding for this extensive project, the city sought out and  received NCDOT funding in 2018. - ​ Construction engineering and inspection must be performed in accordance with North  Carolina Department of Transportation specifications in order for the Department and  FHWA to participate in the costs of a project. - ​ City of Asheville staff publicly advertised for Construction Engineering and Inspection  services, as required for a professional service selection process on 4/05/2024. - ​ Three professional engineering submittals were received and evaluated based on their  qualifications, experience and technical approach. - ​ The evaluation of those submittals, ranked by an evaluation committee, resulted in  TranSystems Corporation being the highest ranked firm. - ​ In September 2025, City of Asheville requested an updated CEI Fee estimate from GFT  Inc. (formerly TranSystems). The estimate came to $389,606.07.  Vendor Outreach Efforts: - ​ With all Federally funded projects, the Disadvantaged Business Enterprise (DBE)  program is required for construction services, but not professional engineering services  such as this agreement. - ​ Because the agreement with GFT Inc. is for professional services, DBE participation is  not considered.  Committee(s): - ​ None  Pro(s): - ​ Connection throughout the area, including a school zone, with safe pedestrian facilities.  Con(s): - ​ Construction impacts to traffic while under construction.  Fiscal Impact: - ​ Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-10-14","mt":"regular","id":"K","ref":"RES 25-222 / ORD 5177","it":"resolution","t":"Resolution authorizing contract with AAR of North Carolina Inc. for the Thomas Wolfe Auditorium roof replacement (with budget amendment)","desc":"Background: - ​ The primary roof level of the Thomas Wolfe Auditorium was severely damaged during  Hurricane Helene. - ​ An application is in process with FEMA for Public Assistance grant funding for the  replacement of the storm damaged roof. - ​ The engineering for the new membrane roof system was completed and the bid  documents were reviewed by the consulting team for compliance with federal terms and  conditions. - ​ The roof replacement bid was advertised on August 18, 2025. Bids were due on  September 4, 2025, and five bids were received: - ​ AAR of North Carolina, Inc. (Kernersville, NC) – $413,600.00 - ​ Benton Roofing, Inc. of (Flat Rock, NC) – $424,824.00 - ​ Owens Roofing, Inc. (Smithfield, NC) – $481,237.00 - ​ J. Bartholomew Construction, LLC (Hendersonville, NC) –$566,772.00 - ​ Nations Roof of Carolina, LLC (Charlotte, NC) – $575,000.00 - ​ AAR of North Carolina was the lowest responsive, responsible bidder. - ​ Construction is anticipated to be complete by the end of the 2025 calendar year  Vendor Outreach Efforts: - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes using the NC electronic Vendor Portal (eVP) and requesting prime contractors  to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers  for subcontracted services. - ​ One Black Business Enterprise–Access Services, a supplier out of Charlotte,  NC–is included in the prime contractor’s bid.  Committee(s): - ​ None  Pro(s): - ​ The Thomas Wolfe Auditorium is an important historical facility, and the new roof is  required for its continued operation. - ​ To meet current codes and standards, the new roof will be more energy efficient than the  old roof.  Con(s): - ​ Any funding gaps in the Federal and insurance funds will need to be covered by Capital  Funds.  Fiscal Impact:  ​ ​  - ​ The cost is expected to be reimbursed with a combination of FEMA-Public Assistance  and State of NC funding, with the 90/10 cost share. - ​ The City is also pursuing insurance reimbursement for the roof damage. - ​ The budget amendment adds funding for design and construction. - ​ The design contract was approved at a prior Council meeting but did not include a budget  amendment.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-10-14","mt":"regular","id":"L","ref":"RES 25-223","it":"resolution","t":"Resolution authorizing contract with Kimley-Horn and Associates, Inc. for the N. Lexington Avenue Sidewalk Restoration Project (Woodfin to Walnut)","desc":"Background: - ​ The maintenance and repair of a section of N. Lexington Avenue has been a high priority  for many years. - ​ City staff have received numerous requests via phone, email, and the Asheville  App platform to address missing bricks, trip hazards, and general sidewalk repair  on the section from Woodfin/Hiawassee to Walnut. - ​ In 2016, the Downtown Commission prioritized N. Lexington as the downtown  street in the greatest need of sidewalk improvements. - ​ The 2022 City of Asheville GAP Plan identified N. Lexington Avenue as a high  priority street to address for improved accessibility. - ​ The project was prioritized for funding in the 2024 General Obligation Transportation  Bond. - ​ There is also intent to request additional funding for the sidewalk replacement  through the upcoming Buncombe County Tourism Development Authority’s LIFT  Fund grant cycle. - ​ A Request for Qualifications to solicit engineering and architecture firms for the N.  Lexington Avenue Sidewalk Restoration project was advertised on June 17, 2025. - ​ Four firms submitted qualifications for this project: Kimley-Horn and Associates, Inc.,  RVE, Inc., Summit Design and Engineering, and Terra Firma Design, PLLC.  ​ ​  - ​ The design team led by Kimley-Horn and Associates, Inc. was selected as the  most qualified firm to provide design and engineering services for the restoration  project for $212,000. - ​ Anticipated Project Schedule - ​ Project Engagement/Design Phase​ Mid 2025 - Mid 2026 - ​ Implementation/Construction Phase​ Mid to late 2026  Project Scope: - ​ Sidewalk replacement - ​ Address areas of ADA non-compliance - ​ Street tree assessment, preservation, and/or replanting - ​ Preservation of existing curb alignment with the possible exceptions of modified curb  extensions at the existing mid-block crossing or new curb extensions at the two  intersections in the project boundaries  Vendor Outreach Efforts: - ​ Staff performed outreach to minority and women owned businesses through solicitation  processes which included posting on the State’s Interactive Purchasing System. - ​ All Architecture and Engineering design firms on the City’s MWBE list were emailed prior  to advertising the project to inform them of upcoming City of Asheville Design Projects. - ​ Two of the subconsultants are minority owned.  Committee(s): - ​ Presented at Downtown Commission Annual Retreat, October 14, 2016 - ​ Infrastructure Planning and Prioritization - ​ Sidewalks were identified by the commission as the top infrastructure  priority, with Lexington Avenue identified as the highest priority sidewalk  Pro(s): - ​ A safer, more accessible, and more pleasant pedestrian experience for those walking and  rolling on this section of Lexington - ​ A potential increase in business activity for merchants within the project area - ​ A reduction in service requests for this area, thereby increasing labor crews’ capacity to  focus more on other areas of concern in the city - ​ A decrease in maintenance needs of street trees along this section of Lexington Ave. due  to a design that accommodates existing trees or replacing sick trees with healthy ones.  Con(s): - ​ Business disruption during construction - ​ Higher costs for replacing the sidewalk in kind with accessible brick paving material  Fiscal Impact: - ​ This project will be funded with the 2024 GO Bonds and is budgeted under Project Y2506  in the General Capital Projects Fund. .","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-10-14","mt":"regular","id":"M","ref":"RES 25-224","it":"resolution","t":"Resolution authorizing amendment to the design contract with Clark Nexsen for the Malvern Hills Park Improvement Project","desc":"Background: - ​ The City of Asheville is replacing the existing 90 year old municipal pool in Malvern Hills  Park with a new, modern, and code-compliant, accessible aquatic facility (including the  pool house and pump house buildings) that enhances community recreation opportunities  and ensures accessibility for all residents - ​ A community preference survey was launched on Public Input on March 31st, to gather  community input for the pool project. The survey concluded on April 28, 2025. - ​ Based on a Request for Qualifications (March 12th, 2025) which solicited design teams  for design, architecture, and engineering of the Malvern Hills Park Project, a selection  committee reviewed qualifications of 11 firms. - ​ The design team led by Clark Nexsen from Asheville was selected as the most qualified  to provide design services. - ​ The design fee was negotiated to $269,400.00 with a $27,000 contingency. - ​ The scope for the original design contract included: planning, budgeting, designing,  public meeting attendance and preparing construction documents for a $2,000,000.00  pool and building renovations. - ​ Updated construction estimates for the pool and the pool building are anticipated to  exceed this budget, totaling $4,300,000.00 for construction. - ​ Based on the additional design work required, the design contract with Clark Nexsen  needs to be adjusted accordingly. - ​ A public meeting was held on 9/23 to share design with the public.  ​ ​  - ​ Feedback received at the public meeting and from the online project page indicated the  community would like more space in the 5’ and deeper zone and a sloped entry. - ​ Additional community outreach was held on September 30th and October 1st at the  West Asheville Tailgate Market and RAD Farmers Market, respectively. - ​ The project is currently on schedule to conclude the design portion mid- 2026.  Construction is anticipated to begin thereafter and be completed late 2027. - ​ Staff is proposing to use a Construction Manager at Risk project delivery method in order  to expedite the construction start date and will continue to look for ways to expedite  project delivery.  Vendor Outreach Efforts: - ​ For the initial contract, staff performed outreach to minority and women owned  businesses through solicitation processes which include posting on the State’s Interactive  Purchasing System. - ​ All A/E design firms on the City’s MWBE list were emailed prior to advertising the project  to inform them of upcoming City of Asheville Design Projects.  Committee(s): - ​ None  Pro(s): - ​ A new pool at Malvern Hills Park, will provide much needed city wide aquatic recreation  opportunities. - ​ The surrounding Malvern Hills community strongly supports park and pool improvements.  Con(s): - ​ Some residents are concerned that the new pool's size will not be comparable to the old  one. - ​ However, increasing the pool's size would impact the project's cost.  Fiscal Impact: - ​ Funding for this contract was previously budgeted and is available in the General Capital  Projects Fund. - ​ The project will utilize FY24 General Obligation Bond funds.   Sally Grau spoke in support of adoption of the design contract for the Malvern Hills Park Improvement Project.   Shannon Aiken spoke in support of the Malvern Hills Park pool and stressed that what the community really wants is the existing pool opened.   Mayor Manheimer said that this will allow us to move forward and look at some different designs, and also deal with Americans with Disabilities Act compliance requirements.  ​ Councilwoman Roney said that we have a long history of community heartache and loss of third spaces including pools–naming Walton Street and Southside’s familiarity with loss and broken promises. She was concerned about ensuring we have access to public pools so people can learn to swim in a city where it floods. She is hearing community concern that adding complexity, options, and time to this project is expected to increase cost–if we want to mitigate  ​ ​  \fcost, can simplify by not adding complexity, options, and time. She will support this motion because it’s her understanding the design gives us more options.","c":"Parks & Recreation","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2025-10-14","mt":"regular","id":"N","ref":"RES 25-225 / ORD 5178","it":"resolution","t":"Resolution authorizing contract with Olin Partnership Limited for Phase II design/engineering to rebuild Recreation Park and Pool, Mamma T's Building, Azalea Park, Gashes Creek Bridge and Dam (with budget amendment)","desc":"Background: - ​ In late September 2024, the City of Asheville experienced unprecedented rainfall both  from Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th, 2024 in relation to Tropical Storm  Helene. - ​ It is estimated that storm damage to city-owned infrastructure totals at $1 billion,  and that rebuilding will take years. - ​ The focus of infrastructure recovery, in the short term, is to assess damage and  lay the groundwork for the long-term effort. - ​ The City is committed to doing this in a way that promotes efficiency and ensures  maximum use of outside funding sources. - ​ FEMA Public Assistance (FEMA PA) guidance recommends grouping damage  assessment and repair into logical projects. - ​ The Azalea Parks and Infrastructure components have been combined into one  FEMA PA design project and includes Gashes Creek Road bridge and dam,  Azalea Rd. East, Recreation Park and Azalea Park, including the swimming pool  and support buildings. - ​ On April 24th, 2025 staff posted a Request for Qualifications  (298-AzaleaParkRecovery-FY25) for this project soliciting statements of qualifications  from interested design firms for full design services, including a review/inventory  damages, providing resilient design services, cost estimates and FEMA coordination. - ​ Eighteen different statements of qualifications were received from firms from  across the country.  ​ ​  - ​ A seven member selection committee evaluated and ranked the statements of  qualifications and interviewed two firms. - ​ Olin Partnership Limited, with offices in Philadelphia, PA and Los Angeles CA  was selected as the most qualified firm based on the criteria listed in the RFQ. - ​ Funding for this project is anticipated to come from multiple sources, including FEMA PA,  Hazard Mitigation Grant Program (HMGP), and Community Development Block  Grant-Disaster Recovery (CDBG-DR) grants. - ​ Design Phases - ​ Phase I - The scope of this contract phase includes preliminary bridge and dam  alternatives analysis, Hydrologic and Hydraulic Modeling, and benefit cost  analyses for alternatives. - ​ This design service will be used to support a HMGP advanced assistance  application and provide more clear direction for the Phase II design work, both  anticipated in October 2025. - ​ This contract was authorized by City Council on Sept. 9, 2025. - ​ Phase II - Design concepts are further vetted along with the technical  requirements and the related requirements of federal funding sources through  60% design, and will support a HMGP implementation and construction grant  application anticipated in the summer of 2026. - ​ Phase III - This phase will pick up the design from 60% and carry it through  Construction Administration. Phases II and III may result in independent or  combined contract amendments depending on the findings of the Phase I design  efforts. - ​ Due to the overlap of flood studies between the bridge, dam and park elements,  the early design of these elements will occur concurrently. - ​ However, if there are opportunities to break-out later phases of design or  construction (like the bridge and dam for example) into early or separate bid  packages, we will do that wherever possible.  Vendor Outreach Efforts: - ​ This is a professional services qualifications based selection process following NCGS  143-64.31 - ​ Staff performed outreach to minority and women owned businesses (MWBE) through  solicitation processes using the NC electronic Vendor Portal (eVP) - ​ Staff also contacted twelve MWBE vendors directly with notification of upcoming City of  Asheville professional services opportunities, this project being one of the opportunities  on the list. - ​ Eighteen firms responded to the RFQ. Olin Partnership Limited was selected as the most  qualified firm based on the criteria listed in the RFQ. - ​ Olin Partnership Limited is a woman owned firm and will be acting as the design lead on  this contract.  Committee(s): - ​ N/A  Pro(s): - ​ Provides a comprehensive recovery and enhancement design plan to rebuild, mitigate,  and improve Asheville's parks and infrastructure in this area. - ​ Provides a long-term vision for resiliency and community protection along the riverfront.  Con(s): ​ ​  - ​ None.  Fiscal Impact: - ​ The proposed contract for this project, including contingency, totals $4,651,200. This  amount is expected to be fully offset by reimbursements: 90% through the FEMA-PA  program and the remaining 10% from state sources for damages. Furthermore, we will  pursue additional funding for project mitigation and enhancements from HMGP and  CDBG-DR.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-10-14","mt":"regular","id":"O","ref":"RES 25-226","it":"resolution","t":"Resolution authorizing interlocal agreement with Land of Sky Regional Council for climate justice data map updates and improvements","desc":"Background: - ​ In 2018 the City of Asheville collaborated with UNC Asheville’s National Environmental  Modeling and Analysis Center (NEMAC) to conduct a climate resilience assessment. - ​ In 2020, via Resolution number 20-25, City Council declared a Climate Emergency and  emergency mobilization effort to restore a safe climate. - ​ Following the Climate Emergency declaration the city engaged community members to  inform tools and strategies to inform Climate Justice Initiative work. - ​ Data interpretation and accessible data tools were prioritized by the Climate Justice  Initiative participants. - ​ In 2022 the City launched the Climate Justice Data Map which layers climate resilience  threats alongside additional social, environmental and economic factors that intensify  climate impact. - ​ Land of Sky Regional Council (LOS) partnered with NEMAC and Fernleaf to develop and  launch AccelAdapt climate resilience software for a five county region that includes  Asheville. - ​ The current data sources are over 7 years old. - ​ This project will update data and create a structure for ongoing data maintenance through  integration with AccelAdapt.  Vendor Outreach Efforts: - ​ The LOS has developed and hosts the AccelAdapt platform which contains necessary  resilience, risk and vulnerability data to perform updates to the Climate Justice Data Map.  ​ ​  - ​ Any additional vendor outreach required to complete map improvements will be  completed by LOS.  Council Vision: - ​ A well-planned and livable community - ​ A clean, safe and healthy environment - ​ A connected and engaged community  Committee(s): - ​ N/A  Pro(s): - ​ Reliable, updated climate risk and vulnerability data is available for internal and external  planning. - ​ Systems and structure developed for ongoing data management in partnership with Land  of Sky Regional Council.  Con(s): - ​ None  Fiscal Impact: - ​ This initiative is expected to cost $35,000. Funding is included in FY2025-26  Sustainability Department operating budget.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2025-10-14","mt":"regular","id":"P","ref":"RES 25-227","it":"resolution","t":"Resolution authorizing amendment to the existing paratransit contract with Buncombe County to reflect an increase in funding","desc":"Background: - ​ The City of Asheville contracts with Buncombe County to provide the federally-required  ADA Paratransit Services.  ​ ​  - ​ Resolution No. 24-141 authorized a total of $1,211,815 in paratransit costs for Fiscal Year  2025 to be added to the contract. - ​ However, the actual cost for Fiscal Year 2025 was $10,794.83 more than was originally  estimated, for a total of $1,222,609.83. - ​ Therefore, this request seeks to add $10,794.83 to the contract for Fiscal Year 2025 and  bring the total cumulative contract value from $2,962,310.34 to $2,973,105.17. - ​ The budget increase reflects the growing usage by individuals who meet and qualify  under ADA paratransit service guidelines. - ​ This service is mandated under federal requirements to ensure complementary  paratransit service within ¾ of a mile of fixed-route transit services. The City of Asheville  extends this service city-wide to all eligible individuals who meet ADA certification.  Committee(s): - ​ None  Pro(s): - ​ Supports the continuation of current/existing paratransit services. - ​ Ensures sufficient funding to pay for services as required by the contractual agreement.  Con(s): - ​ None  Fiscal Impact: - ​ This resolution includes an increase of $10,794.83, bringing the original FY2025 cost  from $1,211,815 to $1,222,609.83 and to increase the current existing Paratransit  Contract, between the City of Asheville and Buncombe County, amount from  $2,962,310.34 to $2,973,105.17. - ​ The additional funds will be paid out of the existing FY2026 Transit Operating Budget.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2025-10-14","mt":"regular","id":"Q","ref":"RES 25-228","it":"resolution","t":"Resolution authorizing amendment to Buncombe County's Supplemental Elderly and Disabled Transportation Assistance Program agreement (FY2024 Section 5310 funds)","desc":"Background:  ​ ​  - ​ Federal Transit Administration (FTA) grant funds are apportioned to the Asheville  Urbanized Area (AUZA) annually by the Federal Transit Administration and are disbursed  by the City of Asheville, as the Designated Recipient, to the regional transit agencies  (Subrecipients), including Buncombe County, Land of Sky Regional Council, Senior  Companions - Caregiver Project and Buncombe County Agency on Aging. - ​ This action seeks to align Buncombe County's Supplemental Elderly and Disabled  Transportation Assistance Program (SEDTAP) with Federal Transit Administration (FTA)  requirements by correcting the mandated local match.    Committee(s): - ​ The Community Reparations Commission agreed that the charge given to them by the  City Council has been completed.  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2025-10-14","mt":"regular","id":"R","ref":"RES 25-229","it":"resolution","t":"Resolution dissolving the Community Reparations Commission","desc":"Background: - ​ On July 14, 2020, City Council adopted Resolution No. 20-128, which supported  community reparations for black Asheville and established the Community Reparations  Commission. - ​ The members of the Community Reparations Commission (CRC) were appointed by  Asheville City Council on March 8, 2022, and the Buncombe County Board of  Commissioners on March 15, 2022. - ​ The CRC was tasked with issuing a report in a timely manner to consider incorporating  into short- and long-term, priorities and plans. - ​ Over the course of the process the CRC completed the following: - ​ Presented an immediate recommendation to “Stop the Harm”.  ​ ​  - ​ On January 24, 2023, the Asheville City Council approved a resolution  authorizing development of a scope of work for a Cease the Harm Audit. Results  of the audit were presented in March 2024 - ​ Organized a Community Engagement Committee where they developed a  community engagement tool. - ​ Engaged over 3,200 Black residents during the months of March and May 2024. - ​ Established a working group composed of CRC members, City and County staff,  and IFA Facilitators to complete the CRC report. - ​ They voted on and passed the motion to create their own 501(c)3 - ​ Paperwork has been filed with the State of NC - ​ They are in the process of creating their Board - ​ Community Engagement work was done which included meeting in their  respective IFA’s and discussing recommendations as they relate to Tropical  Storm Helene Recovery. - ​ On September 9, 2025, the Commission provided its final report to the Asheville City  Council.  Goal(s): - ​ Diverse Community  Committee(s): - ​ The Community Reparations Commission agreed that the charge given to them by the  City Council has been completed.  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Community Programs","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2025-10-14","mt":"regular","id":"S","ref":"RES 25-230","it":"resolution","t":"Resolution dissolving the I-26 Connector Aesthetics Committee","desc":"Background: - ​ The I-26 Aesthetics Committee was established by City Council as an advisory body in  April 2018. - ​ The Committee began its work in October 2018. - ​ The Aesthetics Committee was charged with developing a list of aesthetics treatments to  be incorporated into the NCDOT I-26 Connector project to enhance the appearance,  integration, and cohesion of the project with Asheville.  ​ ​  - ​ One of the primary deliverables for the I-26 Connector Project is a Final Report  associated with the “Vertical Treatments” of the project, including bridges, retaining walls,  sound walls, lighting, etc. - ​ Additionally the report was to include funding responsibilities of both the City and the  NCDOT toward the proposed treatments. - ​ A Draft of the Final Report for the Vertical Treatments was presented to City Council on  February 14, 2023 and was accompanied by Resolution 23-21 authorizing the City  Manager to sign a funding letter of commitment to the NCDOT for the recommended  Vertical Treatments in the report. This funding letter of commitment was provided to  NCDOT on February 15, 2023. - ​ The Aesthetics Committee additionally provided a list of guidelines for the horizontal  treatments (landscaping) for the project in mid-2024. - ​ Most recently, the Committee concluded its work by providing a resolution and  presentation to the City Council at their September 9, 2025 meeting regarding  recommendations for the West Patton Avenue Bridge.  Goal(s): - ​ Well Planned and Livable Community - ​ Transportation and Accessibility  Committee(s): - ​ I-26 Connector Aesthetics Committee recommended dissolution at their July 16, 2025  meeting  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2025-10-14","mt":"regular","id":"T","ref":"","it":"appointment","t":"Motion appointing Susan Bean to the French Broad River Metropolitan Planning Organization","desc":"Background: - ​ The Asheville City Council has established numerous boards and commissions. - ​ The membership status of those individuals appointed to serve on these bodies varies  based on the relevant establishing ordinance, resolution, or other Council action. - ​ As a result of this lack of consistency and specificity, the authority of the City Council to  alter or terminate membership from its boards and commissions remains unclear. - ​ The proposed amendment will add a new ordinance section (Sec. 2-51) to the City’s  Code of Ordinances to clarify that all members of City Council appointed boards and  commissions serve at the pleasure of the City Council unless otherwise dictated by state  law. ​ ​  - ​ This will memorialize the authority of the City Council over its subordinate public bodies,  and infuse consistency and clarity into the membership characteristics of all boards and  commissions.  Vendor Outreach Efforts: - ​ Not Applicable  Committee(s): - ​ N/A  Pro(s): - ​ Provides consistency for membership status on all City Council boards and commissions.  Con(s): - ​ None  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Boards & Appointments","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2025-10-14","mt":"regular","id":"U","ref":"ORD 5179","it":"ordinance","t":"Ordinance amending Chapter 2 by adding Section 2.51 to further define the membership status of all City boards and commissions","desc":"Background: - ​ The Asheville City Council has established numerous boards and commissions. - ​ The membership status of those individuals appointed to serve on these bodies varies  based on the relevant establishing ordinance, resolution, or other Council action. - ​ As a result of this lack of consistency and specificity, the authority of the City Council to  alter or terminate membership from its boards and commissions remains unclear. - ​ The proposed amendment will add a new ordinance section (Sec. 2-51) to the City’s  Code of Ordinances to clarify that all members of City Council appointed boards and  commissions serve at the pleasure of the City Council unless otherwise dictated by state  law. ​ ​  - ​ This will memorialize the authority of the City Council over its subordinate public bodies,  and infuse consistency and clarity into the membership characteristics of all boards and  commissions.  Vendor Outreach Efforts: - ​ Not Applicable  Committee(s): - ​ N/A  Pro(s): - ​ Provides consistency for membership status on all City Council boards and commissions.  Con(s): - ​ None  Fiscal Impact: - ​ This action requires no City resources and has no fiscal impact.","c":"Boards & Appointments","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":24},{"d":"2025-10-14","mt":"regular","id":"VI-A-noise","ref":"ORD 5181","it":"ordinance","t":"First reading of ordinance amending Section 10-88 (noise regulations), Type 3 sound exceedance permit, increasing events from 30 to 50 as a pilot through Dec 31, 2026","desc":"Assistant City Manager Ben Woody provided the following key takeaways from his presentation: (1) Council’s Planning, Economic Development and Environment (PEDE) Committee directed staff to bring the following quick-action downtown activation initiatives to City Council for consideration: (a) Establishment of an event-based social district pilot program; (b) An amendment to the noise ordinance that increases the number of allowable exceedance events for level III venues; (c) Support/subsidies for “open streets” events; an (d) A food truck pilot program; (2) The establishment of an event-based social district and changes to the noise ordinance require City Council action (the other initiatives do not); (3) All initiatives are pilot programs intended to increase pedestrian foot traffic and economic activity in the short-term, launched in a way that utilizes existing resources and staff capacity; and (4) Each initiative will be tracked, measured and evaluated. Results and feedback can inform future policy amendments, and/or investments for consideration.  ​ An overview of the open streets is (1) Open Streets originated as a recurring program to encourage active transportation and physical activity, part of a global movement. Streets are open for recreation and public enjoyment, closed for vehicular traffic and parking; (2) As proposed by Asheville Downtown Association (ADA) and discussed with Council’s PEDE committee, “open streets” in this context is inclusive of block parties, street festivals, and other types of programming on public streets that promote activation and foot traffic; and (3) In other words, supporting Open Streets = supporting outdoor special events that incorporate parking and vehicular closures on public streets.  ​ Regarding updates on the event support mini-grants, (1) The City of Asheville, in partnership with ArtsAVL, launched a new Rolling Mini-Grant Pilot on September 8, 2025. This new initiative complements the existing Annual Event Support Grant, offering two distinct funding opportunities: (1) Event Support Grant (Regular): This grant typically awards $3,000 to $10,000 to Buncombe County nonprofit organizations for larger annual events; and (2) Rolling Mini-Grant Pilot (New): This grant provides up to $1,000 for pop-up and smaller-scale events. It is open to nonprofit organizations in Buncombe County or for-profit businesses within the proposed event footprint, specifically to help cover City-related fees (a) $14,000 in funds are available for awards ​ ​  \fup to $1,000; (b) Applications are accepted on a rolling (monthly) basis until funds are exhausted or December 31, 2026; and (c) Funds can cover fees associated with street and parking closures; (2) Both grant programs aim to enhance access to the arts, enrich Asheville’s cultural landscape, and foster active and welcoming public spaces; and (3) The following impacts will be evaluated for events taking place within downtown: Foot traffic data; feedback from businesses regarding impacts on sales; and general feedback from businesses and the public.  ​ Regarding open streets mini grants, Councilwoman Roney said we had open streets events in 2016, in 2018 and those roads were closed to vehicular traffic and it was a benefit for retail and the food and beverage industry. The infrastructure was able to be moved and it resulted in traffic reduction. Making our streets for everyone is a benefit to our economy, infrastructure and it’s a way we can learn together. Open streets is a great first step to activation by offering mini-grants so we can start to measure the success.  ​ Regarding an overview of the food truck regulations downtown - Current Site and Operating Requirements (1) Permanent food truck uses are allowed on sites in the CBD (downtown) and other specified zoning districts with an approved development plan/permit and associated site compliance; (2) Temporary food truck uses in the CBD (a) On public property - allowed to operate, but only in association with an outdoor special event; and (b) On private property - not allowed within the CBD (or in Biltmore Village), otherwise allowed in all non-residential districts with a Temporary Use Permit; and (3) Free-standing gasoline generators are prohibited within the Fire District (generally, the downtown core).  ​ Updates on the food truck pilot (fall 2025) include (1) Input from mobile food operators through a recent survey indicated interest in downtown vending (Fri lunch and dinner hours most preferred); (2) City’s ABI and OSE offices launched a limited series, “Food Truck Fridays” Oct 3 - Dec 19 in Pack Sq. Park; (3) Features 1-2 rotating food trucks from 11am - 3pm; (4) Highlights local vendors and offerings while promoting additional activation; (5) Will better inform future needs, interests and opportunities related to food truck vending downtown; (6) Customers/foot traffic along with vendor and public feedback will evaluated; and (7) Future considerations could include an expanded event series/program, policy changes, and/or investments in supportive infrastructure.  ​ Regarding the food trucks, Councilwoman Roney said that late night hours were originally requested when restaurants aren’t open/serving, which is a benefit to residents, workers getting out late, and people leaving our bars and events. She supports furthering change to support small, local businesses and an equitable recovery.  ​ Assistant City Manager Woody then provided an overview of the noise ordinance exceedance includes (1) The current noise ordinance was adopted in July 2021 and includes an allowance to lawfully exceed sound level limits (maximum decibel levels); (2) Performance Centers under certain conditions are allowed to obtain a sound exceedance permit that allows the venue to exceed maximum decibel levels for no more than 30 days of events within a single twelve-month period; (3) City Council’s PEDE committee has expressed interest in increasing the number of days that applicable performance centers can exceed the maximum decibel levels; and (4) Council action is required to make changes to the noise ordinance. For consideration of the noise ordinance amendment is to increase the number of sound exceedance events from 30 to 50 for the 2026 Calendar Year  ​ An overview of the social districts is: Areas designated by cities/counties where individuals may carry and consume alcoholic beverages purchased from ABC-permitted businesses within the designated area. *Differs from the type of ABC permit otherwise enabled for outdoor special events. *Does not inherently involve street closures per state regulations. Legal Requirements are (1) Designate specific days and hours that alcoholic beverages may be ​ ​  \fconsumed in the Social District (SD); (2) Post signs in a conspicuous place listing the above days and hours; (3) Establish a management and maintenance plan for the SD and post the plans, geographic boundaries and the days and hours on the City’s website; (4) Pass an ordinance with all of the above; and (5) Submit the map showing geographic boundaries and days and hours to the ABC Commission.  ​ For consideration of the event-based South Slope social district pilot is (1) Applicable event dates during the following 2026 events and times which have been amended as follows: (1) Mardi Gras Parade - Sunday, February 15, 2026 // during established event hours not to exceed 11am - 11pm; (2) Chai Pani Holi Celebration - Sunday, March 8, 2026 // during established event hours not to exceed 11am - 11pm; (3) Independence Day - Saturday, July 4, 2026 // during established event hours not to exceed 11am - 11pm; (4) Weenie Walk - Saturday, August 1, 2026 // during established event hours not to exceed 11am - 11pm; and (5) Oktoberfest - Saturday, October 3, 2026 // during established event hours not to exceed 11am - 11pm. The amended event hours allows the social district to turn off at the conclusion of each event. Statutorily required signage and notification must be modified accordingly for each event.City Council has the ability to approve additional dates and/or social districts by ordinance at a later date; and (2) Operations and Management: (A) ADA in coordination with applicable event organizers will follow existing requirements for outdoor special events (i.e. safety plans, barricades, restrooms, clean-up, etc.); and (B) ADA in coordination with applicable event organizers will be responsible for business engagement, required signage, branded cups, management and maintenance, etc. (all added expenses).  ​ Updates on the pushcart program are (1) New locations made available for popular areas downtown (Pack Sq, around Pritchard Park); (2) Improved coordination between the Pushcart program and Downtown Events; and (3) Improved online application process. Future policy/ordinance changes to be considered: (1) Eliminate the requirement for an encroachment agreement (reduces fees); (2) Clarify dimensional/safety requirements for new carts (clarifies standards while ensuring accessibility); (3) Require regular activation (to ensure spaces are being utilized); and (4) Introduce a maximum # of locations for any one vendor (to encourage diverse offerings and support opportunities/access for additional entrepreneurs/vendors).  ​ Updates on the Temporary Activation Program (TAP) are that it accommodates temporary utilization of City-owned/managed property to support economic and natural resource recovery (www.ashevillenc.gov/TAP). Examples: adjustment of fence + pilot programming at 68 Haywood during HCCA events, plantings and signage in RAD, temporary art in Pack Square, clean-ups and seeding along riverbanks.  ​ Noise Regulations   The following is the staff report provided to Council and the public:   “This is the consideration of an ordinance amending Section 10-88 (Noise Regulations) regarding increasing the event days of a Level 3 sound exceedance permit from 30 to 50 event days for a pilot program period with a sunset date of December 31, 2026.  Background: - ​ The current noise ordinance was adopted in July 2021 and includes an allowance to  lawfully exceed sound level limits (maximum decibel levels). - ​ Performance Centers under certain conditions are allowed to obtain a sound exceedance  permit that allows the venue to exceed maximum decibel levels for no more than 30 days  of events within a single twelve-month period. - ​ Guided by direction and discussion of City Council’s PEDE Committee, staff developed  ​ ​  \f an amendment to the noise ordinance that allows applicable performance centers to  exceed the maximum decibel levels from 30 to 50 events as part of a downtown  activation pilot program. - ​ The pilot program will run through the calendar year 2026 and sunset on December 31st,  2026. - ​ The current wording of the ordinance for 30 event days will reset beginning on January  1st, 2027.  Vendor Outreach Efforts: - ​ n/a  Committee(s): - ​ Planning, Economic Development, and Environmental Council Committee - August 19,  2025 - unanimously agreed to move this topic to full council without a formal vote.  Pro(s): - ​ To be determined based on the evaluation of the pilot program.  Con(s): - ​ Staff is present at each of these programmed events to monitor the performance and  compliance with regulation. Increasing from 30 events to 50 events will require additional  staff hours to monitor compliance with Type 3 Decibel limitations for 20 additional events. - ​ Increasing events will create an increased need for staff to monitor events. These  additional hours could lead to overtime hours or the need to flex hours from the  standard work week.  Fiscal Impact: - ​ While not a direct fiscal impact, additional hours may potentially lead to increased  overtime pay to compliance staff.”  ​ Three individuals spoke in support of the noise ordinance amendment, for various reasons, some being, but are not limited to: great first step with collaboration with small businesses; and great opportunity to drive more traffic and revenue to all businesses downtown.  ​ Vice-Mayor Mosley feels that there is disparity happening this evening. She noted that for two years the legacy neighborhoods have been requesting changes to our ordinance, but they were asked to wait and nothing has happened yet. Yet, we have two issues (noise and social districts) that result in ordinance changes. Regarding social districts, that is not coming from City staff, but a special interest group. Regarding the noise ordinance, we seem to be making the amendment for one business. She wants to recognize that when certain groups speak to certain city leaders, items get placed on the agenda and they get voted on. And then when the legacy neighborhoods ask for an item, they are put on hold.  ​ Councilwoman Roney felt that we reached a delicate balance on our noise ordinance, and wanted to support the downtown, but she feels increasing the event days of a sound exceedance permit from 30 to 50 is too great a leap. She then moved to offer a friendly amendment to increase the permit from 30 to 35. Due to lack of a second, the motion failed.  ​ ​  \f​ Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.  ​","c":"Zoning & Land Use","mo":"individual","mv":"Hess","sec":"Turner","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":1,"mr":"contested vote","sq":27},{"d":"2025-10-14","mt":"regular","id":"VI-A-social","ref":"","it":"motion","t":"Motion to continue Social Districts / Central Business District Food Trucks Pilot ordinance amendment to November 18, 2025","desc":"","c":"Zoning & Land Use","mo":"procedural","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":28},{"d":"2025-10-14","mt":"special","id":"sp-closed-in","ref":"","it":"motion","t":"Motion to go into closed session (4:00 p.m. special meeting)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":2},{"d":"2025-10-14","mt":"special","id":"sp-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":3},{"d":"2025-10-14","mt":"worksession","id":"ws-closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Mosley","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-10-14","mt":"worksession","id":"ws-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Turner","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1v3WtQ_Nopcbc5Sl2ZZSgMf8jBqmoMSHy/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-10-28","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the October 9, 2025 worksession and October 14, 2025 formal meeting","desc":"Action Requested: Adoption of a resolution ratifying a 5-year agreement with Homeward Bound  of WNC for Street Outreach services from July 1, 2022 - June 30, 2027, subject to budget  approval and availability, in the amount of $550,000. In 2022, this contract was approved via","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-10-28","mt":"regular","id":"B","ref":"RES 25-231","it":"resolution","t":"Resolution ratifying a 5-year agreement with Homeward Bound of WNC for street outreach services (July 1, 2022 - June 30, 2027)","desc":"Action Requested: Adoption of a resolution ratifying a 5-year agreement with Homeward Bound  of WNC for Street Outreach services from July 1, 2022 - June 30, 2027, subject to budget  approval and availability, in the amount of $550,000. In 2022, this contract was approved via","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-10-28","mt":"regular","id":"C","ref":"RES 25-232","it":"resolution","t":"Resolution authorizing agreement with Trinity United Methodist Church to provide nightly winter shelter in the 2025-26 Code Purple season","desc":"Background:  - ​ The City of Asheville is a participating entitlement community in the U.S. Department of  Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG)  program.  - ​ The City of Asheville received a supplemental grant of $1,748,141 from the CDBG  Declared Disaster Recovery Fund (DDRF) program and dedicated $250,000 of that to  Emergency Shelter, with planning to be led by the CoC.  - ​ The CoC Board directed the Code Purple Work Group to incorporate CDBG-DDRF into  its plan for the 25-26 season in order to make nightly Winter Shelter available as a  complement to weather-dependent Code Purple shelter based on the increase in  unsheltered homelessness since Helene.  - ​ The Code Purple Work Group presented a plan at the October 9, 2025 CoC Board  meeting including several Code Purple sites (Transformation Village, Salvation Army, and  AHOPE) and 50 beds of nightly Winter Shelter provided by Safe Shelter at their existing  location (10 beds) and at Salvation Army’s property at 91 New Leicester Highway (40  beds).  - ​ CDBG-DDRF funds in the amount of $250,000 are recommended by the CoC to support  Safe Shelter’s operation at 91 New Leicester Highway.  - ​ Trinity United Methodist Church serves as the fiscal agent for Safe Shelter.  - ​ Shelter is slated to open November 1, 2025 and to operate nightly through March 31,   2026.    Vendor Outreach Efforts:  - ​ The Asheville-Buncombe Continuum of Care was responsible for developing the 25-26  Code Purple plan, including use of CDBG-DDRF to make nightly Winter Shelter  available.      Committee(s):   ​ ​  - ​ The Asheville-Buncombe Continuum of Care Board unanimously approved this  recommendation at their October 9, 2025 meeting.     Pro(s):  - ​ Provides essential, life-saving emergency shelter for people experiencing homelessness   during cold weather    Con(s):  - ​ None noted    Fiscal Impact:  - ​ The City of Asheville received a $1.7M grant from HUD and dedicated $250,000 to  Emergency Shelter with planning led by the Asheville-Buncombe Continuum of Care  (CoC). The CoC Board approved plans utilizing these funds at their October 9, 2025  meeting.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-10-28","mt":"regular","id":"D","ref":"RES 25-233","it":"resolution","t":"Resolution authorizing emergency professional services contract with Schnabel Engineering South for Phase One repairs at the Bee Tree Dam due to Tropical Storm Helene","desc":"Background:  - ​ In late September, the City of Asheville experienced unprecedented rainfall both from  Tropical Storm Helene and a predecessor heavy rain event. A state of emergency  covering Asheville was declared on September 25th in relation to Tropical Storm Helene.  - ​ The damage caused by Helene required an immediate response by the City to secure  public safety, provide aid to the community, and secure public infrastructure.  - ​ In responding to this crisis, the City of Asheville engaged outside assistance to address  the needs of the community as those needs exceed the capacity of City staff.  - ​ The large amount of precipitation from TS Helene activated the Bee Tree Spillway.  - ​ The Bee Tree Dam and Spillway operated as designed.  - ​ Aspects of the Bee Tree Dam and Spillway were impacted by the storm.  - ​ This contract establishes a path to complete repair through three phases of engineering   services.  - ​ Overall the scope involves investigation, design, procurement services, construction   bidding and administration services to return the structures to their original functions  while maintaining resiliency.  - ​ Assistance with requirements and correspondences of NC Dam Safety.   ​ ​  - ​ The Contract will cover all three phases of work. Subsequent phases will be brought to  the City Council via changes orders.  - ​ The cost of Phase One (1) contract is $275,000.00 with $13,750.00 contingency for a  total amount not to exceed $278,500.00  - ​ Scope of work for Phase One covers these main areas:  - ​ Investigation and inspection of assets to inform phase two (2) design.  - ​ Bidding, evaluation and recommendation for early acquisition of materials.  - ​ Assistance with requirements and correspondences with NC Dam Safety  - ​ Council will be presented with a minimum of two changes orders to cover Phases 2 & 3  of this repair project.     Vendor Outreach Efforts:  - ​ On March 13, 2025, An emergency RFQ was sent to engineering firms with specialties  associated with earthen dams (geotechnical, structural, contract administration,  construction oversight, etc.).  - ​ Two firms submitted proposals.  - ​ Schnabel Engineering South “Schnabel” was chosen as the most qualified.  - ​ The cost of Phase One (1) contract is $275,000.00 with $13,750.00 contingency for a   total amount not to exceed $278,500.00.  - ​ Scope of work covers these main areas:  - ​ Investigation and inspection of assets to inform phase two (2) design.  - ​ Bidding, evaluation and recommendation for early acquisition of materials.  - ​ Assistance with requirements and correspondences with NC Dam Safety     Council Vision:  - ​ Clean, Safe, and Healthy Environment    Committee(s):  - ​ none    Pro(s):  - ​ Allows the City to quickly address an emergency without delay.    Con(s):  - ​ None    Fiscal Impact:  - ​ The cost of Phase One (1) contract is $275,000.00 with $13,750.00 contingency for a  total amount not to exceed $278,500.00.  - ​ Funding is available in the Water Capital Projects Fund. All costs are expected to be  reimbursed by FEMA.  - ​ Funding for PhasesTwo (2) and Three (3) will be available in the Water Capital Projects  Fund.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-10-28","mt":"regular","id":"E","ref":"RES 25-234","it":"resolution","t":"Resolution authorizing 3-year contract with Systel Business Equipment for Smart Integration cloud connectors","desc":"Background:  - ​ The City of Asheville utilizes the Omniai Partners Cooperative Contract for the lease of  Ricoh copiers and printers from Systel Business Equipment.  - ​ A specialized connector is required to facilitate direct scanning from devices to Google  Drive.  - ​ This connector also enables mobile devices, such as Chromebooks, to print to these  machines.  - ​ To use this connector, the City needs to contract for a software license.    Vendor Outreach Efforts:  - ​ Outreach was not conducted because Ricoh, the copier manufacturer, sells licenses  exclusively to its resellers, not directly to consumers.  - ​ These licenses must be managed by the machine vendor, which, in this instance, is  Systel.  - ​ The City of Asheville utilizes the Omnia Partners Cooperative Contract for the lease of  Ricoh copiers and printers from Systel Business Equipment.      Committee(s):  - ​ N/A     Pro(s):  - ​ This service enables scanning directly to Google Drive, offering a valuable connection for  employees working remotely or via Wi-Fi to our existing Ricoh copiers.  - ​ It's important to note that Ricoh only offers this product through its authorized resellers,  not directly to consumers.     Con(s):  - ​ N/A.    Fiscal Impact:  - ​ Funding for Year One is included in the IT operating budget.  - ​ Future years will be planned during the annual budget development process.  - ​ Year one for Fiscal Year 2026 will be $17,131.74.  - ​ This will be a 3-year contract (the length being needed for pricing and standardization).  - ​ The total after 3 years will not exceed $51,395.22.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-10-28","mt":"regular","id":"F","ref":"RES 25-235","it":"resolution","t":"Resolution authorizing execution of an installment financing contract with JPMorgan Chase Bank N.A. for CIP vehicles and equipment not to exceed $8,550,000","desc":"Background:  - ​ The City annually budgets for the purchase of necessary vehicles and equipment and   typically finances these purchases through an installment loan that comes to City  Council for its consideration on an annual basis.  - ​ The last installment loan that City Council considered and approved was in  November of 2023.  - ​ Staff was in the process of moving ahead with another loan in the fall of 2024 but that  process was disrupted by Tropical Storm Helene.  - ​ In September 2025, the City moved ahead with a Request for Proposal (RFP)  seeking competitive bids for the Fiscal Year 2025-26 installment loan financing which  totaled $8,473,770.66, which will finance purchases made over the last 12-18  months.  - ​ Five proposals were received and reviewed.  - ​ The most favorable proposal was submitted by JPMorgan Chase Bank, N.A. at an   interest rate not to exceed 3.27% per annum.  - ​ All of the expenses associated with this loan have already been incurred, and the   proceeds will be used to reimburse the City for those expenses.     Pro(s):  - ​ Provides funding of capital expenditures at a favorable interest rate.  - ​ Spreads capital costs over the purchased asset life.    Con(s):  - ​ Increases the lifetime cost of acquisition through interest and cost of debt issuance   expenses.    Fiscal Impact:  - ​ Debt service payments on this loan are already accounted for in the City’s multi-year   Capital Improvement (CIP) and Debt model.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-10-28","mt":"regular","id":"G","ref":"RES 25-236 / ORD 5182","it":"resolution","t":"Resolution authorizing acceptance of grant funds from the NC Dept. of Insurance Office of State Fire Marshal's Helene Disaster Recovery Grant (with budget amendment)","desc":"​ ​      ​ ​ ORDINANCE NO. 5182 - BUDGET AMENDMENT FOR DISASTER  RECOVERY GRANT      Background:  - ​ Session Law 20215-26 provides relief to eligible fire departments and rescue squads that  were affected by Tropical Storm Helene.  - ​ This grant was established to assist in enhancing emergency preparedness.  - ​ The State of North Carolina provides this funding to minimize local fiscal impact.  - ​ The Asheville Fire Department wishes to accept the grant to enhance and replace current   emergency preparedness equipment.   Vendor Outreach Efforts:  - ​ Funding for these efforts and services are provided to the City from the North Carolina   Department of Insurance Office of State Fire Marshal’s.     Committee(s):  - ​ None    Pro(s):  - ​ Through this grant, the City will gain access to vital tools and resources to further the  resiliency of our community without adding any additional financial burden to the City.  - ​ Will enhance firefighter readiness and community safety.  - ​ The City’s participation in State supported programs have proven consistently beneficial   and free of disadvantages.  - ​ The City will maintain full access to all equipment and resources for use within City   operations.  - ​ This grant’s initiative aligns with the City’s Strategic Operating Plan.     Con(s):  - ​ None Identified    Fiscal Impact:  - ​ This grant does not require a local match.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-10-28","mt":"regular","id":"H","ref":"RES 25-237","it":"resolution","t":"Resolution authorizing renewal of the automatic mutual aid agreement with Reems Creek Fire Department","desc":"Background:  - ​ In August 2013, City Council approved a resolution authorizing a multi-year agreement  with Reem’s Creek Fire Department for automatic aid service.  - ​ The City of Asheville has a need to strengthen its standard of response and cover in the  Beaverdam Valley, and the Reem’s Creek Fire Department is the most appropriate  organization to provide the service.  - ​ The initial agreement costs were $82,656 and as stipulated in the agreement, the costs  are to be adjusted every year based on the consumer price index.  - ​ After 11 years of positive consumer price index increases, the renewal for Fiscal Year  (FY) 2025-26 services cost and are budgeted at $116,560.15  - ​ The term of the renewal agreement will end June 30, 2026.    Vendor Outreach Efforts:  - ​ No other vendors are able to provide this service.  - ​ There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to   provide this service.     Committee(s):  - ​ None    Pro(s):  - ​ Allows the standard of coverage to be met greater than 90% of the time.    Con(s):  - ​ Increasing cost to maintain existing level of service.    Fiscal Impact:  - ​ Funding for this agreement is available in the Fire Department’s operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-10-28","mt":"regular","id":"I","ref":"ORD 5183","it":"ordinance","t":"Budget amendment to allow for payment to Asheville-Buncombe Youth Soccer Association in alignment with the property lease terms","desc":"​ ​      Background:  - ​ The Asheville Buncombe Youth Soccer Association (ABYSA) and the City of Asheville  entered into a twelve year lease agreement for the John B. Lewis (JLBL) Soccer  Complex in 2019.  - ​ As a term of the agreement, a capital improvement fund known as the JBL Turf  Replacement Reserve was established.  - ​ Throughout the term the City has contributed $15,000 to the fund annually, to date total  contributions are $105,000.  - ​ ABYSA is also required to contribute to the fund annually, beginning with $30,000 in year  1, with a 2% annual escalator on contributions, to date total contributions are $121,121.  - ​ As a term of the agreement, the responsibility for the expense and construction  management for the soccer fields is that of ABYSA.  - ​ After Helene, ABYSA applied for and was awarded a grant from the Buncombe County  Tourism Development Authority (BCTDA) to re-turf the soccer fields.  - ​ Part of the matching funds required for the grant are the funds in the JBL Turf  Replacement Reserve.  - ​ The funds contributed by ABYSA are in a City of Asheville account; budget authority is  required from the City Council to allow staff to return these funds to ABYSA for the turf  replacement project.  - ​ There is no impact to the City’s General Fund Budget.  - ​ ABYSA and the City will continue to contribute to the reserve annually with the next   payments to reserve due in fiscal year 2027 through the end of the term of the current  agreement.      Committee(s):  - ​ None    Pro(s):  - ​ The previously established reserve has allowed ABYSA to meet contractual obligations  and restore the fields in a timeline manner for use by residents and visitors.     Con(s):  - ​ None    Fiscal Impact:  - ​ None, ABYSA contributed the funds to the City, which are being held in a City of Asheville  account.  - ​ The funds were not budgeted to be spent in the current fiscal year during the budget  process, thus requiring this Budget Amendment.","c":"Economic Development","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-10-28","mt":"regular","id":"IV-A","ref":"RES 25-245","it":"public_hearing","t":"Public hearing amending the CDBG-DR Action Plan (beneficiary amount and minimum project award changes)","desc":"Community Development Division Manager James Shelton said that this is the consideration of public hearing to consider a resolution authorizing the City Manager to submit amendments the CDBG-DR Action Plan to (1) reflect an increase to the maximum beneficiary amount under the State of North Carolina Reconstruction and Rehabilitation of Owner-Occupied Housing Program from $375,000 to $450,000, (2) to reflect a decrease to the minimum project award under the Housing and Economic Security Support Services Program from $500,000 to $250,000, and (3) to correct a federal regulation reference under the Multi-Family Housing Program from “24 CFR 570.483(b)(3)” to the applicable “24 CFR 570.208(3).” This public hearing was advertised on November 17,, 2025. Background: - In September 2024, the City of Asheville (City) was severely impacted by Tropical Storm Helene (DR-4827-NC), producing unprecedented impacts on the City’s infrastructure, economy, and housing. - HUD allocated $225,010,000 in CDBG-DR funds to the City of Asheville on January 16, 2025. - The City’s CDBG-DR Action Plan allocated $3,000,000 for single-family homeowner repairs and named the North Carolina Department of Commerce as a partner. - The City is partnering with the State of North Carolina Renew NC Single-Family Housing Program to administer home Rehabilitation and Reconstruction activities for Asheville homeowners on the City’s behalf. - The Renew NC program is live and accessible to Asheville (and all WNC) residents. - The maximum beneficiary grant for the reconstruction and rehabilitation of owner-occupied housing units was initially set at $375,000. - The State of North Carolina is seeking an amendment to the maximum award amount to $450,000 through a substantial amendment to their CDBG-DR Action Plan. - The new maximum award amount would reflect the true costs of construction (inclusive of mitigation) as they are implementing the program. - The City of Asheville seeks to align our CDBG-DR Action Plan with the updated maximum award amount of $450,000 the State is adopting. - The City’s CDBG-DR Action Plan further allocated $2,000,000 for the Housing and Economic Security Support Services Program. - The minimum project award was set at $500,000. The City is seeking to lower the minimum project award amount to $250,000 through a substantial amendment to the CDBG-DR Action Plan. - The City’s CDBG-DR Action Plan initially referenced “24 CFR 570.483(b)(3),” which is applicable to State grants, in a section related to the CDBG-DR Multi-Family Housing Construction Program, when it should have referenced “24 CFR 570.208(3).” - The City is seeking to correct this citation in the CDBG-DR Action Plan. - This amendment does not change the actual funding amount that is allocated to any of our CDBG-DR programs, but changes the maximum and minimum amounts that we may award to individual projects under those two programs. - To proceed, City Council must authorize an amendment to our CDBG-DR Action Plan. Committee(s): - The Housing and Community Development Committee met on October 21 and voted 3-0 approval to move forward to City Council. Con(s): - N/A Fiscal Impact: - The CDBG-DR Action Plan and associated staff costs are funded from federal CDBG-DR grants. Mr. Shelton outlined the following key takeaways from his presentation: (1) The City of Asheville’s CDBG-DR Action Plan may be amended; (2) At the last council meeting (10/14/2025) Council authorized the City Manager to enter into an agreement with State of NC’s RenewNC Rehabilitation and Reconstruction Housing Program. The City seeks to amend our Action Plan to align with the State’s maximum grant amount by increasing it from $375,000 to $450,000; (3) For the forthcoming Housing and Economic Security Support Services Program, the City is seeking to lower the minimum project award amount to $250,000 to widen the pool of eligible organizations with the financial capacity to deliver requested services; (4) Staff are also correcting a citation in the Action Plan in the Affordable Multifamily Housing Construction program language; and (5) Our Citizen Participation Plan requires that we hold a public hearing on any substantial amendments to the Action Plan and staff are requesting City Council to authorize these amendments to the CDBG-DR Action Plan. Non-substantial amendments include (1) The City’s CDBG-DR Action Plan can be amended; (2) Non-substantial amendments include: (a) Allocating or reallocating funds within the monetary cap ($5,000,000) established in the Action Plan; (b) Non-technical corrections or clarifications that do not impact program implementation; and (c) Administrative updates, such as adjustments to reporting procedures or minor program modifications. Substantial amendments include (1) Changes in program benefit or eligibility criteria, including the expansion of eligible beneficiaries; (2) The addition or removal of an activity, impacting the overall scope of recovery efforts; (3) The allocation or reallocation of funds exceeding the https://drive.google.com/file/d/1WroBUu5znmlLY6kLLApJ3A8C9yZstZX2/view https://drive.google.com/file/d/1WroBUu5znmlLY6kLLApJ3A8C9yZstZX2/view monetary threshold above $5,000,000; and (4) Substantial amendments trigger our Citizen Participation Plan requirements, including a 30 day public comment period (public notices, socials, emails, etc) (a) Currently underway for the proposed amendments (10/10/25 - 11/09/2025); and (b) Comments can be submitted online at AshevilleRecovers.org/cdbg-dr/, via email, in person at City Hall: 70 Court Plaza, 5th Floor, Asheville, NC 28801; or by mail to Community Development Division 5th Floor, PO Box 7148, Asheville, NC 28802. Regarding the CDBG-DR, State of NC Renew NC Single-Family Housing Program, (1) Asheville residents (and all WNC residents) can go to RenewNC.org to start their application to get their storm-damaged home repaired; (2) The City has allocated $3,000,000 to reimburse the State for hard construction costs; (3) The State is administering the program and acting as a subrecipient to the City; (4) Funding limits per home were set at $50,000 for rehabilitation and $375,000 for reconstruction; (5) The State is amending their maximum for reconstruction to $450,000 per home to reflect the true costs of construction (inclusive of mitigation); and (6) The City seeks to align our CDBG-DR Action Plan with the updated maximum award amount of $450,000 to allow for full benefit to Asheville residents. Regarding the CDBG-DR Public Services Program, (1) The City’s CDBG-DR Action Plan allocated $2,000,000 for the Housing and Economic Security Support Services Program; (2) The minimum project award was set at $500,000; and (3) The City is seeking to lower the minimum project award amount to $250,000 to widen the pool of eligible project proposals that meet a critical community need. Regarding the CDBG-DR Affordable Multi-Family Housing Program, (1) The City’s CDBG-DR Action Plan initially referenced “24 CFR 570.483(b)(3),” which is applicable to State grants, in a section related to the CDBG-DR Multi-Family Housing Construction Program, when it should have referenced “24 CFR 570.208(3)” applicable to cities. The City is correcting this citation in the CDBG-DR Action Plan; and (2) This does not qualify as a “substantial” amendment to the Action Plan, but we mention it here for transparency as part of the overall Amendment 1 package. The Housing & Community Development Committee voted 3-0 to approve these amendments at the October 21, 2025, meeting. He said next steps include (1) The CDBG-DR Action Plan Amendment is currently posted on AshevilleRecovers.org for public comment; email, in person at City Hall: 70 Court Plaza, 5th Floor, Asheville, NC 28801; or by mail to Community Development Division 5th Floor, PO Box 7148, Asheville, NC 28802; (2) Comments will also be received at tonight’s public hearing; (3) After the 30 day public comment period closes (10/10/2025 - 11/09/2025), we will request HUD approval of the CDBG-DR Action Plan Amendments; and (4) Upon HUD approval, we will publish the amended CDBG-DR Action Plan, inclusive of all comments received. At the request of Councilwoman Roney, Mr. Shelton explained that even though City Council needs to vote at this meeting, the public comment period remains open until November 9, 2025. Mayor Manheimer opened the public hearing at 5:46 p.m., and when no one spoke, she closed the public hearing at 5:46 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Housing","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2025-10-28","mt":"regular","id":"IV-B","ref":"","it":"public_hearing","t":"Public hearing on UDO amendment to Section 7-14-1 (non-conforming structures to ADUs without Board of Adjustment review) - continued to January 27, 2026","desc":"​","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"contested vote","sq":19},{"d":"2025-10-28","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Public hearing on conditional zoning amendment for 27.05 acres at 767 New Haw Creek Road - continued to November 18, 2025","desc":"","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"continuance","sq":20},{"d":"2025-10-28","mt":"regular","id":"J","ref":"RES 25-238","it":"resolution","t":"Resolution authorizing amendment to contract with T&T Cleaning for custodial services in recreation facilities","desc":"Background:  - ​ A Request for Proposal process was conducted in June 2022 and included outreach to  Minority & Women Business Enterprises (MWBE’s).  - ​ Request for Proposals for custodial services was issued in June 2022 and awarded to  T&T Cleaning for one year with an additional three one-year options to renew  - ​ Out of the five proposals submitted, T&T Cleaning was selected based on the  qualifications, understanding of the scope of services, cost, and availability.  - ​ Resolution 23-155 authorized the City Manager to execute a contract with T&T Cleaning  for custodial services in recreation facilities, and further authorized approval of three  additional renewals for an amount not to exceed $395,062.58.  - ​ The contract was amended in 2023 to add cleaning services for the newly constructed  Grant Center gym, Mama T’s, and the Grove Street Center due to staffing challenges.  - ​ The contract needs an additional $9,361.22 for services throughout the remainder of the  fiscal year, when the contract ends.  - ​ The revised total for custodial services from September 2022 through June 2026 is not to  exceed $404,423.80.  - ​ There are no more renewals available to extend this contract and a new RFP will be  issued in 2026.     Vendor Outreach Efforts:  - ​ Staff performed outreach to minority and women-owned businesses through solicitation  processes, which include posting on the State’s Interactive Purchasing System and  requiring prime contractors to reach out to Minority & Women-Owned Business  Enterprise (MWBE) service providers for subcontracted services.  - ​ No MWBE firms submitted bids with this prime contractor, and all work will be  self-performed by the prime contractor.     Council Goas(s):  - ​ A clean and healthy environment    Committee(s):  - ​ None    Pro(s):  - ​ Recreation facilities are clean and safe.    Con(s):  - ​ Long-term cost of a required service.    Fiscal Impact:  - ​ $9,361.22 has been identified in the FY 2025-26 Parks & Recreation operating budget.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-10-28","mt":"regular","id":"K","ref":"RES 25-239","it":"resolution","t":"Resolution authorizing a boundary agreement between the City and owner of 290 Depot Street (Depot St QOZB LLC) to correct a gap in the property line","desc":"Background:  - ​ The City of Asheville owns real property at PIN #9648-05-8708, which is the location of  Murray Hill Park and Depot St QOZB LLC, owns adjacent real property at PIN  9648-06-4311 with the address of 290 Depot Street.  - ​ On July 13, 2004, the Asheville City Council approved the closure of Nelson Street via","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-10-28","mt":"regular","id":"L","ref":"RES 25-240","it":"resolution","t":"Resolution authorizing contract with Tennyson Rucker to provide sports officiating and referee services for Asheville Parks & Recreation youth and adult sports leagues","desc":"contractors to provide officiating and referee services for all of its youth and adult sports leagues. - City staff had to recruit, onboard and ensure independent contractors were trained for the sport they were being assigned. - An RFP was issued in July 2025 for Sports Officiating & Referee Services, and TENNYSON RUCKER was the vendor selected through this competitive RFP process. - Sports officiating and referee services are essential in order to offer high quality recreational sports experience for both youth and adult participants. - APR has been utilizing independent contractors to provide officiating services which consumes significant staff time to recruit, onboard, and process payments. - Contracting with a vendor who will recruit, hire, train, schedule, and evaluate officials will increase the quality of officiating and improve the experience of those individuals who provide their services for Parks & Recreation Department leagues resulting in the retention of experienced officials. - Options for two (2) twelve month renewals estimated at $135,000.00 annually with a maximum of $357,000 over the life of this contract. Vendor Outreach Efforts: - Funding for this project is provided through the APR’s operating budget. - As a result, the outreach and engagement followed the City’s business inclusion processes. - Staff performed a solicitation process which included advertising Requests for Proposals (RFP) on the North Carolina Historically Underutilized Businesses (HUB) website. - Staff also advertised to all existing independent contractors who have performed sports officiating for the City of Asheville. Committee(s): - None Pro(s): - Provides officials and referees for all youth and adult recreational sports leagues that are trained and competent. - Provides an increased pool of candidates to officiate youth and adult sports leagues. - Improves the experience of officials through expedited payroll processing by the vendor and reduces the volume of administrative work on City staff. Con(s): - None Fiscal Impact: - Funding for this contract’s initial term and two (2) optional 12 month renewals will not exceed $357,000. - Funding for the first year of this contract ($87,000) is available in the Parks & Recreation Department operating budget. - Future years will be planned during the annual budget development process. Motion - Motion to adopt a resolution authorizing the City Manager to execute a contract with Tennyson Rucker for officiating and refereeing services for the Asheville Parks & Recreation sports leagues, where the contract’s total amount is not to exceed $357,000.00 (inclusive of the initial term and any renewals); to approve two additional renewals; and execute any documents needed to effect the contract’s execution or renewal.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-10-28","mt":"regular","id":"M","ref":"RES 25-241","it":"resolution","t":"Resolution authorizing application for FY2026 NCDOT State Maintenance Assistance Program grant funds to support transit operations","desc":"Background:  - ​ The City of Asheville annually receives State Maintenance Assistance Program (SMAP)  funds from the NCDOT to support necessary maintenance activities of the ART transit  system.  - ​ This includes preventative maintenance of the City’s transit fleet, equipment, and  facilities.  - ​ The SMAP Program is providing $1,098,253 in grant funds for FY 2026 to the City to  support transit maintenance.  - ​ This is the same amount the City has received for the last several years.    Vendor Outreach Efforts:  - ​ N/A. This is an annual grant received from NCDOT to support transit maintenance.     Committee(s):  - ​ None    Pro(s):  - ​ Supplements funding for transit operating expenses.   ​ ​        Con(s):  - ​ The City is responsible for 100% local match, which is $1,098,253.    Fiscal Impact:  - ​ The SMAP Program is providing $1,098,253 in grant funds for FY 26 to the City to  support transit maintenance. This is the same amount the City has received for the last  several years.  - ​ Since this is a recurring grant application and disbursement, the anticipated funds and  required match (100%) were already included in the FY 2026 adopted Transit Operations  Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-10-28","mt":"regular","id":"N","ref":"RES 25-242","it":"resolution","t":"Resolution ratifying technical amendments to three resolutions regarding sole source bus technology for ART's CAD/AVL ITS system","desc":"Background:  - ​ This action seeks to ratify technical amendments to three previous sole-source  authorizations (via resolutions 25-188, 24-253, and 24-55) to correct the vendor for  Asheville Rides Transit’s CAD/AVL ITS system from Clever Devices IVN5 to Hanover.  - ​ The City of Asheville uses the Washington State Department of Enterprise Cooperative  Purchasing Agreement for Transit Buses Master Contract No. 06719 to purchase buses  from Gillig, approved by the Washington State Department of Enterprise on October 20,  2021.  - ​ The purchase of some specific technology-based components for the buses must receive  sole-source authorization to be purchased and installed on each bus separately,  however, to ensure that every bus has consistent and standardized technology.  - ​ The sole source authorization, pursuant to N.C.G.S. § 143-129(e)(6), allows the bus  manufacturer, Gillig, to purchase and install the authorized sole-source technology on  behalf of the City though the purchase order, without engaging in competitive bidding  because standardization is the overriding consideration in needing to use these specific  products.  - ​ Previous Resolutions below had the incorrect vendor listed:  Resolution Number Resolution Signed Bus Purchase Quantity  25-188 08.26.2025 5  24-253 11.12.2024 4  24-55 02.27.2024 3   ​ ​  - ​ The change from Clever Devices IVN5s to Hanover benefited the City by resulting in  several thousand dollars in cost savings per bus for a comparable product.   Committee(s): N/A   Pro(s):  - ​ The change from Clever Devices IVN5s to Hanover benefited the City by saving several   thousand dollars in cost per bus for a comparable product.   Con(s): None.   Fiscal Impact:  - ​ None. Previous purchase orders were updated to reflect the correct vendor prior to   purchase and payment.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-10-28","mt":"regular","id":"O","ref":"RES 25-243","it":"resolution","t":"Resolution authorizing application for funding from NCDEQ State Revolving Fund and EPA grant program for water system resilience improvements","desc":"Background:  - ​ The City is seeking funding to redesign and construct pre-treatment solutions to  transform the City’s two (2) direct filtration water treatment plants (North Fork and William  DeBruhl WTPs) as a direct result of changing conditions and damage from Tropical  Storm Helene.  - ​ The City has been working with, and will continue to work with, FEMA Public Assistance  to support this work.  - ​ FEMA PA has encouraged the City to submit concurrent applications to other funds, like  HMGP, while FEMA PA is being assessed for a permanent pre-treatment solution for the  City’s direct filtration plants.  - ​ This funding is initially up to $10 million for drinking water projects and $5 million for  wastewater projects.     Vendor Outreach Efforts:  - ​ N/A   ​ ​         Committee(s):  - ​ N/A    Pro(s):  - ​ The SRF loan is a long-term, zero-interest loan with principal forgiveness that is exclusive  to Helene-impacted communities for drinking water, wastewater and decentralized  wastewater treatment systems.     Con(s):  - ​ There are no con(s) with accepting this zero-interest loan.     Fiscal Impact:  - ​ None at this time. If awarded, staff will return to Council to amend the budget.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-10-28","mt":"regular","id":"P","ref":"RES 25-244 / ORD 5184","it":"resolution","t":"Resolution ratifying the grant application and contract with the Buncombe County TDA to accept the Legacy Investment from Tourism grant for the Coxe Avenue Complete Street Project (with budget amendment)","desc":"Background:  - ​ The Buncombe County Tourism Development Authority’s LIFT Fund provides financial  investment through grants, loan guarantees, or pledges of debt service to tourism-related  capital projects that will increase patronage of lodging facilities and benefit the community  at large in Buncombe County.  - ​ In April 2024 the Buncombe County Tourism Development Authority Board committed  $2,983,890 in LIFT Fund investment to the City of Asheville for the “Coxe Avenue  Complete Street” project.  - ​ Coxe Avenue Complete Street is a street improvement project that will include the   ​ ​      demolition and reconstruction of just over one-half mile of urban streetscape on Coxe  Avenue between Patton Avenue and Southside Avenue.  - ​ These improvements will enhance the experiences of local and out of town visitors by  reshaping Coxe Avenue so that it provides a more engaging and welcoming connection  between Downtown and the Southside neighborhood and the many destinations and  services along the corridor.      Committee(s):  - ​ None    Pro(s):  - ​ Improved sidewalks, crossings, and lighting to reduce pedestrian and cyclist conflicts  along a corridor that connects Downtown, South Slope, the hospital district, and  McCormick Field.  - ​ Replacing 3,000 ft of 6-inch cast-iron water lines with new 12-inch mains to increase  capacity and reliability.  - ​ Major stormwater system overhaul to fix chronic pooling and flooding caused by  century-old drainage under the filled ravine.  - ​ Adds dedicated bike facilities, accessibility features, and traffic-calming elements to meet  City multimodal and Vision Zero goals.  - ​ Coordinating water, stormwater, and streetscape work in one project reduces duplicated  construction and long-term costs.  - ​ Incorporates feedback from 2018 Tactical Urbanism pilot and South Slope Vision Plan  stakeholders.     Con(s):  - ​ Construction is not expected until 2026.  - ​ Anticipated road closures, parking reductions, and access limits during construction.  - ​ Large-scale underground work can exceed cost estimates due to unpredictable   subsurface conditions.  - ​ New landscaping and drainage add to City operations and maintenance costs.  - ​ Slight reduction in on-street parking from lane reconfiguration and new bike facilities.     Fiscal Impact:  - ​ Acceptance of $2,983,890 in grant funds for Coxe Avenue Streetscape Project  - ​ Matching funds are available in the General Capital Projects Fund and include NCDOT   TIP funding.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-10-28","mt":"regular","id":"V-A","ref":"ORD 5181","it":"ordinance","t":"Second and final reading of Ordinance No. 5181 amending Section 10-88 noise regulations (Type 3 sound exceedance permit, 30 to 50 events pilot)","desc":"​ Mayor Manheimer said that Ordinance No. 5181 was adopted on its first reading on  October 14, 2025; however, since it did not receive a super majority vote of Council, a second  reading is required.    ​ In response to Councilwoman Roney, Development Services Director Mark Matheny said  this pilot program has a sunset date of December 31, 2026, and it only applies to the Central  Business District (CBD) and commercial districts. There is only one Level 3 performance center  that exists in the CBD. If this were to apply to another Level 3 performance center, it would have  to be permitted and fully functional for this ordinance to apply to them before December 31, 2026.    ​ Councilwoman Roney noted that she did ask for a friendly amendment to the ordinance  on October 14, 2025, increasing the event days of a Level 3 sound exceedance permit from 30 to  35; however, the motion failed for lack of a second.    ​ When Councilwoman Smith asked if anyone had contacted the owner, of the one venue  this would apply to, if he could realistically have 50 event days until December 31, 2026, Mr.  Matheny replied he did not.     ​ ​      ​","c":"Community Programs","mo":"individual","mv":"Hess","sec":"Ullman","r":"passed","ta":"4-3","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"contested vote","sq":21},{"d":"2025-10-28","mt":"regular","id":"VI-25-246","ref":"RES 25-246","it":"appointment","t":"Resolution appointing members to the Economic Helene Recovery Board","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Economic Helene Recovery Board..    ​ On August 26, 2025, City Council adopted Resolution No. 25-194 establishing four  Helene Recovery Boards and the temporary operational structure of current City advisory boards  and commissions. At that time four new Recovery Boards were established as follows:  Economy; Housing; Infrastructure; and People and Environment. Each board shall have a  regular meeting schedule which shall continue until June 30, 2027, unless terminated or  amended earlier by the City Council. Each new recovery board shall confine its work to specific  assignments, requests, or direction to be provided by the City Council, City Council Committee, or  City Department Directors. Each task shall further provide a timeline upon which the board shall  confine its work. Upon providing its final report, the work of the board shall conclude until such  time as it receives a new request or direction.    ​ The membership of each board shall be constituted as follows: (1) each board shall have  no more than 11 members; (2) up to 7 members shall be appointed from existing chairs,  vice-chairs, or their designees of current boards and commissions; (3) 4-5 remaining members  shall be appointed by the City Council at-large; and (4) all appointments shall serve at the  pleasure of the City Council, and may be removed at any time with or without cause.     The following individuals applied for a vacancy: Stacy Anderson, Cheryl Antoncic Suess,  John Edmund Appleby, Jeffrey Burroughs, Katie Cornell, Charles Crowell, Natalie Dierkes,  Rebecca Hecht, Nina Irland, Vic Isley, Amy Kelly, John Michael Kledis, JT LaBruyere, Sherree  Lucas, Tammy Mansell, Colin McBeath, James Meder, Alexandria Monque Ravenel, David  Mullen, Megan O’Dell, Samuel Lee Quick Jr., William Luke Quillen, Mike Rangel, Krista Stearns,  Carol Tannerbaum, Mark Waltrip, Dee Williams and Jade Young.     After consideration of all candidates by Council members,","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"no material signals","sq":22},{"d":"2025-10-28","mt":"regular","id":"VI-25-247","ref":"RES 25-247","it":"appointment","t":"Resolution appointing members to the Housing Helene Recovery Board","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Housing Helene Recovery Board..    ​ On August 26, 2025, City Council adopted Resolution No. 25-194 establishing four  Helene Recovery Boards and the temporary operational structure of current City advisory boards  and commissions. At that time four new Recovery Boards were established as follows:  Economy; Housing; Infrastructure; and People and Environment. Each board shall have a  regular meeting schedule which shall continue until June 30, 2027, unless terminated or  amended earlier by the City Council. Each new recovery board shall confine its work to specific  assignments, requests, or direction to be provided by the City Council, City Council Committee, or  City Department Directors. Each task shall further provide a timeline upon which the board shall  confine its work. Upon providing its final report, the work of the board shall conclude until such  time as it receives a new request or direction.    ​ The membership of each board shall be constituted as follows: (1) each board shall have  no more than 11 members; (2) up to 7 members shall be appointed from existing chairs,  vice-chairs, or their designees of current boards and commissions; (3) 4-5 remaining members  shall be appointed by the City Council at-large; and (4) all appointments shall serve at the  pleasure of the City Council, and may be removed at any time with or without cause.     The following individuals applied for a vacancy: Alvarez Abernathy, Matt Allen, Stacy  Anderson, David Bartholomew, Kaitlin Briggs, Rebecca Chaplin, Alicia DeMarte, Jay Fox, Joel  Henderson, Yvette Jives, Brian Methvin, Julie O’Dwyer, Lukas Ray, Joshua Rudow, David  Russell, Robert Skouby, Kathlyn Wangrin, Mark Whyman and Hanah Zinn.     After consideration of all candidates by Council members,","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"no material signals","sq":23},{"d":"2025-10-28","mt":"regular","id":"VI-25-248","ref":"RES 25-248","it":"appointment","t":"Resolution appointing members to the Infrastructure Helene Recovery Board","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Infrastructure Helene Recovery Board..    ​ On August 26, 2025, City Council adopted Resolution No. 25-194 establishing four  Helene Recovery Boards and the temporary operational structure of current City advisory boards  and commissions. At that time four new Recovery Boards were established as follows:  Economy; Housing; Infrastructure; and People and Environment. Each board shall have a  regular meeting schedule which shall continue until June 30, 2027, unless terminated or   ​ ​      amended earlier by the City Council. Each new recovery board shall confine its work to specific  assignments, requests, or direction to be provided by the City Council, City Council Committee, or  City Department Directors. Each task shall further provide a timeline upon which the board shall  confine its work. Upon providing its final report, the work of the board shall conclude until such  time as it receives a new request or direction.    ​ The membership of each board shall be constituted as follows: (1) each board shall have  no more than 11 members; (2) up to 7 members shall be appointed from existing chairs,  vice-chairs, or their designees of current boards and commissions; (3) 4-5 remaining members  shall be appointed by the City Council at-large; and (4) all appointments shall serve at the  pleasure of the City Council, and may be removed at any time with or without cause.     The following individuals applied for a vacancy: Alvarez Abernathy, Shannon Leigh Aiken,  Stacy Anderson, Nicolette Baglio, Joe Balcken, Marty Benson, Lindsay Broghel, Joseph John  Chesler, Jonathan Christian Corbin, Kenneth Dierks, Christina Beck Dupuch, Brian Dyer,  Shuvonda Renete Harper, Michael Holcombe, Paul Howell, Cade Justad-Sandberg, Michael  Kracov, Micah McLain, Kim “Dirt” Murphy, David Nutter, David Rodgers, Michael Rottjakob, David  Russell, Jason Seickel, Patti Torno, Dennis Wencel and Victoria Whitley.     After consideration of all candidates by Council members,","c":"Boards & Appointments","mo":"individual","mv":"Hess","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"no material signals","sq":24},{"d":"2025-10-28","mt":"regular","id":"VI-25-249","ref":"RES 25-249","it":"appointment","t":"Resolution appointing members to the People and Environment Helene Recovery Board","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the People and Environment Helene Recovery  Board..    ​ On August 26, 2025, City Council adopted Resolution No. 25-194 establishing four  Helene Recovery Boards and the temporary operational structure of current City advisory boards  and commissions. At that time four new Recovery Boards were established as follows:  Economy; Housing; Infrastructure; and People and Environment. Each board shall have a  regular meeting schedule which shall continue until June 30, 2027, unless terminated or  amended earlier by the City Council. Each new recovery board shall confine its work to specific  assignments, requests, or direction to be provided by the City Council, City Council Committee, or  City Department Directors. Each task shall further provide a timeline upon which the board shall  confine its work. Upon providing its final report, the work of the board shall conclude until such  time as it receives a new request or direction.    ​ The membership of each board shall be constituted as follows: (1) each board shall have  no more than 11 members; (2) up to 7 members shall be appointed from existing chairs,  vice-chairs, or their designees of current boards and commissions; (3) 4-5 remaining members   ​ ​      shall be appointed by the City Council at-large; and (4) all appointments shall serve at the  pleasure of the City Council, and may be removed at any time with or without cause.    ​ The following individuals applied for a vacancy: Anna Alsobrook, Stacy Anderson, Louise  Branscomb, Molly Bruce, Mrs. Darrell Diane Burrus, Cameron Collins, Michael Conner, Alicia  DeMarte, Leah Ferguson, Chris Fleming, Benjamin Forshee, Michelle Goyeau. David Jeremy  Greenson, Libby Mae Kylers, Daniel B. Leroy, Tammy Mansel, Allison Redmond, Marissa Rice,  Nnweyna Smith, Emily Eyck, Rene Danielle Treece, Ethan Van Der Bleek, Janie Vick, Jessica  Reene West and Terry Lamar Wilson.     After consideration of all candidates by Council members,","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"no material signals","sq":25},{"d":"2025-10-28","mt":"regular","id":"VI-25-250","ref":"RES 25-250","it":"appointment","t":"Resolution appointing a member (Osondu McPeters) to the African American Heritage Commission","desc":"Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the African American Heritage Commission. Diamond Sloan Couch has resigned as a member of the African American Heritage Commission, thus an unexpired term until July 1, 2025. In accordance with Resolution No.25-194 adopted by City Council on August 26, 2025, “notwithstanding any pre-existing established terms of membership, all members of the advisory boards listed below [African American Heritage Commission was listed] whose terms expired while their respective board or commission has been suspended, or whose term will expire before June 30, 2027, will receive an extension of their term until June 30, 2027.” The following individuals applied for the vacancy: Christopher Gordon and Osondu McPeters. The Vice-Chair recommends Osondu McPeters or Christopher Gordon for appointment. After each Council member expressed their vote, Osondu McPeters was appointed to fill the vacancy left by Diamond Sloan Couch, with a term lasting until July 1, 2028, or until a successor has been appointed or unless modified by Council action. Notwithstanding the foregoing, all members shall serve at the pleasure of Council, and may be removed at any time with or without cause.","c":"Boards & Appointments","mo":"individual","mv":"","sec":"","r":"passed","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"contested vote","sq":26},{"d":"2025-10-28","mt":"regular","id":"VI-25-251","ref":"RES 25-251","it":"appointment","t":"Resolution appointing a member (Chappell Carter reappointment) to the Alcoholic Beverage Control Board","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing a member to the Alcoholic Beverage Control Board.     The term of Chappell Carter as a member of the Alcoholic Beverage Control Board, will  expire on November 13, 2025.     The following individuals applied for the vacancy: David Angelus, Kevin Blanton, Kenneth   Bussey, Michael Pesant and Vivianne Wersel.     The Chair and staff liaison of the Alcoholic Beverage Control Board recommended  reappointing Chappell Carter.","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"appointment/reappointment","sq":27},{"d":"2025-10-28","mt":"regular","id":"VI-25-252","ref":"RES 25-252","it":"appointment","t":"Resolution appointing a member (Daniel McClendon) to the Asheville-Buncombe Riverfront Commission","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Asheville-Buncombe Riverfront Commission.     ​ ​      There currently exists a vacancy for an art advocate/artist/arts administrator until  December 31, 2026; and a vacancy left by Joseph Hackett (Housing Authority resident/staff or  voucher recipient), whose term will expire December 31, 2025. In accordance with Resolution  No.25-194 adopted by City Council on August 26, 2025, “notwithstanding any pre-existing  established terms of membership, all members of the advisory boards listed below  [Asheville-Buncombe Riverfront Commission was listed] whose terms expired while their  respective board or commission has been suspended, or whose term will expire before June 30,  2027, will receive an extension of their term until June 30, 2027.”     The following individuals applied for the vacancy: Brooke Bresnan, Suzanne  Farran-Hrytzik, Jason Hambley, Dylan Jestice, Daniel McClendon, Tanya Pineda and Sharon  Trammel.     The staff liaison and Chair recommended appointing Daniel McClendon to the art   advocate/artist/arts admin seat. No applications were received for the Housing Authority  resident/staff or voucher recipient seat, so the Clerk’s Office will re-advertise.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":28},{"d":"2025-10-28","mt":"regular","id":"VI-25-253","ref":"RES 25-253","it":"appointment","t":"Resolution appointing a member (James Wornall) to the Board of Adjustment","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Board of Adjustment.     Christopher Fundanish resigned as a regular member to the Board of Adjustment, thus  leaving an unexpired term until January 1, 2026. In addition, Elliot Smith as a regular member of  the Board of Adjustment is not eligible to continue serving since Board of Adjustment member  appointments from the City of Asheville must be City residents, thus leaving an unexpired term  until January 21, 2026.     The following individuals applied for the vacancies: Joseph Fitzgerald, Michael Pesant   and James Wornall.     The Chair and staff recommend appointing James Wornall from an alternate member  seat to a regular seat to fill the vacancy left by Christopher Fundanish. They also recommend  re-advertising for the other regular seat.","c":"Boards & Appointments","mo":"individual","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"no material signals","sq":29},{"d":"2025-10-28","mt":"regular","id":"VI-25-254","ref":"RES 25-254","it":"appointment","t":"Resolution appointing members to the Design Review Committee","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Design Review Committee..    ​ The terms of Robin Raines (Downtown Commission seat), Kathryn Blatt-Anacaya  (Riverfront Commission seat), and Steven Johnson (at-large seat) expired on December 31,  2024. In addition, Jeremy Goldstein’s (Riverfront Commission seat) term expired on December  31, 2024. Thomas McLaughlin’s (at-large seat) term will expire on December 31, 2025. In  accordance with Resolution No.25-194 adopted by City Council on August 26, 2025,  “notwithstanding any pre-existing established terms of membership, all members of the advisory  boards listed below [Design Review Committee was listed] whose terms expired while their  respective board or commission has been suspended, or whose term will expire before June 30,  2027, will receive an extension of their term until June 30, 2027.”    ​ The following individuals applied for the vacancies: Gabriel Delerme, Jeremy Goldstein  (for at-large seat), Rachael Jerrigan, Micah McLain and Julie O’Dwyer.    ​ The Downtown Commission recommended appointing Stu Helm to the Downtown seat. ​ The Design Review Committee chair and liaison recommended appointing Jeremy Goldstein and  Gabriel Delermer to fill the two at-large seats. The A-B Riverfront Commission Chair and  Vice-Chair recommended appointing Joe Balcken and Eddie Dewey to fill the  Riverfront-designated seats.","c":"Zoning & Land Use","mo":"individual","mv":"Turner","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":30},{"d":"2025-10-28","mt":"regular","id":"VI-25-255","ref":"RES 25-255","it":"appointment","t":"Resolution appointing a member (Eli Cunningham) to the Downtown Commission","desc":"​ ​      DOWNTOWN COMMISSION    ​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing a member to the Downtown Commission..    ​ The term of Jefferson Ellison expired on December 31, 2024. In accordance with","c":"Economic Development","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"policy category","sq":31},{"d":"2025-10-28","mt":"regular","id":"VI-25-256","ref":"RES 25-256","it":"appointment","t":"Resolution appointing Bobbette Mays (Falconer vacancy) and David Logan (Sacco vacancy) to the Human Relations Commission","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Human Relations Commission.     Carl Falconer was appointed to the Human Relations Commission on May 14, 2024;  however, he had moved out of the area, thus leaving an unexpired term until June 1, 2025. In  addition, Susan Sacco has resigned, thus leaving an expired term until June 1, 2025. The term  John Miall expired on June 1, 2025. Also, John Miall’s term expired on June 1, 2025. In  accordance with Resolution No.25-194 adopted by City Council on August 26, 2025,  “notwithstanding any pre-existing established terms of membership, all members of the advisory  boards listed below [Human Relations Commission was listed] whose terms expired while their  respective board or commission has been suspended, or whose term will expire before June 30,  2027, will receive an extension of their term until June 30, 2027.”     The following individuals applied for the vacancies: Michael Bigley, Landley Ellmann,   David Evans, Willa Grant, James Hrytzik, Kimberly Jones, David Logan, Bobbette Mays and  Theresa Ukaigwe.     The Chair of the Human Relations Commission recommended the appointment of   Bobette Mays, David Logan and David Geoffrey Evans.","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"no material signals","sq":32},{"d":"2025-10-28","mt":"regular","id":"VI-25-256-ballot","ref":"RES 25-256","it":"appointment","t":"Ballot appointment of Michael Bigley to fill John Miall vacancy on the Human Relations Commission","desc":"​ Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this  is the consideration of appointing members to the Human Relations Commission.     Carl Falconer was appointed to the Human Relations Commission on May 14, 2024;  however, he had moved out of the area, thus leaving an unexpired term until June 1, 2025. In  addition, Susan Sacco has resigned, thus leaving an expired term until June 1, 2025. The term  John Miall expired on June 1, 2025. Also, John Miall’s term expired on June 1, 2025. In  accordance with Resolution No.25-194 adopted by City Council on August 26, 2025,  “notwithstanding any pre-existing established terms of membership, all members of the advisory  boards listed below [Human Relations Commission was listed] whose terms expired while their  respective board or commission has been suspended, or whose term will expire before June 30,  2027, will receive an extension of their term until June 30, 2027.”     The following individuals applied for the vacancies: Michael Bigley, Landley Ellmann,   David Evans, Willa Grant, James Hrytzik, Kimberly Jones, David Logan, Bobbette Mays and  Theresa Ukaigwe.     The Chair of the Human Relations Commission recommended the appointment of   Bobette Mays, David Logan and David Geoffrey Evans.","c":"Boards & Appointments","mo":"individual","mv":"","sec":"","r":"passed","ta":"7-0","cf":"needs_review","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":1,"mr":"contested vote","sq":33},{"d":"2025-10-28","mt":"worksession","id":"ws-closed-in","ref":"","it":"motion","t":"Motion to go into closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Smith","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-10-28","mt":"worksession","id":"ws-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Roney","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1qYSrk4hEitOmXoD9EU6DEsMe6PJDo0kh/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-11-07","mt":"special","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session (personnel; privileged/confidential)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Mosley","r":"passed","ta":"5-0","cf":"high","u":"https://drive.google.com/file/d/1nHIOVYtIssodldWqO93IHJ7VCXDOlVeK/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-11-07","mt":"special","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Hess","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1nHIOVYtIssodldWqO93IHJ7VCXDOlVeK/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-11-13","mt":"special","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session (personnel; employment contract negotiation)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1VzXcfpFwv-LLoaPKS5MBQI93gjJD6Gql/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-11-13","mt":"special","id":"closed-in-2pm","ref":"","it":"motion","t":"Motion to go into closed session (personnel; employment contract negotiation)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1VzXcfpFwv-LLoaPKS5MBQI93gjJD6Gql/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":2},{"d":"2025-11-13","mt":"special","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1VzXcfpFwv-LLoaPKS5MBQI93gjJD6Gql/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-11-13","mt":"special","id":"closed-out-2pm","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1VzXcfpFwv-LLoaPKS5MBQI93gjJD6Gql/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":3},{"d":"2025-11-14","mt":"special","id":"closed-in","ref":"","it":"motion","t":"Motion to go into closed session (personnel; employment contract negotiation)","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/116KbylV8UEO2WCyyblCrlN7XLJGljV0w/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-11-14","mt":"special","id":"closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"needs_review","u":"https://drive.google.com/file/d/116KbylV8UEO2WCyyblCrlN7XLJGljV0w/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-11-16","mt":"special","id":"1","ref":"","it":"procedural","t":"Go into closed session (personnel; 143-318.11(a)(5)&(6))","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Roney","r":"passed","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1c_pQI2en3YSTzhrpf-wFnBNvUoWjo3uq/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-11-16","mt":"special","id":"2","ref":"","it":"procedural","t":"Come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Smith","sec":"Hess","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1c_pQI2en3YSTzhrpf-wFnBNvUoWjo3uq/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-11-18","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes (consent item A)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-11-18","mt":"regular","id":"B","ref":"RES 25-262","it":"resolution","t":"Resolution authorizing the City Manager (consent item B)","desc":"Background: - As part of the I26 improvement project the North Carolina Department of Transportation (NCDOT) is seeking to condemn a 0.387 acre property situated at 99999 Wilmington Street in Asheville, NC, with the Parcel Identification Number (PINNUM) 963856154, and otherwise known as Parcel 67 on NCDOT’s TIP #I-2513B. - The disposition of this property is a necessary step in the NCDOT's right-of-way acquisition process, which aims to secure all required land parcels for the expansion and improvement of the Interstate system. - The City of Asheville has been working with NCDOT to ensure that all necessary municipal approvals and processes are completed efficiently to support timely project execution. - A real estate appraisal generated by NCDOT as part of this potential condemnation estimates the property’s fair market value to be $135,000. Staff agrees with this estimate.  Committee(s): - None Pro(s): - Facilitates a state transportation improvement project to expand local infrastructure. - Eliminates City responsibility for vacant land that has no current or future municipal transportation purpose. - Supports the City’s broader goals of implementing master plans. Con(s): - The City maintains an existing 10-inch water line that crosses this property. Disposition of this parcel will require increased coordination with NCDOT to relocate the water line prior to installing planned improvements on this parcel. Fiscal Impact: - The offer of $135,000 from NCDOT will be recorded as revenue in the General Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-11-18","mt":"regular","id":"C","ref":"RES 25-263","it":"resolution","t":"Resolution to ratify the execution of a lease (consent item C)","desc":"Background: - On September 27, 2024, the City's Parks and Recreation Maintenance Facility at 81 Thompson St. was destroyed by Tropical Storm Helene. - The Parks Maintenance Facilities staff have operated under a scattered site model while searching for a replacement facility. - The search for a suitable maintenance facility that met requirements proved challenging. - The Parks Management and the Maintenance team, along with Capital Management, Development Services, IT, Legal, and Real Estate,determined that a facility located at 599 Tunnel Road met the maintenance and office requirements. - City staff worked with the property owner to negotiate a lease so that Parks maintenance could take possession at the beginning of October. - Lease Terms: - 13,361SF of combined office and maintenance space; - Base rent $240k/yr (0% annual escalation); plus additional rent of annual property taxes and insurance; - Initial term of three years beginning October 2, 2025, with an option to renew for two (2) additional one-year periods. - To ensure this property was not leased to another party, the City Manager signed this lease on October 2, 2025. - North Carolina General Statute 160A-240.1 provides that the City may acquire by lease or any other lawful method, the fee or lesser interest in real property for use by the City of any department or agency of the City. - Approval of the City Council is not required by the statute, but the City’s Contracting Policy requires City Council approval of such lease acquisitions if the total lease amount exceeds $90,000.  Committee(s): - None Pro(s): - The Parks maintenance team can operate more efficiently in a dedicated, centralized location. Con(s): - The short lease will require relocation within three to five years. Fiscal Impact: - Funding for this contract is available in the FY26 Parks and Recreation operating budget. - Initial term of three years beginning October 2, 2025 at a base rate of $240k per year plus additional rent in property taxes and insurance with an option to renew at the same rate for two additional one-year periods.","c":"Parks & Recreation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-11-18","mt":"regular","id":"D","ref":"","it":"other","t":"Consent item D - removed from the Consent Agenda and referred to the Public Safety Committee","desc":". Councilwoman Roney said the East/West Asheville Neighborhood Association did present some questions and also the Heart of West Asheville Coalition Business Owners and neighbors on the corridor as well have more curiosity about what public safety looks like and would like to be more engaged in the decision on the police station on Haywood Road. Mayor Manheimer also received a request to remove Consent Agenda “R” from the Consent Agenda for discussion and/or an individual vote.","c":"Public Safety","mo":"other","mv":"","sec":"","r":"","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":1,"mr":"policy category","sq":18},{"d":"2025-11-18","mt":"regular","id":"E","ref":"RES 25-264","it":"resolution","t":"Resolution authorizing the City Manager (consent item E)","desc":"Background: - Cavanaugh and Associates, P.A. was selected through a Request for Qualifications and they are currently under contract with the City for On-Call Professional services, executed in 2020. - The City of Asheville entered into a three (3) year contract with Cavanaugh and Associates, P.A. for project management services for the Water Resources Department Advanced Metering Infrastructure (AMI) project on August 31, 2022. - This project is to replace the aging, failing meters currently in use by the City customers. - Additional services are required beyond the original contract scope to accommodate a project schedule extension and other related services due to delays resulting from Tropical Storm Helene. - The AMI project was delayed several months due to the impacts of Tropical Storm Helene. The cumulative impact of delays associated with Helene increased the length of project delivery by approximately one year, and required additional support work with the City of Asheville, Aclara and PVI. - This contract amendment is not related to a minor warranty issue that requires replacement by the contractor. Vendor Outreach Efforts: - Cavanaugh and Associates, P.A. is already under contract. - As this is a contract amendment, no further outreach was performed.  Committee(s): - N/A Pro(s): - Replacement of failing infrastructure - Reduces the need to deploy vehicles to read meters, perform re-reads, etc. - Allows customers to interface and manage water usage, detect leaks, etc. - Provides a smooth transition to monthly billing Con(s): - None Fiscal Impact: - $679,650.00 to be funded within the existing Water Capital Projects Fund budget.","c":"Housing","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-11-18","mt":"regular","id":"F","ref":"RES 25-265","it":"resolution","t":"Resolution authorizing the sole source purchase (consent item F)","desc":"Background: - A request for proposals (RFP-WATERAMI-21-298) was issued on July 7, 2021. - Aclara was selected as the preferred responsive provider for the Advanced Metering Infrastructure (AMI) Project. - The AMI project included retro-fitting existing large meters, rather than replacement of those large meters. - New large meters will need to be installed by the City in the future, either for replacing existing large meters as they fail, or to accommodate new customers and system growth. - It is necessary to standardize the large customer meter manufacturer and type, to ensure compatibility with the AMI system and operational efficiency. - A sole source for large customer meters provides standardization of equipment that accommodates the installation needs for system upkeep and system growth. - Pricing will be calculated at the time of purchase based on the Producer Price Index. - Sole source arrangement will be applicable for the life of the AMI system. Vendor Outreach Efforts: - Staff performed outreach through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to perform outreach to subcontractors in accordance with applicable purchasing policies. The solicitation was conducted as an IT-Exception Request for Proposals (RFP). - RFP Responses were received from six (6) respondents, and scored by an evaluation committee following the City’s standard evaluation procedures. - Kamstrup Water Metering, LLC received the highest evaluation score among all RFP respondents, and is the preferred responsive provider..  Committee(s): - N/A Pro(s): - Replacement of failing infrastructure - Standardization of infrastructure materials and equipment - Support full functionality and future expansion of the Advanced Metering Infrastructure system Con(s): - None Fiscal Impact: - The contract is anticipated to cost $69,654.12. Funding is available in the Water Resources Fund.  Motion(s): - Motion to adopt a resolution authorizing the sole source purchase with Kamstrup Metering, LLC as a sole source provider of large customer meters in connection with the Advanced Metering Infrastructure Project.","c":"Housing","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-11-18","mt":"regular","id":"G","ref":"RES 25-266","it":"resolution","t":"Resolution authorizing the City Manager (consent item G)","desc":"Background: - The City of Asheville contracts with RSS to provide individual counseling services to employees and their families. - The current contract expired 10-31-25 and the Department issued an RFP on August 20, 2025, but the process was unsuccessful. No submissions met the unique needs of our public safety employees and their families. - The amendment will extend the contract through 3-31-26 and increase the total contract amount by $43,500 to for a total amount of $224,749. - The requested amendment will allow time for HR to develop an updated RFP while ensuring no disruption in services to employees and families utilizing counseling services. Vendor Outreach Efforts: - Current Contract - N/A  Committee(s): - N/A Pro(s): - Fulfills employee and employee family benefit needs. Con(s): - None Fiscal Impact: - Funding for this contract is available in the Health Fund operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-11-18","mt":"regular","id":"H","ref":"RES 25-167","it":"resolution","t":"Resolution authorizing the City Manager (consent item H)","desc":"Background: - The City Attorney contracted with Teague, Campbell, Dennis & Gorham LLP on April 21, 2025 to cover gaps in case coverage following the resignation of two senior staff attorneys. - The City Attorney’s Office is now fully staffed, but additional funds are needed for Teague, Campbell, Dennis & Gorham LLP to complete the case work they’ve already started. - Funding for the contract is included in the Department’s Legal Services Budget. Vendor Outreach Efforts: - Vendor is self performing, and exempted per City Council Resolution - not applicable  Committee(s): - Not applicable Pro(s): - Provide crucial stop gap legal services to the City during legal staff turnover. Con(s): - None Fiscal Impact: - The Contract Amendment will add $31,000 to the contract, for a total contract cost of $120,000.00. This is included in the City Attorney’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-11-18","mt":"regular","id":"I","ref":"RES 25-268","it":"resolution","t":"Resolution ratifying a contract (consent item I)","desc":"Background: - The City of Asheville entered into a contract with First Due for a records management system for the Asheville Fire Department on August 25, 2023. This contract expired on June 30, 2024. - The contract price for the initial term was $32,917.50. - The Asheville Fire Department has continued to use, and First Due has continued to provide, the services past June 30, 2024 and intends to do so until December 31, 2025. - This continued use requires an amendment to the initial contract, extending the term for 18 months, and adding an additional monetary amount of $80,797.50. - Since the additional monetary amount brings the total contract amount to $113,715.00, in order for the amendment to be ratified by the City Manager, authorization by Council is required. - This Records Management software provides the following services for the Asheville Fire Department: - Inspections: Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, Inspections Scheduler, and Integrated Pre-Incident Planning. - Incident Reporting & Personnel Management: Store, Manage and Access Employee Records including demographic data, certifications and employment information. - Basic Training Records: Assign Training, Record Completions, View Training Logs, and Manage Certifications. - Events & Activities: Create Events, View Global Activity Log, and Access Global Calendar. - Assets & Inventory: Assets, vehicles, equipment and inventory management, assets and equipment checks, and work order management. Vendor Outreach Efforts: - N/A Council Goal(s)): - Clean, Safe, and Healthy Environment - Financially Resilient City Committee(s): - N/A Pro(s): - Provides critical service to Fire for their records management software. Con(s): - None noted Fiscal Impact: - $80,797.50 in City’s General Fund: contracted services included in the FY26 budget.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-11-18","mt":"regular","id":"IV-A","ref":"","it":"public_hearing","t":"Motion to deny the conditional zoning amendment request for 767 New Haw Creek (RES EXP-CZ)","desc":"amendment request for the property located at 767 New Haw Creek, zoned Residential Expansion - Conditional Zone (RES EXP-CZ), and find that the request is reasonable, is in the public interest, is consistent with the city’s comprehensive plan and meets the development needs of the community in that the request: 1) provides development that maximizes real estate development to meet the needs of the residential community; and, 2) makes streets more walkable and connected especially where sidewalks and greenways are located at street crossings and where connectivity eliminates gaps proximate to greenway(s). This motion was seconded by Councilwoman Roney and carried on a 6-1 vote, with Councilwoman Turner voting “no.”.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Roney","r":"passed","ta":"6-1","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":1,"mr":"contested vote","sq":20},{"d":"2025-11-18","mt":"regular","id":"J","ref":"RES 25-269 / ORD 5185","it":"resolution","t":"Resolution authorizing the City Manager (consent item J); budget amendment for Helene guardrail","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-11-18","mt":"regular","id":"K","ref":"RES 25-270","it":"resolution","t":"Resolution authorizing the City Manager (consent item K)","desc":"Background: - The City of Asheville Public Works Streets Division administers the Street Cut Utility Program. This program is an enterprise fund that is supported by the participation and work generated by partner agencies (Current members: Metropolitan Sewerage District, Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division, future potential member: Duke Energy). - As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs. - At times, these activities cut into concrete infrastructure such as curbs and sidewalks. When this occurs, the Utility Cut Program must have a method to address these areas. - The equipment and staffing needed for repair of these areas exceeds that which was available of the City’s internal capacity, rendering it necessary to contract for these services. - City staff are currently in discussions with Duke Energy to join the Utility Cut Program. If  they join, this will create an increased utilization of this contract and funds. - An Informal Advertisement for Bids, Project No. 298-FY26-PW-Bid-UtilityCutConcrete1, was issued on September 23, 2025, and bids were opened on October 19, 2025. The following bid was received: - Appalachian Paving and Concrete, Inc. of Swannanoa, NC bid $314,675.00. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through solicitation processes, which included posting on the State’s Interactive Purchasing System. - The NC Historically Underutilized Businesses (HUB) and NCDOT DBE databases were checked for potential contractors, along with the City of Asheville’s ABI database. - Ten companies from identified disparity groups (woman 4, Black 2, Hispanic 4) were found in the ten-county area, and staff directly contacted those companies. One of these companies submitted a bid - Appalachian Paving and Concrete - woman owned.  Committee(s): - None Pro(s): - Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s): - None Fiscal Impact: - The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partner agencies participating in the program. - The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery. - Funding for this contract is available in the FY 2025-26 Street Cut Utility Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-11-18","mt":"regular","id":"L","ref":"RES 25-271","it":"resolution","t":"Resolution authorizing the City Manager (consent item L)","desc":"$255,325.00 for a total not to exceed contract of $2,808,566.00 for the construction of the Airport Road Sidewalk project. Background: - The Airport Road Sidewalk is part of the 2016 Transportation Bond funded sidewalk improvements. This project will construct just over a half-mile of sidewalk along Airport Road (SR 3526) from the south Walmart Driveway to Hendersonville Rd (US 25). The purpose of this project is to expand the pedestrian network within the city, providing an ADA, PROWAG compliant and safe route for pedestrians to access amenities. - Sidewalk construction also includes the installation of curb ramps, pedestrian safety railing, bus boarding areas, crosswalk striping, and pedestrian crossing improvements. - The anticipated Construction timeline is QTR1 2026 – QTR1 2027. - In June 2022, the City of Asheville entered into a design contract with SEPI Engineering & Construction, Inc. for the engineering and design of sidewalk along Airport Road. Final Design was completed in April 2023. - Bidding required many rounds in order to receive acceptable bids: - In May, 2023, the project was bid. No bids were received. - In June, 2023 the project was rebid. No bids were received. - In August, 2025, an updated project manual was bid and no bids were received. - In October 2025, the project was rebid, and two bids were received. The bidders and bid totals listed below: NHM Constructors, LLC (Asheville, NC) ………………….$2,553,241.00 Appalachian Sitework, Inc. (Waynesville, NC)…………… $3,146,008.52 - NHM Constructors, LLC was deemed the lowest responsive, responsible bidder and therefore they are recommended for Award. . Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes that included emailing MWBE vendors after bid issue, posting on the State’s Interactive Purchasing System, and conducting a Pre-Bid meeting with the Asheville Business Inclusion Office (ABI), wherein ABI policy was clearly explained to attendees. - The established goal for this project is 8.83% participation. The recommended Bidder will be utilizing minority-owned businesses with this participation representing 9.47% ($241,878) of the Total Bid.  Committee(s): - None Pro(s): - Expanding the pedestrian transportation network which provides a safe and comfortable route that is ADA and PROWAG-compliant. Con(s): - Impacts to local traffic due to construction (to be addressed through required traffic control and pedestrian safety measures). Fiscal Impact: - Funding for this contract is available in the General Capital Projects fund.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-11-18","mt":"regular","id":"M","ref":"RES 25-272 / ORD 5186","it":"resolution","t":"Resolution authorizing the City Manager (consent item M); budget amendment for security presence","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-11-18","mt":"regular","id":"N","ref":"RES 25-273","it":"resolution","t":"Resolution authorizing the City Manager (consent item N)","desc":"Background: - The City of Asheville has owned the property located at 30 Buchanan Place, known as Lewis McCormick Field, since 1984 and leases the property for operation as a minor league baseball stadium. - On March 14, 2023, the City Council authorized the City Manager to sign a funding letter of commitment to MLB regarding the City’s intent to bring McCormick Field into compliance with new facility standards. - Buncombe County Government approved funding towards the project on March 21, 2023. - In July 2023, staff advertised a request for qualifications for Construction Manager at Risk (CMAR) services in accordance with N.C.G.S. 143-128.1. A construction contract was awarded in July 2024. - In September 2024 the first phase of a three phase construction project began in the off season of Tourists baseball. The second construction phase began during the 2025 baseball season. The project is currently in its final phase, with completion planned by April 2026 in time for the Tourist baseball’s 2026 season. - An increase in the construction contract is necessary to accommodate the addition of sports light poles, concrete repairs and parking lot improvements that were not anticipated in the original construction scope. - The increase in construction contract is being funded by $175,000 in lease payments and the remaining balance by previously budgeted McCormick project contingency. Vendor Outreach Efforts: - Staff performed outreach on the CMAR selection to minority and women owned businesses, through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - The selected Blum-WC Construction team is structured as an association with WC Construction, a certified HUB firm. - MWBE Subcontractor participation as of September 2025 is tracking at 12.2% MWBE participation.  Committee(s): - None Pro(s): - Provides for construction improvements on an asset with a demonstrated need for improvements. - The construction improvements will allow for greater facility use for programming other than baseball including facility usage through all twelve months of a calendar year. - Utilizes grant and lease funding to maximize non-City funding on a City owned asset. Con(s): - When under construction, this project will have an impact on the activities that occur in this facility, in particular baseball. - Construction activities may impact adjacent neighborhoods, similar to the current Memorial Stadium construction work. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the General Capital Projects Fund. As previously shared with Council, the funding model for the project includes debt service contributions from the Asheville Tourists, Buncombe County, and BCTDA. Additional contributions have been committed to the project by the Asheville Tourists throughout the construction phase of the project.","c":"Transportation","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-11-18","mt":"regular","id":"O","ref":"RES 25-274","it":"resolution","t":"Resolution authorizing the City Manager (consent item O)","desc":"Background: - The Tropical Storm Helene Hazard Mitigation Program (HMGP) is funded by the Federal Emergency Management Agency (FEMA). The program uses a state-centric model. Program priorities are managed at the state level, and funds are distributed to the state as the primary applicant. Subapplicants (local governments, state agencies, etc.) apply  to the state for project approval, and grant reimbursement. - On July 29, 2025 City Council authorized nine infrastructure project applications based on the letter of interest (LOI) submitted to the North Carolina Division of Emergency Management (NCEM). - This resolution would authorize the submission of one new application and one amended application as follows: - The City of Asheville is requesting $702,450.00 in funding to develop a strategic framework for the long-term stewardship of properties acquired by the City of Asheville as through the Hazard Mitigation Grant Program (HMGP) to reduce future risk from natural hazard to flooding, stormwater impacts, slope instability, and other natural hazards. - Amend the North Fork Alternate Route Utility Protection application to include pretreatment to increase the city’s capacity to handle storm-induced sediment and turbidity. The total funding request for this application is amended to $233,830,105.00. - City staff will submit all grant subapplications for projects based on the readiness of each submittal. - Projects funded by this program are required to meet strict eligibility criteria, and most of the projects must demonstrate cost effectiveness as measured by the FEMA benefit cost analysis. - The period to complete the project is 48 months, starting at the receipt of a letter of award. - Future formal action for City Council, related to awarded projects, will come in the form of a Budget Amendment to receive the funding, and adjust the CIP. Council Goal(s) and Priorities: - Clean, Safe and Healthy Environment - Financially Resilient - Thriving Local Economy - Well-planned and Livable Community Committee(s): - Policy, Finance & Infrastructure Worksession Pro(s): - Allows the City to participate in the Hazard Mitigation Grant Program, and pursue projects that mitigate potential hazards caused by natural disasters, or improve resiliency measures. - Matching funds are expected to be paid by the State. - The scale of funding available provides an opportunity to make significant inroads towards mitigation and resiliency efforts, which may overlap with the City’s broader goals. Con(s): - Mitigation projects that lead to construction are anticipated to have a lengthy FEMA review process, between one to three years. - Program performance schedules are aggressive and will require significant staffing, and resources to meet deadlines. Fiscal Impact: - No fiscal impact at this time. A budget amendment will be presented to the City Council  for each individual project grant award. - All projects will be reimbursement based. - FEMA requires a 25% match for HMGP community infrastructure mitigation projects. The City expects that matching funds are to be paid by the state of North Carolina.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-11-18","mt":"regular","id":"P","ref":"RES 25-275","it":"resolution","t":"Resolution authorizing the City Manager (consent item P)","desc":"Background: - North Carolina Emergency Management (NCEM) is administering the Disaster Relief and Mitigation Fund (DRMF), authorized through multiple legislative acts including the Disaster Recovery Act of 2025 to directly address impacts experienced during Hurricane Helene and other natural disasters. - The program is designed to reduce future flooding and transportation disruptions by investing in both structural (e.g., drainage upgrades, culvert replacements) and non-structural (e.g., relocation, elevation) mitigation strategies. - Approximately $20 million in State funds are available statewide, with a minimum of $15 million dedicated to the Helene-impacted region — emphasizing support for the most vulnerable communities. - Projects can be funded at 100% with no local match, up to $2 million per project and $4 million per county, and may span up to 36 months from award to completion. - Funding is distributed on a reimbursement basis, requiring standard documentation, inspections, and compliance measures. - Applications are evaluated by NCEM’s Long-Term Recovery Group based on impact, mitigation value, cost clarity, readiness, and community benefits. - Application deadline: November 28, 2025, with awards anticipated in January 2026 and grant agreements finalized February 2026. - If awarded, Council will approve all applicable procurements. - Should community engagement be needed prior to the implementation of any resulting projects, the relevant Recovery Boards will be engaged prior to Council consideration. - The State intends to notify applications in January 2026. - All grant funded projects must be completed within 36 months or by February 2029.  Committee(s): - Policy, Finance & Infrastructure Worksession Pro(s): - Provides 100% State funding for mitigation projects, easing local budget burdens. - Prioritizes Hurricane Helene–impacted communities ($15M minimum allocation). - Supports both construction and engineering/design for shovel-ready projects. - Enhances public safety, infrastructure resilience, and community preparedness. - Aligns with long-term mitigation and capital planning goals. Con(s): - Reimbursement structure may require upfront cash flow capacity. - Limited eligible categories, primarily flood and transportation resilience. - A competitive scoring process may reduce funding certainty. - Administrative compliance required (quarterly reporting, inspections, documentation). - Grant administration costs are not eligible for reimbursement. Fiscal Impact: - No fiscal impact at this time. A budget amendment will be presented to City Council for each individual project grant award. - All projects will be reimbursement-based and require no cost share.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-11-18","mt":"regular","id":"Q","ref":"RES 25-276","it":"resolution","t":"Resolution authorizing the City Manager (consent item Q)","desc":"Background: - The Office of State Budget and Management is administering the Helene Local Government Capital Grant Program, authorized through multiple legislative acts including the Disaster Recovery Act of 2025 to directly address impacts experienced during Hurricane Helene and other natural disasters. - The program funds capital projects to repair, renovate, or replace damaged infrastructure that is ineligible or denied for FEMA Public Assistance. - Grant prioritization favors communities with populations under 300,000 and projects ineligible under FEMA PA, verified in coordination with NC Emergency Management. - Nearly $50 million in funding is available, with OSBM awarding grants according to statutory caps of 20% per county and 5% per eligible recipient or qualifying zip code. - Grant funds must be spent by June 30, 2030, are disbursed as a lump sum up front, and recipients must report project expenses to OSBM. - Applicants should submit each project individually, can indicate priority projects via a written explanation, and are encouraged to apply for smaller projects as well. - If awarded, Council will approve all applicable procurements. Should community engagement be needed prior to the implementation of any resulting projects, the relevant Recovery Boards will be engaged prior to Council consideration.  Committee(s): - Policy, Finance & Infrastructure Worksession Pro(s): - Provides 100% State funding for mitigation projects, easing local budget burdens. - Enhances public safety, infrastructure resilience, and community preparedness. - Aligns with long-term mitigation and capital planning goals. - Projects ineligible or denied for FEMA Public Assistance can still receive support. - Funds are disbursed upfront once the grant contract is executed, helping with project cash flow. - Multiple projects can be submitted individually, and applicants can highlight priority projects. Con(s): - Applications are due by November 21, with no rolling submissions. - All grant funds must be spent by June 30, 2030, which may limit long-term or phased projects. - Statutory caps may limit funding: Maximums per county, recipient, and zip code could restrict funding for larger projects. - Evaluation is competitive: Grants are awarded based on statutory priorities and eligibility verification, so not all applications may be funded. Fiscal Impact: - No action at this time. A budget amendment will be presented to City Council for each  individual project grant award. - Funding will be disbursed in a lump sum once the grant contract is approved. The grantee will need to report expenses for the grant project to OSBM, but the funds are disbursed up front.","c":"Public Safety","mo":"consent_batch","mv":"Smith","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-11-18","mt":"regular","id":"R","ref":"RES 25-277","it":"resolution","t":"Resolution removing Jared Wheatley from the Asheville Planning & Zoning Commission","desc":"Three individuals spoke against removing Jared Wheatley from the Asheville Planning & Zoning Commission.","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Ullman","r":"passed","ta":"5-2","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":1,"mr":"contested vote","sq":19},{"d":"2025-11-18","mt":"regular","id":"VI-A","ref":"RES 25-278","it":"resolution","t":"Resolution adopting the Long-Term Recovery Plan, Section 7.2 of the Buncombe County Helene Recovery Plan","desc":"Assistant Planning & Urban Planning Director Chris Collins said that this is the consideration of adoption of a resolution to officially adopt the Long-Term Recovery Plan, Section 7.2 of the unified Buncombe County Helene Recovery Plan, which details the City’s recovery projects.  Background: - The City has partnered with Buncombe County, all municipalities within the county, and FEMA to develop a consolidated countywide recovery plan. - The purpose of the Helene Recovery Plan is to help the City of Asheville focus its work and prioritize projects. - The plan will serve as a guide for the community in following recovery efforts and understanding project complexity that will evolve as recovery progresses. - City Council will be made aware of any significant changes to the adopted plan. - City of Asheville Projects were selected based on City Council vision, priorities and goals for recovery, community input, previously adopted planning efforts and the city’s organizational work plan priorities. - The draft plan was released by Buncombe County on September 16, 2025 and community feedback was accepted through a unified survey managed by the county until October 3, 2025. - A total of 100 community feedback responses were received on the draft plan with 52 of those provided by City of Asheville respondents. - The majority of City stakeholder comments (34 of 52) focused on ensuring that the River Arts District (RAD) was sufficiently represented in the projects within the plan. - City staff have worked with FEMA and the county to incorporate edits to the plan to ensure that the projects intended to encompass the infrastructure and economic recovery of the district are made clear through edits to the following projects: - French Broad Riverfront Parks - Revitalization of Flooded Commercial Corridors - Assess ULI Recommendations - It is the declared intention of Buncombe County and all municipalities within the County to officially adopt their section of the Recovery Plan. - The City of Asheville City Council is only being asked to adopt the City of Asheville section of the plan.  Committee(s): - Planning, Economic Development, and Environment: June 17, 2025, Update Provided - Council worksession on Policy, Finance & Infrastructure: August 26, 2025, Update Provided Pro(s): - The plan provides a high-level overview of a selection of major recovery projects to assist the public in following recovery efforts and understanding project complexity. - The plan assists the City with the organization, understanding and prioritization of major recovery projects. - The plan includes cross-jurisdictional efforts with the County and other Municipalities to promote cooperative projects that benefit those within and beyond the City limits. Con(s): - None  Fiscal Impact: - No direct fiscal impact. Each project that is funded within the plan is done so outside of this process. Mr. Collins provided the following key takeaways from his presentation: (1) The City has partnered with Buncombe County, all municipalities within the county and FEMA to develop a consolidated countywide recovery plan; (2) The purpose of a Long Term Recovery Plan (LTRP) is to inform the public and help the City of Asheville focus its work and prioritize projects; (3) The LTRP will serve as a guide for the community, that will evolve as recovery progresses; (4) City of Asheville Projects were selected based on City Council vision, priorities and goals for recovery, community input, previously adopted planning efforts and the city’s organizational work plan priorities; and (5) The draft plan was released to the public for comment. Comments have been considered and incorporated into the final plan. He said the long term recovery plan is (1) Created in collaboration with the City of Asheville, the 5 towns & the County; (2) Tailored to each local government’s organizational scope; (3) Reflective of community voice; (4) Grounded in impact & needs data; (5) Aligned to strategic organizational objectives; and (6) A list of projects we can reasonably plan to deliver on. The plan is not (1) an overall community plan; (2) A funding plan; (3) An implementation plan; (4) A guarantee that these projects will come to fruition; (5) Set in stone (as circumstances change, the plan can be updated); and (6) A fully inclusive list of all ongoing recovery projects. He then reviewed the project selection process, along with the draft recovery plan timeline. They have heard (1) Public feedback was requested September 16 - October 3; (2) 52 of 100 total responses submitted by Asheville respondents; (3) Strong desire for River Arts District (RAD) inclusion and investment, with opposition to the concept of relocation (34 of 52 Comments); (4) Concerns regarding project prioritization and scope; (5) Points raised on housing density, environmental impact and regulatory adherence; (6) Infrastructure suggestions focused on water/electrical, runoff management and floodplain health; and (7) Need to focus resources on South Asheville, working families and emergency support for people with disabilities. At the River Arts District, they heard (1) 34 of 52 Asheville responses focused on the RAD; (2) Focus on the River Arts District (RAD): Comments requested dedicated projects due to the RAD's cultural and economic importance; (3) Requests for RAD-focused projects: Common requests for dedicated projects for the RAD, highlighting its significance as a cultural hub and economic contributor; (4) Opposition to relocating the RAD: Strong consensus was shown against the ULI recommendation to relocation of the RAD emphasizing its physical location as essential to its unique character; and (5) Suggestions for RAD investment: Comments focused on thoughtful investment in the RAD's resilience, sustainability, and new commercial uses. Regarding revisions to the plan, (1) Focus: Revisions were focused on the prevailing comments regarding the presence of the RAD in the plan. Revisions were made to projects that impact the RAD heavily to emphasize their role in the recovery of the district; (2) French Broad Riverfront Parks: Content was edited to emphasize the RAD infrastructure investment that is contained within this project; (3) Revitalization of Flooded Commercial Corridors: Added specificity to reflect the intended economic investment in the RAD within this project. Removed reference specifically to ULI recommendations; and (4) Assess ULI Recommendations: Added clarity to this project regarding the assessment of and not dedication to the recommendations made by the ULI panel. Next steps are (1) Each local government governing board will be asked to consider endorsement of the Helene Recovery Plan and adoption of their projects; (2) Buncombe County is also adopting the plan at tonight’s County Commission Meeting; and (3) City of Asheville Staff  and Recovery Team will oversee the coordination and implementation of the City of Asheville Projects. In response to Councilwoman Turner, Mr. Collins said that there are a lot of other public engagements, similar to the Riverfront Revitalization Projects. There will be a lot of more opportunities for engagement as we move forward, noting that we are encompassing a lot of other initiatives that are also underway. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Environment & Sustainability","mo":"individual","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"no material signals","sq":21},{"d":"2025-11-18","mt":"regular","id":"VI-B","ref":"RES 25-279","it":"appointment","t":"Resolution appointing a member (Lindsay Broughel) to the Planning & Zoning Commission","desc":"Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Planning & Zoning Commission. Due to the unexpected passing of Byron Greiner as a member on the Planning & Zoning Commission, there exists a vacancy until August 14, 2026. The following individuals applied for the vacancy: Liz Avery, Mike Thomas Carpenter, Lindsay Broughel, Christopher Horton, Micah Rogers, Michael Speciale, David Russell, Julie O’Dwyer, Robert Sack, Matthew Doran, Will Deter, Jonathan Anzollitto, Randall Barnett, Bandon Bryant, Joseph Chesler, Seth Connelly, Jason Hambley and Michael Pesant. The Chair recommends Jonathan Anzollitto, Randall Barnett and Michael Speciale. The Planning & Zoning Board also recommends Michael Pesant and Seth Armstrong. Staff recommends Lindsay Broughel and Julie O’Dwyer. On October 28, 2025, it was the consensus of City Council to interview Jonathan Anzollitto, Randall Barnett, Michael Speciale, Lindsay Broughel, Seth Armstrong and Julie O’Dwyer. Julia O’Dwyer was unable to attend the interview, but contacted Council members individually. Vice-Mayor Mosley noted that since we have removed a member from the Commission from an earlier action of Council, she asked if Council wanted to appoint for the Byron Greiner vacancy tonight, or both vacancies. It was the consensus of Council to only appoint for the Byron Greiner vacancy and asked the Clerk to re-advertise the other vacancy for 2 weeks. At the December 9, 2025, Council meeting, City Council could either fill the vacancy or ask for interviews. After Council spoke highly of all interviewees, and each Council member voting for one candidate, ultimately Lindsay Broughel was appointed to serve as a member of the Planning & Zoning Commission to serve the unexpired term of Byron Greiner, for a term lasting until August 14, 2026, or until their successor has been appointed or unless modified by Council action.  Notwithstanding the foregoing, all members shall serve at the pleasure of Council, and may be removed at any time with or without cause.","c":"Boards & Appointments","mo":"individual","mv":"","sec":"","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":1,"mr":"contested vote","sq":22},{"d":"2025-11-18","mt":"special","id":"sp-closed-in","ref":"","it":"other","t":"Motion to go into closed session (4:00 p.m. special meeting)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Roney","r":"unanimous","ta":"4-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-11-18","mt":"special","id":"sp-closed-out","ref":"","it":"other","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"4-0","cf":"high","u":"https://drive.google.com/file/d/1bgZfo6SpIl9eP0_90rQWfJ2WJqlSkoEr/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-12-05","mt":"special","id":"1","ref":"","it":"procedural","t":"Go into closed session (privileged/personnel)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16VMSQw7-WloJb2mFjgQAfkXL5nCRCDlQ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2025-12-05","mt":"special","id":"2","ref":"","it":"procedural","t":"Adjourn closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Roney","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16VMSQw7-WloJb2mFjgQAfkXL5nCRCDlQ/view?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2025-12-05","mt":"special","id":"3","ref":"RES 25-280","it":"appointment","t":"Appoint Dakisha (DK) Wesley as City Manager effective 1/12/2026","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Mosley","sec":"Ullman","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16VMSQw7-WloJb2mFjgQAfkXL5nCRCDlQ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":2},{"d":"2025-12-05","mt":"special","id":"4","ref":"RES 25-281","it":"appointment","t":"Appoint Ben Woody as Interim City Manager effective 12/6/2025","desc":"","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Roney","r":"passed","ta":"7-0","cf":"high","u":"https://drive.google.com/file/d/16VMSQw7-WloJb2mFjgQAfkXL5nCRCDlQ/view?usp=drive_link","mat":1,"mr":"contested vote","sq":3},{"d":"2025-12-09","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes (consent item A)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2025-12-09","mt":"regular","id":"B","ref":"RES 25-282","it":"resolution","t":"Resolution authorizing the City Manager (consent item B)","desc":"Background: - Water Resources is required to build an inventory per US EPA & NC Department of Environment Quality (NCDEQ) regulations. - Water Resources was awarded a total of $4M in principal forgiveness loans from NC Department of Water Infrastructure (NCDWI) to perform find and replace projects in the Shiloh Community. - The first phase of the project is to complete a service line inventory, which will require digging holes on either side of the water meter to determine the service line material on both the utility and customer owned sections. - JR Merrimon & Co., LLC was selected to perform the service line inspections required for the project after Water Resources performed the RFP process. Vendor Outreach Efforts: - Vendor outreach was performed following the Federal Terms and Conditions. - A search for utilities contractors was performed on the city’s vendor list, NCDOT DBE list and NC HUB lists. All vendors were emailed from the list. - The RFP was posted on the City website and NC DOA HUB websites.  Committee(s): - N/A Pro(s): - This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system, in order to provide safe and reliable service. - The inventory project will provide a list of sites that qualify for service line replacement on both the utility owned and customer owned sections of the service line in the project area of the Shiloh Community Con(s): - There are no cons with entering into this contract. Fiscal Impact: - Funding will be reimbursed from the principal forgiveness loan from NCDWI.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2025-12-09","mt":"regular","id":"C","ref":"","it":"other","t":"Consent item C - Resolution to ratify the execution of a lease with Tanger (removed from consideration)","desc":"","c":"Administrative","mo":"other","mv":"","sec":"","r":"","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":21},{"d":"2025-12-09","mt":"regular","id":"D","ref":"RES 25-284","it":"resolution","t":"Resolution authorizing the City Manager (consent item D)","desc":"Background: - Emerson Ridge subdivision maintains two wells on its property. - The second well failed due to the impacts of Hurricane Helene. - The City owns utility property adjacent to the Emerson Ridge subdivision. - The Emerson Ridge subdivision home owners have requested a permanent easement (subsurface and above ground) from the City to install a below-ground tank with a submersible pump that will operate as a new back up system to the primary well as well as appurtenant above ground structures such as a fence and above-ground utilities. - The permanent easement area requested is 40 feet in length and 15 feet in width (approximately 650 +/- square feet , not to exceed six (6) feet below the surface at the most southwestern corner of 221 Spivey Mountain Road on city-owned property acquired by Deed Book 2040 at Page 384 in the Buncombe County Registry and identified as PIN 9619-83-2058. - In determining whether to grant an easement for purposes of water connection or not, the Water Department considers several key factors to guide its decision including: - Public v. Private Benefit-in this case the Emberson Ridge Subdivision HOA has demonstrated a compelling need to connect to the City’s water system due to a potential health and safety issue (well failure) and in this way, will be able to maintain redundant access to water. - Feasibility and Impact-i.e. whether the requested infrastructure would conflict with existing or future City utilities. The property subject to the easement is currently utilized for Water operations with no critical City infrastructure requiring additional protection or relocation as part of the agreement. - Liability & Maintenance-in this case the Subdivision HOA will retain full responsibility for installation and maintenance of the small pump station and the City will have no liability. - The Subdivision HOA will go through the standard Water Availability (WAV) process required of all customers requesting COA Water. - The Subdivision HOA will pay the assessed market value of the easement area of $550.  Committee(s): - None  Pro(s): - The subsurface nature of the easement minimizes impact on future surface use of the City-owned property. Con(s): - Requires ongoing coordination with Emerson Ridge Subdivision Homeowners’ Association, Inc. to ensure City property and utility lines are protected during and after construction. Fiscal Impact: - The offer of $550 (fair market value for easement area) from Emerson Ridge Subdivision Homeowners’ Association, Inc. will be recorded as revenue in the General Fund.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2025-12-09","mt":"regular","id":"E","ref":"RES 25-285","it":"resolution","t":"Resolution authorizing the City Manager (consent item E)","desc":"Background: - In September 2024, the City of Asheville (City) was severely impacted by Tropical Storm Helene (DR-4827-NC), producing unprecedented impacts on the City’s infrastructure, economy, and housing. - When a community’s recovery needs exceed what is available through recovery resources from FEMA or other federal agencies, Congress may appropriate additional recovery funding through the United States Department of Housing and Urban Development’s (HUD) Community Development Block Grant-Disaster Recovery (CDBG-DR) Program. - HUD allocated $225,010,000 in funds to the City of Asheville on January 16, 2025. - CDBG-DR grantees must use the Disaster Recovery Grant Reporting (DRGR) System for formal reporting and financial draws to HUD, but must also maintain their own robust, internal system of record to ensure all supporting documentation for every decision, expenditure, and compliance requirement is preserved and \"audit-ready.\" - The City will utilize a system of record to oversee all grant management activities and to navigate the complex layering of multiple funding sources. City departments and the CED CDBG-DR team will be responsible for inputting all project activity data into the  established system of record. Project activity data may include solicitations, evaluation documentation, invoices, proof of payment, and more. - The current contract with Benevate, LLC is used for the grant management cycles of the steady-state CDBG and HOME programs. The contract began in 2023 and is in effect for up to five years or a total $150,000, whichever comes first. The contract is currently using general funds from Community and Economic Development’s contracted services budget. - We anticipate expanding the scope and funding amount of our existing contract with Benevate LLC, dba Neighborly Software, to provide long-term software services in support of and funded by the City’s CDBG-DR grant. This will entail the system configuration to activate required additional modules and data fields for DR, user training, and annual user subscriptions to meet the requirements of the CDBG-DR grant. This system will serve as the City's mandated, internal system of record, managing the entire CDBG-DR application, eligibility, case management, and compliance process across all programs. Vendor Outreach Efforts: - The City sought an Independent Cost Estimate (ICE) on 10/13/2025 to establish a reasonable cost expectation for the system of record needs to administer the CDBG-DR programs. Benevate, INC. d.b.a Neighborly Software, Inc. submitted a proposal with a total cost of $58,000 for the initial year to include program implementation plus user costs, and a subsequent annual fee of $42,000 per year, which was 7% percent less than the ICE, and amounting to a total service cost of no more than $275,000, for the life of the CDBG-DR grant. The cost proposal was deemed allowable, reasonable, and allocable to the CDBG-DR program. - This addition of $275,000 for CDBG-DR related services would result in a total contract amount of $425,000, with $275,000 dedicated to and funded by CDBG-DR grant funds and $150,000 funded by general fund dollars.  Committee(s): - N/A Pro(s): - We currently use Benevate LLC, dba Neighborly Software for steady-state CDBG grant management software and are familiar with the functions. - Using Benevate LLC, dba Neighborly Software adds value by substantially reducing delays in CDBG-DR administration. Con(s): - None. Fiscal Impact: - The proposed contract amendment is not to exceed $275,000. - This amount is expected to be fully offset by reimbursements from the CDBG-DR grant. Motions: - Motion to adopt a resolution authorizing the City Manager to amend a general services contract with Benevate LLC, dba Neighborly Software to provide additional services,  adding modules for CDBG-DR grant management, and increase the contract amount by $275,000, for a new total contract amount not to exceed $425,000.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2025-12-09","mt":"regular","id":"F","ref":"ORD 5187","it":"ordinance","t":"Budget amendment in each of the City's funds (consent item F)","desc":"Background: - As part of its ongoing operations, the City enters into various contracts and purchase order agreements throughout the fiscal year. - Budget funds are encumbered for the full amount of the expected purchase. - These contracts and purchase orders are often not fully completed and paid in one fiscal year. - North Carolina General Statutes provide authorization for local governments to reserve the unexpended portion of these prior year commitments and roll those budgets forward to the new fiscal year. - As a part of the FY25 annual audit, staff identified prior year commitments and carry-over appropriations to roll forward to FY26. - These dollar amounts were deducted from the unassigned fund balance amounts that were reported in the Annual Comprehensive Financial Report (ACFR). - The budget amendment will provide authorization to officially appropriate these amounts in the FY26 budget for each of the City’s annual operating funds. - It is standard practice for staff to bring forward this budget amendment each year at the same City Council meeting in which the external auditors present the annual audit results. - Also as a part of the FY25 annual audit, the City’s external auditors recommended that the City change its accounting treatment of cost allocation charges from the Enterprise Funds to the General Fund to record those charges as an offset to expenses as opposed to revenue in the General Fund. - This change in the accounting treatment of cost allocation charges results in an equal reduction in both revenues and expenses in the FY26 General Fund budget.  Committee(s): - None Pro(s): - Provides budget authorization for prior year contracts, purchase orders, and other carry-over appropriations that rolled forward to FY26. - Aligns the City’s accounting practices with auditor recommendations. Con(s): - None. Fiscal Impact: - There is no impact on unassigned or available fund balance in the City’s operating funds. - The change in accounting for cost allocation charges results in an overall decrease of $5.7M in the City’s FY26 General Fund budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2025-12-09","mt":"regular","id":"G","ref":"","it":"motion","t":"Motion adopting the Fiscal Year 2026-27 Budget Calendar (consent item G)","desc":".","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2025-12-09","mt":"regular","id":"H","ref":"RES 25-286","it":"resolution","t":"Resolution authorizing the City Manager (consent item H)","desc":"Background: - A municipal government is authorized to accept donations of personal or real property pursuant to North Carolina General Statute 160A-11. - Under North Carolina General Statute 160A-12, the City Council may delegate the authority to accept donations to one or more staff members. - The authority to accept donations was delegated to the City Manager pursuant to City Council Resolution 25-134 at the June 24, 2025 Council meeting. - The terms of that same resolution require City Council approval for donations of $90,000 or greater. - Asheville Police Foundation, a registered North Carolina nonprofit corporation, has made donations of the following items to the Asheville Police Department: - 2025 GMC Sierra 3500 HD pickup truck, MSRP $74,431 - 2023 Continental Cargo Trailer Model TXAMG8.544TTA4 Silver/Black-Out $50,400 - Defender Max Lone Star Cab All Terrain Vehicle, MSRP $36,699 - Upfit costs for all items to make ready for APD’s use $44,850 - Total value of the donation $206,424 - Without this donation, APD would not have purchased the donated items at this time. Vendor Outreach Efforts: - Not applicable for a donation.  Committee(s): - Not applicable. Pro(s): - Adds to first responders’ search and rescue capabilities in areas that may not be easily and quickly accessible. - The donation is a complete package including an ATV, a trailer to carry the ATV and other necessary equipment and supplies into the field, and a vehicle capable of towing the trailer. Con(s): - None known. Fiscal Impact: - Vehicle and trailer license fees paid for with existing Police Department operating funds. - These vehicles will also impact the department’s spending on fleet maintenance, which will be absorbed into the existing operating budget.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2025-12-09","mt":"regular","id":"I","ref":"RES 25-283","it":"resolution","t":"Resolution authorizing the City Manager (consent item I)","desc":"Background: - Various City departments and divisions accept cash payments for services - including Water, Parking, Harrah’s Cherokee Center Asheville and Development Services. - State Statute (NC 159-32) requires that cash receipts in excess of $500 be deposited with a financial institution on a daily basis. - To ensure compliance with State statute and improve employee safety, Finance and the aforementioned departments have undertaken an effort to standardize cash deposit activities across the City using Smart Safes and armored car pickup. - Under the proposed contract, Loomis Armored US, LLC will continue to provide armored vehicle cash pick-up & delivery services as well as State Statute compliant “smart safes” for the periods of time in between cash pickup. - The original resolution authorized services through fiscal year 2025 but all safes were not installed until December 2020 causing the end of the 5 year contract to be December 2025. - Under this new resolution, the contract amount will not exceed $160,000 over the 5 year term. Vendor Outreach Efforts: - N/A - Completed in FY21 when original contract was executed. Council Goal: - Fiscally Resilient City Committee:: - No prior committee approval. Pro: - Continuity of service with existing vendor - Improved employee safety, ensuring that employees are not responsible for carrying cash to the bank. - Compliance with State Statute though the use of Smart Safes on site. - Efficient use of City resources, APD officers no longer needed to escort Water Resources or Parking deposits to the bank. Con(s): - None Fiscal Impact: - Annual contracted services costs are already included in each department’s respective operating budgets. The 5 year extension is estimated at $160,000 for all departments.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2025-12-09","mt":"regular","id":"IV-A","ref":"RES 25-299","it":"appointment","t":"Resolution appointing a member (Jonathan Anzolitto) to the Planning & Zoning Commission","desc":"Vice-Mayor Mosley, former Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Planning & Zoning Commission. Due to the removal of Jared Wheatley, there exists a vacancy until August 14, 2026. The following individuals applied for the vacancy: Liz Avery, Mike Thomas Carpenter, Christopher Horton, Micah Rogers, Michael Speciale, David Russell, Julie O’Dwyer, Robert Sack, Matthew Doran, Will Deter, Jonathan Anzollitto, Randall Barnett, Bandon Bryant, Joseph Chesler, Seth Connelly, Jason Hambley, Michael Pesant and Evar Hecht. On November 18, City Council interviewed Michael Speciale, Seth Connelly, Jonathan Anzolitto and Randall Barnett. Julie O’Dwyer was unable to attend; however, she submitted information to Council.  After each Council member voted, Jonathan Anzolitto received 4 votes and Michael Speciale received 2 votes. Therefore, Jonathan Anzolitto was appointed to serve as a member of the Planning & Zoning Commission to serve the unexpired term of Jared Wheatley, for a term lasting until August 14, 2026, or until their successor has been appointed or unless modified by Council action. Notwithstanding the foregoing, all members shall serve at the pleasure of Council, and may be removed at any time with or without cause.","c":"Boards & Appointments","mo":"individual","mv":"","sec":"","r":"passed","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":22},{"d":"2025-12-09","mt":"regular","id":"J","ref":"RES 25-287","it":"resolution","t":"Resolution supporting the French Broad (consent item J)","desc":"Background: - The French Broad River Metropolitan Planning Organization (MPO), of which the City is a member, developed a regional multimodal transportation safety plan. - City staff from multiple departments participated in preparing this regional plan throughout its development. - The MPO adopted the plan on August 21, 2025. - A key goal of the plan is to reduce fatalities and injuries from crashes. - The plan will provide regional counties and municipalities with detailed information about crash and safety histories and offer strategies and countermeasures as the region strives for safer roadways for all users. - This plan is advantageous for the City of Asheville because its adoption and implementation will also create opportunities for grant applications, which are often contingent on having a safety plan in place for our region. Vendor Outreach Efforts: N/A  Committee(s): N/A Pro(s): - Implementing this plan will reduce crashes, fatalities, and injuries caused by poor driving habits and inadequate infrastructure. - The plan provides strategies and countermeasure suggestions for various circumstances to assist decision-making for improved design, engineering, and enforcement methods. Con(s): - None  Fiscal Impact: - There is no fiscal impact associated with supporting this resolution.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2025-12-09","mt":"regular","id":"K","ref":"RES 25-288","it":"resolution","t":"Resolution authorizing the City Manager (consent item K)","desc":"Background: - This action seeks to authorize the disbursement of federal transit grant funds from FY 2017 and FY 2018 that subrecipients have recently requested reimbursement for, but for which a Council resolution authorizing the City to disburse the funds was not previously brought forward to Council. - The City’s purchasing division has requested that a resolution be recorded and that specific amounts for each subrecipient from these grants be included in the resolution, as well as authorization to accept the grant funds from FTA and execute agreements with the subrecipients. - Therefore, this action will allow the City to process requests for reimbursement from the subrecipients from the following three annual programs: - Section 5307 Urban Transit Funds - these funds are allocated annually to the Asheville Urbanized Area (AUZA) and are split between the City and Subrecipients based on a formula determined by the French Broad River MPO (FBRMPO). - Section 5307 Job Access Reverse Commute (JARC) - the total amount of funds for this program originates from a 10% set-aside of Section 5307 Urban Transit funds. Each year, agencies must apply to the FBRMPO for JARC Funds. The City typically receives JARC funds to offset some of the cost of the Route 170, and more recently the S3. - Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities - these funds are allocated annually to the AUZA. Each year, agencies must apply to the FBRMPO for 5310 funds. - The following tables outline the amounts disbursed to each entity by program for FY 2017 and FY 2018. Section 5307 Urban Transit Funds  FY17 Section 5307 Urban Transit Funding Subrecipient Allocation Amount JARC Set-Aside $266,999 City of Asheville $1,312,887 Buncombe County $461,131 Haywood County $165,207 Henderson County $463,767 Total $2,669,991 FY18 Section 5307 Urban Transit Funding Subrecipient Allocation Amount JARC Set-Aside $277,732 City of Asheville $1,065,620 Buncombe County $715,414 Haywood County $208,482 Henderson County $510,067 Total $2,777,315 Section 5307 Job Access Reverse Commute Funds FY17 & 18 Section 5307 JARC Funds Subrecipient Project Amount Funded Local Match (Varies) City of Asheville City of Asheville Black Mountain Transit Route 170-Continued Support for Operations, two years of operations, starting in January 2019 $128,276 $128,276 Buncombe County Buncombe County Black Mountain Trailblazer Operating Assistance - 15 months of operating expenses, $190,515 $190,515  FY17 & 18 Section 5307 JARC Funds starting in December of 2018 Mountain Projects (Haywood County) Mountain Projects (Haywood County) New Deviated Fixed Route-Capital $68,236 $17,059 Mountain Projects (Haywood County) Mountain Projects (Haywood County) New Deviated Fixed Route - Operations $80,450 $80,450 City of Asheville JARC Administrative of Mountain Projects at 10% $14,869 $0 City of Asheville JARC Administrative Fee at 10% $35,421 $0 Total $517,767 $416,300 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities FY17 Section 5310 Funds Subrecipient Project Amount Funded Local Match (varies) City of Asheville ADA Paratransit acquisition of services $135,000 $33,750 Buncombe County Buncombe County Additional Elderly and Disabled Transportation $46,575 $11,644 Buncombe County RIDE Vouchers Program-Support for Taxi Services for Individuals with Disabilities $60,053 $60,053 Council on Aging-Buncombe County Council on Aging CAR Volunteer Driver Program for Older Adults $16,311 $16,311 Land of Sky Regional Council Expansion of Senior Companion Program in Buncombe and Henderson $33,426 $33,426  FY17 Section 5310 Funds Madison County Madison County Senior Transportation to Meal Sites $5,000 $5,000 City of Asheville 5310 Program Administration Fee at 10% $32,929 $0 Total $329,294 $160,184 FY18 Section 5310 Funds Subrecipient Project Amount Funded Local Match (varies) City of Asheville ADA Paratransit acquisition of services $99,156 $24,789 Buncombe County Buncombe County Additional Elderly and Disabled Transportation $73,036 $18,259 Buncombe County RIDE Vouchers Program-Support for Taxi Services for Individuals with Disabilities $52,337 $52,337 Council on Aging-Buncombe County Council on Aging CAR Volunteer Driver Program for Older Adults $13,690 $13,690 Land of Sky Regional Council Expansion of Senior Companion Program in Buncombe and Henderson $32,340 $32,340 Madison County Madison County Senior Transportation to Meal Sites $7,920 $7,920 Vocational Solutions-Henderson County Henderson County Vocation and Life Skills Training Transportation for Individuals with Disabilities $15,996 $3,999 Vocational Solutions-Henderson Henderson County Vocation and Life Skills $4,950 $4,950  FY18 Section 5310 Funds County Training Transportation for Individuals with Disabilities City of Asheville Program Administration $33,269 $0 Total $332,694.00 $158,284.00 Vendor Outreach Efforts: - N/A. These funds are apportioned to the Asheville Urbanized Area (AUZA) annually by the Federal Transit Administration and are disbursed by the City of Asheville, as the Designated Recipient, to the regional transit agencies (Subrecipients), including Buncombe County, Henderson County, Haywood County, etc.  Committee(s): - N/A Pro(s): - This action would authorize the acceptance, expenditure and disbursement of City and subrecipient transit grant funds for FY 2017 and FY 2018 from three annual programs that support existing transit services. - The authorization will allow the City to process reimbursement requests for the City’s Transit Subrecipients. Con(s): - None Fiscal Impact: - This action seeks to authorize the disbursement of federal transit grant funds from FY 2017 and FY 2018 that transit subrecipients have recently requested reimbursement for, but for which a Council resolution authorizing the City to disburse the funds was not previously brought to Council. - The City “passes through” funding to each subrecipient and is not responsible for their local match. - This action may require a budget amendment at a later date as staff reviews the existing grant budget. It will be submitted at a later date if needed.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2025-12-09","mt":"regular","id":"L","ref":"RES 25-289","it":"resolution","t":"Resolution authorizing the City Manager (consent item L)","desc":"Background: - The City currently utilizes a software called Swiftly to provide various transit-related data and information services that are integral to Asheville Rides Transit (ART) daily operations. - These services include: - GPS-enabled real-time data showing the location of each bus on a route and when the bus is expected to arrive at a stop. - This data is pushed out by apps such as Google Maps and Transit App. - Trip planning capabilities - riders can enter where they want to go and the software will recommend routes and times. - Monitoring and reporting of on-time-performance for the overall system and for each route. - Bus operators and dispatchers use Swiftly for navigation and driver training. - The City’s current contract for the use of Swiftly began in January 2023 and will expire at the end of December 2025. Therefore, a new contract is necessary in order to ensure the continued use of the software. - The TIPS Cooperative Purchasing Agreement allows the City to contract for the required software at a discounted price. Vendor Outreach Efforts: - None since a cooperative purchasing agreement is being used. Council Vision: - Transportation and Accessibility Committee(s): N/A Pro(s): - Executing this agreement allows City staff to monitor transit performance, provide passengers with trip planning tools, and communicate service issues to the public in real-time Con(s): - None Fiscal Impact: - The total contract amount, including potential option years, is $648,345. - Year 1 (January 1 - December 31, 2026): $120,069 - Year 2 (January 1 - December 31, 2027): $118,983 - Year 3 (January 1 - December 31, 2028): $127,312 - Year 4 (January 1 - December 31, 2029): $136,223 - Year 5 (January 1 - December 31, 2030): $145,759 - Funding to support the first year of the contract is already budgeted in the City’s FY 2026 Transit Operations Fund. - Subsequent years will be funded in the Transit Operations Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2025-12-09","mt":"regular","id":"M","ref":"RES 25-290","it":"resolution","t":"Resolution authorizing the City Manager (consent item M)","desc":"Background: - The call for projects is for funding through the FY 2027 Unified Planning Work Program (UPWP), a competitive grant for which all member governments are eligible to apply. - Eligible activities include feasibility studies, small-area plans, conceptual designs, bike/ped plans, transit plans, traffic studies, local transportation asset inventories, economic impact analyses for transportation investments, and more, as defined by federal eligibility. - The submitted project for the grant is a feasibility study for multimodal transportation improvements to Hilliard Avenue. - This plan is intended to coordinate future changes associated with NCDOT’s I-26 Connector project, specifically addressing functionality changes on Patton Avenue and surrounding streets, including improvements at the Clingman Avenue and Hilliard Avenue intersection. - The study will also examine the existing extents of the Hilliard Avenue corridor from Clingman Avenue to Biltmore Avenue for future improvements. - The investigation will include assessments of rights-of-way, above-ground and subsurface utilities, topography, accessibility needs, intersection improvements, and possible configurations, along with planning-level cost estimates. - This project is intended as a scoping analysis for future capital projects in the corridor. - Hilliard Avenue is a top-ranked corridor for ADA improvements in the GAP Plan Prioritization List. - MPO funding can be used to pay for 80% of eligible project expenses for selected projects. A 20% local match is required. - The total cost of the proposed planning study is $312,500. The City’s required local match will be $62,500. - The deadline for submitting the grant application is December 30, 2025. Goal(s): - Well-Planned and Livable Community - Transportation and Accessibility Committee(s): - NA  Fiscal Impact: - If awarded, the City of Asheville must provide matching funds equal to 20% of the project's total cost ($62,500). If needed, the City will allocate funds from the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2025-12-09","mt":"regular","id":"N","ref":"RES 25-291","it":"resolution","t":"Resolution authorizing the City Manager (consent item N)","desc":"Background: - The City applies to the FBRMPO each year to receive FTA Section 5307 JARC funding to support existing transit operations. - The Call-for-Projects from the FBRMPO was released on October 21, 2025 with applications due January 15, 2026. - Section 5307 (JARC) Background: - Funding received from this grant source is used to fund existing service for Route 170 (the fixed-route service operated between downtown Asheville and the Town of Black Mountain) and Routes S3 and S6 (the fixed-route service operated between downtown Asheville, Arden, and the Airport). - For the last three years, the City has applied for the entire amount available, which this year is $420,732, with a 50% match ($420,732), for a total project cost of $841,464. - For the last four years, the Town of Black Mountain has provided $25,000 toward the required matching funds, specifically for Route 170. City staff will be requesting the same amount for FY 2026-27. - Buncombe County has also provided funding toward the required match the previous four years for Route 170. The City requests funds from the County based on the service cost per hour and the number of hours the route operates within the County. - For FY 2026-27, City staff anticipates requesting approximately $125,000 from the County for this route (subject to change upon execution in 2026 of a new Operations and Maintenance Contract). - The City will provide the remainder of matching funds and this is already budgeted within the Transit Operations Budget. - If awarded, City staff will return to City Council to accept the grant, authorize the City Manager to sign all of the appropriate agreements, and approve a budget amendment to include the funds in the budget (if needed).  Vendor Outreach Efforts: N/A  Committee(s): N/A Pro(s): - Enables the City to use federal funds to help offset the annual operating cost of Routes 170, S3, and S6 fixed-route services. - Buncombe County and Black Mountain contribute funds toward the required match. Con(s): - The City is responsible for the 50% local match for the Section 5307 JARC Funding programs, however Buncombe County and Black Mountain contribute funds toward the required match. - No administrative funding is awarded to the City for administering the 5307/JARC grant program. Fiscal Impact: - If awarded the Section 5307 (JARC) funding ($841,464 total), including the 50% local matching funds ($420,732), and associated expenses will be included in the FY 2026-27 Proposed Budget for the Transit Fund.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2025-12-09","mt":"regular","id":"O","ref":"RES 25-292","it":"resolution","t":"Resolution authorizing the City Manager (consent item O)","desc":"Background: - The NCDOT funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. State costs would amount to $51,137. Local costs would amount to $5,682. Total wages + benefits would amount to $52,000, FICA to $3,819 and travel allowance to $1,000. - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. Vendor Outreach Efforts: - N/A  Committee(s): - None Pro(s): - Ninety percent of apprentice costs are covered by NCDOT. - Supports the Transit Planning Division to assist in transit-related projects and programs. Con(s): - The City provides 10% of the cost, not to exceed $5,682. Fiscal Impact: - NCDOT provides 90% of the funding for the salary and benefits of the Apprentice; the City Transit Operations Fund would provide the remaining 10%. The total cost for the Apprentice for FY27 is $56,819, with the State paying $51,137 and the City paying $5,682.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2025-12-09","mt":"regular","id":"P","ref":"RES 25-293 / ORD 5188","it":"resolution","t":"Resolution authorizing the City Manager (consent item P); budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2025-12-09","mt":"regular","id":"Q","ref":"RES 25-294 / ORD 5189","it":"resolution","t":"Resolution authorizing the City Manager (consent item Q); budget amendment","desc":"","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2025-12-09","mt":"regular","id":"R","ref":"RES 25-295","it":"resolution","t":"Resolution authorizing the City Manager (consent item R)","desc":"Background: - The existing 18 year old chiller at City Hall is rapidly approaching the end of life expectancy and needs to be replaced. - Construction is anticipated to happen during the upcoming winter season in order to have the new chiller operational in time for the summer cooling season. - Staff will work with the designer and contractor to maximize opportunities to meet the City’s efficiency and sustainability goals. - Staff determined that a design-build procurement method was best suited for the project. The design-build delivery method was approved by the City Manager on September 15, 2025, as per N.C.G.S 143-128.1A and City Council Resolution No. 16-45. - Request for Qualifications was issued on September 18, 2025 soliciting qualifications from design-build teams, which required a minimum of three responses, as per general statutes. - Qualification packages were received on October 16, 2025 from the following teams: - Bolton Construction and Services of WNC, Inc. and Moore-Hubbard Company PLLC both located in Asheville, NC. - STR Mechanical and Shultz Engineering Group both located in Charlotte, NC. - Sylvester & Cockrum, LLC. and Shultz Engineering Group, P.C. both located in Charlotte, NC. - TICH2-JV, LLP and B&B Technical Solutions, LLC located in Charlotte, NC. - An evaluation committee composed of staff from the Capital Management Department reviewed the qualification packages. - The team of Bolton Construction and Services of WNC, Inc. and Moore-Hubbard Company PLLC was ranked as the most qualified for the project. Bolton Construction and Services of WNC, Inc is the primary contract holder for the purposes of city procurement.  Vendor Outreach Efforts: - Staff performed outreach to minority and women owned businesses through solicitation processes using the State’s Electronic Vendor Portal and direct communications with minority and women owned businesses. - The terms of the RFQ require that the solicitation for subcontractors for the construction work follow the City’s Asheville Inclusion Policy, including minority outreach efforts. - On the selected design-build team, Bolton Construction and Services of WNC, Inc. is using a subcontracted vendor that is a woman-owned business, Chaparral Insulation (formerly Dover Insulation) located in Marion, NC.  Committee(s): - None Pro(s): - The design-build method will allow for the quick and efficient implementation of the upfit improvements needed to have the installation operational by the upcoming summer season. - The design-build contract will allow the designer and contractor to work together to ensure that the project adheres to budget and schedule constraints. - The selected firm will be using a subcontractor that is a woman-owned business. Con(s): - The design-build selection process lacks the lowest responsive, responsible bidder solicitation process. - The result may be a higher initial cost, but greater value to the city through the design-build negotiation process. Fiscal Impact: - Funding for this contract is included in the adopted Capital Improvement Program (CIP).","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2025-12-09","mt":"regular","id":"S","ref":"RES 25-296","it":"resolution","t":"Resolution adopting the 2026 City Council meeting schedule (consent item S)","desc":"The following schedule of the meetings of the Asheville City Council for 2026 be, and the same is, hereby established as follows: City Council Agenda Briefing Worksessions 11:00 a.m.  1st and 3rd Thursday of each month (except for the months of January, April, July and October, which agenda briefing worksessions will be held on the 2nd and 4th Thursday of each month) Remote City Council Formal Meetings 5:00 p.m. 2 nd and 4th Tuesdays of each month Council Chamber – 2 nd Floor City Hall Building, Asheville, N.C. In-Person The following formal meetings are hereby cancelled: Tuesday, July 14, 2026; Tuesday, August 11, 2026; Tuesday, November 24, 2026; and Tuesday, December 22, 2026. The following agenda briefing worksessions are hereby canceled: Thursday, July 9, 2026; Thursday, August 6, 2026; Thursday, November 19, 2026; and Thursday, December 17, 2026. The formal meeting of the Asheville City Council on January 27, 2026, will be rescheduled from 5:00 p.m. to 10:00 a.m. in the Council Chamber, located on the 2nd Floor of City Hall, 70 Court Plaza, Asheville, N.C.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2025-12-09","mt":"regular","id":"T","ref":"RES 25-297","it":"resolution","t":"Resolution approving the issuance of (consent item T)","desc":"SECTION 147(f) OF THE INTERNAL REVENUE CODE  Background: - The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes. - It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157. - The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such a plan. - Rocky River Apartments NC, LLC, a North Carolina limited liability company, or an affiliated or related entity (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $24,000,000 in multifamily housing revenue bonds for the acquisition and construction of a new 120-unit affordable rental development known as Rocky River Apartments located on a 7.99 acre site at 28 Reynolds Mountain Boulevard in Woodfin, parcel identified as PIN 9730799689 in the Buncombe County Registry. - The project will consist of 1 building. There will be a mix of 1,2 and 3-bedroom units. All units will be set aside for individuals and families at 30% (28 units), 60% (64 units) and 80% (28 units) or less of Area Median Income (“AMI”). - The affordability period will be 30 years. - Fitch Irick Corporation is the developer and manager of this project and is an affiliate of the owner. - Construction is scheduled to commence in December 2025 and has an expected completion date of September 2027. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. Council Goals: - Quality Affordable Housing Pro(s): - 120 units of new housing affordable to households at or below 80% of AMI will be constructed. - The affordability period will be at least 30 years. Con(s): - None. Fiscal Impact: - This action requires no City resources and has no fiscal impact.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2025-12-09","mt":"regular","id":"U","ref":"RES 25-298","it":"appointment","t":"Resolution appointing a member to a board/commission (consent item U)","desc":"Christopher Serzan is hereby appointed as the utility representative to the Board of Electrical Examiners, to fill the unexpired term of Travis Brooks, with a term lasting until July 1, 2027, or until a successor has been appointed or unless modified by Council action. Notwithstanding the foregoing, all members shall serve at the pleasure of Council, and may be removed at any time with or without cause.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2025-12-09","mt":"regular","id":"V","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for October 2025 are included in the document.  Pro(s): - Ensures compliance with provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. Con(s): - None Fiscal Impact: - None. Suggested Motion: - Motion to adopt City of Asheville property tax refunds and releases for the month of October 2025. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/14i5L6PZuRgISlBLFBgy6BYSu8YDN5bHGncUxaxNNAyI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2026-01-13","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of minutes (special meeting Dec 5, 2025; combined agenda briefing/formal meeting Dec 5 & 9, 2025; special meeting Jan 8, 2026)","desc":"","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-01-13","mt":"regular","id":"B","ref":"RES 26-1","it":"resolution","t":"Resolution authorizing the City Manager to execute a construction contract with TP Howard Plumbing Co. Inc. for the Neighborhood Enhancement Project Area 8 - Water Distribution Project","desc":"Background: - The scope of work for this project includes the installation of approximately 250 LF of 12-inch, 700 LF of 8-inch, 21,000 LF of 6-inch ductile iron water line, related appurtenances and other miscellaneous water system components including service connections. - The project is located in various neighborhoods and commercial corridors throughout the water service district. - The project will mostly replace existing problematic water lines; which have been identified as a need through a prioritization and master planning process, due to age, pipe failures and future water capacity needs - On October 21, 2025, the Water Resources Department (WRD) issued an advertisement for bids for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution Project. - In response to the advertisement for bids, the WRD received four (4) bids on November 20, 2025. Companies responding were: 1. Buckeye Bridge, LLC - Canton,NC - Non MWBE - Bid $9,396,412.10 2. TeraFlex Group, LLC. - Waynesville, NC - Non MWBE - Bid $14,794,715.00 3. Hyatt Pipeline, LLC.- Canton, NC - Non MWBE - Bid $8,956,938.75 4. TP Howard’s Plumbing Co, Inc. - Fairview, NC - Non MWBE - Bid $8,135,000.00 - Following an audit of the bids by City staff and the project engineers, CDM Smith; Thomas TP Howard’s Plumbing Co. Inc. was selected as the lowest responsible, responsive bidder. - The Water Resources Department requests authorization to contract with TP Howard’s Plumbing Co, Inc. for the bid amount of $8,135,000.00 plus a 10% contingency in the amount of $813,500.00, for a total amount not to exceed $8,948,500.00 for a term through project completion. Vendor Outreach Efforts: - Staff performed outreach to minority- and women-owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. - No MWBE firms submitted bids as the prime contractor.  Committee(s): - Not applicable. Pro(s): - This project is aligned with the City's and the Water Resources Department's goal of continued investment and improvement of the City’s water system through capital improvement projects, in order to provide safe and reliable service. Con(s): - None. Fiscal Impact: - Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-01-13","mt":"regular","id":"C","ref":"RES 26-2","it":"resolution","t":"Resolution authorizing the City Manager to amend a contract with Azteca Systems LLC to continue hosting the Cityworks Enterprise Asset Management System software license, maintenance, and support","desc":"Background: - The Cityworks software provides a platform for Water Resources, Public Works, and Parks & Recreation asset management, work orders, inventory management, and reporting. - Cityworks was first selected as a vendor through a competitive selection process in 2016 and is highly integrated with the City’s geographic information system (GIS) program and includes all major physical assets maintained by Water Resources, Public Works, and Parks & Recreation (water mains, valves, hydrants, streets, signs, picnic shelters, etc.) - This software is also utilized to track the use and costs of assets through the preventative maintenance of assets. - Amending the current contract will provide a fully hosted product for an additional year. Vendor Outreach Efforts: - No outreach was required as this is amending an existing contract. - The City of Asheville conducted a competitive procurement process for an asset management software system for both Public Works and Water in 2016 and 2017. - The asset management system is designed to be used with any other city departments as needed. - There are a limited number of vendors providing enterprise asset management software, and after reviewing all available options, Cityworks (Azteca) was selected as the best overall value for the City of Asheville.  Committee(s): - N/A Pro(s): - Amending the current contract will provide a fully hosted product (software as a service) for an additional year. This allows for better security, data backup, and disaster recovery. Con(s): - None Fiscal Impact: - Funding for this contract is and will be available in the Water Resources, Public Works, and Parks & Recreation departmental operating budgets. - Fiscal Year 2026 Cityworks licensing totaling $116,233.50; Year 2 extension will not exceed $130,000.00.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-01-13","mt":"regular","id":"D","ref":"RES 26-3","it":"resolution","t":"Resolution authorizing the City Attorney to make a second amendment to a contract with Hamilton Stephens Steele & Martin, PLLC, to cover legal services related to ongoing litigation","desc":"Background: - The City Attorney contracted with Hamilton Stephens Steele & Martin, PLLC on May 30, 2024 to provide legal services on litigation matters involving Harrah's Cherokee Center HVAC systems. - On September 23, 2025, the contract was amended to expand the scope of service and add additional funds to cover gaps in case coverage following the resignation of two senior staff attorneys. - The City Attorney’s Office is now fully staffed, but additional funds are needed for Hamilton Stephens Steele & Martin, PLLC to complete the case work they’ve already started. - Funding for the contract is already available without the need for a budget amendment by the City Council. Vendor Outreach Efforts: - Vendor is self performing, and exempted per City Council Resolution - not applicable  Committee(s): - Not applicable Pro(s): - Provide specialized litigation services. Con(s): - None Fiscal Impact: - The Contract Amendment will add $111,000 to the contract, for a total contract cost of $200,000.00. This is included in the City Attorney’s operating budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-01-13","mt":"regular","id":"E","ref":"RES 26-4","it":"resolution","t":"Resolution ratifying a HOME Subrecipient Agreement with Commonwealth Development Corporation (d/b/a Fairhaven Meadows LLC) for the development of the affordable housing project known as Fairhaven Meadows","desc":"Background: - The City of Asheville receives funding from the Department of Housing and Urban Development (e.g. HOME funds). - The City of Asheville is the participating jurisdiction (PJ) for the Asheville Regional Housing Consortium (ARHC) and allocates federal HOME funds across the four-county consortium footprint to support affordable housing. - The addition of the HOME funds to the Fairhaven Meadows project did not require a substantial amendment from HUD due to the amount of funds added. - Located in Brevard, the Fairhaven Meadows project provides 42 units for families at 40-70% AMI (area median income) and has received HOME funding to support the project. - Previous Council resolutions have approved a total of $1,159,924 in HOME funds for this project, however the final contract amount equals $1,305,000. The remaining $115,076 gap was funded by a combination of HOME Program Income (PI) and administrative funds, which HUD has authorized, however, Council approval was not obtained for the final amount. - A funding agreement in the amount of $1,305,000 was executed, however CED staff has identified a lack of formal Council authorization for $115,076 of the total funding amount. - Staff is seeking approval to ratify the contract for the full and final amount of $1,305,000. Vendor Outreach Efforts: - N/A  Committee(s): - May 21, 2025 - the Asheville Regional Housing Consortium voted to approve additional funding for Fairhaven Meadows for a total $1,275,000. - August 27, 2025 - The Consortium was updated on the total amount of $1,305,000. Pro(s): - Funding supports the construction of affordable rental housing in the Asheville Regional Housing Consortium service area. Con(s): - None noted. Fiscal Impact: - $1,305,000 in federal HOME funding to support the development of affordable housing is available.","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-01-13","mt":"regular","id":"F","ref":"RES 26-5","it":"resolution","t":"Resolution to ratify the execution of a lease with Tanger Asheville LLC at 822 Tanger Outlet Shopping Center to provide a new resource center location for the Asheville Police Department West","desc":"Background: - Built in 1953 as a combined Fire Station and Library, the facility at 970 Haywood Road was repurposed as a Police Resource Center in 1999. It no longer meets modern public safety standards and presents critical risks: - Security Vulnerabilities: The original 1953 library design includes large, single-pane windows extending from desk height to the ceiling, creating significant safety concerns for APD staff and community members inside the facility. - Employee Wellness: Officers have expressed that the space does not feel secure, which runs counter to our goal of establishing Resource Centers that provide safety, privacy, and support. Leadership at the Police Department prioritizes the health and wellness of our employees, and the current facility does not align with that commitment. - Site Constraints: Limited on-site parking requires APD to lease off-site spaces, conditions that contributed to recent vehicle security incidents, including the arson of two marked patrol vehicles. - If approved, the Public Facilities Management Division will work with the Police Department to ensure the space provides improved security to support a limited police presence at 970 Haywood Road. - The new Tanger Outlet space offers 4,046 sq. ft. of usable, purpose-built, secure space, a significant increase from the 1,800 sq. ft. currently used at 970 Haywood Road. This expanded capacity will allow for a consistent, professional staff presence during business hours, offering a more secure and suitable location for community engagement and report filing. - The favorable lease cost is $6,000 per month for the first year of the ten-year term,  increasing by 3% annually thereafter (capped at $7,828.64 in year 10). Two 5-year renewal options are available. - Tanger Outlets is donating approximately $1,000,000.00 toward the upfit costs, representing extraordinary savings and allowing the City to secure immediate, high-quality operational space without a significant capital outlay. - Ratification of the approved lease is required because the City’s Contracting Policy requires City Council approval of all contracts/leases that exceed a certain threshold; City Council approval for property acquisition is not required by statute.  Committee(s): - City Council - November 18, 2025 - Appeared as item D on the November 18, 2026, agenda but was pulled and referred to the Public Safety Committee for further discussion. - Public Safety Committee - November 20, 2025, the PSC received a more detailed explanation of the need for the proposed project. The Committee agreed without taking formal action to refer the item back to the full Council for action. - City Council – December 9, 2025: The item appeared on the agenda as Item II.C but was withdrawn to allow for additional discussion and continued community education with surrounding neighborhoods. Pro(s): The new Tanger Outlet location will serve as a flexible workspace for officers assigned to the West Asheville area. The center is designed to enhance operational efficiency, support employee wellness, increase officer safety while at the facility, and expand overall police services. - Patrol response levels in West Asheville will remain unchanged. Officers are deployed by geographic area, not by substation location, and the two officers currently assigned to the Haywood Road area will continue serving that neighborhood. - Police services will be expanded through the addition of a Resource Center that will be staffed during business hours. - The Tanger location offers significantly more parking than the current site, improving access and convenience for both staff and visitors. - This is a full-service lease that includes common-area maintenance and proportionate property taxes for the duration of the lease. Con(s): - This is a temporary lease, and the City of Asheville does not own the property. The initial lease agreement for the police offices and resource center is set for a period of ten (10) years. - This duration is considered short-term, particularly when evaluating the long-term operational needs and community engagement objectives for a police presence and resource center within a high-traffic commercial area. Fiscal Impact: - The ten (10) year initial lease is not to exceed $837,339.27. - Funding for the first year of this contract is available in the Police Department’s operating budget. Future years will be planned during the annual budget development process. One individual spoke against the moving of the APD resource center and requested more bike and foot patrol in west Asheville.  Interim Police Chief Jackie Stepp explained that APD is not moving out of 970 Haywood Road, but only an expansion of services in west Asheville.. She also explained how officers are deployed. Councilman Hess clarified that Tanger is donating approximately $1 Million to upfit that property for the APD resource center at Tanger Outlet. If not, the City would have to use its own money and divert the funds from other priorities. He felt this is an opportunity to form partnerships. In response to Councilwoman Ullman, Interim Chief Stepp said that the public would not see any change from entering 970 Haywood Road today than tomorrow. Councilwoman Ullman said that an idea is that the Asheville Fire Department Resource and Engagement Support Team (REST) be located at the 970 Haywood Road facility, and Councilman Hess said that the Asheville firefighters are also asking for more space (and upfitted space) in the Haywood Road facility. In response to Councilwoman Roney, Interim Chief Stepp explained their community outreach (done in mid-December), noting that in the future community engagement will happen on the frontend for similar projects. Councilwoman Roney said that she walks the corridor and engages with neighbors, businesses, organizations, and people living and working on the corridor. She appreciated that the staff did outreach, but there are still important, unanswered questions, and a growing request to increase response in west Asheville, including the AFD’s REST team. When there are calls for more support, this feels like less. West Asheville is among neighborhood and business corridors navigating serious issues of homelessness outreach, mental/behavioral health crises, and substance use/poisoning and they expect certified professionals with the tools and training to address these issues. If she says yes to this investment of $837,000 paid to a landlord over the course of the lease, she’d be saying yes to lack of budget transparency, continued undermining of public trust by putting reactive public engagement at the end after decisions have already been made, and missed the opportunity to invest in street level, relational responses to the serious issues the community faces. She’s also facing the issue that we find money for the things we value. Last year, Council wasn’t made aware of the specifics of this plan, but we also cut the Strategic Partnership Fund for youth programming because we supposedly didn’t have the funds. With limitations of this role, she has to vote no tonight so that she can vote yes when resources and true partnership includes residents, businesses, and people with lived and professional experience with the public safety issues we face, not just in west Asheville, but across the City.","c":"Housing","mo":"individual","mv":"Smith","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":1,"mr":"contested vote","sq":15},{"d":"2026-01-13","mt":"regular","id":"G","ref":"RES 26-6","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Kittelson & Associates to update the City's Traffic Calming Policy & Implementation Process","desc":"Background: - In the existing Traffic Calming Policy, which was last updated in 2014, Asheville supports neighborhood livability and multimodal viability by managing vehicle speeds and volume on local residential streets maintained by the City. - The current policy process is resource-intensive, requiring extensive staff time, neighborhood petitions, and multiple steps before implementation, leading to long project timelines and unmet resident expectations. - The project will produce a Traffic Calming Guide and updated Traffic Calming policy, through the evaluation and modification/ definition of: - Policy/Program structure, - Eligible streets for the program, - Appropriate traffic calming treatments applied through the program, - Prioritization methodology for scoring/ranking the eligible streets, and - Implementation framework. - The project will include numerous opportunities for public engagement and input/ feedback, including the formation of a project working group. - The project is expected to last approximately 12 months. - Traffic calming will continue to be reviewed under the current policy while policy revisions are considered. Though funding can impact speed of delivery, there is no intention to pause programming qualified traffic calming projects for construction. Vendor Outreach Efforts: - Funding for this project is provided through City general fund and/or operating budgets. - As a result the outreach and engagement followed the City’s business inclusion processes. - These processes at a minimum require staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors.  Committee(s): - N/A Pro(s): - Increased safety on City roadways for all users through the implementation of traffic calming to reduce motor vehicle speeds - An updated policy and implementation process that will streamline review of traffic calming requests Con(s): - None Fiscal Impact: - The project is funded through the General Fund’s Traffic Safety Account. The total contract amount is $99,696.99.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-01-13","mt":"regular","id":"H","ref":"RES 26-7","it":"resolution","t":"Resolution authorizing the City Manager to execute agreements with the N.C. Dept. of Transportation for the Deaverview Road Complete Streets Project","desc":"Background: - The Deaverview Complete Streets Project is an NCDOT project that is programmed in the 2026-2035 State Transportation Improvement Program (STIP) as project #EB-5965. - It is federally funded and requires a 20% local match. The local match totals approximately $2.982 million. - The required matching funds are programmed in the City’s Capital Improvement Plan as part of the FY 27 budget process to align with the project phases adopted in the STIP. - The project includes engineering and design, right-of-way acquisition, utility relocation, and construction phases for a 10-foot multi-use path (MUP) extending approximately 1.2 miles between Patton Avenue and Pisgah View Road. - Transportation staff worked with NCDOT to create an express design (15% design) in Fall 2024 to inform cost estimates and project timelines, which were then programmed into the 2026-2035 STIP. - NCDOT will complete the preliminary engineering and construct the project. The City will be responsible for acquiring any needed right-of-way, since Deaverview Road is owned and maintained by the City. - Deaverview Road is prioritized as #2 on the GAP Plan’s Pedestrian Plan project prioritization list. The Pedestrian Plan identifies top priority corridors for new sidewalks. - Deaverview Road is a main east-west connection from far West Asheville to Patton Avenue, Haywood Road, etc., and currently has no bicycle or pedestrian facilities. Eight transit stops are currently located on the corridor. - There is a history of residents in the neighborhood/area asking for safety improvements along the corridor. Vendor Outreach Efforts: - Funding for this project is provided primarily through Federal funds programmed by the French Broad River Metropolitan Planning Organization. - Procurement will follow required regulations for the use of federal funds.  Committee(s): - N/A Pro(s): - Improves safety and mobility along a City-owned road that ranks highly (#2 on the Priority Pedestrian Project List) in the Close the GAP Plan. - The project is primarily managed and paid for by NCDOT. - The City is responsible for only a 20% cost share of the project. - Future redevelopment in the area, including future affordable housing development at HACA’s Deaverview site and the City-owned properties at 65 Ford Street and 411 Deaverview Road, will benefit from improved multimodal connectivity on the corridor. Con(s): - Once completed, the City will be responsible for maintaining this 1.2-mile multi-use path. Fiscal Impact: - The total project amount programmed into NCDOT’s State Transportation Improvement Program (STIP) is $14.9 million. The City is responsible for a 20% match totaling $2.98 million. - This project was programmed in the FY26-30 CIP, and adjustments will be made during the FY27 budget process to align budget with the project phases adopted in the STIP.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-01-13","mt":"regular","id":"I","ref":"RES 26-8","it":"resolution","t":"Resolution authorizing the City Manager to execute agreements with the N.C. Dept. of Transportation for the Craven Street Bike/Ped Bridge Project","desc":"Background: - The City is currently coordinating with the NCDOT Division 13 on the design and construction of a bike/ped bridge across the French Broad River that will parallel the existing Craven Street Bridge to the north (downstream). - The project has been assigned project number U-5019E in NCDOT’s State Transportation Improvement Program (STIP). - The project is federally funded and requires a 20% local match. The match amount totals approximately $2.086 million. - The required matching funds will be programmed in the City’s Capital Improvement Plan as part of the FY 27 budget process to align with the project phases adopted in the State’s Transportation Improvement Program. - NCDOT will manage the project with the City as the client; however, the City will be responsible for managing ROW acquisition (including utilities), if necessary, though the City currently owns both parcels on either side of the French Broad River directly north of the existing Craven Street bridge. - After construction is completed, the City will accept the new bridge into its maintenance program and will need to program funding for future maintenance needs. - This project will improve multimodal connectivity within and to the River Arts District. Vendor Outreach Efforts: - Funding for this project is provided primarily through Federal funds programmed by the French Broad River Metropolitan Planning Organization. - Procurement will follow required regulations for the use of federal funds.  Committee(s): - N/A Pro(s): - This project will improve safety and connectivity for multimodal travel between the two sides of the French Broad River. - The project is primarily managed and paid for by NCDOT. - The City is responsible for only a 20% cost share of the project. Con(s): - Once completed, the City will be responsible for maintaining this bridge. Fiscal Impact: - The total project amount programmed into NCDOT’s State Transportation Improvement Program (STIP) is $10.43 million. The City is responsible for a 20% match totaling $2.086 million. - This project was programmed in the FY26-30 CIP, and adjustments will be made during the FY27 budget process to align budget with the project phases adopted in the STIP.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-01-13","mt":"regular","id":"II-amend","ref":"","it":"motion","t":"Amend the agenda to add to the Consent Agenda a motion to amend the budget calendar to reschedule the budget public comment period from January 27, 2026 to February 10, 2026","desc":"","c":"Administrative","mo":"procedural","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-01-13","mt":"regular","id":"IV-A","ref":"ORD 5191","it":"public_hearing","t":"Public hearing / ordinance to rezone 13 Baldwin Street from RM-8 Residential Multi-Family Medium Density District","desc":"Assistant Planning & Urban Design Director Chris Collins said that this is the consideration of an ordinance to rezone 13 Baldwin Street from Neighborhood Business District to RS-8 Residential Single-Family High Density District. This public hearing was advertised on January 2 and 9, 2026. Project Location and Contacts: - The rezoning petition consists of one property totalling 0.22 acres and located at 13 Baldwin St (PIN 9657-59-9113). - Owner: The Estate of Doris Wilson Page. Summary of Petition: - The applicant requests a rezoning of one property to the Residential Single-Family High Density (RS-8) District. - The property is currently zoned Neighborhood Business (NB). - The primary difference between the RS-8 and NB districts is that the RS-8 district allows for single-family detached houses, while the NB district does not, and that the NB district allows for a limited number of neighborhood-serving commercial uses while the RS-8 district does not. - The subject property is currently vacant and is located at the corner of Fairview Rd and Baldwin St in the Oakley neighborhood. - Fairview Rd is served by ART bus route S1 with the nearest bus stop located across the street from the subject property. - The subject property is designated \"Neighborhood Centers” on the city’s Future Land Use (FLU) Map. A change to the FLU Map is not required. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated below.  Comprehensive Plan Consistency: - The proposed rezoning supports goals in the Living Asheville Comprehensive Plan including: - Increase and Diversify the Housing Supply - by promoting zoning policies to encourage more housing. - The proposed rezoning does not support the following goals in the Living Asheville Comprehensive Plan: - Increase Mixed-Use Development Along Transit Corridors - by encouraging moderately high density, walkable, mixed-use development along the full length of transit-supportive corridors. - Increase and Diversify the Housing Supply - by expanding areas permitting higher-density mixed-use development. - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking - by supporting the development of locally-focused neighborhood amenities, including restaurants, pubs, and other neighborhood services. - The proposed rezoning is partially compatible with the existing Future Land Use designation of “Neighborhood Center” which is proposed, in part, as “a small development or corner store within a neighborhood or along a corridor with non-residential community focused commercial activity and, sometimes, limited residential uses as a component of the commercial development. The commercial uses may include a restaurant, pub, small retail or office, religious institution or community center placed within the neighborhood fabric for the convenience of residents of the neighborhood serving as a focal point for the area”. - Residential Single-Family High Density (RS-8) is cited as an appropriate zoning district within the “Neighborhood Center” Future Land Use category. Compatibility Analysis: - The purpose of the existing Neighborhood Business (NB) zoning district is, “to reserve areas for low-intensity business activity that is accessible to pedestrians from the surrounding residential neighborhood. The intent of the district is to provide for the daily convenience and personal service needs of the surrounding residential neighborhood while minimizing conflicts with surrounding residential uses. This district is designed to be located within or adjacent to residential neighborhoods where large commercial operations are inappropriate, but where small neighborhood-oriented businesses are useful and desirable.” (UDO Sec. 7-8-8(a)). - The purpose of the proposed Residential Single-Family High Density (RS-8) zoning district is, “to establish a high density per acre for single-family dwellings where public infrastructure is sufficient to support such development and to stabilize and protect the district's residential character in areas of existing high density single-family development while promoting a suitable environment for single-family living. Non-single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.” (UDO Sec. 7-8-4(a)). - The proposed rezoning petition is generally compatible with most of the surrounding land uses, including: - RS-8-zoned property directly to the north of the subject property and in the majority of the Oakley neighborhood. - NB-zoned properties with small-scale commercial uses to the west and east of the subject property. - Community Business I (CBI)-zoned property with larger scale commercial uses  further to the east of the subject property.  Committee(s): - Planning & Zoning Commission (PZC) - December 3, 2025 - Approved (Vote 6:0) Pro(s): - Allows for the construction of single-family detached houses. Con(s): - Does not allow for any neighborhood-serving commercial uses that the existing zoning allows by-right. - Reduces the size and potential impact of this neighborhood business “node” in the Oakley neighborhood UDO District Comparison UDO Provision Neighborhood Business (NB) Residential Single-Family High Density (RS-8) Allowed uses: ● Multi-Family - Limited public, institutional, recreational, commercial, and retail uses - Small-scale, neighborhood-serving businesses - Single-Family Detached - Townhouse - Accessory Dwelling Unit - Cottage Development - Limited public, institutional, and recreational uses Density: None. n/a - determined by lot size standards Lot Size Minimum: None. Min. 4,000 s.f. Lot Width Minimum: None. Min. 40’ Building Height: Max. 40’ Max. 40’ Building Setbacks: Front: 15’, Side: 0’ min, Rear: 0’ min Front: 15’, Side: 6’, Rear: 15’ Parking None required for residential uses and most commercial uses. Standard (1 per unit typically) Mr. Collins reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He then provided the zoning district comparison of the two districts, along with the pros and cons. He then provided the compatibility analysis. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. The Planning & Zoning Commission voted unanimously to approve the rezoning. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the rezoning.  Councilwoman Roney and Councilwoman Ullman felt this rezoning looks like a reduction in the number of allowed uses. City Attorney Branham said that if a property owner voluntarily requests to downzone their property, that is within the authority of City Council. In response to Councilwoman Roney, Mr. Collins said that staff is still exploring how they will bring forward to Council the displacement analysis study, and how staff will be utilizing that study in rezonings. There was discussion on the displacement risk analysis and how that will be applied at the next Housing & Community Development Committee meeting. The owner of 17 Baldwin Street (which is next door to 13 Baldwin) said that 17 Baldwin Street is her childhood home. 13 Baldwin Street was part of 17 Baldwin Street, but her mother made a decision to split off that lot, which has been in their family for over 100 years. The lot is very small with no parking. She has builders ready to build a couple of small houses, which would be perfect for two families starting out. She said proceeds from the sale of this lot is the only way she can afford to make repairs to her home at 17 Baldwin. Mayor Manheimer opened the public hearing at 6:17 p.m. One individual was not opposed to the rezoning; however, felt that we need a clear anti-displacement policy and felt that that analysis should be provided by staff in future presentations. One individual spoke in support of the rezoning of this small lot, which has been empty for a long time. Mayor Manheimer closed the public hearing at 6:21 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2026-01-13","mt":"regular","id":"IV-B","ref":"ORD 5192","it":"public_hearing","t":"Public hearing / ordinance to rezone 137 Broad Street from Community Business district","desc":"Assistant Planning & Urban Design Director Chris Collins said that this is the consideration of an ordinance to rezone 137 Broad Street from Community Business I District - Conditional Zone to Community Business I District. This public hearing was advertised on January 2 and 9, 2026.  Project Location and Contacts: - The rezoning petition consists of one property totalling 0.1 acres and located at 137 Broad St (PIN 9649-53-8527). - Owner: Broad Properties LLC. Summary of Petition: - The applicant requests a rezoning of one property to the Community Business I (CBI) District. - The subject property is the site of an existing, one-story, commercial building. - The property is currently zoned Community Business I - Conditional Zone (CBI-CZ). - The conditional zoning of the property, per Ord. No. 4817, was adopted on July 30, 2020 and rezoned the subject and neighboring property at 135 Broad St from Community Business I (CBI) to Community Business I - Conditional Zone (CBI-CZ) for the purpose of constructing two new, mixed-use buildings. - The new, two-story, mixed-use building proposed at 135 Broad St was constructed as part of that project. The new, 3-story, mixed-use building proposed at the subject property, which would have required the demolition of the existing structure, was not constructed. - The applicant is requesting a rezoning of the subject property to a general use district in order to occupy the existing building with a use allowed by-right. - The subject property is designated “Traditional Corridor” on the city’s Future Land Use (FLU) Map. A change to the FLU Map is not required. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated below. Comprehensive Plan Consistency: - The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan including: - Encourage Responsible Growth - by ensuring that new development has the appropriate infrastructure to support it. - Facilitate Real Estate Development that Maximizes Public Benefit - by establishing accessible and well-connected commercial nodes consistent with strategies outlined in the plan’s growth areas. - The proposed rezoning is compatible with the Future Land Use designation of “Traditional Corridor” which is described, in part, as “a roadway with a large variety of land uses including commercial, office and residential uses at a variety of scales. The commercial and mixed-use areas along a traditional corridor are typically flanked by residential neighborhoods on one or both sides of the street. The development pattern along a traditional corridor most closely resembles a “main street” with buildings located close to the street”. - Community Business I (CBI) is cited as an appropriate zoning district within the “Traditional Corridor” Future Land Use category. Compatibility Analysis: - The purpose of the Community Business I (CBI) district is, “to provide areas for medium-density business and service uses serving several residential neighborhoods. This community business center may serve as a workplace for many residents in the surrounding neighborhoods and should be sensitive to a significant pedestrian population, but also provide for adequate and safe vehicular access. The Community Business I District is designed to be located primarily along streets which serve multiple  residential neighborhoods” (UDO Sec. 7-8-12). - The proposed rezoning petition is compatible with the surrounding land uses, including: - Commercial uses to the north, south, and west of the subject property along Broad and Charlotte Streets. - Single-family residential neighborhoods generally surrounding the subject property.  Committee(s): - Planning & Zoning Commission (PZC) - December 3, 2025 - Approved (Vote 6:0) Pro(s): - Allows the existing building to be occupied by a new use and provides greater flexibility for future use of the property. Con(s): - None identified. Mr. Collins reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He then provided the zoning district comparison of the two districts, along with the pros and cons. He then provided the compatibility analysis. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. The Planning & Zoning Commission voted unanimously to approve the rezoning. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the rezoning. Mayor Manheimer opened the public hearing at 6:28 p.m., and when no one spoke, she closed the public hearing at 6:28 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2026-01-13","mt":"regular","id":"IV-C","ref":"ORD 5193","it":"public_hearing","t":"Public hearing / ordinance amending Chapter 7 of the Asheville Code of Ordinances to strike Section 7-7-7 (waiting period) and bring the Unified Development Ordinance into compliance with new state law (160D)","desc":"Assistant City Attorney Carly Gillingham said that this is the consideration of an ordinance amending Chapter 7 of the Asheville Code of Ordinances, to strike Section 7-7-7 (“Waiting period for subsequent applications”) to bring the UDO into compliance with new state legislation. This public hearing was advertised on January 2 and 9, 2026. Background: - On October 6, 2025, House Bill 926 was enacted into law by the state legislature and became Session Law 2025-94, “An Act to Provide Regulatory Relief to the Citizens of North Carolina.” - In pertinent part, SL 2025-94 contains the following amendment to Chapter 160D of the North Carolina General Statutes, “Local Planning and Development Regulation:” PROHIBIT WAITING PERIODS FOR REFILING OF DEVELOPMENT APPLICATIONS SECTION 11. G.S. 160D-601 is amended by adding a new subsection to read: \"(e) Withdrawn or Denied Applications. – A development regulation or unified development ordinance may not include waiting periods prohibiting a landowner, developer, or applicant from refiling a denied or withdrawn application for a zoning map amendment, text amendment, development application, or request for development approval.\" - The current language of the UDO, in Section 7-7-7, imposes a 12-month waiting period for resubmitting certain development applications in violation of the new legislation. Specifically, the language of Section 7-7-7 currently reads: Sec. 7-7-7. Waiting period for subsequent applications. (a) Waiting period - general. When an application for a zoning amendment has been approved or denied by the Asheville City Council, no rezoning application covering the same property shall be accepted or considered within 12 months after the date of the approval or denial. This restriction shall apply regardless of whether or not the new application is for a zoning classification different from the original application. (b) Waiting period - waiver. The waiting period required by this section may be waived by a three-fourths vote of Asheville City Council if it determines that there have been substantial changes in conditions or circumstances which may relate to the request. - The proposed text amendment will strike Section 7-7-7 in its entirety to bring the UDO in compliance with the new legislation. Council Goal(s): - A Well-Planned & Livable Community Committees: - Planning & Zoning Commission (PZC) - December 3, 2025. Adopted unanimously on a 6-0 vote with the condition to strike the entirety of Section 7-7-7. Originally, staff proposed striking only some of the language to keep waiting periods in place for approved—rather than withdrawn or denied—zoning amendment applications, which would have been the minimum to comply with the new legislation. Planning staff and Legal staff agree with PZC’s recommendation to strike the section in its entirety. Pros: - Allows for statutory compliance with NC Session Law 2025-94’s modifications to Chapter 160D of the North Carolina General Statutes. - Eliminates provisions of the UDO that conflict directly with state law. - Reduces the possibility of confusion or inefficiency that could result from UDO inconsistency with state law. Cons: - None. Staff Recommendation: - Staff recommends approval of this zoning text amendment. Ms. Gillingham explained that Section 7-7-7 currently has a 12 month waiting period for refiling approved or denied rezoning applications. New law prohibits any waiting period for withdrawn or denied development applications. This amendment will bring the section into compliance. She then reviewed the background information, along with the current language. She explained that the Planning & Zoning Commission originally considered the amendment to section (a), which would be the minimum to bring this section into compliance. It would have left in place a waiting period for subsequent zoning amendment applications where an application was previously approved by City Council. The new statute only mentions withdrawn or denied applications. After hearing input from Planning staff, the Commission decided there was little to no utility in treating approved applicants differently and it was best to strike Section 7-7-7 in its entirety. She explained the Comprehensive Plan review, along with the pros and cons. Staff recommends approval of the zoning text amendment. Mayor Manheimer opened the public hearing at 6:34 p.m., and when no one spoke, she closed the public hearing at 6:34 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2026-01-13","mt":"regular","id":"J","ref":"RES 26-9","it":"resolution","t":"Resolution ratifying an amendment for a one-year extension of the existing transit scheduling software contract with Remix/Via executed on January 1, 2026","desc":"Background: - The City of Asheville currently contracts with Remix/Via for scheduling software used by both city staff and the current ART Operations and Maintenance contractor, RATPDev, to create bus route schedules and develop driver rosters. - The current Remix/Via contract expired on December 31, 2025. - The city is seeking proposals for a new ART Operations and Maintenance contractor, which may result in the need for the City to use a different scheduling software when the new ART contract begins on July 1, 2026. - This amendment is being sought so that City staff can continue using the software while the Operations and Maintenance contract is being finalized, either with the current vendor or a different vendor. - Staff will determine the appropriate process for bidding scheduling software upon determining which software the selected operations and maintenance vendor is using. Vendor Outreach Efforts: - N/A this is a current contract.  Committee(s): - N/A Pro(s): - To allow City staff to continue using the software through the transition process while the Operations and Maintenance contract is being finalized, either with the current vendor or a different vendor. Con(s): - Remix/Via only has an option for one year contracts. Fiscal Impact: - One year extension quote is $27,400. Current contract total is $96,000; bringing the contract total to $123,400. - Funding is available in the Transit Fund operating budget.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-01-13","mt":"regular","id":"K","ref":"RES 26-10 / ORD 5190","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Ardurra Group Inc. for the initial phase of the Stormwater System Inventory and Assessment; and budget amendment (ORD 5190) to utilize available Stormwater fund balance to fully fund the contract","desc":"","c":"Environment & Sustainability","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-01-13","mt":"regular","id":"L","ref":"RES 26-11","it":"resolution","t":"Resolution authorizing the City Manager to apply for a Helene Recovery Recycling Infrastructure Grant, and if awarded, enter into a contract with the N.C. Dept. of Environmental Quality to accept funding as a subrecipient","desc":"Background: - NCDEQ has received grant funding from the EPA to provide grants to local governments in Western North Carolina to improve recycling and waste reduction infrastructure. - North Carolina local governments can apply for EPA funding through NCDEQ for the Helene Recovery Recycling Infrastructure Grant for up to $5,000,000 with a project life of up to 3 years, with no match required. - NCDEQ is currently accepting viable, well-planned proposals for projects that will expand, rebuild, or improve waste reduction, composting, and recycling programs to improve the resiliency of the region's waste reduction infrastructure. - Hurricane Helene has resulted in an excess of vegetative and organic waste materials in Western North Carolina, overloading our local yard waste processing facilities. - This excess of vegetative waste has resulted in significant price increases for residential yard waste disposal, as well as an inability of local yard waste facilities to accept residential leaves. - The City’s disposal site for concrete and asphalt waste (inert material) is approaching capacity and a long-term solution for this waste is needed. - The City intends to apply for a grant to build our capacity to internally process wastes; to evaluate and provide recommendations for operational changes and infrastructure to process larger volumes of organic and inert waste; and to fund implementation of feasible recommendations. - NCDEQ has indicated that applicants may receive partial funding, as well as that additional grant funding may be available after the initial grant award. - The City will prioritize items within the grant application, and align the scope of the initial contract with NCDEQ with the amount awarded. - If a feasibility study recommends tasks that are beyond the grant capacity, the City will amend the contract with NCDEQ and/or seek additional grant funding. - This grant will align well with the solid waste master planning process, and tasks that remain unfunded, but needed, can be integrated into the long term solid waste plan. Vendor Outreach Efforts: - N/A  Committee(s): - N/A Pro(s): - Leverages available recovery funding to improve the City’s capacity to manage and reduce waste with no City-funded match required - Supports City efforts to meet waste reduction goals Con(s): - None Fiscal Impact: - Grants are available for up to $5,000,000. No local match is required.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2026-01-13","mt":"regular","id":"M","ref":"RES 26-12","it":"resolution","t":"Resolution authorizing the City to procure, through a sole source purchase, Res Q Jack rescue equipment from authorized distributor Emergency Apparatus","desc":"Background: - The Asheville Fire Department is equipping a new Heavy Rescue Apparatus. - The new apparatus will contain all the equipment necessary to execute a rescue or sustain initial operational periods in Heavy Vehicle and Machinery Extrication. - When called to an event as a local resource, this apparatus will be able to initiate initial operations that set up the event for prolonged success with interoperable equipment. - When called as a NC EM or resource to the Task Force, the apparatus will have all interoperable equipment needed to engage with NC resources as well as be the primary asset for a complete resource or heavy vehicle complement. - All NC Emergency Management resources are equipped with Paratech rescue struts and equipment, the Res Q Jack Super X is the only interoperable strut with Paratech components. - Res Q Jack Super X is the only interoperable Heavy Vehicle strut with Paratech. - Per NC General Statute 143-129(e)(6)- The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. as equipment compatibility is the overriding concern. - The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(6)(i) when price competition for a product is not available (ii) a needed product is available from only one source or supply. Vendor Outreach Efforts: - Researched cooperative purchasing listings for Res Q Jack. None found. - Contacted Res Q Jack company in Elmira, NY, who referred to Emergency Apparatus as their current exclusive authorized dealer in NC.. - Letter from Res Q Jack and Emergency Apparatus to confirm above claims. Council Vision 2036 Focus Area(s): - Fiscally Resilient City Council Priority Recovery Area(s): - People Committee(s): - N/A Pro(s): - Vendor is the current exclusive authorized dealer for NC for the Res Q Jack. - Vendor possesses thorough knowledge of equipment and maintenance. - Existing relationship between manufacturer and vendor. - Increases purchasing efficiency with the known authorized dealer of this the sole source product. Con(s): - None known. Fiscal Impact: - Funding for this purchase will come from the approved budget within the Capital Improvement Program (CIP) as part of the annual vehicle replacement program.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2026-01-13","mt":"regular","id":"N","ref":"RES 26-13","it":"resolution","t":"Resolution authorizing the City Manager to execute a Memorandum of Agreement with Buncombe County detailing the terms of use for the Buncombe County Emergency Services Training Facility","desc":"Background: - This MOA replaces an existing agreement. - Having an MOA in place is necessary to ensure that the terms of use are established for the City and for the County. - Having appropriate access to the facility is necessary to ensure that the training of Asheville Public Safety personnel can continue uninterrupted. - As two of the largest public safety agencies in Buncombe County, Asheville Fire and Police Departments have unique needs related to the safety training facility. In order to document how these needs will be addressed, the City and County are committed to working on an addendum to this MOA which will establish the specific requirements and allowable uses of the facility. Examples of some unique uses include: - Access to administrative and training spaces that accommodate two fire recruit classes annually. - Access to the facility and scheduling arrangements that allow for required training of all Asheville public safety personnel. - Facility maintenance agreements for the City and Buncombe County to ensure efficient and safe use of the facility. - The addendum is under development and is anticipated to be complete in the spring of 2026. This document will be brought to the City Council for review and approval upon completion. - As an interim solution to having an addendum in place, the County has agreed to allow Asheville Fire Training staff to continue to operate as they have under the previous agreement. This will ensure that the spring 2026 recruit class will have access to the facilities without disruption to their training protocol. Vendor Outreach Efforts: - N/A - As an interjurisdictional agreement with another government agency outreach is not performed.  Committee(s): - This has not been through any committee as this is a replacement for an existing agreement.  Pro(s): - This document creates an up to date user agreement between the City and the County. - This document clarifies the general terms of use and the expectations of both parties. - There is a commitment to completing an addendum to this document which will determine the specific uses of the facility in order to meet the unique needs of the Asheville Public Safety Departments Con(s): - None Fiscal Impact: - None","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2026-01-13","mt":"regular","id":"consent-budgetcal","ref":"","it":"motion","t":"Amend the budget calendar to reschedule the budget public comment period from January 27, 2026 to February 10, 2026","desc":"THE JANUARY 27, 2026, BUDGET PUBLIC COMMENT PERIOD TO FEBRUARY 10, 2026 Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://drive.google.com/file/d/1pu7MR7iSppPubb9OQuoL9bwyfuD5n6lM/view?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2026-01-27","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the Agenda Briefing Worksession held January 8, 2026 and the formal meeting held January 13, 2026","desc":"Background:  (DR-4827-NC), producing unprecedented impacts on the City’s infrastructure, economy, and  housing.  FEMA or other federal agencies, Congress may appropriate additional recovery funding through  the United States Department of Housing and Urban Development’s (HUD) Community  Development Block Grant-Disaster Recovery (CDBG-DR) Program.  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-01-27","mt":"regular","id":"B","ref":"RES 26-14","it":"resolution","t":"Resolution authorizing the City Manager to enter into subrecipient agreements with Mountain BizWorks, Venture Asheville, Arts AVL, and Eagle-Market Streets Development Corporation to provide grant administration support services for the Asheville small business community affected by Tropical Storm Helene","desc":"Background:  (DR-4827-NC), producing unprecedented impacts on the City’s infrastructure, economy, and  housing.  FEMA or other federal agencies, Congress may appropriate additional recovery funding through  the United States Department of Housing and Urban Development’s (HUD) Community  Development Block Grant-Disaster Recovery (CDBG-DR) Program.  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-01-27","mt":"regular","id":"C","ref":"RES 26-15","it":"resolution","t":"Resolution directing the City Attorney to formally intervene in the North Carolina Utilities Commission Docket E-100 Sub 207 of Duke Energy's Carbon Plan","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-01-27","mt":"regular","id":"D","ref":"RES 26-16","it":"resolution","t":"Resolution authorizing the City Manager to apply for grants in the Helene Recovery Fund for Parks and Recreation Trust Fund (PARTF) 2025-26 in North Carolina, and authorizing acceptance and execution of related documents","desc":"the Helene Recovery Fund for Parks and Recreation Trust Fund (PARTF) 2025-2026 in the State  of North Carolina, and authorizing the City Manager to accept funds if granted, and to execute all  documents related to implementation and management of Helene Recovery funds for PARTF  2025-2026 North Carolina Grant Program.  Background:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-01-27","mt":"regular","id":"E","ref":"","it":"motion","t":"Motion to direct staff to send the response to the Auditor's findings, recommendations, and fiscal matters to the Secretary of the Department of State Treasurer regarding the City's 2025 audit, upon obtaining signatures from a majority of City Council members","desc":"Background:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-01-27","mt":"regular","id":"F","ref":"RES 26-17","it":"resolution","t":"Resolution authorizing the City Manager to execute an easement agreement with Marie and William Cross for a portion of right-of-way adjacent to their property at 44 Elk Mountain Ridge Road","desc":"Background:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-01-27","mt":"regular","id":"G","ref":"RES 26-18","it":"resolution","t":"Resolution authorizing staff to submit a formal letter to Congressional leadership and North Carolina delegation members requesting a direct additional CDBG-Disaster Recovery allocation from HUD and authorizing the City Manager to execute documents to accept funds if allocated","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-01-27","mt":"regular","id":"H","ref":"RES 26-19","it":"resolution","t":"Resolution authorizing staff to submit a request to the NC Congressional delegation requesting federal authorization and funding for a City of Asheville comprehensive water system resiliency and capacity enhancement project, and authorizing the City Manager to execute documents to accept funds if allocated","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-01-27","mt":"regular","id":"I","ref":"ORD 5194","it":"ordinance","t":"Ordinance amending Chapter 2, Article IV, Division 3 of the Code of Ordinances to specify permitted personnel representation in grievance hearings","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-01-27","mt":"regular","id":"II-amend","ref":"","it":"motion","t":"Amend the agenda to add to the Consent Agenda a motion to amend the budget calendar to reschedule the budget public comment period from February 10, 2026 to February 24, 2026","desc":"","c":"Administrative","mo":"procedural","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-01-27","mt":"regular","id":"IV-A","ref":"RES 26-20","it":"public_hearing","t":"Public hearing / resolution approving a performance-based economic development incentive grant to support Project Vessel (not to exceed $35,000 over a three-year agreement)","desc":"Economic Development Division Manager Rachel Taylor said that this is the consideration of a resolution authorizing the City Manager to enter into a performance-based economic development incentive grant agreement to support Project Vessel, in an amount not to exceed $35,000 over a three-year grant agreement. This public hearing was advertised on January 16, 2026.  Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact   Ms. Taylor reviewed the following key takeaways for Project Vessel - Creative manufacturing company specializing in home goods. Project supports an accelerated expansion to double production capacity by early 2026 (1) Total Investment: $2.5M in taxable investments; (2) Jobs and Wages: 40 jobs; Average wage: $54,080 ($26/hour); (3) Benefits: Healthcare, dental, 401K matching, and additional benefits; (4) Anticipated Timeline: 1 year for buildout; (5) Locations: The City is one of three locations being considered for this project; and (6) All incentives are paid as annual reimbursements for City taxes paid, upon completion of improvements and hiring workers. Regarding the City’s Incentive Program (1) Economic Development Policy (a) Resolution #97-175 (1997) established City of Asheville’s Economic Development Policy; - Resolution #15-140 (2015) amended the policy to establish a Living Wage benchmark for jobs; and (b ) Designed to stimulate private sector investment, economic growth and job creation by offering grants consistent with the policy and availability of funds; and (c) Establishes a consistent manner for the City’s participation in the development of business activity which will have a significant and positive effect on the economic health of the community; (2) Partnership Model (a) The City partners with the Economic Development Coalition (EDC) to facilitate negotiations; and (b) State of North Carolina, Buncombe County, and the City of Asheville work together to leverage competitive incentive packages; and (3) Industrial Development and Business Development Grants (a) Based on company’s taxable investment, up to a maximum of 90% of taxable capital investment and 7 years; (b) Structured as a 5–7-year grant based on performance (hiring, upfit, construction, paying annual taxes); (c) Initial proposal reviewed in closed session, final approval is subject to a public hearing; and (d) Confidentiality aids our negotiations and competitiveness. About the project overview (1) The company is a creative manufacturer of ceramics and other home goods; (2) The company has grown steadily over the last decade, doubled its production capacity from last year, and employs 120 employees; (3) The proposed expansion aims to meet the following needs: (a) Streamline fulfillment and keep it in-house, retaining 10-15 jobs; and (b) Expand and streamline production operations to double capacity; (4) The company is discussing expanding and upfitting one of its local facilities; (5) The expansion allows the company to meet growing demand while working toward a 10 year vision for a larger campus to showcase production, tours, and goods; (6) The primary drivers of the decision include proximity to existing facilities and incentive support; (7) The company is also considering the following locations: Asheville, NC; Henderson County, NC; Greenville, South Carolina; and (8) Investment Timeframe: 1-3 years – includes decision, announcement, investments, and job creation. Project commitments include (1) Investment - Total Investment: $2.5M (a) Property improvements: $500K; and (b) Business Personal Property, Machinery, and Equipment: $2M; (2) Jobs, Wages, and Benefits (a) Total new jobs: 40; (b) Average Wage: $54,080 or $26/hour - General Labor: 30 positions; $23/hour ($47,840/annual); Warehouse: 5 positions; $23/hour ($47,080/annual); Supervisor: 3 positions; $35/hour ($72,800/annual); Engineering/Technical Positions: 2 positions; $67/hour ($140,000/annual); and (c) Benefits: Healthcare, dental, PTO, EAN, 401K matching, and additional benefits; and (3) Additional Commitments - Commitment to the Inclusive Hiring Program and Operation Gateway. Staff recommends entering into a performance-based economic development incentive grant agreement to support Project Vessel, in an amount to not exceed $35,000 over a three-year agreement - Per Economic Development Policy, incentives will be paid over a 1-3 year period, subject to the completion of improvements and hiring of workers as outlined in an Economic Development Agreement.   Mayor Manheimer opened the public hearing at 11:27 a.m., and when no one spoke, she closed the public hearing at 11:27 a.m.   Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.","c":"Economic Development","mo":"public_hearing","mv":"Roney","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":1,"mr":"involves money or contract","sq":11},{"d":"2026-01-27","mt":"regular","id":"IV-B","ref":"ORD 5195","it":"public_hearing","t":"Public hearing / ordinance to rezone 22 Broad Street from RM-8 Residential Multi-Family Medium Density District to Community Business I District","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 22 Broad Street from RM-8 Residential Multi-Family Medium Density District to Community Business I District. This public hearing was advertised on January 16 and 23, 2026.  Project Location and Contacts:  Summary of Petition:  Staff Recommendation:  Comprehensive Plan Consistency:  Compatibility Analysis:  Committee(s):  Pro(s):  Con(s):  UDO District Comparison  UDO Provision  Residential Multi-Family Medium Density (RM-8) - Existing  Community Business I (CBI) - Proposed  Allowed uses: - Multi-Family - Single-Family Detached - Duplex - Townhouse - Accessory Dwelling Unit - Cottage Development - Limited public, institutional, and recreational uses - Multi-Family - Single-Family Detached - Duplex - Townhouse - Accessory Dwelling Unit - Limited public, institutional, and recreational uses - Commercial, office, and retail uses  Density:  2 units for first 4,000 SF lot area and an additional unit for each additional 1,000 SF of lot area  None.  Lot Size Minimum:  Min. 4,000 s.f.  None.  Lot Width Minimum:  Min. 40’  None.  Building Height:  Max. 40’  Max. 40’  Building Setbacks:  Front: 15’, Side: 6’ min, Rear: 15’ min  Front: 0’-15’, Side: 0’, Rear: 0’  Parking  Standard (1 per unit typically)  None required for residential uses and most commercial uses.   Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He then provided the zoning district comparison of the two districts, along with the pros and cons. He then provided the compatibility analysis. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. The Planning & Zoning Commission voted unanimously to approve the rezoning. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the rezoning.   Vice-Mayor Mosley opened the public hearing at 11:32 a.m., and when no one spoke, she closed the public hearing at 11:32 a.m.   Vice-Mayor Mosley said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2026-01-27","mt":"regular","id":"IV-C","ref":"ORD 5196","it":"public_hearing","t":"Public hearing / ordinance amending the Unified Development Ordinance to amend Section 7-14-1 to allow existing non-conforming structures to be converted into accessory dwelling units without Board of Adjustment review","desc":"Planning & Urban Design Director Stephanie Dahl Baum said that this is the consideration of an amendment to the Unified Development Ordinance to amend Section 7-14-1 that would allow existing nonconforming structures to be converted into Accessory Dwelling Units without Board of Adjustment review. This public hearing was advertised on October 17 and 24, 2025. On October 28, 2025, this public hearing was continued to this date.  Background:  Community Outreach and Feedback:  Comprehensive Plan Consistency:  Council Goal(s):  Boards/Committees:  anti-displacement strategy.  Pros:  Cons:  Staff Recommendation:   Ms. Dahl explained what an Accessory Dwelling Unit (ADU) is, along with the definition of nonconforming structures. The amendment summary is to allow owners of (existing yet) non-conforming structures the right to turn them into ADUs without having to first apply for and receive a variance at a quasi-judicial hearing at the City’s Board of Adjustment. ADUs are already a use by right in all residential zoning in the City; this amendment would equalize the process for all.   Urban Planner Sam Starr-Baum explained the amendment context for housing. Amendment benefits include (1) remove barriers to our community’s use of existing neighborhood structures for new housing; (2) promote the creation of smaller units, which can be the most affordable units; (3) simplify the pathway for residential property owners with limited access to capital to create more wealth via home-ownership; (4) support existing residents being able to age in place, or take care of family and friends in need of a place to live; and (5) reduce the number of volunteer and staff hours spent hearing cases at the Board of Adjustment.   Ms. Dahl then reviewed the various community concerns addressed by staff during the outreach. She said the Planning & Zoning Commission recommended adoption using Appendix 7F - During Commission discussion on 10/01/25, there was some questions about whether or not it was appropriate for them to recommend adoption of this ordinance without having a specific anti-displacement strategy attached to it, and some confusion about whether or not Council wanted to see any proposed amendments at this time. The staff recommendation was adoption of the amendment “as is” - Staff believes that removing barriers to using buildings that already exist as new housing is- as presented in the Comp Plan, The Missing Middle/Displacement Analysis Study, and the Affordable Housing Plan- one small way that the City can address the housing crisis and concerns about how we can keep existing residents here in Asheville.   She explained the alternatives to Appendix 7F - Appendix 7F was adopted by Council on March 11, 2025. It is a list of ~2,000 parcels that, when added to another ordinance, are left out/carved out from new regulations/changes to regulations.. The intention of Appendix 7F is to protect more vulnerable communities from any potential negative impacts due to rapid changes; but in practice staff believe its use and effectiveness are questionable; Staff presents three general reasons why 7F is a less-than-ideal zoning tool, and one reason why it is particularly problematic in this specific case; staff suggests a new path forward (a) The Subdivision Loophole: Because the restriction is attached to the parcel number, it is impermanent. If a property owner subdivides a lot, the property is technically no longer part of Appendix 7F; (b) Administrative Confusion: It complicates how property owners and staff understand what rules apply by imposing zoning-like restrictions via a text ordinance list rather than a map overlay; property owners have to to be expert-level UDO user to know how the ordinance works; (c) The Protection Paradox: \"Protecting\" these areas by limiting development rights may help some vulnerable homeowners by limiting the change; but it actively suppresses generational wealth building by limiting the utility of being a property owner, harming others; and (d) Legal Concerns: For this amendment especially, the City’s Legal team cautions that inclusion of the 7F exclusion would place the entire zoning amendment in legal jeopardy, and expose the City to numerous challenges from property owners within the 7F areas. A New Path: Instead of adopting this ordinance with Appendix 7F, staff seeks to work with the Planning and Zoning Commission and the community on alternatives to Appendix 7F that can be used as a stopgap or interim tool in advance of the planned UDO Update. Staff’s suggested motion is to recommend approval of the proposed text amendment to Chapter 7 of the Asheville Code of Ordinances and find that the proposed amendment is reasonable, in the public interest, consistent with the City's comprehensive plan and meet the development needs of the community in that the amendment will encourage responsible growth by: (1) standardizing and clarifying the process for all residential property owners to create backyard ADUs through by-right adaptive reuse; (2) using existing building inventory for infill development and aging in place; and (3) improving government efficiency.   Mr. Starr-Baum responded to Councilwoman Ullman regarding the clarification of parking.   In response to Vice-Mayor Mosley, Ms. Dahl said that Air B&B’s are part of a larger concern. We have clear regulations and enforcement.   In response to Councilman Hess, City Attorney Branham said that the City does not allow any new short-term whole home rentals. We do have Code Enforcement staff.   Mayor Manheimer opened the public hearing at 11:59 a.m.   Two individuals spoke in support of the amendment, without the inclusion of Appendix 7-F.   Mayor Manheimer closed the public hearing at 12:03.p.m.   Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2026-01-27","mt":"regular","id":"J","ref":"","it":"motion","t":"Motion to amend the budget calendar to reschedule the February 10, 2026 budget public comment period to February 24, 2026","desc":"Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-01-27","mt":"regular","id":"V-A","ref":"RES 26-21","it":"resolution","t":"Resolution authorizing the City Manager to execute all contracts, grants, and loan agreements, after City Attorney approval, with the designated agencies for the 2025-2026 HOME Investment Partnership Program","desc":"Community Development Analyst Kaylee Pulliam said that this is the consideration of a resolution authorizing the City Manager to execute all contracts, grants, and loan agreements, after approval by the City Attorney, with the designated agencies for the 2025-2026 HOME Investment Partnership program authorizing the City Manager to execute a contract with the selected HOME Subrecipients.  Background:  Committee(s):   Pro(s)  Con(s)  Fiscal Impact:   Ms. Pulliam said that the following are the key takeaways from their presentation: (1) The City of Asheville receives an annual allocation of HOME Investment Partnerships Program (HOME) funding from the U.S. Department of Housing and Urban Development (HUD) as the designated Participating Jurisdiction (PJ) for the Asheville Regional Housing Consortium (ARHC); (2) HOME funds are invested across the consortium area, which comprises Buncombe County, Henderson County, Transylvania County, and Madison County; (3) In June 2025, the ARHC recommended and City Council approved the funding strategy for the 2025 HOME grant; (4) The City undertook an application process to select subrecipient partners to activate this funding on the consortium’s behalf; and (5) Staff are requesting approval and authorization to enter into funding agreements with the consortium’s recommended subrecipient partners.  She then reviewed the FY 2025-26 HOME funding recommendations, stating that in June 2025, the ARHC and City Council approved the following program funding allocations for the 2025-26 HOME grant:  Program  Funding Allocation  Tenant-Based Rental Assistance  $300,000  Down Payment Assistance  $400,000  Homeowner Rehabilitation (Repair)  $587,602  She said the City undertook an application process to select subrecipient partners to activate this funding on the consortium’s behalf from November 10, 2025, to December 10, 2025. The ARHC Funding Committee convened on January 7, 2026 and made the following award recommendations which were approved unanimously by the Asheville Regional Housing Consortium on January 14, 2026.  For Tenant based rental assistance - $300,000 available:  Organization  Requested Amount  Recommended Award  Helpmate Inc.  $170,000  $170,000  Housing Authority of the City of Asheville  $75,000  $75,000  ARC of Buncombe County  $50,000  $55,000  Total  $300,000  Available for Future Awards  $0   For Down payment assistance - $400,000 available:  Organization  Requested Amount  Recommended Award  Henderson County Habitat for Humanity  $200,000  $200,000  Total  $200,000  Available for Future Awards  $200,000   For Homeowner rehabilitation - $587,602 available:  Organization  Requested Amount  Recommended Award  Community Housing Coalition of Madison County  $197,250  $200,000  The Housing Assistance Corporation  $204,000  $204,000  Total  $404,000  Available for Future Awards  $183,602   In summary: Tenant Based Rental Assistance - Helpmate - $170,000; Asheville Housing Housing Authority - $75,000; and ARC of Buncombe County - $55,000. Down Payment Assistance - Henderson County Habitat for Humanity - $200,000. Homeowner Rehabilitation - Community Housing Coalition of Madison County - $200,000; and Housing Assistance Corporation - $204,000. He then went through the 2025-26 unallocated funds.   Upon inquiry of Councilman Hess, Ms. Pulliam explained what Helpmate will use this money for.   When Mayor Manheimer asked for public comments, none were received.   Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Ullman","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1eXso-2ZBIJxsoCUxXij5yQlZgCvJooSzBK8svFa27J4/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2026-02-24","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the Agenda Briefing Worksession held January 22, 2026 and the formal meeting held January 27, 2026","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-02-24","mt":"regular","id":"B","ref":"RES 26-22","it":"resolution","t":"Resolution ratifying the execution of all necessary documents with the Housing Assistance Corporation to provide HOME funding for the Apple Ridge affordable rental housing construction project","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Housing","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-02-24","mt":"regular","id":"C","ref":"RES 26-23 / RES 26-24","it":"resolution","t":"Resolutions to permit possession and consumption of malt beverages and/or unfortified wine at the Chai Pani Holi Celebration (March 6, 2026) and at the Downtown After 5 events (April 17, May 15, June 19, August 21, 2026)","desc":"Background:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-02-24","mt":"regular","id":"D","ref":"RES 26-25","it":"resolution","t":"Resolution authorizing the City Manager to enter into a general services contract with City Wide Facilities Solution for cleaning services at the WNC Nature Center","desc":"Background:  Vendor Outreach Efforts:   1. City Wide Facilities Solutions, Spartanburg, SC, $28,500  2. Asset Commercial Services, Asheville, NC, $31,140  3. Esther & Mays Group, LLC, Charlotte, NC, $48,300.00  4. Gracious Cleaning Company, LLC, Gastonia, NC., $129,600  5. Hadasah, LLC, Cherryville, NC, $84,480  6. Harper Cleaning Group, Swannanoa, NC, $62,400  7. Raynetta And Company Enterprise, LLC, Asheville, NC, $76,381.20  8. SYMPL, LLC, Charlotte, NC, $56,000  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-02-24","mt":"regular","id":"E","ref":"RES 26-26","it":"resolution","t":"Resolution authorizing the City Manager to amend the Harrah's Cherokee Center Asheville's contract with Labor Finders Inc. for staffing services to extend the contract length by 4 months","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-02-24","mt":"regular","id":"F","ref":"RES 26-27","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Chonzie, Inc. to perform the predictive modeling service line inventory for the Water Resources Department","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-02-24","mt":"regular","id":"G","ref":"RES 26-28","it":"resolution","t":"Resolution in support of Buncombe County's participation in the Commercial Property Assessed Capital Expenditure program","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Economic Development","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-02-24","mt":"regular","id":"H","ref":"RES 26-29 / ORD 5197","it":"resolution","t":"Resolution authorizing the City Manager to accept the FY 2024 Assistance to Firefighters Grant from FEMA; and budget amendment (ORD 5197) to expend grant funds for wildland personal protective equipment","desc":"Background:  Vendor Outreach Efforts:  Council (Goal(s):  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-02-24","mt":"regular","id":"I","ref":"ORD 5198","it":"ordinance","t":"Budget amendment for Fire Department to expend donation funds for approved special projects and internal departmental initiatives","desc":"Background:  Vendor Outreach Efforts:  Council Vision 2036 Focus Area(s):  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-02-24","mt":"regular","id":"J","ref":"RES 26-30","it":"resolution","t":"Resolution authorizing the Purchasing Manager to execute documents to effectuate the donation and transfer of surplus equipment (a 2018 electric GEM car) to Mars Hill University","desc":"Background:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2026-02-24","mt":"regular","id":"K","ref":"RES 26-31","it":"resolution","t":"Resolution ratifying the submission of an application for a 2026 BUILD grant from the US DOT for a planning grant to study multimodal improvements for the Hilliard Avenue Corridor Study","desc":"Background:   Goal(s):  Committee(s):  Fiscal Impact:","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2026-02-24","mt":"regular","id":"L","ref":"RES 26-32","it":"resolution","t":"Resolution authorizing the City Manager to execute a ten-year interlocal agreement among the City, Buncombe County TDA, Black Mountain, Weaverville, Woodfin, and Buncombe County for the Regional Wayfinding Program; and an MOU with the TDA","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Economic Development","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2026-02-24","mt":"regular","id":"M","ref":"RES 26-33","it":"resolution","t":"Resolution authorizing the City Manager to increase the existing contract with CMV Syncromatics for digital signage at the Asheville Rides Transit Center at 49 Coxe Avenue and extend the contract by one year","desc":"Background:  Vendor Outreach Efforts:  Committee(s): N/A  Pro(s):  Con(s):  Fiscal Impact:","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2026-02-24","mt":"regular","id":"N","ref":"RES 26-34","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with French Broad Paving Inc. for the FY 2026 asphalt resurfacing contract","desc":"Background:  Vendor Outreach Efforts:  French Broad Paving, Inc. of Marshall. NC $2,745,113.30  Tarheel Paving and Asphalt, Inc. of Hendersonville, NC $2,808,316.13  APAC-Atlantic, Inc., Asheville Division of Asheville, NC $3,667,867.71  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2026-02-24","mt":"regular","id":"O","ref":"RES 26-35","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Hazen and Sawyer, P.C. and enter into change orders not to exceed the contingency amount for the Edwin Place, Celia Place and Canterbury Drive Drainage Improvements Project","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2026-02-24","mt":"regular","id":"P","ref":"ORD 5199","it":"ordinance","t":"Ordinance amending Section 10-85 of the Code of Ordinances regarding prohibited acts related to noise regulation","desc":"Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:","c":"Community Programs","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2026-02-24","mt":"regular","id":"VI-A","ref":"ORD 5200 / ORD 5201","it":"ordinance","t":"Ordinance amending the FY 2025-26 Fees & Charges Manual to increase fees at Aston Park Tennis Center; and associated budget amendment (ORD 5201) of $12,100 for additional anticipated revenue","desc":"Director of Community & Regional Entertainment Facilities Chris Corl said that this is the consideration of an ordinance amending the Fiscal Year 2025-26 Fees and Charges Manual to increase fees at Aston Park Tennis Center, and approval of an associated budget amendment of $12,100 account for additional anticipated revenue.  Background:  Vendor Outreach Efforts:  Committee(s):  Pro(s):  Con(s):  Fiscal Impact:   When Mayor Manheimer asked for public comments, none were received.   Mayor Manheimer said that members of Council have previously received a copy of the two ordinances and they would not be read.","c":"Budget & Finance","mo":"individual","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2026-02-24","mt":"regular","id":"VI-C-1","ref":"RES 26-36","it":"appointment","t":"Resolution appointing members to the Affordable Housing Advisory Committee (Mike Holmes; Michael Pesant)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing members to the Affordable Housing Advisory Committee.  Barbara Philip has resigned as a member of the Affordable Housing Advisory Committee, thus an unexpired term until September 1, 2028. In addition, Rita Lee has resigned, thus leaving an unexpired term until September 1, 2026. In accordance with Resolution No.25-194 adopted by City Council on August 26, 2025, “notwithstanding any pre-existing established terms of membership, all members of the advisory boards listed below [Affordable Housing Advisory Committee was listed] whose terms expired while their respective board or commission has been suspended, or whose term will expire before June 30, 2027, will receive an extension of their term until June 30, 2027.”  The following individuals applied for these vacancies: Will Duncan, Joel Henderson, Mike Holmes, Michael Edward Pesant and Mark Whyman.  The Chair and staff liaison of the Affordable Housing Advisory Committee recommended Mike Holmes and Michael Pesant.","c":"Housing","mo":"individual","mv":"Roney","sec":"Smith","r":"passed","ta":"6-1","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":19},{"d":"2026-02-24","mt":"regular","id":"VI-C-2","ref":"RES 26-37","it":"appointment","t":"Resolution appointing a member to the Audit Committee (Randall Hall, CPA/CPA-retired seat)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing a member to the Audit Committee.  Deb Evenchik (CPA or CPA-retired seat) resigned as a member of the Audit Committee, thus leaving an unexpired term to May 1, 2026. In accordance with Resolution No.25-194 adopted by City Council on August 26, 2025, “notwithstanding any pre-existing established terms of membership, all members of the advisory boards listed below [Audit Committee was listed] whose terms expired while their respective board or commission has been suspended, or whose term will expire before June 30, 2027, will receive an extension of their term until June 30, 2027.”  The following individual applied for the vacancy: Randall Chris Hall.  The Chair and staff liaison of the Audit Committee recommended appointment of Randall Hall.","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":20},{"d":"2026-02-24","mt":"regular","id":"VI-C-3","ref":"RES 26-38","it":"appointment","t":"Resolution appointing a member to a board (Billy Johnson, Regular seat, replacing Elliott Smith)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing a member to the Board of Adjustment.  Elliot Smith’s term as a regular member of the Board of Adjustment is not eligible to continue serving since Board of Adjustment member appointments from the City of Asheville must be City residents, thus leaving a vacancy January 21, 2029.  The following individuals applied for the vacancies: Joseph Fitzgerald, Billy Bruce Johnson Jr. and Michael Edward Pesant.  The Chair and staff recommend appointing Billy Johnson Jr. to a regular seat to fill the vacancy left by Elliot Smith.","c":"Boards & Appointments","mo":"individual","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":21},{"d":"2026-02-24","mt":"regular","id":"VI-C-4","ref":"RES 26-39","it":"appointment","t":"Resolution appointing a member to the Buncombe County Tourism Development Authority (Kyle Highberg)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority (TDA).   Matthew Lehman’s term, as owner/operator of hotels, motels, and bed and breakfasts with more than 100 rental units, resigned, thus leaving an unexpired term until August 31, 2027.   The following individuals applied for the vacancy: Dexter Hazel, Kyle Highberg and Colin McBeath.   The Chair and staff recommend appointing Kyle Highberg to fill Mr. Lehman’s seat.","c":"Economic Development","mo":"individual","mv":"Ullman","sec":"Manheimer","r":"passed","ta":"5-2","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":22},{"d":"2026-02-24","mt":"regular","id":"VI-C-5","ref":"RES 26-40","it":"appointment","t":"Resolution appointing a member to the Multimodal Transportation Committee (Jonathan Anzolitto, ex-officio non-voting P&Z seat)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing a member to the Multimodal Transportation Commission..  Jared Wheatley is no longer eligible to serve as the ex-officio, non-voting seat reserved for the Planning & Zoning Commission representative, thus leaving an unexpired term until August 14, 2026. In accordance with Resolution No.25-194 adopted by City Council on August 26, 2025, “notwithstanding any pre-existing established terms of membership, all members of the advisory boards listed below [Multimodal Transportation Committee was listed] whose terms expired while their respective board or commission has been suspended, or whose term will expire before June 30, 2027, will receive an extension of their term until June 30, 2027.”  The Planning & Zoning Commission recommended appointment of Jonathan Anzolitto.","c":"Transportation","mo":"individual","mv":"Hess","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":1,"mr":"policy category","sq":23},{"d":"2026-02-24","mt":"regular","id":"VI-C-6","ref":"RES 26-41","it":"appointment","t":"Resolution appointing members to the Neighborhood Advisory Committee (Lukas Ray; Richard Wallace; Lindsay Johnson-White)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing members to the Neighborhood Advisory Committee (NAC).  Sandra Frempong (28805 representative), Dane Barrager (at-large representative) and Jo Taylor (28804 representative) resigned thus leaving three unexpired terms until July 1, 2026. In addition, Jaik Smith (at-large representative) resigned, thus leaving an unexpired term until July 1, 2027. In accordance with Resolution No.25-194 adopted by City Council on August 26, 2025, “notwithstanding any pre-existing established terms of membership, all members of the advisory boards listed below [Neighborhood Advisory Committee was listed] whose terms expired while their respective board or commission has been suspended, or whose term will expire before June 30, 2027, will receive an extension of their term until June 30, 2027.”   The following individuals applied for the vacancies: Janet Canfield, Rose Forbes, Lindsey Jordan Johnson-White, Emily Palumbo, Lukas Ray and Richard Austen Wallace.   Councilwoman Roney, liaison for NAC, suggested leaving one at-large seat open since the Committee is not meeting.   The Chair of the Commission provided a summary of strengths and considerations on each applicant.","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":24},{"d":"2026-02-24","mt":"regular","id":"VI-C-7","ref":"RES 26-42","it":"appointment","t":"Resolution appointing members to the Public Art & Culture Commission (Stacy Anderson; Kimberly Hundertmark)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing members to the Public Art and Culture Commission.  Rachel Hanson and Pete Perez have resigned, thus leaving two unexpired terms until June 30, 2026. In accordance with Resolution No.25-194 adopted by City Council on August 26, 2025, “notwithstanding any pre-existing established terms of membership, all members of the advisory boards listed below [Public Art& Culture Commission was listed] whose terms expired while their respective board or commission has been suspended, or whose term will expire before June 30, 2027, will receive an extension of their term until June 30, 2027.”   The following individuals applied for the vacancies: Stacy Anderson, Timothy Fischer, Joanna Gollberg, Christopher Knox Herndon, Will Hornaday, Kimberly Hundertmark, Courtney McCann, Althena Olszewski and Rigel Tim Pawlak.   The Chair recommended appointing Stacy Anderson and Kimberly Hundertmark.","c":"Boards & Appointments","mo":"individual","mv":"Hess","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":25},{"d":"2026-02-24","mt":"regular","id":"VI-C-8","ref":"RES 26-43","it":"appointment","t":"Resolution appointing a member to a board (Tynesha Carden, replacing Margaret Chandler)","desc":"Vice-Mayor Mosley said that this is the consideration of appointing a member to the Sustainability Advisory Committee..  Margaret Chandler has resigned, thus leaving an unexpired term until December 31, 2027.  The following individuals applied for the vacancies: Luisa Cajamarca, Robert Campbell, Tynesha Renee Carden, Gregory Cooper, Elizabeth Ecki and Coleman Christopher Enloe.  The Sustainability Advisory Committee and staff recommended appointment of Elizabeth Ecki or Tynesha Carden.","c":"Environment & Sustainability","mo":"individual","mv":"Smith","sec":"Smith","r":"unanimous","ta":"7-0","cf":"needs_review","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":26},{"d":"2026-02-24","mt":"worksession","id":"WS-closed-in","ref":"","it":"motion","t":"Motion to go into closed session (N.C. Gen. Stat. 143-318.11(a)(1) and (a)(3); attorney-client privilege re Hebb v. City of Asheville, Case No. 1:22-cv-00222)","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Ullman","r":"passed","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2026-02-24","mt":"worksession","id":"WS-closed-out","ref":"","it":"motion","t":"Motion to come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Ullman","sec":"Smith","r":"passed","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1N_xrRrRtP5bEwVzpYIs-6wOBhWVkpV01NJedCtn_aNQ/edit?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2026-03-10","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the Agenda Briefing Worksession held February 19, 2026 and the formal meeting held February 24, 2026","desc":"","c":"Administrative","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-03-10","mt":"regular","id":"B","ref":"RES 26-44","it":"resolution","t":"Resolution to rescind a loan allocation to Reasonable Development, LLC, for the Stewart Street Cottages project","desc":"Background: - On April 25, 2023, City Council approved a loan to Reasonable Development for $1,052,850, Resolution 23-92. - The award was for the development of 10 affordable, for-sale cottages on Stewart Street in West Asheville, PINs 9638-51-1711, -1760, -2720, -2679, -3638. - The project was estimated to have 10 for-sale homes, affordable to households at or below 100% of AMI: 2 for 60% AMI, 6 for 80% AMI, and 2 for 100% AMI. - The application proposed a 20-year affordability period. - Loan terms: loan amount $1,052,850; 3-year term, 2% compounding annually, 2nd lien position; a portion of HTF will be repaid from home sale proceeds, another portion of HTF to be used as down payment assistance. - The loan was to be used for construction and accounted for 43% of the total development cost per unit ($242,500). - After construction, up to $500,000 of the $1,052,850 would be put towards down payment assistance for buyers. - Since approval, staff has been working with Reasonable Development (owner, Barry Bialik) to develop an agreement based on the application to close the loan. - In July 2025, the developer sent a list of requested changes to a draft deed restriction and draft Housing Trust Fund agreement. These requested changes materially altered the project from homeownership units to rental units and included an affordability buyout option in the event the deed restrictions are not upheld by the future owners. These changes are outside of the original Council approval (detailed below) and do not comply with the City’s Housing Trust Fund Policy. - Change of Project Use: Request to shift the project from for-sale homeownership to have an option to sell to investors for rental housing, with the units still restricted to the original income limits (60%, 80%, and 100% AMI) and a minimum 6-month lease term (no short-term rentals). - New Deed Restriction Clauses: Request for a flexible deed restriction. If units are sold to a non-eligible buyer, the seller will pay the City twenty-five percent (25%) of the Excess Proceeds. The request also includes an option for the seller to terminate the affordability restriction upon payment of fifty percent (50%) of the Excess Proceeds. “Excess Proceeds” is defined as the portion of the sale price that exceeds the maximum allowable resale price calculated in accordance with this Deed Restriction. - The developer has already built 2 of the homes and has found funding from other sources to make them affordable without using City funding. Staff Analysis: - The complexity of the proposed deal structure is untested in the City’s portfolio and would create significant uncertainty about the future affordability of the units. Traditionally, the agreement between a developer and the City lays out a clear period of affordability, and even if it’s shorter, it is certain. - It is unclear whether City funding is needed for the construction of the homes. - The updated proposal is a material change from the original proposal, going from the approved affordable homeownership opportunity to a potentially investor-owned rental structure. It would trigger a new application for the project. - A funding round for homeownership projects will take place in the second half of 2026. The developer could propose this hybrid approach at this time, and staff would have all the application materials available to make a recommendation. - If Reasonable Development would like to pursue a rental project, low-interest loans are available through the WNC Affordable Housing Loan Fund, which requires a minimum of 5 units, including single-family homes.","c":"Housing","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-03-10","mt":"regular","id":"C","ref":"RES 26-45","it":"resolution","t":"Resolution authorizing the Community & Economic Development Director to be an authorized signatory for HUD-compliant environmental reviews that do not require a formal Request for Release of Funds, and ratifying such authority for prior reviews","desc":"Background: - The City participates in several funding programs administered by the United States Department of Housing & Urban Development (HUD). The Community Development Block Grant (CDBG), CDBG-Disaster Recovery (CDBG-DR), and HOME Investment Partnership Program (HOME) are managed by the Community Development Division within the Community & Economic Development (CED) Department. - These programs all require that an environmental review be performed before any activity funded with these programs may move forward. - The City Manager is the official signatory for the City of Asheville, which acts as the Responsible Entity in the environmental review approval process. - In order to streamline operations, staff is requesting that the CED Director be delegated signature authority on all future environmental reviews that do not require a formal Request for Release of Funds (RROF), as well as ratifying that CED Director’s signature authority on all prior environmental reviews. - Activities that require an RROF (e.g. new construction) would still require the City Manager’s signature.","c":"Housing","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-03-10","mt":"regular","id":"D","ref":"RES 26-46","it":"resolution","t":"Resolution authorizing the City Manager to amend an existing agreement with Marathon Health LLC through June 30, 2026, for the Employee Health Services Clinic","desc":"Background: - The City of Asheville contracts with Marathon Health Parent, LLC for oversight and management of the Employee Health Services clinic for employees and their eligible dependents. - The current contract expired in February 2026 so the City followed procurement protocols and released an RFP for these services. - The process of receiving and evaluating RFP submissions to select a vendor through the competitive bidding process has been completed and the inter-departmental review committee selected Marathon to continue delivering these services. - The City of Asheville and Marathon are working to ensure that the deliverables of the new contract meet employee and organizational needs with no disruption to current programs and services. This amendment will extend the current contract through June 30, 2026 and allow those discussions and negotiations to continue. In addition, it will align the new contract with other benefits contracts and the City’s fiscal year. - The amendment will increase the total contract amount by $534,202.72 to $5,031,202.72. The funds are budgeted in the Health Insurance Fund for this year.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-03-10","mt":"regular","id":"E","ref":"RES 26-47","it":"resolution","t":"Resolution authorizing the City Manager to sign an amendment to Supplemental Contract/Change Order 2 with GHD Engineering for the Task Order 8 - DeBruhl Water Treatment Plant Chemical Bulk Storage Project","desc":"Background: - The William DeBruhl WTP is one of the three City of Asheville water treatment plants that supply drinking water for the City of Asheville’s water distribution system. - The William DeBruhl WTP is a direct filtration water treatment plant that treats water from the Bee Tree Reservoir. As part of the water treatment process, the William DeBruhl WTP uses sodium hypochlorite, sodium hydroxide, zinc orthophosphate, sodium bicarbonate, fluoride, and polyaluminum chloride, to treat the water for customers. - The use of these water treatment chemicals require onsite storage at the William DeBruhl WTP to allow treatment to continue 24 hours per day, 7 days per week, and 365 days per year. - Both the William DeBruhl WTP fluoride and sodium hypochlorite bulk chemical tanks are at the end of their service life due to age and use. - As it has also become clear that the Zinc Orthophosphate tank has also reached the end of its service life due to age and use. - Currently the William DeBruhl WTP needs to replace (1) sodium hypochlorite tank, (1) fluoride tank, and (1) zinc orthophosphate tank to continue to provide core services and to continue to treat drinking water. - The William DeBruhl WTP also needs to add 1-2 new bulk storage tanks to hold and store a new coagulant product, which will be beneficial to the treatment process. - The City entered into a Master On-Call Services contract with GHD Engineering in October of 2020. - The City entered into a Supplemental Professional Services contract/ Change Order with GHD Engineering for Task Order 8-Debruhl Water Treatment Plant Chemical Bulk Storage Project as approved by City Council Resolution No. 24-30 on February 13, 2024 in the amount of $145,000. - The City Council approved a contract amendment of $7,000 on May 13th 2025 to include additional development of specifications for chemical tanks. - The Supplemental Professional Services Contract/ Task Order 8 with GHD Engineering needs to be amended to include additional scope of work to include construction phase management services and coordination valued at an additional $145,000. - Additional scope work as follows: Project Coordination, Construction Phase Services Meetings, Submittals Review, Request for Information Review, Issue Work Change Directives, Construction Inspection Services, Pay Request Review, Start Up Services, Record Drawing Preparation, Project Closeout, and 1 Year Post Closeout Inspection. - This change retains an engineering firm for the construction phase of the project. Previous on-call services related to this project were just for the design work of the project. - If not approved, it will limit the ability of the William DeBruhl WTP and the City of Asheville Water Resources Department to provide high quality drinking water to the City of Asheville’s water distribution system and will delay implementation of needed chemical tank replacements.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-03-10","mt":"regular","id":"F","ref":"RES 26-48","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Global Public Safety LLC for the installation of police equipment and lighting to 45 new Asheville Police Department vehicles","desc":"Background: - The Fleet Management Division of the Public Works Department maintains over 1,000 City owned vehicles and pieces of equipment. - Contracted work is used to supplement existing staff resources at times of high demand or to provide services where the Fleet Division does not have suitable facilities or resources. - APD has a shortage of vehicles due to new hires and unexpected loss of vehicles due to accidents and expensive repairs. - APD has twenty-four (24) new Ford Police Interceptor SUVs on-hand in need of upfit of police lighting and emergency equipment. - Fleet Management alongside the City’s Purchasing Division is working on the purchase of twenty-one (21) additional SUV units expected to arrive this calendar year. - This contract covers the upfit of these 45 vehicles in two phases. - The BID (298-FY26-PW-BID-APDUpfits) was posted on January 9, 2026, and open for submissions through February 6, 2026. - Eight submissions were received: - Global Public Safety $606,638.39 - Carolina Custom Upfitters $639,821.87 - Campbell Brown $641,698.53 - FleetTec $716,785.03 - Cape Fear Customs $764,944.95 - AFI Public Safety $776,446.15 - Brooks Network Services $809,652.05 - Dana Safety $829,823.56 - Global Public Safety LLC was identified as the lowest responsive, responsible bidder in the amount of $606,638.39.","c":"Public Safety","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-03-10","mt":"regular","id":"G","ref":"ORD 5202","it":"ordinance","t":"Budget amendment from the Office of State Budget and Management - Helene Local Government Capital Grant Program for the Azalea Park Recovery Project","desc":"Background: - The Office of State Budget and Management is administering the Helene Local Government Capital Grant Program, authorized through multiple legislative acts including the Disaster Recovery Act of 2025 to directly address impacts experienced during Hurricane Helene and other natural disasters. - The program funds capital projects to repair, renovate, or replace damaged infrastructure that is ineligible or denied for FEMA Public Assistance. - Grant prioritization favors communities with populations under 300,000 and projects ineligible under FEMA PA Categories C–G, verified in coordination with NC Emergency Management. - Nearly $50 million in funding is available, with OSBM awarding grants according to statutory caps of 20% per county and 5% per eligible recipient or qualifying zip code. - Grant funds must be spent by June 30, 2030, are disbursed as a lump sum up front, and recipients must report project expenses to OSBM. - The City was awarded $2,487,500 through this grant program to support the relocation of assets that were not directly damaged by Tropical Storm Helene but will need to be moved and reconstructed outside of the FEMA Public Assistance program.","c":"Public Safety","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-03-10","mt":"regular","id":"H","ref":"ORD 5203","it":"ordinance","t":"Budget amendment from the N.C. Dept. of Environmental Quality for water resilience improvements","desc":"Background: - The City is seeking funding to design and construct a pre-treatment solution and an alternative transmission line at the North Fork Water Treatment Plant as a direct result of changing conditions and damage from Tropical Storm Helene. - The City has been working with, and will continue to work with, FEMA Public Assistance, the Hazard Mitigation Grant Program, and the Community Development Block Grant -Disaster Recovery and other funds to support this work. - The NC Department of Environmental Quality Division of Water Infrastructure can provide funding assistance to local governments, nonprofit water/wastewater providers, and investor-owned drinking water companies that were impacted by Hurricane Helene using State Revolving Fund (SRF) Helene (SA-HMW) Loans. - Based on the number of water customers, the City may be eligible for 30% principal forgiveness.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-03-10","mt":"regular","id":"I","ref":"RES 26-49","it":"resolution","t":"Resolution to apply for the DOJ Bureau of Justice Assistance FY 2025 Local Law Enforcement Crime Gun Intelligence Center Integration Initiative grant and authorize the City Manager to sign application documents","desc":"Background: - The City of Asheville has the opportunity to apply for a United States Department of Justice (DOJ) Bureau of Justice Assistance (BJA) grant, in partnership with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to implement a Crime Gun Intelligence Center (CGIC) that strengthens APD’s use of gun intelligence to reduce firearm violence. - This BJA expects grant awards up to $700,000 for a new CGIC over 36 months, with the application due March 30, 2026. - Asheville had 12 firearm-related homicides in the past two years (2024: 9, 2025: 3) and 206 firearm assaults or discharge-into-property incidents. The CGIC model is designed to reduce violent gun crime by accelerating and improving investigations. - APD already uses NIBIN and eTrace, and this grant would expand those capabilities into a fully integrated CGIC that supports coordinated investigative and prosecutorial action. - The goal is to cut ballistic lead turnaround to 24 to 48 hours, reducing weeks to hours by making Forensics a NIBIN site and expanding RTIC support. - Success will be measured by outputs such as NIBIN entries and leads, firearms test-fired, eTrace submissions, and arrests and convictions tied to CGIC intelligence, as well as personnel, technology, and training added. - This grant allows personnel expenses to be funded. Although no decisions have been made about adding staff, the funding could support personnel assigned to enhance the activities of the Realtime Intelligence Center and strengthen investigative follow-up. - APD staff will continue to engage with the community to share information about the implementation of program enhancements made possible by these grant funds. - Routine updates, such as the APD quarterly reports, will continue to be provided to community members, informing them of the impact of the APD team's efforts. - The grant does not require local matching funds.","c":"Public Safety","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-03-10","mt":"regular","id":"II-amend","ref":"","it":"motion","t":"Amend the agenda to add to the Consent Agenda a motion to amend the budget calendar to reschedule the budget worksession on March 24, 2026 from 3:00 p.m. to 2:00 p.m.","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-03-10","mt":"regular","id":"IV-A","ref":"ORD 5204","it":"public_hearing","t":"Public hearing / ordinance to conditionally rezone 230 Sardis Road from Industrial District to Residential Expansion - Conditional Zone (with Future Land Use Map amendment and amended Condition 12(2))","desc":"Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally rezone 230 Sardis Road from Industrial District to Residential Expansion - Conditional Zone. This public hearing was advertised on February 27 and March 6, 2026. Project Location and Contacts: - The project site totals 9.19 acres located at 230 Sarids Rd (PIN 9627-00-3429) - Owner: Enplas America Inc Summary of Petition: Project Site - The project area consists of one property totalling 9.19 acres located at 230 Sardis Rd and is identified in the Buncombe County land records as PIN 9627-00-3429) - The site is currently zoned Industrial (IND), and is the site of Enplas Life Tech, a plastics manufacturing company. - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated “Industrial/Manufacturing”, which reserves land with good access to transportation systems to support the economic section for light industry and office or business incubators. While Industrial/Manufacturing may include opportunities for housing for workers who may live amongst or adjacent to the industry or other businesses in the area, a change of the Future Land Use designation to “Residential Neighborhood” would be more appropriate and consistent with the land use regulation in the area. Overall Project Proposal - New building construction includes a new four-to-five-story multi-family building with a total of 180 units. - Other site improvements include surface parking, new sidewalks, playground, dog park, and a pool and amenity area. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated below. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by prioritizing greater densities of development overall, throughout the city as appropriate. - Increase and Diversify the Housing Supply - by increasing the rental housing supply. - Make Streets More Walkable, Comfortable and Connected - by eliminating gaps in the city-wide sidewalk network. - The proposed rezoning is compatible with the proposed Future Land Use designation of \"Residential Neighborhood\", which is proposed, in part, that “the types of housing in residential neighborhoods generally offer little variation of building types throughout the neighborhood, such as townhomes, duplexes or an apartment complex,” and that, “over time, residential neighborhoods can benefit from having more housing diversity” (p. 346). Compatibility Analysis: - The proposed multi-family project is compatible with the surrounding land uses, including: - Existing multi-family residential uses to the south, known as Greymont Village. - Single-family residential neighborhoods further to the east of the project site. - Proposed multi-family development across from the project site, known as Sardis Apartments, which received a conditional zoning approval in 2022 for 297 residential units.  Committee(s): - Technical Review Committee (TRC) - January 5, 2026 - approved with conditions. - Planning & Zoning Commission (PZC) - February 4, 2026 - approved with conditions. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery, and the existing and future land use map. About the site plan, (1) New 4/5 story multi-family building with 180 units; and (2) Other site improvements include: Sidewalks; Parking lot; Playground; Dog Park; and Pool and amenity area. He then showed the building elevations. The Project includes technical modifications: (1) Sidewalk widths of 5’ on Sardis Rd, 5’ on Greymont Ln, and 5’ internally, instead of the 10’-wide standard; and (2) Street trees planted on Sardis Road in excess of the 20’ maximum distance from the edge of pavement, ranging approximately between 30’ and 40’. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission unanimously approved the project with the condition that project condition #12 be amended to state a minimum sidewalk width of 5’ along Sardis Road. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. When Councilwoman Roney asked if there is a plan for renewable energy or anything that would prohibit that from being installed in the future, Mr. Derek Allen, attorney for the applicant, said that the HVAC units are on top of the building. Councilwoman Roney suggested that if the HVAC could be removed to one side, the roof of the building could be solar ready. When Councilwoman Turner asked if Planning staff had any concerns of the loss of industrial land, Mr. Palmquish said that as far as a conditional zoning, it supports goals in our Comprehensive Plan and Planning staff has no concerns. Mr. Palmquist noted that project condition 12 should read “Sardis Road”, not “Greymont Lane.” Mr. Allen spoke in support of this project in that Asheville needs housing. Mr. Allen responded to Councilwoman Turner when she asked what the projected revenue of this building will be. Mayor Manheimer opened the public hearing at 5:37 p.m. Andrew Paul spoke in support for this project as we need housing Mayor Manheimer closed the public hearing at 5:39 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2026-03-10","mt":"regular","id":"IV-B","ref":"ORD 5205","it":"public_hearing","t":"Public hearing / ordinance to conditionally rezone 383 N. Louisiana Avenue from Office District to Office District - Conditional Zone","desc":"Urban Planner Sam Starr-Baum said that this is the consideration of an ordinance to conditionally rezone 383 N. Louisiana Avenue from Office District to Office District - Conditional Zone.This public hearing was advertised on February 27 and March 6, 2026. Project Location and Contacts: - The project site totals 3.13 acres on one parcel addressed as 383 N Louisiana Avenue, and identified in the Buncombe County Tax Record as PIN: 9638-29-1363 - Owner(s): Betty Hampton, Marlisa Faris, John Drake, and Mark Drake - Applicant: Civil Design Concepts/Warren Sugg, P.E. Summary of Petition: Project Site - The project site totals 3.13 acres on one parcel addressed as 383 N Louisiana Avenue - The site is currently zoned Office (OFF I). - The site is designated “Traditional Neighborhood” on the city’s Future Land Use (FLU) Map. A change in the FLU designation will not be required. - The project includes 89 affordable housing units in one apartment building. - The current site is undeveloped, and is within the neighborhood boundary of the Poder Emma Legacy Neighborhood - This project qualifies for a reduced review threshold given the size and affordability components being met under UDO Section 7-5-9. Accordingly, this is a level II conditional zoning to the Office - Conditional Zone (OFF I-CZ) district, rather than the usual level III conditional zoning to a Residential Expansion (RES-EXP) District. - This project is proposed as a Conditional Zoning because the underlying zoning district, OFF I, has a 4,000 square foot building footprint maximum. The proposed building exceeds this by 27,898 square feet Overall Project Proposal - New building construction includes a total of 89 units on one 3/4 story building. - 100% of the units will be designated affordable at 80% AMI or below. - Other site improvements include off-street parking, new sidewalks, and amenities such as a playground and pavilion near open space for recreation Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated below in the “Consistency with the Comprehensive Plan and Other Plans” section. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018) - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Increase and Diversify the Housing Supply - by providing lower housing prices relative to incomes and providing greater choice in housing options. - Promote the Development and Availability of Affordable and Workforce Housing - by supporting more housing supported through grant funds and other housing programs and provide for affordable housing closer to jobs and other services. - The proposed use and design is consistent with the existing Future Land Use designation of Traditional Neighborhood: - In a traditional neighborhood, the types of housing can vary and often include a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes and multifamily apartments usually located seamlessly together. - Traditional neighborhoods offer opportunities for infill housing in order to improve the supply and mix of housing options. The traditional neighborhood development pattern is also encouraged in other residential neighborhoods throughout the city, such as the residential neighborhood future land use category, to improve connectivity and access. Commercial uses will be inappropriate in a traditional neighborhood. - Appropriate zoning districts within the Traditional Neighborhood Future Land Use Category may include: RS4, RS8, RM6, RM8, RM16, NB, Office, and , corresponding conditional zoning (CZ) districts, Residential Expansion and the future Neighborhood Center District. Compatibility Analysis: - In addition to the compatibility with surrounding residential land uses, this development is within 1,500 ft. of an identified “Urban Center” (Living Asheville, P 341.) that exists along the corridor of Tunnel Road. The Urban Center is currently served by a transit line that connects to the site as well as auto and pedestrian connectivity. The proposed use is compatible with both the underlying Traditional neighborhood Future Land Use District and the adjacent Urban Center that provides multiple services, employment, and recreational/entertainment opportunities for residents. - The proposed multi-family residential project is compatible with the surrounding land uses, including: - The identified Urban Center immediately to the south of the subject site. The urban center includes a mix of retail and restaurants, and includes the grocery store at the intersection of Patton Ave and New Leicester Highway. This area is also serviced by the West 5 (W5) and West East 1 (WE1) Asheville Rides Transit lines. - Residential single-family uses to the north and east of the project site buffered by landscaping and topography, providing a transitional area for the uses. - Commercial and mixed-uses along Patton Avenue.  Committee(s): - Technical Review Committee (TRC) - December 1, 2025 - approved with conditions. - Planning and Zoning Commission (PZC) - February 4, 2026 - recommend approval (7-0) with the addition of the following conditions: 1) That Condition #4 of the Exhibit E - Project Conditions be revised to specify the range of off-street parking spaces from 104 to 128 spaces 2)That the following condition be added to the Exhibit E - Project Conditions: -All units (100%) shall be leased to households earning less than 80% of the Area Median Income (AMI) for Asheville, NC as established by HUD. The minimum affordability period for all units shall be 30 years and shall commence on the date of issuance of a Certificate of Occupancy for the property -All of the affordable units will also accept, but are not restricted to, HUD (Housing Choice) vouchers. -Prior to issuance of Certificate of Occupancy for the property, the Developer shall record a Declaration of Restrictions setting forth the Affordability Terms, which shall become effective upon the execution and recording thereof. The Affordability terms must be met as evidenced by the North Carolina Finance Agency's Low-Income Housing Tax Credit program-qualified occupancy of all units in the development; and, 3) The Planning and Zoning Commission recommends that the applicant team work with the City Transportation Department to explore widening of external sidewalks along North Louisiana Avenue and Hazel Mill to 6 feet. Mr. Starr-Baum reviewed the existing and proposed zoning, the aerial imagery and the future land use map. According to the site plan, there will be 89 units (100% AH @ 80% AMI or below; ¾ story split - maximum height of 48’; 27,898 square foot footprint - 4,000 allowed in Office; and 116 parking spaces - 178 maximum. Regarding the conditions, (1) Project proposes a minimum 5’ wide sidewalk within the internal site layout instead of the required 10’ width; (2) Project proposes a minimum 5’ wide sidewalk along N. Louisiana Ave instead of the required 10’ width. - The Planning and Zoning Commission recommends that the applicant team work with the City Transportation Department to explore widening of external sidewalks along North Louisiana Avenue and Hazel Mill to 6 feet; (3) Project proposes exceeding the minimum Office-1 district building footprint maximum of 4,000 s.f, with a footprint of 31,898; and (4) Project proposes 8’ of additional building height in excess of the 40’ maximum standard in the OFF-I zoning district. He then showed building elevations. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. In response to Councilwoman Turner, Mr. Starr-Baum said that sidewalk modifications requested by applicants are, in part, due to cost, room, availability, and right-of-way challenges. In response to Councilwoman Ullman, Mr. Palmquist said there are 31 one-bedroom units, 36 2-bedroom units, and 22 3-bedroom units. Mr. Derek Allen, attorney for the applicant, passed out an apex on Hazel Mill unit mix and rents. In response to Councilwoman Roney about if there is a renewable plan or anything that would prohibit a renewable plan in the future, Mr. Allen said that there are incentives that may be available in this project, but they are yet to be determined. Mayor Manheimer opened the public hearing at 6:01 p.m. Two individuals, one being Andrea Golden, representing the Emma Neighborhood Council, spoke in support of the conditional zoning for this affordable housing project. Mayor Manheimer closed the public hearing at 6:06 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2026-03-10","mt":"regular","id":"J","ref":"RES 26-50","it":"resolution","t":"Resolution authorizing the City Manager to submit an application for funding from the NC Dept. of Commerce Small Business Infrastructure Grant to extend a sewer line in Enka Commerce Park, accept grant funds if awarded, and enter into agreement documents","desc":"Background: - In Spring of 2025, the NC General Assembly enacted SL 2025-2 known as \"The Disaster Recovery Act - Part 1\", which included a $55 million funding allocation for infrastructure that supports small businesses impacted by Tropical Storm Helene. - The subsequent Small Business Infrastructure (SmBIZ) Grant Program is being administered by the NC Department of Commerce Rural and Economic Development Division. - The purpose of the grant is to provide financial assistance for recovery and resilience to communities specifically impacted by Helene by restoring and repairing critical infrastructure, allowing small businesses to resume function and operations to support economic recovery; and to assist in restoring or expanding small businesses' ability to attract customers to business districts to help retain business, expand access, spur private investment to create stability, and leverage resources to create resiliency and economic growth. - To restore and provide reliable sanitary sewer service to the park, the sewer line must now be extended approximately 3,000 linear feet along Hominy Creek, exclusively due to the storm-related damage. - This gravity sewer extension is essential to supporting occupancy of the newly constructed speculative industrial building and enabling current and future small business tenants to operate. - The sewer infrastructure will serve over 100,000 square feet of existing, completed speculative industrial space that is currently available for lease. - The extension also unlocks approximately 30 additional acres of industrial land, planned for more than 500,000 square feet of future Class A industrial space designed to accommodate small businesses. - This investment strengthens the long-term viability of Enka Commerce Park and supports responsible economic development, job creation, and business growth in the surrounding area.","c":"Economic Development","mo":"consent_batch","mv":"Hess","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-03-10","mt":"regular","id":"V-A","ref":"RES 26-51","it":"resolution","t":"Resolution regarding the 2025-2029 Consolidated Plan amendment to add affordable rental construction as a priority need and goal, and submission to HUD","desc":"Community Development Division Manager James Shelton said that this is the consideration of a resolution approving the proposed amendment of the City’s 2025-2029 Consolidated Plan to add affordable rental construction as a priority need and goal and submission to the US Dept. of Housing & Urban Development; and further authorizing the City Manager to execute any documents necessary to give effect to this resolution. Background: - The City develops a Consolidated Plan every five years, which establishes the five-year needs, priorities, strategies, and performance targets for housing and community development for implementing federal formula grant funding from the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) and HOME Partnership Act (HOME) programs. - City Council approved the submission of the City’s 2025-2029 Consolidated Plan in Resolution 25-145. - The 2025-2029 Asheville Area Housing Needs Assessment (the Bowen Report) indicated a profound need for new affordable rental units. - Currently, the 2025-2029 Consolidated Plan does not include Affordable Rental Construction as a goal and priority need, meaning no such projects, like multifamily new construction, may be undertaken. - This activity type was not included because other activities (down payment assistance, rental assistance, and homeowner rehab/repair) were prioritized in the 2025-2026 program year, however, new rental construction will be prioritized in future years of the plan. - On January 14th, 2026, the Asheville Regional Housing Consortium voted unanimously to recommend amending the 2025-2029 Consolidated Plan to add Affordable Rental Construction as a goal and priority need. - City Council held a public hearing and received Council feedback on February 24, 2026. Mayor Manheimer said that this public hearing was held on February 24, 2026.","c":"Housing","mo":"individual","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1waif0qOY-DlptDx61iFDBSrckyhmFbPLPYSM91Dn3A8/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2026-03-24","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the Agenda Briefing Worksession held March 6, 2026 and the formal meeting held March 10, 2026","desc":"","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1GF-ObYUw2yiS-A_vEkA6pO0cW1h484DTeA9wKXi6esI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-03-24","mt":"regular","id":"B","ref":"RES 26-52","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with Responder Support Services, LLC, beginning April 1, 2026, to provide behavioral health counseling services to employees and their families","desc":"Background:  - The City of Asheville released an RFP soliciting proposals from licensed behavioral service providers to offer embedded and individual counseling services to City employees and their eligible family members. - RSS, the City’s current provider of these services, was again selected as the most qualified pursuant to City contracting and RFP policies. - The City’s current contract for these services with RSS expires 3/31/2026. - The new contract would begin 4/1/2026 and remain in place through 3/31/2027, with two (2) one-year optional renewal periods, for a total of 3 years of service, if exercised. - The initial term is priced at $339,440. The amount for the first renewal term, if exercised, is capped at $397,144, and the second renewal term, if exercised, is capped at $464,658, bringing the contract total to an amount not to exceed $1,201,242 for all 3 years.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1GF-ObYUw2yiS-A_vEkA6pO0cW1h484DTeA9wKXi6esI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-03-24","mt":"regular","id":"C","ref":"RES 26-53","it":"resolution","t":"Resolution authorizing the City Manager to apply for grants in the Parks and Recreation Trust Fund 2026 in North Carolina, accept funds if granted, and execute documents to use and manage the funds for the Walton Street Park project","desc":"Background:  - The State of North Carolina has allocated funding to the Parks and Recreation Trust Fund for eligible uses for local governments. - The North Carolina Parks and Recreation Trust Fund (PARTF) provides matching grants to local governments to assist with public park and recreation projects, pursuant to G.S. 143B-135.56. - The Parks and Recreation Trust Fund (PARTF) awards will be selected by the NC Parks & Recreation Authority in August 2026. - Prioritization will be given to applicants from qualifying counties designated by the US Dept. of Housing & Urban Development as most impacted and distressed counties from Hurricane Helene. Buncombe County is a qualifying county. - The application deadline is May 1, 2026. - A 1:1 match is required for awarded projects, with a $500,000 maximum request requirement. FEMA or other grant funds may be used for the match. - The Walton Street Park project is budgeted in the Capital Improvement Plan (CIP) and funded by the City of Asheville 2024 General Obligation Bond program. If awarded, the PARTF grant will allow the City to recoup a portion of these funds. - The anticipated project period is November 1, 2026 to October 31, 2029. - If awarded, Council will approve all applicable procurements. - It is the intent to apply for funding to support improvements to Walton Street Park.","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1GF-ObYUw2yiS-A_vEkA6pO0cW1h484DTeA9wKXi6esI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-03-24","mt":"regular","id":"D","ref":"RES 26-54","it":"resolution","t":"Resolution authorizing the City Manager to increase the existing contract with Envisio Solutions Inc. for strategic planning and project management software","desc":"Background:  - The City originally entered into a three-year contract with a not to exceed amount of $134,024 with Envisio Solutions, Inc., on March 12, 2024. - The original contract included only limited capabilities as a pilot to support the Organizational Work Plan, and the City moved to expand capabilities in October 2025 to support additional strategy and performance reporting and departmental work plan management. - The expanded service increased total three-year contract costs by $13,344, resulting in a new three-year cost of $147,368. - This requested action would provide the additional contract authority to cover the full three-year cost, and funding is available within the Finance Department’s existing FY 2026 budget.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1GF-ObYUw2yiS-A_vEkA6pO0cW1h484DTeA9wKXi6esI/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-03-24","mt":"regular","id":"IV-A","ref":"ORD 5206","it":"public_hearing","t":"Public hearing / ordinance adopting (amending) the Fiscal Year 2026-27 Fees & Charges Manual","desc":"Budget and Performance Manager Lindsay Spangler said that this is the consideration of an ordinance adopting the Fiscal Year 2026-2027 Fees & Charges.  Background:  - Staff reviews fees and charges as part of the budget process each year and brings forward recommendations for adjustments early in the process. - In FY25-26 fees and charges represent 12% of General Fund revenues but make up the majority of revenue in Enterprise Funds (75%). - Last year, departments were not asked to submit updates to fees and charges to limit the impact on the community after Helene. The only major adjustment was to continue with Year 2 of the 3-year water rate adjustment. - Fee adjustments are being proposed in the following funds: general, capital, stormwater, water, transit, and Harrah’s Cherokee Center Asheville. - Fees are primarily being recommended to be adjusted to help address operational and capital needs. - More detailed and specific information regarding the fee adjustment for each service was provided to City Council and is attached to the ordinance. - If approved, fee adjustments will become effective July 1, 2026. - Proposed changes are based on impacts to revenues, customers, and service provision. Typical household impact of major fee changes proposed for FY 2026-27 is below:  | Fee | Bi-Monthly Bill Increase | FY24 Annual Increase | | -------------------- | ------------------------ | -------------------- | | Solid Waste | $ 4.00 | $ 24.00 | | Stormwater (Tier 2) | $ 1.08 | $ 6.48 | | Water (6 CCFs/month) | $ 6.11 | $ 36.66 | | Total | $ 11.19 | $ 67.14 |  Pro(s):  - Provides for cost recovery from those that directly utilize or benefit from the service where appropriate, reducing the financial burden of City services on taxpayers. - Provides additional revenue to help balance the FY 2026-27 budget. - Allows staff to begin communicating fee changes to citizens, customers, and stakeholders so they are aware of changes that will be implemented on July 1, 2026. - Helps provide revenue needed to address significant maintenance and operational needs.  Con(s):  - An increase in the cost of city services.  Fiscal Impact:  - Impacts for each recommended change are shown in Attachment A, which is attached to the ordinance.  Budget & Performance Manager Lindsay Spangler provided Council with the fees & charges background (1) the fees & charges manual is a formal record of what the City charges for services: (2) Council adopts changes in the spring for the next Fiscal Year (FY), and those changes are used to project revenue impact; and (3) last year, departments were asked not to submit update to the fees and charges to limit the impact on the community after Helene - the only major adjustment was to continue with Year 2 of the 3-year water rate adjustment.  She then reviewed the FY 2025-26 General Fund revenues, along with the FY 25026 Enterprise Fund revenues.  Ms. Spangler then reviewed the recommended fee changes for (1) Solid Waste - $18.00 to $20.00 (recommended fee for increased disposal cost as a result of market changes due to Tropical Storm Helene; increase in disposal costs and tipping fees, particularly in yard waste since the storm; County is no longer providing solid waste rebate; and fee is below the average charged by municipalities across North Carolina, some of which also charge for additional services such as brush and bulky item collection; (2) WNC Nature Center admission fees - City resident $2; non-City resident $3 (estimated annual revenue increase of approximately $213,355) and is consistent with history of raising rates approximately every 5 years, per industry standards; (2) Street closure fees - fees to temporarily close right-of-way will be restructured to include differential rates for sidewalks, bike lanes, proximity to downtown etc - new fees will incentivize shorter, less disruptive closures with approximately $40,000 additional revenue. Summary of General Fund revenue increases is $1,100,985.  She reviewed a chart of recommended stormwater changes. This recommendation represents a 7.5% increase, to minimize costs to ratepayers. Previous rate studies have emphasized the need for annual increases to reflect inflation, operational needs, and capital projects.  Regarding water cost of services study, (1) A Water Cost of Service Study was completed in late 2023 that determined the cost of service by functional area, assessed the rate structure, and made recommendations for multi-year rate adjustments - Study found the residential class was subsidizing other customer classes; specifically commercial/manufacturing and wholesale; (2) Staff recommended a three-year phase-in approach to the proposed rate adjustments as the most efficient, effective and equitable approach for our customers since it will eliminate inequity among customer classes sooner, establish needed funding for the capital program, and preserve the City’s debt ratings; and (3) City Council has already adopted the first two years of the three-year rate adjustment plan. The importance of continued rate adjustments (1) Allows the system to keep up with rising costs to continue providing existing services; (2) Provides funding for critical maintenance of water capital infrastructure - $250+ million in capital improvements expected over the next five years; (3) Ratings Agencies use metrics such as debt service coverage and reserves to determine ratings for future debt issuances; and (4) Additional rate increases will continue after FY27. She showed a rate comparison, along with a chart of typical customer bill impacts, and a chart of single family residential user impact.  She said the typical residential household impact for solid waste, stormwater (tier 2) and water (6 CCFs/month) will be an annual increase of $67.14; or bi-monthly bill increase of $11.19.  Regarding the parking fund, there are no Parking Fund changes as part of today’s vote. At the March 24 worksession, Parking staff presented various options for increasing parking fees and expanding services. If Council approves changes then, revenues and expenses can be adjusted as part of the budget adoption.  Councilwoman Roney reminded the public that they can go to the public library and rent a zoom pass to get into the WNC Nature Center, along with other places, free of charge. In addition, City Council is working hard on making sure that everyone is paying their fair share for the water bills.  When Mayor Manheimer asked for public comments, none were received.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Roney","r":"passed","ta":"6-1","cf":"high","u":"https://docs.google.com/document/d/1GF-ObYUw2yiS-A_vEkA6pO0cW1h484DTeA9wKXi6esI/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":4},{"d":"2026-03-24","mt":"regular","id":"IV-B","ref":"RES 26-55","it":"public_hearing","t":"Resolution reserving City-owned real property 'Parkside' (bounded by Marjorie, Spruce, Eagle, and Davidson) for up to two years to explore development of an Arts & Entertainment facility with community partnership","desc":"Community & Regional Entertainment Facilities Director Chris Corl said that this is the consideration of a resolution reserving City owned real property “Parkside” which is bounded by Marjorie Street to the north, Spruce Street to the west, Eagle street to the south and Davidson Drive to the east for up to two years for the purpose of exploring the development of an Arts & Entertainment facility within the reserved area to conduct, as part of this process, meaningful and robust partnership with the surrounding communities, including but not limited to the Block and East End, and to reserve any final decisions on the use of this property until the City Council has received sufficient information and feedback.  Background:  - The City of Asheville acquired multiple parcels of land in the area known as ‘Parkside’ beside City Hall to create a single, contiguous City block under a single owner, with the goal of attracting and securing multi-use development on the site.  - The site comprises approximately 2.43 acres. - While the site is directly adjacent to city owned properties that were acquired in the past by Urban Renewal, the parcels that comprise the city-owned property known as ‘Parkside’-one parcel acquired in 1929, four in the 1980s, one in 2003 and the final acquired in 2010- were not acquired as part of Urban Renewal. - The site has long been used as a city parking lot for staff.  - In 2006, the City Council adopted Resolution 06-217 approving, in part, the continued evaluation of the feasibility of locating a new performing arts hall within a mixed-use development at Parkside.  - In 2007, the City Council adopted Resolution 07-215, approving, in part and in principle, the design of a facility that includes the key components and quality outlines in concept, either through adaptive reuse or a stand-alone performing arts facility. - In 2008, the City Council adopted Resolution 08-179, approving in part, to commit to reserve space for a performance center within the ‘Parkside’ area, expecting at the time that construction would begin within five years.  - Led by the non-profit organization, Asheville Area Center for the Performing Arts, the project did not come to fruition at that time.  - From 2009-2020, City staff continued to pursue opportunities to renovate or replace the Thomas Wolfe Auditorium with a more modern, flexible facility.  - In 2020, a conceptual design was completed and released, with a proposed funding strategy for a renovation of the Thomas Wolfe Auditorium. - The COVID-19 pandemic began a month later, pausing the project indefinitely.  - In the summer of 2023, the Thomas Wolfe Auditorium experienced a catastrophic HVAC failure, shutting the venue down for 9 months for repairs.  - As a result, Arts AVL convened a Thomas Wolfe Task Force to determine the best course of action for the facility and assess the feasibility of renovating or replacing it, while accounting for funding constraints.  - City Council directed staff to investigate multiple renovation options for the Thomas Wolfe Auditorium, with estimated costs ranging from $105 to $150 Million. - In January 2024, City staff engaged with ATG Entertainment to discuss public-private partnership development, which had previously been discussed in 2019 to 2020. - In February 2024, after review and input from multiple consultants, the Task Force determined that the investment required to renovate the Thomas Wolfe Auditorium to accommodate Broadway shows did not provide a sufficient return on investment, and a new facility should be investigated.  - In August 2024, staff drafted a Letter of Intent for a development partnership with ATG Entertainment, with a two-year target timeline to assess whether a public-private partnership is financially feasible in Asheville to develop a large-scale arts and entertainment facility.  - September 27, 2024: Tropical Storm Helene hits WNC, and the project is shifted to a ‘hold’ status.  - In March 2025, City staff rekindled their relationship with ATG Entertainment. - In June 2025, the City entered into a Memorandum of Understanding with ATG Entertainment for predevelopment work towards a potential project to develop a large-scale arts and entertainment facility in downtown Asheville. City's financial commitment towards the initial phase of predevelopment work is capped at $80,000.  - In October 2025, the City Council approved Resolution 25-217 authorizing the City Manager to submit a grant application for a potential arts and entertainment facility to the Economic Development Administration (EDA).  - As support for the EDA Grant, and to continue moving forward through the pre-development process with ATG Entertainment, staff is requesting the City Council commit to hold the land known as ‘Parkside’ for up to two years while staff and ATG Entertainment determine if a multi-use development on the site, including a large scale arts and entertainment facility is financially feasible.  - This resolution is not binding, but rather an expression of the Council’s intent to work with ATG Entertainment fully developing the concept of a large-scale arts and entertainment facility within the area. This is not a contract, but an expression of intent. - During this reservation period, staff and its partners would conduct engagement with the surrounding communities such as the Block and East End, to provide information to the City Council prior to making any final commitments on project development.  Council Vision 2036 Focus Area(s):  - Thriving Local Economy - Well Planned & Livable City - Equitable & Diverse Community - Neighborhood Resilience  Council Priority Recovery Area(s):  - Economy - Infrastructure  Committee(s):  - None  Pro(s):  - Allows the City to continue work towards a public-private development, which can assist with Economic Recovery - Showcases to ATG Entertainment and EDA a true intent to develop this project - Preserves the possibility of development utilizing this unique grant, while providing ample time and opportunity for more community engagement  Con(s):  - Significant staff time across multiple departments will be required as this project progresses.  Fiscal Impact:  - No additional fiscal impact at this time.  Mr. Corl provided the following key takeaways from his presentation: (1) Staff has identified the City-owned “Parkside” property as a potential site for a mixed-use development anchored by an Arts & Entertainment facility; (2) “Parkside” property has been identified for mixed-use development dating to the 1980’s with the final assemblage of the land complete with the intent to assist with development of a performing arts center; (3) A Communication and Engagement plan is being developed to ensure community concerns and aspirations are incorporated throughout the process; (4) Early community input will help shape the right partnerships through a request for qualifications. These partnerships should ensure the project fits the site and respects nearby historic and cultural areas like The Block and East End/Valley Street; (5) Meaningful and robust partnership with the surrounding communities is required; and (6) Securing an additional financial partner will be critical to the project’s viability.  Giving a brief history, Mr. Corl said (1) Community interest in replacing or modernizing the Thomas Wolfe Auditorium (TWA) dates back to the 1980s; (2) Multiple efforts to renovate or replace TWA over the past 20+ years have been unsuccessful; (3) Analysis indicates that the level of restoration required for TWA is less cost-effective long term than constructing a new facility; (4) The City has signed a Memorandum of Understanding with ATG Entertainment with the intent ‘explore the feasibility of developing a new 2,500+/- seat arts and entertainment facility in downtown; (5) ATG Entertainment an internationally known private operator of entertainment venues managing operations across 72 venues worldwide; (6) Post-Helene Economic Development Administration (EDA) grant opportunities may create additional funding streams for this potential project; and (7) The City-owned “Parkside” site has been considered for mixed-use development multiple times since the 1980s.  Regarding the site, it is a total of seven parcels, totalling approximately 2.43 acres. The properties are not Urban Renewal parcels; however, they are directly adjacent to urban renewal property and located in an area impacted by urban renewal. The potential space use (site massing) is 300+ space parking garage; space for a public safety station (fire); ~2,500 seat main performance hall; rehearsal / education center spaces; and workforce development workshop and footprint.  He then showed draft site massings of Concept 1A from the spring of 2024. Potential space use (site massing) is an opportunity with additional developers for retail; gallery; restaurant; museum; educational; community; and other.  Mr. Corl then went through the next steps of why now. It (1) allows process with ATG to move expeditiously; (2) will strengthen EDA grant application; and (2) if awarded, funds will support pre-construction work - site survey; geo-tech; utility relocation; and initial conceptual design and construction documents.  Regarding next steps, (1) update information and FAQs posted to project page - encourage those interested in this project to sign up for updates on the project page; 92) incorporate community feedback to inform a Request for Qualifications (RFQ) for additional development partner(s); and (3) Communication & Engagement Plan overview presented to Economy Recovery Board - feedback received and will be integrated into plan.  Initial identified stakeholder groups include: Arts AVL; Asheville Downtown Association / ADID; Asheville Independent Restaurants; Asheville Symphony; The Block Collaborative; Chamber of Commerce / Economic Development Coalition; Eagle Market Street Development Corp.; East End / Valley Street neighborhood; Explore Asheville; LEAF; Legacy Neighborhood Coalition; Local Performing Arts orgs (Wortham, ACT, etc.); Mt Zion Church; People's Place AVL; and YMI.  The Communication & Engagement Plan Phase 1 objectives (stakeholders) are (1)         Project status update - Where we are and what we are requesting input on at this time; (2) Identify concerns and excitements (a) Top items these groups like/love about the site; and (b) Top priorities and concerns these groups have about the site; (3) Feedback will be utilized to create parameters; and (4) Utilize identified feedback from stakeholders to inform content of RFQ to be issued to solicit additional development partner(s) in the project.  In response to Vice-Mayor Mosley, City Attorney Branham said that staff has continued to receive information to edit the original resolution up until the meeting. We have changed the word “engagement” to “partnership” in order to hopefully capture what the Council and the Block and East End/Valley Street have requested. Partnerships will include, not only The Block and East End/Valley Street, but all the initial identified stakeholder groups.  Mr. Corl responded to Councilwoman Turner when she asked if he had looked at other sites and if the site massing for the potential uses are too much.  As a performing arts professional, Councilwoman Roney wants our community to have nice things, but was concerned about the lack of enthusiastic support from the community. By revising the resolution wording to partnerships seems like there will be more equity at the table - that decisions will be made together. She hoped that in the next two years, relationships will deepen and more trust built.  Vice-Mayor Mosley, who grew up in the East End area noted that urban renewal is a lived experience for her. She recognizes that change is inevitable and has deep gratitude for people who carry that history and refuse to give up hope. She hoped the community would trust her enough to speak on their behalf at the table as well.","c":"Transportation","mo":"public_hearing","mv":"Roney","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1GF-ObYUw2yiS-A_vEkA6pO0cW1h484DTeA9wKXi6esI/edit?usp=drive_link","mat":1,"mr":"involves money or contract","sq":5},{"d":"2026-03-24","mt":"regular","id":"IV-C","ref":"RES 26-56","it":"public_hearing","t":"Resolution authorizing the City Manager to execute a four-year contract with RATP Dev ($54,899,942) for the Operations and Maintenance of the Asheville Rides Transit fixed-route transit system","desc":"Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution authorizing the City Manager to execute a four-year contract with RATP Dev for operations and maintenance of the Asheville Rides Transit fixed-route transit system.  Background:  - The City of Asheville contracts the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system. - In 2025, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART for four years with two renewal options of two years each. - The RFP evaluation committee was composed of seven people, including one external evaluator, a representative from the French Broad River MPO, and representatives from the City’s Finance Department, the City Attorney’s Office, and the City’s Transportation Department. - The City received four proposals in response to the RFP. - The following table provides the evaluation scores and total proposal costs for each offeror:  | Offerors | Evaluation Score | Proposed Cost | | -------- | ---------------- | ------------- | | Vendor 1 | 74 | $120,317,255 | | Vendor 2 | 67 | $134,579,138 | | Vendor 3 | 49 | $124,706,170 | | Vendor 4 | 49 | $113,111,200 |  - After review of the proposals, the evaluation committee came to a consensus in awarding the RFP to the offeror with the highest evaluation score, following a process standardized by the City’s Purchasing Division and explained in the RFP document. - RATP Dev has been selected as the contractor to provide operations and maintenance services for ART and will begin operating under the new contract on July 1, 2026. - There are several new key features of the contract, including the following:  - Addition of new, full-time key personnel that will be instrumental to improving operations and customer service, including the following:  - Crisis Counselor - Customer Service Manager - Human Resources Manager/Recruiter  - New software and technology for reporting, service development, and contract compliance/oversight - New and strengthened performance measures  - Higher goals for on-time performance - New liquidated damages to mitigate instances of buses departing earlier than scheduled times - New liquidated damages for customer complaints not responded to within 24 hours - New liquidated damages to reduce instances of supervisors operating routes due to driver shortages - Increase in liquidated damages for improper appearance and cleanliness of ART facilities and bus stops  Vendor Outreach Efforts:  - N/A, this is a federally funded contract  Committee(s):  - PEDE Committee presentation, 3/17/2026 - Motion was made to forward contract to Council; however, the motion failed due to lack of a second. Two members of the Committee were present.  Pro(s): Approval of the contract will ensure uninterrupted service.  Con(s): The cost of the annual contract will increase. This increase has been incorporated into the budget.  Fiscal Impact:  - The total four-year contract amount is $54,899,942. If both two-year options are exercised, the total contract amount would be $120,317,255.  Total contract amount:  - Base Contract:  - Year 1: $12,671,301 - Year 2: $13,309,046 - Year 3: $14,102,049 - Year 4: $14,817,546  - Option 1:  - Year 1: $15,370,405 - Year 2: $15,948,574  - Option 2:  - Year 3: $16,657,664 - Year 4: $17,440,670  - Funding for this contract will be budgeted in the Transit Fund beginning in FY 2026-27 (Year 1).  Ms. Morriss provided the following key takeaways from her presentation: (1) The current Asheville Rides Transit (ART) fixed-route Operations and Maintenance contract ends June 30, 2026; (2( An Request for Proposals (RFP) process to select a vendor for the next contract was conducted and a vendor has been selected (a) There were 4 proposals received; (b) A selection committee comprised of 7 individuals evaluated the proposals; and (c) The selected vendor is RATPDev; and (3) The new contract term begins July 1, 2026.  The Asheville Rides Transit (ART) is operated under a turn-key Operations and Maintenance Contract. The current contract, which began in 2017, was awarded to RATPDev. The current contract term is (1) Contract length originally set at four base years and two 2-year option years for a total of eight years; (2) Contract was extended to a ninth year in FY 2026 due to staffing resources and impacts from Helene; and (3) Contract term ends on June 30, 2026.  Regarding the ART Operations & Maintenance (O&M) contract, (1) In October 2024, the Transportation Department contracted with Kimley-Horn and Associates (KHA) to support staff with the procurement process for the next ART Operations and Maintenance Contract; (2) KHA assisted with developing the Request for Proposals, reviewing adjustments to contractual requirements, and facilitating the vendor selection process; (3) A 7-member RFP Evaluation Committee was formed, comprised of: One external evaluator (outside transit expert); A representative from the French Broad River MPO; and Representatives from the Finance Department, the City Attorney’s Office, and the Transportation Department; (4) Transit staff incorporated new requirements and standards into the RFP (that are also included in the contract) which are meant to: Address current and/or ongoing issues that have not been remedied under the current contract; Provide clarity or definition around responsibilities of the contractor vs. the City; Improve and/or strengthen accountability and reporting by the contractor to the City; and Increase corporate support for local needs, including project management of special projects to aid City staff, shared use of software, etc.; (5) New and strengthened contract performance measures include: (a) Higher goals for monthly on-time performance (80%, was 72%); (b) New Liquidated Damages: For early departures (in addition to missed trips); If supervisors/dispatchers are used to operate routes due to driver shortages; and If a customer complaint is not responded to within 24 hours; and (c) Increase in Liquidated Damages for improper appearance and cleanliness of all ART facilities and bus stops; (6) New full-time staffing positions: (a) Crisis Counselor - will primarily work at Transit Center; work with the customer service manager and team, as well as security team to assist riders and de-escalate situations; and connect riders in need with resources in the community; (b) Customer Service Manager - oversees the customer service team; and (c) Human Resources Manager/Recruiter - on-site recruiter to ensure a steady flow of applicants for all ART positions; and collaborate and engage with the community; and (7) New software and technology for reporting and contract compliance and oversight, including (a) allowing City use of a route scheduling and service planning software called Optibus; (b) allowing City use of service performance and project management software; and (c) new onboard safety tracking technology and camera system.  Proposals received a rating between 0 - 5 for each item falling under the following categories: Key Personnel and Organizational Structure; Management of Operations; Safety; Asset Management; Customer Service and Marketing; Transition Plan; and Qualifications and Experience. She then reviewed the ART RFP evaluation process.  Regarding vendor selection, (1) Received 4 proposals by the December 31 deadline; (2) Only 1 offeror received a technical proposal rating above the 70 point threshold required to advance to Phase 2 of the evaluation process; (3) Offeror Scores:  - Vendor 1: 74 points Proposed Cost: $120,317,257 - Vendor 2: 67 points Proposed Cost: $134,579,138 - Vendor 3: 49 points Proposed Cost: $124,706,170 - Vendor 4: 49 points Proposed Cost: $113,111,200; and  (4) After review of the proposals, the evaluation committee came to a consensus in inviting the vendor with the highest evaluation score to interview. The evaluation committee conducted oral interviews with the qualified offeror(s) to discuss contractual obligations and address committee questions related to the proposal. Staff then entered into negotiations with the selected offeror to finalize the contract details.  Regarding the new contract, (1) The selected vendor is RATP Dev; (2) Total four-year contract amount is $54,899,942. If both two-year options are executed, the total contract amount would be $120,317,255; and (3) Annual contract amount: Year 1: $12,671,301; Year 2: $13,309,046; Year 3: $14,102,049; Year 4: $14,817,546; Option Year 1: $15,370,405; Option Year 2: $15,948,574; Option Year 3: $16,657,664; and Option Year 4: $17,440,670.  Next steps include (1) Tonight - March 24: City Council considers authorizing City Manager to execute contract with RATPDev to operate and maintain the ART system; (2) By March 27: Staff issues Notice of Award; (3) By April 6: Execute Contract; (4) Begin “Transition” - includes hiring and onboarding of new positions as needed, implementation of new software programs, submission of new required compliance deliverables, etc.; and (5) July 1: Contract goes into effect.  In response to Councilwoman Roney, City Attorney Branham said that his staff always negotiates, to the extent we are able, a termination provision. We also always include a nonappropriation clause, so if Council doesn’t include funding for the contract in the annual budget, then the contract will terminate.  Councilwoman Roney felt that the new full-time staffing positions are needed and they should improve everyday lives.  Two individuals spoke in opposition to this contract, one asked that we focus on how we can work with Buncombe County over the next four years and have a consistent revenue source for transit.  In response to Mayor Manheimer, City Attorney Branham explained that bus drivers and mechanics are part of the unions and the City of Asheville does not have the legal authority to negotiate with them. Therefore, we must engage a third party contractor to employ them.  Councilwoman Turner and Councilwoman Ullman hoped that in the next four years, we can figure out how to handle our transit better.  Upon inquiry of Councilwoman Roney, City Attorney Branham said that staff will negotiate into the new contract regular reporting back on performance.","c":"Transportation","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"passed","ta":"4-3","cf":"high","u":"https://docs.google.com/document/d/1GF-ObYUw2yiS-A_vEkA6pO0cW1h484DTeA9wKXi6esI/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":6},{"d":"2026-04-14","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held March 19, 2026 and the formal meeting held March 25, 2026","desc":"agenda briefing worksession held on March 19, 2026; and the formal meeting held on March 25, 2026  B. Resolution Number 26-57 - Resolution to authorize the City Manager to submit an application to the Tourism Development Authority Legacy Investment from Tourism Grant for 3 city projects, to accept said grant funds if awarded; and enter into any agreement documents necessary for such acceptance -   Background:  - The Buncombe County Tourism Development Authority’s LIFT Fund provides financial investment through grants, loan guarantees, or pledges of debt service to tourism-related capital projects that will increase patronage of lodging facilities and benefit the community at large in Buncombe County. - The 2026 cycle for LIFT funding opens on April 1, 2026, with applications due on May 1, 2026. - Staff has identified 3 potential projects for applications for LIFT funding:  - Biltmore Village Sidewalk/Streetscape - $2,300,000 - Eagle Market Sidewalk/Streetscape - $1,500,000 - Craven Street Bike/Ped Bridge - $1,515,800","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-04-14","mt":"regular","id":"B","ref":"RES 26-57","it":"resolution","t":"Resolution to authorize the City Manager to submit an application to the Tourism Development Authority Legacy Investment from Tourism (LIFT) Grant for 3 city projects, accept funds if awarded, and enter into agreement documents","desc":"- Resolution to authorize the City Manager to submit an application to the Tourism Development Authority Legacy Investment from Tourism Grant for 3 city projects, to accept said grant funds if awarded; and enter into any agreement documents necessary for such acceptance -   Background:  - The Buncombe County Tourism Development Authority’s LIFT Fund provides financial investment through grants, loan guarantees, or pledges of debt service to tourism-related capital projects that will increase patronage of lodging facilities and benefit the community at large in Buncombe County. - The 2026 cycle for LIFT funding opens on April 1, 2026, with applications due on May 1, 2026. - Staff has identified 3 potential projects for applications for LIFT funding:  - Biltmore Village Sidewalk/Streetscape - $2,300,000 - Eagle Market Sidewalk/Streetscape - $1,500,000 - Craven Street Bike/Ped Bridge - $1,515,800","c":"Transportation","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-04-14","mt":"regular","id":"C","ref":"RES 26-58","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with US ISS Agency, LLC for a Police Applicant Background Check and Polygraph Testing Provider (two one-year renewal options, not to exceed $360,000)","desc":"- Resolution authorizing the City Manager to execute a contract with US ISS Agency, LLC on behalf of the City of Asheville for a Police Applicant Background Check and Polygraph Testing Provider, with two additional one-year options to renew, not to exceed $360,000 upon budgetary approval by Council for each fiscal year -   Background:  - The Asheville Police Department (APD) is requesting approval from Council to contract with US ISS Agency, LLC to provide police applicant background checks and polygraph testing services. - US ISS is a selected vendor of the North Carolina Sheriffs' Association (NCSA) Cooperative Purchasing Program. - All Police Officer candidates and Civilian employees that work for APD must pass a background investigation and polygraph test before they are hired. - APD is currently understaffed and does not have sworn administrative staff available to complete these hiring functions given the volume of new personnel needing to be vetted for hire. - APD has also found having a dedicated vendor performing these processes has shortened turnaround time from APD working these internally with current limited staff. - APD will execute a contract to include a one year term with two additional one-year options to renew. Motion:  - Motion to adopt a resolution authorizing the City Manager to execute a one-year contract with US ISS Agency, LLC on behalf of the City of Asheville for a Police Applicant Background Check and Polygraph Testing Provider, with two additional one-year options to renew, and a total contract amount not to exceed $360,000 upon budgetary approval by Council for each fiscal year.  D. Resolution authorizing the City Manager to apply for, accept, and sign all of the appropriate application and acceptance documents for the Community Project Funding Award allocated to the City of Asheville as secured through Congressman Chuck Edward’s Office and managed through the Department of Justice Office of Justice Programs, Byrne Justice Grant Budget amendment in the City’s Special Revenue Fund for Community Project Funding Award  These items were removed from the Consent Agenda for discussion. E. Resolution Number 26-60 - Resolution authorizing the City to procure, through a sole source purchase, SmartConnect subscription from the current authorized distributor, Motorola Solutions Inc., and any successor in interest to it, for all Motorola radio purchases since it cannot be competitively bid -   Background:  - The SmartConnect subscription for service is not offered at a discount on the Sourcewell Cooperative which is the procurement method APD uses to purchase handheld radios for officers. The pricing on the co-op is discounted for the equipment, but there is a 0% discount listed for the SmartConnect cellular service that supports the SIM card in the radio. North Carolina General Statutes require that products be discounted for the cooperative to be used as a procurement method. - SmartConnect cellular service is the only software that is compatible with the SmartConnect equipment. This requires the sole source purchase of the SmartConnect cellular service. - SmartConnect technology automatically switches between P25 radio and broadband (LTE/Wi-Fi) to extend the usable service area of an officer’s radio. - The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(6)(i) when price competition for a product is not available, (ii) a needed product is available from only one source or supply. Motion:  - Motion to adopt a resolution authorizing the City to procure, through a sole source purchase, SmartConnect subscription from the current authorized distributor, Motorola Solutions Inc, and any successor in interest to it, for all Motorola radio purchases since it can not be competitively bid. F. Resolution Number 26-61 - Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Housing Authority of the City of Asheville (HACA) for supplemental Asheville Police Department personnel to serve all HACA properties -   Ordinance Number 5210 - Budget amendment for the Memorandum of Understanding with the Housing Authority to Supplement Asheville Police Department Personnel -   Background:  - APD and HACA have negotiated this Agreement for the public purpose of enhancing safety, security, and community stability within public housing neighborhoods located in the City of Asheville through lawful, consistent, and transparent enforcement practices. - The purpose of the MOU is to establish an implementation-ready framework under which APD provides supplemental personnel serving HACA neighborhoods to:  - respond to criminal activity and conduct lawful investigations and enforcement; - support enforcement aligned with HACA House Rules, only to the extent supported by statutes and ordinances; - utilize camera-supported investigative practices for incident response and investigation; and - Implement lawful data sharing, performance reporting, and accountability measures.  - All overtime assignments must be pre-approved by designated supervisory personnel from both APD and Housing. APD shall provide documentation of hours worked, personnel assigned, and activities performed in a format mutually agreed upon by both. - The total estimated value of this agreement, over the full term, shall not exceed $200K, representing the sum of all known costs associated with services provided under this agreement. These costs will be paid using HACA funds. - The City will not provide any funding in relation to this agreement. Motion:  - Motion to adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Housing Authority of the City of Asheville (HACA) for supplemental APD personnel to serve all HACA properties; and approval of a budget amendment of $33,000 for additional revenue received as part of the agreement.  Vice-Mayor Mosley spoke in support of this item.  G. Resolution Number 62 - Resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for Fiscal Year ending June 30, 2026 -   Background:  - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission (LGC). - Staff recommends retaining the services of Cherry Bekaert, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2025. - The estimated cost for the fiscal year 2024-2025 audit includes a base fee of $143,500, which covers 915 hours of audit work and 4 Single Audit programs; and an additional $18,000 for 3 additional Single Audit programs if needed, for a maximum total fee of $161,500. - Execution of this contract complies with the City’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the fourth year of contracting with the Cherry Bekaert, LLP so staff will be recommending to contract with them for another 1 year assuming services are provided as outlined within the engagement letter. Motion:  - Motion to adopt a resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for the fiscal year ending June 30, 2026 in the amount no greater than $161,500. H. Resolution Number 26-63 - Resolution authorizing the Finance Director of the City, or his designee, with advice from the City Attorney and bond counsel to file an application with the Local Government Commission for its approval of the issuance of Water System Revenue Bonds, to include a refinancing of the currently outstanding 2015 Water System Revenue Bonds and certain related matters-  Background:  - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Mills River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - To cover the expenses from the both projects, debt issuance costs, and provide funding for other eligible water system capital expenses, staff plans, in consultation with our financial advisors and bond counsel, to issue the debt in an amount not to exceed $35 million. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the currently outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - Staff will return to City Council at its May 12, 2026 meeting for final approval of the bonds which includes adoption of the Bond Order and Bond Resolution","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-04-14","mt":"regular","id":"D","ref":"","it":"resolution","t":"Resolution authorizing the City Manager to apply for, accept, and sign documents for the Community Project Funding Award (Byrne Justice Grant) secured through Congressman Edwards' Office","desc":"Funding Award allocated to the City of Asheville as secured through Congressman Chuck Edward’s Office and managed through the Department of Justice Office of Justice Programs, Byrne Justice Grant Budget amendment in the City’s Special Revenue Fund for Community Project Funding Award  These items were removed from the Consent Agenda for discussion. E. Resolution Number 26-60 - Resolution authorizing the City to procure, through a sole source purchase, SmartConnect subscription from the current authorized distributor, Motorola Solutions Inc., and any successor in interest to it, for all Motorola radio purchases since it cannot be competitively bid -   Background:  - The SmartConnect subscription for service is not offered at a discount on the Sourcewell Cooperative which is the procurement method APD uses to purchase handheld radios for officers. The pricing on the co-op is discounted for the equipment, but there is a 0% discount listed for the SmartConnect cellular service that supports the SIM card in the radio. North Carolina General Statutes require that products be discounted for the cooperative to be used as a procurement method. - SmartConnect cellular service is the only software that is compatible with the SmartConnect equipment. This requires the sole source purchase of the SmartConnect cellular service. - SmartConnect technology automatically switches between P25 radio and broadband (LTE/Wi-Fi) to extend the usable service area of an officer’s radio. - The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(6)(i) when price competition for a product is not available, (ii) a needed product is available from only one source or supply. Motion:  - Motion to adopt a resolution authorizing the City to procure, through a sole source purchase, SmartConnect subscription from the current authorized distributor, Motorola Solutions Inc, and any successor in interest to it, for all Motorola radio purchases since it can not be competitively bid. F. Resolution Number 26-61 - Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Housing Authority of the City of Asheville (HACA) for supplemental Asheville Police Department personnel to serve all HACA properties -   Ordinance Number 5210 - Budget amendment for the Memorandum of Understanding with the Housing Authority to Supplement Asheville Police Department Personnel -   Background:  - APD and HACA have negotiated this Agreement for the public purpose of enhancing safety, security, and community stability within public housing neighborhoods located in the City of Asheville through lawful, consistent, and transparent enforcement practices. - The purpose of the MOU is to establish an implementation-ready framework under which APD provides supplemental personnel serving HACA neighborhoods to:  - respond to criminal activity and conduct lawful investigations and enforcement; - support enforcement aligned with HACA House Rules, only to the extent supported by statutes and ordinances; - utilize camera-supported investigative practices for incident response and investigation; and - Implement lawful data sharing, performance reporting, and accountability measures.  - All overtime assignments must be pre-approved by designated supervisory personnel from both APD and Housing. APD shall provide documentation of hours worked, personnel assigned, and activities performed in a format mutually agreed upon by both. - The total estimated value of this agreement, over the full term, shall not exceed $200K, representing the sum of all known costs associated with services provided under this agreement. These costs will be paid using HACA funds. - The City will not provide any funding in relation to this agreement. Motion:  - Motion to adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Housing Authority of the City of Asheville (HACA) for supplemental APD personnel to serve all HACA properties; and approval of a budget amendment of $33,000 for additional revenue received as part of the agreement.  Vice-Mayor Mosley spoke in support of this item.  G. Resolution Number 62 - Resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for Fiscal Year ending June 30, 2026 -   Background:  - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission (LGC). - Staff recommends retaining the services of Cherry Bekaert, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2025. - The estimated cost for the fiscal year 2024-2025 audit includes a base fee of $143,500, which covers 915 hours of audit work and 4 Single Audit programs; and an additional $18,000 for 3 additional Single Audit programs if needed, for a maximum total fee of $161,500. - Execution of this contract complies with the City’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the fourth year of contracting with the Cherry Bekaert, LLP so staff will be recommending to contract with them for another 1 year assuming services are provided as outlined within the engagement letter. Motion:  - Motion to adopt a resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for the fiscal year ending June 30, 2026 in the amount no greater than $161,500. H. Resolution Number 26-63 - Resolution authorizing the Finance Director of the City, or his designee, with advice from the City Attorney and bond counsel to file an application with the Local Government Commission for its approval of the issuance of Water System Revenue Bonds, to include a refinancing of the currently outstanding 2015 Water System Revenue Bonds and certain related matters-  Background:  - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Mills River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - To cover the expenses from the both projects, debt issuance costs, and provide funding for other eligible water system capital expenses, staff plans, in consultation with our financial advisors and bond counsel, to issue the debt in an amount not to exceed $35 million. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the currently outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - Staff will return to City Council at its May 12, 2026 meeting for final approval of the bonds which includes adoption of the Bond Order and Bond Resolution","c":"Housing","mo":"other","mv":"","sec":"","r":"","ta":"7-0","cf":"needs_review","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":3},{"d":"2026-04-14","mt":"regular","id":"E","ref":"RES 26-60","it":"resolution","t":"Resolution authorizing the City to procure, through a sole source purchase, SmartConnect subscription from Motorola Solutions Inc. for all Motorola radio purchases","desc":"- Resolution authorizing the City to procure, through a sole source purchase, SmartConnect subscription from the current authorized distributor, Motorola Solutions Inc., and any successor in interest to it, for all Motorola radio purchases since it cannot be competitively bid -   Background:  - The SmartConnect subscription for service is not offered at a discount on the Sourcewell Cooperative which is the procurement method APD uses to purchase handheld radios for officers. The pricing on the co-op is discounted for the equipment, but there is a 0% discount listed for the SmartConnect cellular service that supports the SIM card in the radio. North Carolina General Statutes require that products be discounted for the cooperative to be used as a procurement method. - SmartConnect cellular service is the only software that is compatible with the SmartConnect equipment. This requires the sole source purchase of the SmartConnect cellular service. - SmartConnect technology automatically switches between P25 radio and broadband (LTE/Wi-Fi) to extend the usable service area of an officer’s radio. - The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(6)(i) when price competition for a product is not available, (ii) a needed product is available from only one source or supply. Motion:  - Motion to adopt a resolution authorizing the City to procure, through a sole source purchase, SmartConnect subscription from the current authorized distributor, Motorola Solutions Inc, and any successor in interest to it, for all Motorola radio purchases since it can not be competitively bid. F. Resolution Number 26-61 - Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Housing Authority of the City of Asheville (HACA) for supplemental Asheville Police Department personnel to serve all HACA properties -   Ordinance Number 5210 - Budget amendment for the Memorandum of Understanding with the Housing Authority to Supplement Asheville Police Department Personnel -   Background:  - APD and HACA have negotiated this Agreement for the public purpose of enhancing safety, security, and community stability within public housing neighborhoods located in the City of Asheville through lawful, consistent, and transparent enforcement practices. - The purpose of the MOU is to establish an implementation-ready framework under which APD provides supplemental personnel serving HACA neighborhoods to:  - respond to criminal activity and conduct lawful investigations and enforcement; - support enforcement aligned with HACA House Rules, only to the extent supported by statutes and ordinances; - utilize camera-supported investigative practices for incident response and investigation; and - Implement lawful data sharing, performance reporting, and accountability measures.  - All overtime assignments must be pre-approved by designated supervisory personnel from both APD and Housing. APD shall provide documentation of hours worked, personnel assigned, and activities performed in a format mutually agreed upon by both. - The total estimated value of this agreement, over the full term, shall not exceed $200K, representing the sum of all known costs associated with services provided under this agreement. These costs will be paid using HACA funds. - The City will not provide any funding in relation to this agreement. Motion:  - Motion to adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Housing Authority of the City of Asheville (HACA) for supplemental APD personnel to serve all HACA properties; and approval of a budget amendment of $33,000 for additional revenue received as part of the agreement.  Vice-Mayor Mosley spoke in support of this item.  G. Resolution Number 62 - Resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for Fiscal Year ending June 30, 2026 -   Background:  - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission (LGC). - Staff recommends retaining the services of Cherry Bekaert, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2025. - The estimated cost for the fiscal year 2024-2025 audit includes a base fee of $143,500, which covers 915 hours of audit work and 4 Single Audit programs; and an additional $18,000 for 3 additional Single Audit programs if needed, for a maximum total fee of $161,500. - Execution of this contract complies with the City’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the fourth year of contracting with the Cherry Bekaert, LLP so staff will be recommending to contract with them for another 1 year assuming services are provided as outlined within the engagement letter. Motion:  - Motion to adopt a resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for the fiscal year ending June 30, 2026 in the amount no greater than $161,500. H. Resolution Number 26-63 - Resolution authorizing the Finance Director of the City, or his designee, with advice from the City Attorney and bond counsel to file an application with the Local Government Commission for its approval of the issuance of Water System Revenue Bonds, to include a refinancing of the currently outstanding 2015 Water System Revenue Bonds and certain related matters-  Background:  - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Mills River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - To cover the expenses from the both projects, debt issuance costs, and provide funding for other eligible water system capital expenses, staff plans, in consultation with our financial advisors and bond counsel, to issue the debt in an amount not to exceed $35 million. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the currently outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - Staff will return to City Council at its May 12, 2026 meeting for final approval of the bonds which includes adoption of the Bond Order and Bond Resolution","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"medium","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-04-14","mt":"regular","id":"F","ref":"RES 26-61 / ORD 5210","it":"resolution","t":"Resolution authorizing the City Manager to execute an MOU with the Housing Authority of the City of Asheville (HACA) for supplemental APD personnel to serve all HACA properties; and budget amendment (ORD 5210)","desc":"- Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Housing Authority of the City of Asheville (HACA) for supplemental Asheville Police Department personnel to serve all HACA properties -   Ordinance Number 5210 - Budget amendment for the Memorandum of Understanding with the Housing Authority to Supplement Asheville Police Department Personnel -   Background:  - APD and HACA have negotiated this Agreement for the public purpose of enhancing safety, security, and community stability within public housing neighborhoods located in the City of Asheville through lawful, consistent, and transparent enforcement practices. - The purpose of the MOU is to establish an implementation-ready framework under which APD provides supplemental personnel serving HACA neighborhoods to:  - respond to criminal activity and conduct lawful investigations and enforcement; - support enforcement aligned with HACA House Rules, only to the extent supported by statutes and ordinances; - utilize camera-supported investigative practices for incident response and investigation; and - Implement lawful data sharing, performance reporting, and accountability measures.  - All overtime assignments must be pre-approved by designated supervisory personnel from both APD and Housing. APD shall provide documentation of hours worked, personnel assigned, and activities performed in a format mutually agreed upon by both. - The total estimated value of this agreement, over the full term, shall not exceed $200K, representing the sum of all known costs associated with services provided under this agreement. These costs will be paid using HACA funds. - The City will not provide any funding in relation to this agreement. Motion:  - Motion to adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Housing Authority of the City of Asheville (HACA) for supplemental APD personnel to serve all HACA properties; and approval of a budget amendment of $33,000 for additional revenue received as part of the agreement.  Vice-Mayor Mosley spoke in support of this item.  G. Resolution Number 62 - Resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for Fiscal Year ending June 30, 2026 -   Background:  - North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission (LGC). - Staff recommends retaining the services of Cherry Bekaert, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2025. - The estimated cost for the fiscal year 2024-2025 audit includes a base fee of $143,500, which covers 915 hours of audit work and 4 Single Audit programs; and an additional $18,000 for 3 additional Single Audit programs if needed, for a maximum total fee of $161,500. - Execution of this contract complies with the City’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.” - This will be the fourth year of contracting with the Cherry Bekaert, LLP so staff will be recommending to contract with them for another 1 year assuming services are provided as outlined within the engagement letter. Motion:  - Motion to adopt a resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for the fiscal year ending June 30, 2026 in the amount no greater than $161,500. H. Resolution Number 26-63 - Resolution authorizing the Finance Director of the City, or his designee, with advice from the City Attorney and bond counsel to file an application with the Local Government Commission for its approval of the issuance of Water System Revenue Bonds, to include a refinancing of the currently outstanding 2015 Water System Revenue Bonds and certain related matters-  Background:  - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Mills River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - To cover the expenses from the both projects, debt issuance costs, and provide funding for other eligible water system capital expenses, staff plans, in consultation with our financial advisors and bond counsel, to issue the debt in an amount not to exceed $35 million. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the currently outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - Staff will return to City Council at its May 12, 2026 meeting for final approval of the bonds which includes adoption of the Bond Order and Bond Resolution","c":"Housing","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"medium","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-04-14","mt":"regular","id":"G","ref":"RES 26-62","it":"resolution","t":"Resolution authorizing the Mayor to execute a contract with Cherry Bekaert, LLP for auditing City accounts for the fiscal year ending June 30, 2026","desc":"","c":"Contracts & Procurement","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-04-14","mt":"regular","id":"H","ref":"RES 26-63","it":"resolution","t":"Resolution authorizing the Finance Director to file an application with the Local Government Commission for approval of the issuance of Water System Revenue Bonds, including refinancing of the 2015 Water System Revenue Bonds","desc":"- Resolution authorizing the Finance Director of the City, or his designee, with advice from the City Attorney and bond counsel to file an application with the Local Government Commission for its approval of the issuance of Water System Revenue Bonds, to include a refinancing of the currently outstanding 2015 Water System Revenue Bonds and certain related matters-  Background:  - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Mills River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - To cover the expenses from the both projects, debt issuance costs, and provide funding for other eligible water system capital expenses, staff plans, in consultation with our financial advisors and bond counsel, to issue the debt in an amount not to exceed $35 million. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the currently outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - Staff will return to City Council at its May 12, 2026 meeting for final approval of the bonds which includes adoption of the Bond Order and Bond Resolution","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-04-14","mt":"regular","id":"I","ref":"RES 26-64","it":"resolution","t":"Resolution of intent to permanently close a portion of unopened right-of-way on the western edge of Saint Dunstan's Road, and to set a public hearing for May 12, 2026","desc":"- Resolution Of Intent To Permanently Close A Portion Of Unopened Right-Of-Way On The Western Edge Of Saint Dunstan’s Road Between 159 Saint Dunstan’s Road And 183 Saint Dustans Road, And To Set A Public Hearing For May 12, 2026 -  Background:  - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest, the property rights of any individuals, and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Susanne Godsey petitioned for this closure on behalf of herself and the property owners adjacent to the area requested to be closed on Saint Dunstan’s. - When Saint Dunstan’s Road was originally platted in 1922, the roadway included a widened area in the northwest corner and a small triangular-shaped island referred to on the plat as a “parkway”. - The “parkway” island was constructed and a portion of it remains today; however, the roadway area shown in the original plat on the west side of the island does not appear to have ever been constructed and has never been maintained by the City as part of Saint Dunstan’s Road. - Instead, this excess unopened portion of the right-of-way area has served as driveway access to the parcels/homes there, and until recently the property owners were unaware that their properties did not access Saint Dunstan's Road. - Therefore, this action is seeking to close the excess unopened right-of-way to enable the division of the area among the parcels seeking the closure, which will allow them to construct driveways to access Saint Dunstan’s. - Two utility easements are required to be retained within the area to be closed, including a 10-foot drainage easement for stormwater for a future swale on Saint Dunstan’s and a 20-foot easement for water infrastructure.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-04-14","mt":"regular","id":"IV-A","ref":"ORD 5207","it":"public_hearing","t":"Public hearing / ordinance to amend the conditional zoning ordinance (ORD 5180) for 30 Buchanan Place (McCormick Field) to make amendments to the project conditions","desc":"- Ordinance to amend the conditional zoning ordinance (Ordinance No. 5180) for property located at 30 Buchanan Place for the purpose of making amendments to the project conditions -   Principal Planner Will Palmquist said that this is the consideration of amending the conditional zoning ordinance (Ordinance No. 5180) for property located at 30 Buchanan Place for the purpose of making amendments to the project conditions. This public hearing was advertised on April 3 and 10, 2026. Project Location and Contacts:  - The project site totals 8.25 acres located at 30 Buchanan Pl (PIN 9648-47-8566) - Owner: City of Asheville  Summary of Petition:  Project Site  - The project area consists of 8.25 acres located at 30 Buchanan Pl and is identified in the Buncombe County land records as PIN 9648-47-8566. - The site is the location of McCormick Field, a minor league baseball venue for the Asheville Tourists. - The site is currently zoned Institutional - Conditional Zone (INST-CZ) by Ord. No. 5046 and Ord. No. 5180. - Ord. No. 5045 adopted October 24th, 2023, established the conditional zoning for the property for the purposes of providing technical modifications to the underlying zoning for the planned expansion and renovation of McCormick Field. Ord. No. 5180 amended the conditional zoning to provide an additional technical modification for outdoor lighting standards. - The site is designated “Parks / Open Space” on the city’s Future Land Use (FLU) Map. A change in the FLU designation will not be required.  Overall Project Proposal  - The project is requesting an amendment to the conditional zoning in order to receive one additional technical modification regarding the maximum number and square footage of on-premise signage. - McCormick Field is proposing, as part of its planned renovation and expansion, to install three new on-premise signs that total 292 SF, as described below. This would be an increase over the allowed signage in the Institutional (INST) district of 2 signs at 120 SF total. - The three signs proposed consist of:  - One internally illuminated sign located on top of the ticket entry area with a maximum square footage of 64 SF. - One internally illuminated sign located above the right field grandstand with a maximum square footage of 100 SF. - One mural sign located on the pavilion wall with a maximum square footage of 128 SF.  Technical Modifications  - In addition to technical modifications approved by ordinances. 5046 and 5180, the project is seeking one additional technical modification to development standards through the conditional zoning process, including:  - Maximum on-premise signage of three signs at 292 SF total, instead of the 2 signs at 120 SF total maximum in UDO Article 7-13.  Consistency with the Comprehensive Plan and Other Plans:  Living Asheville Comprehensive Plan (2018)  - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Promote Access to Well-Maintained Parks and Open Space for All - by dedicating adequate resources to meet the maintenance demands of existing parks, including sufficient capital and operational funding consistent with best management practices and community standards for high level of service. - Enhance and Celebrate Asheville’s Unique Places and Destinations - by continuing to create accessible urban places throughout the city and ensure that downtown services, amenities, and resources are designed to serve residents as well as visitors.  - The proposed development is compatible with the Future Land Use designations of “Parks and Open Space”, which is proposed, in part, that it “includes a wide variety of different park facilities, active and passive open space, and greenways. Parks and open space are a community need and new parks, including park maintenance, will be required to serve areas of the community in an equitable fashion”.  Compatibility Analysis:  - The proposed project is compatible with the surrounding land uses,including:  - Memorial Stadium and Mountain Side Park, located directly east of the project site. - The commercial uses located throughout Asheville’s South Slope, located to the west of the project site. - The surrounding residential neighborhoods located to the north and south of the project site. - The proposed signage itself is compatible within the context of the site, given the distance of the signs from a public street (between 200’ and 300’), as well as the overall scale of the buildings and property (8.25 acres).  Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated above. Committee(s):  - Planning & Zoning Commission - April 1, 2026 - approved 7-0 to move forward to City Council.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He showed the proposed signage, along with the project conditions = In addition to technical modifications approved by Ord. No. 5046 & 5180, the project is seeking one additional technical modification to development standards through the conditional zoning process including: Maximum number and square footage of on-premise signage above the maximum allowance, to include three on-premise signs totaling 292 SF, consisting of: (a) One internally illuminated sign located on top of the ticket entry area with a maximum square footage of 64 SF’ (b) One internally illuminated sign located above the right field grandstand with a maximum square footage of 100 SF; and (c) One mural sign located on the pavilion wall with a maximum square footage of 128 SF. The Planning & Zoning Commission voted unanimously to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning amendment.  Mayor Manheimer opened the public hearing at 6:06 p.m., and when no one spoke, she closed the public hearing at 6:06 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2026-04-14","mt":"regular","id":"J","ref":"","it":"other","t":"Motion to adopt City of Asheville property tax refunds and releases for the month of February 2026 (per N.C. Gen. Stat. 105-381)","desc":"ty tax refunds and releases for the month of February 2026.","c":"Budget & Finance","mo":"consent_batch","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-04-14","mt":"regular","id":"VI-A","ref":"ORD 5208","it":"ordinance","t":"First reading of an ordinance amending Article VI, Regulation of Graffiti, of Chapter 10, Nuisances, to amend the definition of graffiti","desc":"- First Reading of an ordinance amending Article VI, Regulation of Graffiti, of Chapter 10, Nuisances, of the Asheville Code of Ordinances to amend the definition of graffiti -   Assistant City Attorney Carly Gillingham said that this is the consideration of the first reading of an ordinance amending Article VI, Regulation of Graffiti, of Chapter 10, Nuisanances, of the Code of Ordinances to amend the definition of graffiti.  Background:  - §§ 10-110–10-115 of the Code of Ordinances regulate graffiti as a public nuisance. - Current definition of graffiti in §10-110 includes temporary, easily removable chalk and other water soluble materials unless used “in connection with traditional children’s activities” or “any lawful business or public purpose or activity.” - City leadership has expressed interest in easing restrictions on street and sidewalk chalk. Staff is interested in continuing to regulate some chalk as graffiti, like forms of chalk that are more permanent than sidewalk chalk; chalk graffiti placed on surfaces other than streets and sidewalks (vertical walls, sitting surfaces, monuments, etc.); and chalk graffiti that may pose a public safety risk. - Proposed amendment would modify the definition of “graffiti” to.  - (1) remove “chalk” (but add and define “sprayable chalk” in response to Public Works staff identifying the existence of industrial-grade, less soluble types of sprayable chalks similar to spray paint); - (2) permit temporary, easily removable chalk/water soluble markings provided they are placed upon streets or sidewalks (in response to Public Works staff identifying challenges stemming from chalk placed on monuments, vertical walls, sitting surfaces, etc. being more difficult to remove and not washing off naturally in rainy weather) and provided they do not pose any public safety risk; and - (3) keep the exception for any markings (of any material) made to denote locations of underground utility infrastructure, survey control data, and survey location points. Committee(s):  - Public Safety Committee - March 26th, 2026 - 2-0 approval to move forward to City Council Pro(s)  - Removes undefined terms from existing ordinance language to promote clarity - Eases restrictions on most “sidewalk chalk” - May save staff resources Con(s)  - Limits staff’s ability to remove chalk from City-owned property or order removal from private property, which may cause an increase in visible chalk markings Fiscal Impact  - May reduce staff time/material costs to address temporary, removable graffiti.  Assistant City Attorney Carly Gillingham provided Council with the following key takeaways from her presentation: (1) Code of Ordinances, §§ 10-110–10-115, regulate graffiti as public nuisance; (2) Current definition of “graffiti “ in §10-110 includes temporary, easily removable chalk and other water soluble materials unless used “in connection with traditional children’s activities” or “any lawful business or public purpose or activity; and (3) Proposed amendment would modify the definition of “graffiti” to: (a) Remove “chalk” from general definition (but add/define “sprayable chalk” to include industrial-grade, less soluble sprayable chalk similar to spray paint); (b) Remove undefined terms like “lawful business” and “public purpose or activity;” (c) Exclude “chalk” markings from definition of graffiti so long as they are placed upon streets or sidewalks and do not pose any public safety risk; and (d) Keep exceptions for any markings done for utilities or surveys.  The background is (1) the graffiti ordinance was first passed in 2014; (2) the ordinance allows criminal and civil enforcement via penalties to perpetrators and property owners who fail to remove graffiti after notice; (3) it contains a provision for appeals of enforcement actions; (4) the current definition of “graffiti” includes “chalk,” unless it is “used in connection with traditional children's activities such as drawings of bases for ball games, hopscotch and similar activities” or “in connection with any lawful business or public purpose or activity; (5) the amendment is intended to update ordinance according to evolving first amendment legal guidance, improve clarity, and to ensure efficiency of staff resources; (6) in November, a resident who was cited for chalk markings made on a public sidewalk appealed the Notice of Violation (NOV) and citation; (7) the appeals committee (convened of dept. directors, per ordinance) recommended upholding the NOV but removing the citation and considering amending the ordinance for clarity and efficiency; (8) consistent with the committee’s recommendation, Interim City Manager Ben Woody issued his decision on the appeal to the resident, waiving the civil penalty but upholding the NOV; and (7) This amendment accordingly would remove unnecessary restrictions on sidewalk chalk.  The proposed amendment would: (1) remove “chalk” (but add in “sprayable chalk” (as defined therein) in response to Public Works staff identifying the existence of industrial-grade, less soluble types of sprayable chalks similar to spray paint); (2) permit temporary, easily removable chalk/water soluble markings provided they are placed upon streets or sidewalks (in response to Public Works staff identifying challenges stemming from chalk placed on monuments, vertical walls, sitting surfaces, etc. being more difficult to remove and not washing off naturally in rainy weather) and provided they do not pose any public safety risk; and (3) keep the exception for any markings (of any material) made to denote locations of underground utility infrastructure, survey control data, and survey location points. The practical results of this amendment would be: (1) Chalk markings on streets and sidewalks no longer graffiti, unless they pose public safety risk; (2) Maintains exception for utility and survey markings; and (3) May reduce staff time and material costs associated with addressing temporary, easily removable graffiti.  The proposed amendment would read “Graffiti: Writings, drawings, inscriptions, figures or marks of paint, ink, dye, sprayable chalk (including chalk paint, marking chalk, inverted chalk, and similar substances), or other similar substances on public or private buildings, sidewalks, streets, structures, or places which are not authorized or permitted by the property owner or possessor. Markings made using temporary, easily removable chalk or other water soluble markings are not included in this definition if made upon streets or sidewalks unless it is determined that such markings create a public safety risk. This definition shall not be construed to prohibit any markings used to denote the location of underground utility infrastructure and those used in conjunction with establishing survey control data and location points by survey crews. For the purposes of this chapter, graffiti shall include drawings, writings, markings or inscriptions regardless of the content or nature of materials used in the commission of the act, except as otherwise provided herein.”  When Mayor Manheimer asked for public comments, none were received.","c":"Transportation","mo":"individual","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2026-04-14","mt":"regular","id":"VI-B","ref":"ORD 5209","it":"ordinance","t":"Ordinance amending Chapter 4 of the Code of Ordinances to provide for repair, closing, or demolition of abandoned structures (new Article VIII, Abandoned Structures)","desc":"- Ordinance amending Chapter 4 of the Code of Ordinances of the City of Asheville to provide for repair, closing, or demolition of abandoned structures -   Director of Development Services Mark Matheny said that this is the consideration of an ordinance amending Chapter 4 of the Code of Ordinances to provide for repair, closing, or demolition of abandoned structures.  Background:  - City Ordinance Chapter 4 Article 6 Unsafe Buildings and Chapter 4 Article 7 Housing Code are the compliance divisions two main ordinances for addressing unsafe or dilapidated buildings and dwellings. - Current Code does not provide staff the ability to address buildings and dwellings that are structurally sound, but abandoned and unused and that have become a nuisance. - Adoption of this ordinance would fill the gap between our current codes and provide alternative measures for compliance. Committee(s):  - Public Safety Committee - January 29th, 2026, No Recommendation - Public Safety Committee - March 26th, 2026 - Voted 2-0 to move forward to City Council Pro(s)  - The expanded ability to address and enforce the nuisance of abandoned buildings Con(s)  - None Fiscal Impact  - Adopting this ordinance will not immediately create a fiscal impact. This ordinance will provide enforcement staff an additional tool to initiate and pursue cases within our current compliance path. Any fiscal resources that could potentially be needed, would need separate council action and approval in the same way as our current methods.  - Staff has discussed a future Proactive Abandoned Building Demolition Program that would create a much larger fiscal impact and is not a part of this ordinance update request. This would include a substantial remediation budget and the addition of two full-time employee positions. Additional resources will be considered during a subsequent budget development process.  Mr. Matheny provided the following key takeaways from his presentation: (1) The proposed ordinance update provides an additional tool for our Compliance Team to pursue the Building Regulatory Compliance process; (2) Compliance Team regulates the Unsafe Building Ordinance and Minimum Housing; (3) Compliance of the ordinance includes providing a safe (remediated) building for the general public - A demolished building isn’t the only compliance option; (4) Since 2023, the efforts of our Compliance Team have resulted in the demolition of 8 residential buildings that qualified as Abandoned - Demolition occurred by the current owner or new owners of the property; and (5) A proactive building demolition program is not included in this ordinance change and would require significant additional human and financial resources.  He said the term “ Abandoned Building” originates from the NC General Statute 160D-1201 which is the basis of this Ordinance Update. “...the past one year period and which is determined by the City to be a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities.”  To provide additional tools to use for the compliance/enforcement regulatory process, the following sections are requested to be amended: (1) Section 4-224. Purpose - The purpose of this article is to authorize the remediation and prevention of the health or safety hazards posed by abandoned structures by empowering the City to take action to repair, close, or demolish such structures for the protection of the life, health, welfare, safety, and property of the general public; and (2) Section 4-225. Scope - The provisions of this article are applicable to all structures existing and hereafter constructed within the City of Asheville that are abandoned structures necessitating repair, closing, or demolition to protect public health, welfare and safety.  Throughout discussion, Mr. Matheny responded to various questions/comments from Council, some being, but are not limited to: how are we distinguishing between abandoned buildings draining our resources and buildings damaged by Tropical Storm Helene; how does the inventory help with what we currently have if we are not funding the demolition; how would this change affected the Mountaineer Inn property; and what happens if property owners are actively working on their property or waiting on federal assistance.  City Attorney Branham said that the state statute that allows us to adopt this particular ordinance says that City Council already has the authority to do the exact same thing for residential properties, and it just requires this additional step for non-residential properties.  Mr. Drew West, representing the Council of Independent Business Owners, spoke in opposition of the adoption of the ordinance, and urged Council to revisit the ordinance with input from the business community. They believe a more balanced approach is needed - one that targets truly dangerous properties while protecting property rights, encouraging investment, and ensuring clear, consistent standards.  Mr. Matt Allen, representing the local REALTOR association, requested City Council pause consideration of this ordinance in order to provide more clarity for impacted property wonders, and to avoid unintended consequences.  Mayor Manheimer felt that we have been cautious with the use of these ordinances and doesn’t think this approach would change with adoption of this ordinance. She felt this is another opportunity to add to the City’s toolbox.  Vice-Mayor Mosley could not support the ordinance. She felt that if this ordinance passes, the community will have expectations which this ordinance will not address. She has suggested we fund these positions for the Proactive Abandoned Building Demolition Program, but they are not funded next fiscal year, and it may not happen for years.","c":"Public Safety","mo":"individual","mv":"Hess","sec":"Turner","r":"passed","ta":"6-1","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":12},{"d":"2026-04-14","mt":"regular","id":"VI-C","ref":"RES 26-59","it":"resolution","t":"Resolution authorizing the renaming of Lewis McCormick Field at 30 Buchanan Place to Hometrust Park","desc":"Resolution authorizing the renaming of Lewis McCormick Field located at 30 Buchanan Place in the City of Asheville, North Carolina, to Hometrust Park - Director of Community & Regional Entertainment Facilities Chris Corl said that this is consideration of a resolution authorizing the renaming of Lewis McCormick Field located at 30 Buchanan Place in the City of Asheville, North Carolina, 28801 to Hometrust Park. Background: - The City of Asheville owns Lewis McCormick Field, opened in 1924 and named after the then staff bacteriologist Dr. Lewis McCormick who started the ‘Swat That Fly’ campaign in 1905 to reduce the area’s burgeoning problem with the housefly. - Dewine Seeds - Silver Dollar Baseball, LLC. owns the Asheville Tourists, a Major League Baseball (MLB) Professional Development League (PDL) team which plays its home games at McCormick Field. - The Asheville Tourists have called McCormick Field home since 1924, with some exceptions around World War II when minor league baseball was suspended. The current ownership group has leased the facility from the City since 2010. - On March 14, 2023, Asheville City Council approved Resolution 23-49 authorizing the City manager to sign a funding letter of commitment to Major League Baseball regarding the City’s intent to bring the facility into compliance with MLB PDL facility standards at an estimated total cost of $37.5 Million. - Funding to offset the debt services required for a construction project of this magnitude was sourced and committed to by four entities. - City of Asheville - Buncombe County Government - Buncombe County Tourism Development Authority - Dewine Seeds - Silver Dollar Baseball LLC. - On May 13, 2025, Asheville City Council approved Resolution 25-95 authorizing a long-term lease agreement with Dewine Seeds - Silver Dollar Baseball, LLC. As part, the team is responsible for annual lease payments, averaging over $475,000 to the City for use to offset debt service payments. - Within the lease agreement, Section 8.07 Naming Rights, the City has granted the right and authority to market and sell Naming Rights for the facility and to retain the revenue therefrom. The identity of any future sponsor of the name of the facility (the ‘Naming Rights’) shall be subject to approval of the City, such approval will not be unreasonably withheld, conditioned or delayed. - Potential Naming Rights payments were calculated into the potential capital stack required to offset debt service payments on the renovation project. In order to protect the City’s risk, the effort and expense to sell Naming Rights was placed on the team during contract negotiations. - Asheville Tourists staff has secured a naming rights sponsor and proposes to rename the facility to ‘Hometrust Park’ after the sponsor, publicly traded and locally operated regional bank, Hometrust Bank. - Hometrust Bank is a strong community partner supporting many organizations in the Asheville area with company fundamentals that align well with Council goals. Pro(s): - Naming sponsor is a local company - Naming rights funds help to ensure team is able to pay annual lease payments and reinvest in the facility through the term of the lease agreement. Con(s): - None Fiscal Impact: - No fiscal impact to the City, revenue from Naming Rights sponsorship is paid directly to the team. - There are no City expenses associated with Naming Rights, all expenses are that of the Team. Mr. Corl provided the following key takeaways from his presentation: (1) Lewis McCormick Field is owned by the City, originally named after then staff Bacteriologist, Dr. Lewis McCormick and leased to the Asheville Tourists; (2) A $38.5 million renovation will be completed in April 2026 to bring the facility into compliance with Major League Baseball Professional Development League facility standards; (3) City Council approved a 20 year lease of the facility in May 2025 with annual lease payments from the Team utilized to help offset annual debt service payments; (4) Within the lease a provision grants the right and authority to market and sell naming rights for the facility and to retain the revenue therefrom to the team; and (5) The Team has secured a naming rights sponsor and proposes to rename the facility to ‘Hometrust Park’ after the sponsor, publicly traded and locally operated regional bank, Hometrust Bank. Mr. Corl then gave a brief history from 2016 to April 21, 2026 - opening day. Regarding key deal points, each entity involved required specific conditions to be met in order to support the project. Key goals and requirements in across agreements; Meet MLB Facility Standard; Guarantee Team must stay in Asheville through the duration of the debt service payments; Requirement to expand events outside of professional baseball; Expand event season to year round (previously April - August); Retain affordability in ticket pricing for baseball; Expand sustainability practices at concession stands; Maximize private sector funding (team lease and Naming Rights); Manage traffic for baseball and non-baseball events; and Amend fireworks nights. Regarding naming rights, (1) Lease provides the right and authority to market and sell Naming Rights for the stadium, and to retain the revenue therefrom to the Team; (2) Team is responsible for all costs and expenses associated with the sale and execution of Naming Rights; (3) The identity of any future sponsor of the name of the stadium shall be subject to approval of City, which cannot be unreasonably withheld, conditioned or delayed; (4) The name shall be appropriate for a publicly-owned facility and shall not be in bad tast, offensive to the City’s image, a potential source of embarrassment to City or in conflict with the City’s community standards; and (5) Potential Naming Rights funds were factored into the total annual payments from the Team to the City during contract negotiations. Regarding Hometrust Bank, (1) Headquartered in Asheville; (2) Frequent award winner - Best places to work; Most loved workplaces; Best banks; and Best banks to work for; and (3) Company Fundamentals align with City Council visions and priorities - Literacy initiatives; Affordable housing; Financial education; and more. Councilwoman Roney noted that we now have a lease for not only baseball, but other park uses. There are a lot of ways for the public to benefit. Mr. Corl responded to Councilwoman Roney about how parking will be addressed for concerts. Mr. Dennis Justice spoke in opposition of the naming rights and felt the field should remain “McCormick Field”. In response to Councilwoman Turner, Mr. Corl explained how there will be a history walk and everything in that history walk talks about the McCormick Field history from the beginning to the present.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1cRjZ1p2EmrZMLgoJUk9UmreB333d7KlbDhgqJKuVr2U/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2026-04-28","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the worksession held on April 9, 2026, and the formal meeting held on April 14, 2026","desc":"agenda briefing worksession held on April 9, 2026, and the formal meeting held on April 14, 2026  B. Resolution Number 26-65 - Resolution to permit the possession and consumption of malt beverages and/or unfortified wine at Asheville Veganfest on June 7, 2026 -   Resolution Number 26-66 - Resolution to permit the possession and consumption of malt beverages and/or unfortified wine at the Asheville Craft Beer Half Marathon on August 29, 2026 -   - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on public streets and property owned, occupied, or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival. - Triangle Vegfest has requested that City Council permit them to serve beer and/or unfortified wine at Asheville Veganfest on June 7, 2026, at Pack Square Park, and allow for consumption at the event. - Sisu Running Foundation has requested that City Council permit them to serve beer and/or unfortified wine at the Asheville Craft Beer Half Marathon on August 29, 2026, at Pack Square Park, and allow for consumption at the event. - Alcohol boundaries are defined as per the accompanying event site maps. Approval would allow fundraising opportunities for the sponsoring nonprofit organizations. No negative fiscal impacts have been identified.  - Motion to adopt resolutions to permit the possession and consumption of malt beverages and/or unfortified wine at Asheville Veganfest and the Asheville Craft Beer Half Marathon.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-04-28","mt":"regular","id":"B","ref":"RES 26-65 / RES 26-66","it":"resolution","t":"Resolutions to permit possession and consumption of malt beverages/wine at Asheville Veganfest and the Asheville Craft Beer Half Marathon","desc":"- Resolution to permit the possession and consumption of malt beverages and/or unfortified wine at Asheville Veganfest on June 7, 2026 -   Resolution Number 26-66 - Resolution to permit the possession and consumption of malt beverages and/or unfortified wine at the Asheville Craft Beer Half Marathon on August 29, 2026 -   - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on public streets and property owned, occupied, or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival. - Triangle Vegfest has requested that City Council permit them to serve beer and/or unfortified wine at Asheville Veganfest on June 7, 2026, at Pack Square Park, and allow for consumption at the event. - Sisu Running Foundation has requested that City Council permit them to serve beer and/or unfortified wine at the Asheville Craft Beer Half Marathon on August 29, 2026, at Pack Square Park, and allow for consumption at the event. - Alcohol boundaries are defined as per the accompanying event site maps. Approval would allow fundraising opportunities for the sponsoring nonprofit organizations. No negative fiscal impacts have been identified.  - Motion to adopt resolutions to permit the possession and consumption of malt beverages and/or unfortified wine at Asheville Veganfest and the Asheville Craft Beer Half Marathon.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-04-28","mt":"regular","id":"C","ref":"RES 26-67","it":"resolution","t":"Resolution authorizing an Amended Joint Cooperation Agreement adding Mars Hill and Marshall to the Asheville Regional Housing Consortium","desc":"Resolution authorizing the City Manager to execute an Amended Joint Cooperation Agreement to add the Town of Mars Hill and the Town of Marshall to the Asheville Regional Housing Consortium - The Asheville Regional Housing Consortium has been operating under the assumption that Marshall and Mars Hill were active members; however, city staff were recently informed that the process to officially add these two new members was never finalized. - Staff is currently working with the existing consortium members to formalize the addition of the Towns of Marshall and Mars Hill. - To successfully admit Marshall and Mars Hill to the Consortium, all current members must provide a signed resolution from their respective governing boards approving the addition of the new members. - Move to approve a resolution to authorize the addition of Marshall and Mars Hill to the Asheville Regional Housing Consortium.","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-04-28","mt":"regular","id":"D","ref":"RES 26-68","it":"resolution","t":"Resolution authorizing an amendment to the Interlocal Agreement with Buncombe County for Code Purple emergency operations","desc":"Resolution authorizing the City Manager to execute an amendment to the Interlocal Agreement with Buncombe County to accept and administer matching County funds for Code Purple emergency operations - The Asheville-Buncombe Continuum of Care (CoC) coordinated the plan, providers, and budgets for Code Purple and Winter Shelter this season. - The City of Asheville and Buncombe County each provided $50,000 in budgeted funds to support Code Purple. City staff administer all funds through contracts with service providers based on the CoC’s plan. - In response to Winter Storm Gianna, Code Purple providers collaborated to stay open during the day due to life-threatening temperatures. - City and County management have agreed to support operational costs for service providers for daytime operations February 1 and 2, 2026, which total $8,753.29. - Staff are seeking Council action to accept $4,376.64 from Buncombe County for this purpose. Matching City funds will be provided through available American Rescue Plan Act (ARPA) funds. - Motion authorizing a resolution authorizing the City Manager to execute an amendment to the Interlocal Agreement with Buncombe County to accept and administer matching County funds for Code Purple emergency operations","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-04-28","mt":"regular","id":"E","ref":"RES 26-69","it":"resolution","t":"Resolution authorizing a three year general services contract with RTI International for lead and copper testing","desc":"Resolution authorizing the City Manager to enter into a three year general services contract with RTI International to provide lead and copper testing - This contract is part of the City’s Free Lead Testing for all City of Asheville Water Customers to help expand the Lead Awareness Education Program. - Will help customers determine if there is a lead issue with their household plumbing or service line. - The lead and copper analysis is free for any City of Asheville Water Customer. - Will help Water Resources identify any areas where lead could be present in the service lines and prepare for the Lead and Copper Rule Improvements that come into effect November 1, 2027. - Motion to adopt a resolution authorizing the City Manager to enter into a three year general services contract with RTI International to provide lead and copper analysis of drinking water for the City’s compliance testing and Customer Lead Testing Program, and to sign any documents necessary to effect this resolution.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-04-28","mt":"regular","id":"F","ref":"RES 26-70","it":"resolution","t":"Resolution authorizing an amendment to a contract with Chonzie, Inc. for predictive modeling service line inventory","desc":"Resolution authorizing the City Manager to amend a contract Chonzie, Inc. for predictive modeling service line inventory with the Water Resources Department - Water Resources is required to build a water service line inventory per US EPA & NC Department of Environment Quality (NCDEQ) regulations. - Water Resources service line inventory currently has approximately 37,000 service lines classified as unknown sites, which must be determined by October 2027. - Water Resources is currently under contract with VODA.ai to provide predictive modeling services to help meet the service line inventory deadline requirements. - Currently the predictive modeling process requires 385 locations to be investigated to supply the predictive modeling software data to determine next steps in the inventory process. - Chonzie, Inc. was selected to perform the service line inspections required for the project after Water Resources performed the Informal Construction Bid process. - Due to a 53% increase in fuel prices since the bidding process, a fuel surcharge is being added to the contract. - The contractor will be required to provide fuel receipts to track cost during the project. - Motion to adopt a resolution authorizing the City Manager to amend current contract # 92600338 with Chonzie, Inc. for predictive modeling service line inventory with the Water Resources Department from $140,200.00 to add a fuel surcharge of $8,782.04. The total contract amount will not exceed $148,982.04.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-04-28","mt":"regular","id":"G","ref":"RES 26-71 / ORD 5211","it":"resolution","t":"Resolution authorizing a contract with Morgan Corporation for the North Fork Dam Helene Repairs Construction Project; budget amendment","desc":"- Resolution authorizing the City Manager to execute a contract with Morgan Corporation for the North Fork Dam Helene Repairs Construction Project -   Ordinance Number 5211- Budget amendment for the North Fork Dam Helene Repairs Construction Project -   - On September 27, 2024 Tropical Storm Helene and associated flooding activated the auxiliary spillway at the North Fork Water Treatment Plant. - In order to pass a larger volume of raw water into the auxiliary spillway activation (sacrifice) of Fusegate P4 was required. - The Auxiliary spillway operated as designed and reduced the reservoir to a safe level protecting the community, Burnette Reservoir and Dam. - This project will replace the P4 Fusegate in the North Fork Auxiliary spillway, and repair other Helene associated damages to both the Auxiliary and Primary spillway structures. - Motion authorizing the City Manager to execute a contract with Morgan Corporation for the North Fork Dam Tropical Storm Helene Repairs at cost of $865,086 with a 15% contingency of $129,763 totaling $994,849; and the associated budget amendment, in the amount of $994,849.  H. Resolution Number 26-72 - Resolution authorizing the City Manager to amend the professional services contract with Ardurra Group, Inc. to provide engineering services for North Fork Transmission Main No 3 Project -   - The existing professional services contract provides engineering design services for the proposed North Fork Transmission Main No 3 Project, which includes approximately 30,000 linear feet of new Water Transmission Main and all associated infrastructure and appurtenances from North Fork Water Treatment Plant. - In the aftermath of Hurricane Helene, it was determined that a new transmission main from the City’s primary water treatment plant is needed and it must be routed at a higher elevation further away from a restricted river corridor to reduce vulnerabilities to future flooding events. This proposed mitigation project is intended to meet those goals. - In August of 2025, Council authorized the City Manager to enter into a contract with the engineering consulting firm Ardurra for professional services for the North Fork Transmission Main No. 3 project. - In order to advance the contract and begin work on the preliminary design requirements, the Water Resources Department initially funded the contract with $268,000 from the City of Asheville Water Resources Department Capital Improvement Project budget, while additional funding sources were being sought. - A contract amendment is needed to increase the value of the existing professional services contract and to advance the water transmission main design to 60%. - The design and construction of this project has been submitted for a Hazard Mitigation Grant (HMGP). If awarded, the City will be reimbursed for this contract. - Motion to adopt a resolution authorizing the City Manager to amend the professional services contract with Ardurra Group, Inc. to provide engineering services for North Fork Transmission Main No 3 Project.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-04-28","mt":"regular","id":"H","ref":"RES 26-72","it":"resolution","t":"Resolution authorizing an amendment to the professional services contract with Ardurra Group for North Fork Transmission Main No. 3","desc":"- Resolution authorizing the City Manager to amend the professional services contract with Ardurra Group, Inc. to provide engineering services for North Fork Transmission Main No 3 Project -   - The existing professional services contract provides engineering design services for the proposed North Fork Transmission Main No 3 Project, which includes approximately 30,000 linear feet of new Water Transmission Main and all associated infrastructure and appurtenances from North Fork Water Treatment Plant. - In the aftermath of Hurricane Helene, it was determined that a new transmission main from the City’s primary water treatment plant is needed and it must be routed at a higher elevation further away from a restricted river corridor to reduce vulnerabilities to future flooding events. This proposed mitigation project is intended to meet those goals. - In August of 2025, Council authorized the City Manager to enter into a contract with the engineering consulting firm Ardurra for professional services for the North Fork Transmission Main No. 3 project. - In order to advance the contract and begin work on the preliminary design requirements, the Water Resources Department initially funded the contract with $268,000 from the City of Asheville Water Resources Department Capital Improvement Project budget, while additional funding sources were being sought. - A contract amendment is needed to increase the value of the existing professional services contract and to advance the water transmission main design to 60%. - The design and construction of this project has been submitted for a Hazard Mitigation Grant (HMGP). If awarded, the City will be reimbursed for this contract. - Motion to adopt a resolution authorizing the City Manager to amend the professional services contract with Ardurra Group, Inc. to provide engineering services for North Fork Transmission Main No 3 Project.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-04-28","mt":"regular","id":"I","ref":"RES 26-73 / ORD 5212","it":"resolution","t":"Resolution authorizing a contract with W.K. Dickson & Co. (Ardurra) for stormwater infrastructure design; budget amendment","desc":"- Resolution authorizing the City Manager to enter into a contract with W.K. Dickson & Co., LLC d/b/a Ardurra Group North Carolina (\"Ardurra\"), for design and engineering services for one of three City-wide recovery projects to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount -   Ordinance Number 5212- Budget amendment, in the amount of $1,152,184, to add federal and state funds to the Stormwater Capital Projects Fund for the W.K. Dickson & Co., LLC Contract -   - The City of Asheville has a need to hire qualified engineering professionals to help the City rebuild its infrastructure after severe damage from Tropical Storm Helene. - There are roughly fifty (50) locations in the City-wide Stormwater Repairs Helene Recovery Project where standalone stormwater infrastructure was damaged from the storm, including pipes, catch basins, junction boxes, head/end walls, inlets, and outlets. - In an effort to accelerate the project schedule, the standalone locations were separated into three design projects (Project A, B, and C). - The sites were primarily grouped geographically and by work type (e.g. stormwater control measures). - On December 19, 2025, staff posted a Request for Qualifications (298-FY26-PW-RFQ-Stormwater Repairs - Helene Recovery Project) for the services to design stormwater repairs. - The qualifications were due January 29, 2026. Fifteen submissions were received and evaluated for each of the three projects by a four-member selection committee from the Public Works and Parks and Recreation departments. - Project A is one of three contracts (Project A) to repair stormwater infrastructure damages from Tropical Storm Helene. Project A includes locations primarily in the north and west areas of Asheville and includes 25 pipes. - The scope of design and engineering services encompasses:  - Analysis of the stormwater system, including, but not limited to, pipe sizing and potential end treatments for mitigation.  - Repair or replacement of any related embankment, subgrade, roadway pavement, curb and gutter, concrete sidewalk, handrails, and armoring or energy dissipation which is disturbed by the pipe replacement or repair. - Recommendations on mitigation work and opportunities for resiliency. - Preparation of all necessary regulatory and environmental compliance documentation. - Final construction documents ready for bid advertising.  - Funding for this project is anticipated to come from multiple sources, including FEMA PA and Hazard Mitigation Grant Program (HMGP) grants. - City funds may be required to cover the costs for one of the contract sites, as it does not qualify for Federal Emergency Management Agency - Public Assistance (FEMA-PA) funding. - The Federal Emergency Management Agency (FEMA) proposed Schedule:  Design and Permitting: May 2026 - February 2027  Construction Bid: March 2027  - Motion to adopt a resolution authorizing the City Manager to enter into a contract with W.K. Dickson & Co., LLC d/b/a Ardurra Group North Carolina (\"Ardurra\"), in the amount of $1,001,899 for design and engineering services for Helene Recovery - Stormwater Repairs Professional Services - Project A, to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $150,285; and approval of a budget amendment of $1,152,184 to add federal and state funds and appropriated Stormwater fund balance to the Stormwater Capital Projects Fund.  J. Resolution Number 26-74 - Resolution authorizing the City Manager to enter into a contract with Bolton & Menk, Inc., for design and engineering services for one of three City-wide recovery projects to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount -   Ordinance Number 5213- Budget amendment in the amount of $1,208,673 to add federal and state funds to the Stormwater Capital Projects Fund for the Bolton & Menk Inc. Contract -   - The City of Asheville has a need to hire qualified engineering professionals to help the City rebuild its infrastructure after severe damage from Tropical Storm Helene. - There are roughly fifty (50) locations in the City-wide Stormwater Repairs Helene Recovery Project where standalone stormwater infrastructure was damaged from the storm, including pipes, catch basins, junction boxes, head/end walls, inlets, and outlets. - In an effort to accelerate the project schedule, the standalone locations were separated into three design projects (Project A, B, and C). - The sites were primarily grouped geographically and by work type (e.g. stormwater control measures). - On December 19, 2025, staff posted a Request for Qualifications (298-FY26-PW-RFQ-Stormwater Repairs - Helene Recovery Project) for the services to design stormwater repairs. - The qualifications were due January 29, 2026. Fifteen submissions were received and evaluated for each of the three projects by a four-member selection committee from the Public Works and Parks and Recreation departments. - Project B is one of three contracts to repair stormwater infrastructure damages from Tropical Storm Helene. Project B includes locations primarily in the east area of Asheville and includes 26 individual stormwater sites. - The scope of design and engineering services encompasses:  - Analysis of the stormwater system, including, but not limited to, pipe sizing and potential end treatments for mitigation.  - Repair or replacement of any related embankment, subgrade, roadway pavement, curb and gutter, concrete sidewalk, handrails, and armoring or energy dissipation which is disturbed by the pipe replacement or repair. - Recommendations on mitigation work and opportunities for resiliency. - Preparation of all necessary regulatory and environmental compliance documentation. - Final construction documents ready for bid advertising.  - Funding for this project is anticipated to come from multiple sources, including FEMA PA and Hazard Mitigation Grant Program (HMGP) grants. - City funds may be required to cover the costs for one of the contract sites, as it does not qualify for Federal Emergency Management Agency - Public Assistance (FEMA-PA) funding. - The Federal Emergency Management Agency (FEMA) proposed Schedule:  Design and Permitting: May 2026 - February 2027  Construction Bid: March 2027  - Motion to adopt a resolution authorizing the City Manager to enter into a contract with Bolton & Menk, Inc. (\"Bolton & Menk\"), in the amount of $1,051,020 for design and engineering services for Helene Recovery - Stormwater Repairs Professional Services - Project B, to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $157,653; and approval of a budget amendment of $1,208,673 to add federal and state funds and appropriated Stormwater fund balance to the Stormwater Capital Projects Fund.  K. Resolution Number 26-75 - Resolution authorizing the City Manager to enter into a contract with TRC for design and engineering services for one of three City-wide recovery projects to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount -   Ordinance Number 5214- Budget amendment in the amount of $258,520 to add federal and state funds to the Stormwater Capital Projects Fund for the TRC Contract -   - The City of Asheville has a need to hire qualified engineering professionals to help the City rebuild its infrastructure after severe damage from Tropical Storm Helene. - There are roughly fifty (50) locations in the City-wide Stormwater Repairs Helene Recovery Project where standalone stormwater infrastructure was damaged from the storm, including pipes, catch basins, junction boxes, head/end walls, inlets, and outlets. - In an effort to accelerate the project schedule, the standalone locations were separated into three design projects (Project A, B, and C). - The sites were primarily grouped geographically and by work type (e.g. stormwater control measures). - On December 19, 2025, staff posted a Request for Qualifications (298-FY26-PW-RFQ-Stormwater Repairs - Helene Recovery Project) for the services to design stormwater repairs. - The qualifications were due January 29, 2026. Fifteen submissions were received and evaluated for each of the three projects by a four-member selection committee from the Public Works and Parks and Recreation departments. - Project C is one of three contracts to repair stormwater infrastructure damages from Tropical Storm Helene. Project C includes locations along Craven Street in Asheville and includes five (5) Stormwater Control Measure sites consisting of Porous Paving, Planted Treatment Swale, Wetland system, and Bioretention. - The scope of design and engineering services encompasses:  - Restoration of five (5) Stormwater Control Measures located on or near Craven Street - Analysis of the stormwater system, including, but not limited to, bioretention, porous pavers, wetlands, swales, pipe sizing and additional treatment methods for mitigation.  - Repair or replacement of any related embankment, subgrade, roadway pavement, curb and gutter, concrete sidewalk, handrails, and armoring or energy dissipation which is disturbed by the pipe replacement or repair. - Recommendations on mitigation work and opportunities for resiliency. - Preparation of all necessary regulatory and environmental compliance documentation. - Final construction documents ready for bid advertising.  - Funding for this project is anticipated to come from multiple sources, including FEMA PA and Hazard Mitigation Grant Program (HMGP). - The Federal Emergency Management Agency (FEMA) proposed Schedule:  Design and Permitting: May 2026 - February 2027  Construction Bid: March 2027  - Motion to adopt a resolution authorizing the City Manager to enter into a contract with TRC, in the amount of $224,800 for design and engineering services for Helene Recovery - Stormwater Repairs Professional Services - Project C, to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $33,720; and approval of a budget amendment of $258,520 to add federal and state funds to the Stormwater Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-04-28","mt":"regular","id":"IV-A","ref":"ORD 5218","it":"public_hearing","t":"Ordinance to conditionally rezone 50 Coxe Ave from Central Business District to Central Business Expansion - Conditional Zone (with amendment to condition 12)","desc":"- Ordinance to conditionally rezone property located at 50 Coxe Ave from Central Business District to Central Business Expansion - Conditional Zone -   Principal Planner Will Palmquist said that this is the consideration of a conditional zoning request for the property located at 50 Coxe Ave from Central Business District to Central Business Expansion - Conditional Zone for the purposes of constructing a 209-unit mixed-use development. This public hearing was advertised on April 17 and 24, 2026.  Project Location and Contacts:  - The project site totals 1.6 acres located at 50 Coxe Ave (PINs 9648-39-4540, 9648-39-4353, 9648-39-6366). - Owner: Buncombe County  Summary of Petition:  Project Site  - The project area consists of three properties totalling 1.6 acres located at 50 Coxe Ave and is identified in the Buncombe County land records as PINs 9648-39-4540, 9648-39-4353, 9648-39-6366. - The site is currently zoned Central Business District (CBD). - The current use of the site is the administrative offices of Buncombe County and associated surface parking. - Given the size of the proposed project, a conditional zoning to the Central Business Expansion - Conditional Zone (CBD EXP - CZ) district is required. - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated “Downtown”. A change to the Future Land Use Map (FLUM) will not be required.  Overall Project Proposal  - New building construction includes a new, 7-story, mixed-use development with 203 multi-family, affordable units and approximately 5,000 SF of retail space. - The project’s total building area is 251,059 square feet. - A total of 121 parking spaces are proposed within a two-level parking structure.  Technical Modifications  - The project is seeking technical modifications to development standards through the conditional zoning process including:  - Minimum building height of one-story for the portion of the proposed building fronting on Coxe Avenue. - Reduction in the Tree Canopy Preservation requirement from 10% to 1.2%.  Site Layout and Design  - Maximum building height for the Tallest Height Zone in the CBD district 265’. The minimum building height in the CBD district is two stories. The proposed building height is approximately 68’ as measured in the CBD district, with an overall height of approximately 84’ measured to the top of the roof. A portion of the building fronting along Coxe Ave is proposed to be one story in height.  - The project is seeking a technical modification for building height minimums.  - There is no maximum residential density in the CBD district.The proposed project’s density is approximately 127 units/acre.  Access, Sidewalks and Parking  - The project site has frontages on multiple streets including Coxe Ave, Aston St, Sawyer St, and Ravenscroft Dr. There is also a public alley between Sawyer and Aston Streets which is proposed to be improved and would facilitate one-way traffic to the north. - The main vehicle access to the site will be via access to parking decks off Coxe Ave and Ravenscroft Dr. - The project site is across the street from the ART Bus Transit Station. - The project proposes new sidewalks along its frontages varying in width between 10’-12’, and along the public alley with a width of 6’. - The project proposes two new crosswalks and associated curb ramps at the intersection of Sawyer St and Ravenscroft Dr, specifically along the western and southern sidewalks of the intersection. - The project is coordinating closely with the Coxe Avenue Streetscape project which proposes a new streetscape design for the entirety of Coxe Avenue from Patton to Southside Aves. The project will incorporate and construct this section of the streetscape, as designed by the streetscape project, with appropriate modifications, as needed, for the project elements such as curb cuts and building entrances. - The public right-of-way on Sawyer St underneath the proposed building was officially closed via City Council Resolution 24-215, adopted September 24, 2024. The purpose of the ROW closure was to close the street to public, vehicular use, in order to build the portions of the building above. This area will not be open to vehicular traffic, and will instead maintain public pedestrian access between Coxe Ave and the remainder of the open Sawyer St at the dog-leg intersection with the public alley. - The proposed parking deck contains a total of 121 spaces on two separate levels without access between them. The lower level of the deck is accessed from Coxe Ave and spans the first story of the lower portion of the proposed building with a total of 50 spaces. The upper level of the deck is accessed from Ravenscroft Dr and spans the second story of the upper and lower portions of the proposed building with a total of 71 spaces.  Landscaping / Open Space / Tree Canopy  - Minimal landscape requirements apply for projects in the CBD district, including street trees. - The project proposes to meet partial Tree Canopy Preservation requirements through new tree plantings on the site. The project site is classified as \"Urban\" under the Tree Canopy Preservation standards, with a classification of “Class A”, resulting in a 10% canopy requirement.  - The project is requesting a technical modification for tree canopy preservation requirements, reducing the 10% requirement to 1.2%.  - The project proposes two separate green roof/amenity spaces on the 3rd floor of the building. The area on the east of the building is proposed to be a programmed amenity space with play, lounge, and grilling areas, along with plantings. The area on the south side of the building is proposed to be a green roof with incorporated stormwater retention.  - These proposed amenity and green roof areas are above what is required for landscaping, open space, or stormwater management.  Consistency with the Comprehensive Plan and Other Plans:  Living Asheville Comprehensive Plan (2018)  - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by providing infill development in targeted growth areas. - Increase Mixed-Use Development Along Transit Corridors - by incentivizing redevelopment, especially mixed-use development that contains housing, within identified transit-supportive centers. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.  - The proposed development is compatible with the Future Land Use designation of “Downtown”, which is proposed in part, that: “Downtown continues to expand with new development and revitalization opportunities along the edges of the downtown core and via infill development,” and that, “Downtown is also an important residential area and it benefits from having year-round full-time residents. Opportunities for growing this sector of the downtown population through new development is important for the future including market-rate and affordable residential housing”.  Compatibility Analysis:  - The proposed multi-family project is compatible with the surrounding land uses, including:  - Existing multi-family residential, commercial, and institutional uses in the nearby vicinity. - Proposed microhousing project directly to the east of the project site known as Aston & Sawyer Microhousing.  Staff Recommendation:  - Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery, the future land use map, and the site plan, along with elevation drawings. Regarding the project conditions and technical modifications, (1) Affordable housing is included in the Project: All 203 units (100%) will be designated affordable for a minimum of 30 years; and All 203 units (100%) will be designated affordable to those earning 80% or less of Area Median Income (AMI); and (2) The Project includes technical modifications: (1) Minimum building height of one-story for the portion of the proposed building fronting on Coxe Avenue; and (2) Reduction in the Tree Canopy Preservation requirement from 10% to 1.2%. He said the (1) Technical Review Committee approved the project with conditions; and Design Review Committee approved the project with conditions; and the the Planning & Zoning Commission voted to approve the project with the condition. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  When Councilwoman Roney asked if there is a plan for renewable energy or anything about the project that would prohibit it in the future, the attorney for Harmony Housing Affordable Development said that their plan includes solar and green space.  There was considerable discussion regarding the developer’s intent to accept Housing Authority vouchers. After that discussion, Buncombe County Planning Director Nate Pennington agreed to the following condition 12 amendment: “ All Units shall be designated as ‘affordable’ at not less than 80% of AMI for a period of 30 years. The applicant shall further use its best efforts to meet this condition as more specifically delineated as follows: 11 Units at 20% AMI; 35 Units at 30% AMI; 113 Units at 60% AMI; and 44 Units at 80% AMI.”  In response to Councilwoman Ullman, Mr. Paul Kunze, member of the design team, explained the results of their Traffic Impact Analysis, which they would be happy to share with the City.  In response to Councilman Hess, Mr. Kunze said that they are still in the design phase to make sure the areas at the entrance and exit are well lit and safe as possible, but will have to leave it up to Buncombe County on the leasing agency that takes over.  Mayor Manheimer opened the public hearing at 6:37 p.m.  One individual spoke in support of the project; however, urged City Council to add a condition that the developer ask the Asheville Police Department to provide recommendations on how they can build the large pedestrian overhang area to accommodate safety due to the close proximity to the Transit Center. Other concerns were the parking deck exit onto Ravenscroft; lighting in the neighborhood; request to convert Ravenscroft Drive into a one way; designate on-street parking for homeowners and buildings on Ravenscroft; inspect the pedestrian crossing; and the need for better pedestrian markings.  Seven individuals spoke in support of this very needed project.  Mayor Manheimer closed the public hearing at 6:53 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2026-04-28","mt":"regular","id":"J","ref":"RES 26-74 / ORD 5213","it":"resolution","t":"Resolution authorizing a contract with Bolton & Menk, Inc. for stormwater infrastructure design; budget amendment","desc":"- Resolution authorizing the City Manager to enter into a contract with Bolton & Menk, Inc., for design and engineering services for one of three City-wide recovery projects to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount -   Ordinance Number 5213- Budget amendment in the amount of $1,208,673 to add federal and state funds to the Stormwater Capital Projects Fund for the Bolton & Menk Inc. Contract -   - The City of Asheville has a need to hire qualified engineering professionals to help the City rebuild its infrastructure after severe damage from Tropical Storm Helene. - There are roughly fifty (50) locations in the City-wide Stormwater Repairs Helene Recovery Project where standalone stormwater infrastructure was damaged from the storm, including pipes, catch basins, junction boxes, head/end walls, inlets, and outlets. - In an effort to accelerate the project schedule, the standalone locations were separated into three design projects (Project A, B, and C). - The sites were primarily grouped geographically and by work type (e.g. stormwater control measures). - On December 19, 2025, staff posted a Request for Qualifications (298-FY26-PW-RFQ-Stormwater Repairs - Helene Recovery Project) for the services to design stormwater repairs. - The qualifications were due January 29, 2026. Fifteen submissions were received and evaluated for each of the three projects by a four-member selection committee from the Public Works and Parks and Recreation departments. - Project B is one of three contracts to repair stormwater infrastructure damages from Tropical Storm Helene. Project B includes locations primarily in the east area of Asheville and includes 26 individual stormwater sites. - The scope of design and engineering services encompasses:  - Analysis of the stormwater system, including, but not limited to, pipe sizing and potential end treatments for mitigation.  - Repair or replacement of any related embankment, subgrade, roadway pavement, curb and gutter, concrete sidewalk, handrails, and armoring or energy dissipation which is disturbed by the pipe replacement or repair. - Recommendations on mitigation work and opportunities for resiliency. - Preparation of all necessary regulatory and environmental compliance documentation. - Final construction documents ready for bid advertising.  - Funding for this project is anticipated to come from multiple sources, including FEMA PA and Hazard Mitigation Grant Program (HMGP) grants. - City funds may be required to cover the costs for one of the contract sites, as it does not qualify for Federal Emergency Management Agency - Public Assistance (FEMA-PA) funding. - The Federal Emergency Management Agency (FEMA) proposed Schedule:  Design and Permitting: May 2026 - February 2027  Construction Bid: March 2027  - Motion to adopt a resolution authorizing the City Manager to enter into a contract with Bolton & Menk, Inc. (\"Bolton & Menk\"), in the amount of $1,051,020 for design and engineering services for Helene Recovery - Stormwater Repairs Professional Services - Project B, to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $157,653; and approval of a budget amendment of $1,208,673 to add federal and state funds and appropriated Stormwater fund balance to the Stormwater Capital Projects Fund.  K. Resolution Number 26-75 - Resolution authorizing the City Manager to enter into a contract with TRC for design and engineering services for one of three City-wide recovery projects to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount -   Ordinance Number 5214- Budget amendment in the amount of $258,520 to add federal and state funds to the Stormwater Capital Projects Fund for the TRC Contract -   - The City of Asheville has a need to hire qualified engineering professionals to help the City rebuild its infrastructure after severe damage from Tropical Storm Helene. - There are roughly fifty (50) locations in the City-wide Stormwater Repairs Helene Recovery Project where standalone stormwater infrastructure was damaged from the storm, including pipes, catch basins, junction boxes, head/end walls, inlets, and outlets. - In an effort to accelerate the project schedule, the standalone locations were separated into three design projects (Project A, B, and C). - The sites were primarily grouped geographically and by work type (e.g. stormwater control measures). - On December 19, 2025, staff posted a Request for Qualifications (298-FY26-PW-RFQ-Stormwater Repairs - Helene Recovery Project) for the services to design stormwater repairs. - The qualifications were due January 29, 2026. Fifteen submissions were received and evaluated for each of the three projects by a four-member selection committee from the Public Works and Parks and Recreation departments. - Project C is one of three contracts to repair stormwater infrastructure damages from Tropical Storm Helene. Project C includes locations along Craven Street in Asheville and includes five (5) Stormwater Control Measure sites consisting of Porous Paving, Planted Treatment Swale, Wetland system, and Bioretention. - The scope of design and engineering services encompasses:  - Restoration of five (5) Stormwater Control Measures located on or near Craven Street - Analysis of the stormwater system, including, but not limited to, bioretention, porous pavers, wetlands, swales, pipe sizing and additional treatment methods for mitigation.  - Repair or replacement of any related embankment, subgrade, roadway pavement, curb and gutter, concrete sidewalk, handrails, and armoring or energy dissipation which is disturbed by the pipe replacement or repair. - Recommendations on mitigation work and opportunities for resiliency. - Preparation of all necessary regulatory and environmental compliance documentation. - Final construction documents ready for bid advertising.  - Funding for this project is anticipated to come from multiple sources, including FEMA PA and Hazard Mitigation Grant Program (HMGP). - The Federal Emergency Management Agency (FEMA) proposed Schedule:  Design and Permitting: May 2026 - February 2027  Construction Bid: March 2027  - Motion to adopt a resolution authorizing the City Manager to enter into a contract with TRC, in the amount of $224,800 for design and engineering services for Helene Recovery - Stormwater Repairs Professional Services - Project C, to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $33,720; and approval of a budget amendment of $258,520 to add federal and state funds to the Stormwater Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-04-28","mt":"regular","id":"K","ref":"RES 26-75 / ORD 5214","it":"resolution","t":"Resolution authorizing a contract with TRC for stormwater infrastructure design; budget amendment","desc":"- Resolution authorizing the City Manager to enter into a contract with TRC for design and engineering services for one of three City-wide recovery projects to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount -   Ordinance Number 5214- Budget amendment in the amount of $258,520 to add federal and state funds to the Stormwater Capital Projects Fund for the TRC Contract -   - The City of Asheville has a need to hire qualified engineering professionals to help the City rebuild its infrastructure after severe damage from Tropical Storm Helene. - There are roughly fifty (50) locations in the City-wide Stormwater Repairs Helene Recovery Project where standalone stormwater infrastructure was damaged from the storm, including pipes, catch basins, junction boxes, head/end walls, inlets, and outlets. - In an effort to accelerate the project schedule, the standalone locations were separated into three design projects (Project A, B, and C). - The sites were primarily grouped geographically and by work type (e.g. stormwater control measures). - On December 19, 2025, staff posted a Request for Qualifications (298-FY26-PW-RFQ-Stormwater Repairs - Helene Recovery Project) for the services to design stormwater repairs. - The qualifications were due January 29, 2026. Fifteen submissions were received and evaluated for each of the three projects by a four-member selection committee from the Public Works and Parks and Recreation departments. - Project C is one of three contracts to repair stormwater infrastructure damages from Tropical Storm Helene. Project C includes locations along Craven Street in Asheville and includes five (5) Stormwater Control Measure sites consisting of Porous Paving, Planted Treatment Swale, Wetland system, and Bioretention. - The scope of design and engineering services encompasses:  - Restoration of five (5) Stormwater Control Measures located on or near Craven Street - Analysis of the stormwater system, including, but not limited to, bioretention, porous pavers, wetlands, swales, pipe sizing and additional treatment methods for mitigation.  - Repair or replacement of any related embankment, subgrade, roadway pavement, curb and gutter, concrete sidewalk, handrails, and armoring or energy dissipation which is disturbed by the pipe replacement or repair. - Recommendations on mitigation work and opportunities for resiliency. - Preparation of all necessary regulatory and environmental compliance documentation. - Final construction documents ready for bid advertising.  - Funding for this project is anticipated to come from multiple sources, including FEMA PA and Hazard Mitigation Grant Program (HMGP). - The Federal Emergency Management Agency (FEMA) proposed Schedule:  Design and Permitting: May 2026 - February 2027  Construction Bid: March 2027  - Motion to adopt a resolution authorizing the City Manager to enter into a contract with TRC, in the amount of $224,800 for design and engineering services for Helene Recovery - Stormwater Repairs Professional Services - Project C, to repair or replace damaged stormwater infrastructure; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $33,720; and approval of a budget amendment of $258,520 to add federal and state funds to the Stormwater Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-04-28","mt":"regular","id":"L","ref":"RES 26-76","it":"resolution","t":"Resolution authorizing an application to the FHWA Emergency Relief Program and Memorandum of Agreement with NCDOT","desc":"- Resolution to authorize the City Manager to submit an application to the Federal Highway Administration - Emergency Relief Program (FHWA-ER) for funding of repairs on Federal-aid routes in the City of Asheville; to accept said grant funds if awarded; enter into any documents necessary for such acceptance from the FHWA-ER; and enter into a Memorandum of Agreement with the N.C. Dept. of Transportation -   - In September 2024, the City of Asheville was severely impacted by Tropical Storm Helene, producing unprecedented impacts on the City’s infrastructure, including roadways and sidewalks. - The FHWA-ER program provides federal funding to repair Federal-aid highways and Federal lands roads damaged by natural disasters. - FHWA-ER funding will provide permanent restoration of damaged slopes, roadways, sidewalk infrastructure as identified as Federal-aid highways. - The City is responsible for restoring and maintaining this infrastructure. - Motion to adopt a resolution to authorize the City Manager to submit an application to the Federal Highway Administration - Emergency Relief Program (FHWA-ER) for funding of repairs on Federal-aid routes in the City of Asheville; to accept said grant funds if awarded; enter into any documents necessary for such acceptance from the FHWA-ER; and enter into a Memorandum of Agreement with the N.C. Dept. of Transportation.  M. Ordinance Number 5215- Budget amendment in the amount of $7.2M, $5.1M for additional Helene Disaster Recovery and Response Expenses, funded with Federal and State Emergency Management Agency reimbursements and $2.1M for allocation of insurance proceeds received to date related to recovery projects -   - The City has and will continue to incur expenses related to Tropical Storm Helene Disaster Recovery and Response. - To date, City Council has approved Helene-related budget amendments totaling $28.8M. - This budget has been utilized to fund expenses related to Helene that include costs from the initial response, ongoing staff expenses, and the contract with Hagerty Consulting. - Spending authority from these prior Helene-related budget amendments is nearing full utilization, so additional budget is needed in order to meet State Statute requirements related to pre-audits and budget authorizations - Staff is recommending that Council amend the Helene budget by $5.1M to fund upcoming expenses such as a temporary Bridge for Gashes Greek and a recent obligation for vehicle and equipment repairs and replacements. - Staff is also requesting a budget amendment to appropriate $2.1M in insurance recovery funds that have already been received in our insurance internal service fund so that we can transfer that cash to the Capital Projects Fund where expenses are being recorded for Helene projects. - Motion to adopt a budget amendment in the amount of $7.2M, $5.1M for additional Helene Disaster Recovery and Response Expenses, funded with Federal and State Emergency Management Agency (FEMA) reimbursements, and $2.1M for allocation of insurance proceeds received to date related to recovery projects.  N. Ordinance Number 5216- Budget amendment in the amount of $2,492,801 from the State of North Carolina’s Department of Commerce’s SmBiz Infrastructure grant program for design and restoration of public infrastructure in the Biltmore Village Historic District. -   - On August 26, 2025, City Council adopted a resolution authorizing the City Manager to apply for funding from the NC Department of Commerce SmBIZ Infrastructure Grant program to restore and repair infrastructure in Biltmore Village; and further authorized the City Manager to accept said grant funds if awarded and to enter into any agreement necessary for grant acceptance. - On October 31, 2025, the state awarded the City of Asheville $2,492,801 to work with a qualified team of professionals on design, development and restoration/construction of infrastructure in Biltmore Village, including repair/replacement of brick sidewalks, ADA ramps, granite curbing and street trees and landscaping. - Restoration of damaged city infrastructure will improve connectivity and ADA accessibility while honoring the district’s historic character. - District improvements will support economic recovery of the many and varied commercial businesses within the district, as well as Biltmore Estate. - This project will fulfill multiple adopted City plan goals and is aligned with Helene recovery goals. - Grant funding must be spent within 36 months of the award, and will only cover restoration work on a handful of streets in the district; additional funding will be needed to expand restoration work to other streets within the district and might not be accomplished in this project. - A key point of early collaboration with the community is a facilitated process to consider the needs for ADA accessibility and tree replacement within any final design. - It is anticipated that the initial design phase will begin in Summer 2026. - Project implementation will also need to be closely coordinated with the Transportation Department's street light restoration project. - Motion to adopt a budget amendment in the amount of $2,492,801 for funding from the NC Department of Commerce Small Business (SmBIZ) Infrastructure Grant program to restore and repair infrastructure in Biltmore Village.  O. Resolution Number 26-77 - Resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services to provide professional industrial hygiene and environmental consulting services to the City of Asheville for an initial one-year term with the option to renew up to 2 additional one-year periods -   - The City of Asheville manages a diverse portfolio of municipal facilities, including City Hall, public safety facilities, community centers, and administrative and operational buildings. To ensure safe working environments, support sound facility management practices, and maintain compliance with federal and state regulations, specialized environmental health expertise is periodically required to evaluate potential occupational and environmental hazards. - Industrial hygienists provide professional services related to identifying, evaluating, and controlling environmental hazards in the workplace and built environment. Typical services may include:  - Asbestos inspections, sampling, and management support - Indoor air quality investigations - Hazardous materials assessments during renovation and demolition projects - Lead-based paint assessments and clearance testing - Occupational exposure monitoring - Regulatory compliance support related to OSHA, EPA, and state regulations - Technical reporting and professional consultation  - Because these services conform to the same regulatory requirements at each location, and are required on an as-needed basis across multiple City facilities and projects, staff recommends establishing a Master On-Call Contract. This contracting approach allows the City to respond quickly to environmental health concerns, support construction and renovation projects, and maintain regulatory compliance. This proposed contract complies with the On-Call Contracting Guidance provided by the City’s Purchasing Department. - The multi-year contract, up to three (3) years is subject to the annual appropriation process. If the adopted budget for any given fiscal year does not include an appropriation for the service in the General Fund budget, the City shall have the right to terminate the contract. - In any authorized contracting period, individual supplemental contracts will not exceed the budget appropriation for the services within the scope of this contract. - Individual supplemental agreements that exceed $90,000 will require authorization by City Council. - Motion to adopt a resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services for an initial 12-month period with the option to renew up to two additional 12-month periods.  P. Resolution Number 26-78 - Resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals; and to sign any documents necessary to effect any renewals -   - FlashParking Inc. is the City’s current vendor for Parking Access Revenue Control System and software used to operate and collect revenues in the City’s public parking garages. - The equipment was purchased in 2021 and the existing contract will expire July 1, 2026. - A new contract with the existing vendor must be executed to continue using the existing equipment, which is still functional and has not reached the end of its useful life.  - Motion to adopt a resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals for a total amount not to exceed $206,363; and to sign any documents necessary to effect any renewals.  Q. Resolution Number 26-79 - Resolution authorizing the City Manager to accept the N.C. Dept. of Transportation (NCDOT) Public Transit Apprenticeship Grant Program funding; and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year (FY) 2027 and to expend funding on the local match -   - The North Carolina Department of Transportation (NCDOT) funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - State costs would amount to $51,137. Local costs would amount to $5,682. Total wages + benefits would amount to $52,000, FICA to $3,819 and travel allowance to $1,000. - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. - Motion to adopt a resolution authorizing the City Manager to accept the North Carolina Department of Transportation Public Transit Apprenticeship Grant Program funding in the amount of $51,137 and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year 2027 and to expend funding on the local match, not to exceed $5,682.  R. Resolution Number 26-80 - Resolution authorizing the City Manager to accept, expend, and disburse Federal Transit Administration Grant funds from the Fiscal Year 2025 Section 5307 Job Access Reverse Commute Program and the Fiscal Year 2025 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program; authorizing the City Manager to execute all necessary agreements with the applicable transit Subrecipients for the disbursement of the approved funds -","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2026-04-28","mt":"regular","id":"M","ref":"ORD 5215","it":"ordinance","t":"Budget amendment of $7.2M for Helene Disaster Recovery expenses and insurance proceeds allocation","desc":"- Budget amendment in the amount of $7.2M, $5.1M for additional Helene Disaster Recovery and Response Expenses, funded with Federal and State Emergency Management Agency reimbursements and $2.1M for allocation of insurance proceeds received to date related to recovery projects -   - The City has and will continue to incur expenses related to Tropical Storm Helene Disaster Recovery and Response. - To date, City Council has approved Helene-related budget amendments totaling $28.8M. - This budget has been utilized to fund expenses related to Helene that include costs from the initial response, ongoing staff expenses, and the contract with Hagerty Consulting. - Spending authority from these prior Helene-related budget amendments is nearing full utilization, so additional budget is needed in order to meet State Statute requirements related to pre-audits and budget authorizations - Staff is recommending that Council amend the Helene budget by $5.1M to fund upcoming expenses such as a temporary Bridge for Gashes Greek and a recent obligation for vehicle and equipment repairs and replacements. - Staff is also requesting a budget amendment to appropriate $2.1M in insurance recovery funds that have already been received in our insurance internal service fund so that we can transfer that cash to the Capital Projects Fund where expenses are being recorded for Helene projects. - Motion to adopt a budget amendment in the amount of $7.2M, $5.1M for additional Helene Disaster Recovery and Response Expenses, funded with Federal and State Emergency Management Agency (FEMA) reimbursements, and $2.1M for allocation of insurance proceeds received to date related to recovery projects.  N. Ordinance Number 5216- Budget amendment in the amount of $2,492,801 from the State of North Carolina’s Department of Commerce’s SmBiz Infrastructure grant program for design and restoration of public infrastructure in the Biltmore Village Historic District. -   - On August 26, 2025, City Council adopted a resolution authorizing the City Manager to apply for funding from the NC Department of Commerce SmBIZ Infrastructure Grant program to restore and repair infrastructure in Biltmore Village; and further authorized the City Manager to accept said grant funds if awarded and to enter into any agreement necessary for grant acceptance. - On October 31, 2025, the state awarded the City of Asheville $2,492,801 to work with a qualified team of professionals on design, development and restoration/construction of infrastructure in Biltmore Village, including repair/replacement of brick sidewalks, ADA ramps, granite curbing and street trees and landscaping. - Restoration of damaged city infrastructure will improve connectivity and ADA accessibility while honoring the district’s historic character. - District improvements will support economic recovery of the many and varied commercial businesses within the district, as well as Biltmore Estate. - This project will fulfill multiple adopted City plan goals and is aligned with Helene recovery goals. - Grant funding must be spent within 36 months of the award, and will only cover restoration work on a handful of streets in the district; additional funding will be needed to expand restoration work to other streets within the district and might not be accomplished in this project. - A key point of early collaboration with the community is a facilitated process to consider the needs for ADA accessibility and tree replacement within any final design. - It is anticipated that the initial design phase will begin in Summer 2026. - Project implementation will also need to be closely coordinated with the Transportation Department's street light restoration project. - Motion to adopt a budget amendment in the amount of $2,492,801 for funding from the NC Department of Commerce Small Business (SmBIZ) Infrastructure Grant program to restore and repair infrastructure in Biltmore Village.  O. Resolution Number 26-77 - Resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services to provide professional industrial hygiene and environmental consulting services to the City of Asheville for an initial one-year term with the option to renew up to 2 additional one-year periods -   - The City of Asheville manages a diverse portfolio of municipal facilities, including City Hall, public safety facilities, community centers, and administrative and operational buildings. To ensure safe working environments, support sound facility management practices, and maintain compliance with federal and state regulations, specialized environmental health expertise is periodically required to evaluate potential occupational and environmental hazards. - Industrial hygienists provide professional services related to identifying, evaluating, and controlling environmental hazards in the workplace and built environment. Typical services may include:  - Asbestos inspections, sampling, and management support - Indoor air quality investigations - Hazardous materials assessments during renovation and demolition projects - Lead-based paint assessments and clearance testing - Occupational exposure monitoring - Regulatory compliance support related to OSHA, EPA, and state regulations - Technical reporting and professional consultation  - Because these services conform to the same regulatory requirements at each location, and are required on an as-needed basis across multiple City facilities and projects, staff recommends establishing a Master On-Call Contract. This contracting approach allows the City to respond quickly to environmental health concerns, support construction and renovation projects, and maintain regulatory compliance. This proposed contract complies with the On-Call Contracting Guidance provided by the City’s Purchasing Department. - The multi-year contract, up to three (3) years is subject to the annual appropriation process. If the adopted budget for any given fiscal year does not include an appropriation for the service in the General Fund budget, the City shall have the right to terminate the contract. - In any authorized contracting period, individual supplemental contracts will not exceed the budget appropriation for the services within the scope of this contract. - Individual supplemental agreements that exceed $90,000 will require authorization by City Council. - Motion to adopt a resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services for an initial 12-month period with the option to renew up to two additional 12-month periods.  P. Resolution Number 26-78 - Resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals; and to sign any documents necessary to effect any renewals -   - FlashParking Inc. is the City’s current vendor for Parking Access Revenue Control System and software used to operate and collect revenues in the City’s public parking garages. - The equipment was purchased in 2021 and the existing contract will expire July 1, 2026. - A new contract with the existing vendor must be executed to continue using the existing equipment, which is still functional and has not reached the end of its useful life.  - Motion to adopt a resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals for a total amount not to exceed $206,363; and to sign any documents necessary to effect any renewals.  Q. Resolution Number 26-79 - Resolution authorizing the City Manager to accept the N.C. Dept. of Transportation (NCDOT) Public Transit Apprenticeship Grant Program funding; and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year (FY) 2027 and to expend funding on the local match -   - The North Carolina Department of Transportation (NCDOT) funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - State costs would amount to $51,137. Local costs would amount to $5,682. Total wages + benefits would amount to $52,000, FICA to $3,819 and travel allowance to $1,000. - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. - Motion to adopt a resolution authorizing the City Manager to accept the North Carolina Department of Transportation Public Transit Apprenticeship Grant Program funding in the amount of $51,137 and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year 2027 and to expend funding on the local match, not to exceed $5,682.  R. Resolution Number 26-80 - Resolution authorizing the City Manager to accept, expend, and disburse Federal Transit Administration Grant funds from the Fiscal Year 2025 Section 5307 Job Access Reverse Commute Program and the Fiscal Year 2025 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program; authorizing the City Manager to execute all necessary agreements with the applicable transit Subrecipients for the disbursement of the approved funds -","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2026-04-28","mt":"regular","id":"N","ref":"ORD 5216","it":"ordinance","t":"Budget amendment of $2,492,801 from the SmBiz Infrastructure grant for the Biltmore Village Historic District","desc":"- Budget amendment in the amount of $2,492,801 from the State of North Carolina’s Department of Commerce’s SmBiz Infrastructure grant program for design and restoration of public infrastructure in the Biltmore Village Historic District. -   - On August 26, 2025, City Council adopted a resolution authorizing the City Manager to apply for funding from the NC Department of Commerce SmBIZ Infrastructure Grant program to restore and repair infrastructure in Biltmore Village; and further authorized the City Manager to accept said grant funds if awarded and to enter into any agreement necessary for grant acceptance. - On October 31, 2025, the state awarded the City of Asheville $2,492,801 to work with a qualified team of professionals on design, development and restoration/construction of infrastructure in Biltmore Village, including repair/replacement of brick sidewalks, ADA ramps, granite curbing and street trees and landscaping. - Restoration of damaged city infrastructure will improve connectivity and ADA accessibility while honoring the district’s historic character. - District improvements will support economic recovery of the many and varied commercial businesses within the district, as well as Biltmore Estate. - This project will fulfill multiple adopted City plan goals and is aligned with Helene recovery goals. - Grant funding must be spent within 36 months of the award, and will only cover restoration work on a handful of streets in the district; additional funding will be needed to expand restoration work to other streets within the district and might not be accomplished in this project. - A key point of early collaboration with the community is a facilitated process to consider the needs for ADA accessibility and tree replacement within any final design. - It is anticipated that the initial design phase will begin in Summer 2026. - Project implementation will also need to be closely coordinated with the Transportation Department's street light restoration project. - Motion to adopt a budget amendment in the amount of $2,492,801 for funding from the NC Department of Commerce Small Business (SmBIZ) Infrastructure Grant program to restore and repair infrastructure in Biltmore Village.  O. Resolution Number 26-77 - Resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services to provide professional industrial hygiene and environmental consulting services to the City of Asheville for an initial one-year term with the option to renew up to 2 additional one-year periods -   - The City of Asheville manages a diverse portfolio of municipal facilities, including City Hall, public safety facilities, community centers, and administrative and operational buildings. To ensure safe working environments, support sound facility management practices, and maintain compliance with federal and state regulations, specialized environmental health expertise is periodically required to evaluate potential occupational and environmental hazards. - Industrial hygienists provide professional services related to identifying, evaluating, and controlling environmental hazards in the workplace and built environment. Typical services may include:  - Asbestos inspections, sampling, and management support - Indoor air quality investigations - Hazardous materials assessments during renovation and demolition projects - Lead-based paint assessments and clearance testing - Occupational exposure monitoring - Regulatory compliance support related to OSHA, EPA, and state regulations - Technical reporting and professional consultation  - Because these services conform to the same regulatory requirements at each location, and are required on an as-needed basis across multiple City facilities and projects, staff recommends establishing a Master On-Call Contract. This contracting approach allows the City to respond quickly to environmental health concerns, support construction and renovation projects, and maintain regulatory compliance. This proposed contract complies with the On-Call Contracting Guidance provided by the City’s Purchasing Department. - The multi-year contract, up to three (3) years is subject to the annual appropriation process. If the adopted budget for any given fiscal year does not include an appropriation for the service in the General Fund budget, the City shall have the right to terminate the contract. - In any authorized contracting period, individual supplemental contracts will not exceed the budget appropriation for the services within the scope of this contract. - Individual supplemental agreements that exceed $90,000 will require authorization by City Council. - Motion to adopt a resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services for an initial 12-month period with the option to renew up to two additional 12-month periods.  P. Resolution Number 26-78 - Resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals; and to sign any documents necessary to effect any renewals -   - FlashParking Inc. is the City’s current vendor for Parking Access Revenue Control System and software used to operate and collect revenues in the City’s public parking garages. - The equipment was purchased in 2021 and the existing contract will expire July 1, 2026. - A new contract with the existing vendor must be executed to continue using the existing equipment, which is still functional and has not reached the end of its useful life.  - Motion to adopt a resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals for a total amount not to exceed $206,363; and to sign any documents necessary to effect any renewals.  Q. Resolution Number 26-79 - Resolution authorizing the City Manager to accept the N.C. Dept. of Transportation (NCDOT) Public Transit Apprenticeship Grant Program funding; and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year (FY) 2027 and to expend funding on the local match -   - The North Carolina Department of Transportation (NCDOT) funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - State costs would amount to $51,137. Local costs would amount to $5,682. Total wages + benefits would amount to $52,000, FICA to $3,819 and travel allowance to $1,000. - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. - Motion to adopt a resolution authorizing the City Manager to accept the North Carolina Department of Transportation Public Transit Apprenticeship Grant Program funding in the amount of $51,137 and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year 2027 and to expend funding on the local match, not to exceed $5,682.  R. Resolution Number 26-80 - Resolution authorizing the City Manager to accept, expend, and disburse Federal Transit Administration Grant funds from the Fiscal Year 2025 Section 5307 Job Access Reverse Commute Program and the Fiscal Year 2025 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program; authorizing the City Manager to execute all necessary agreements with the applicable transit Subrecipients for the disbursement of the approved funds -","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2026-04-28","mt":"regular","id":"O","ref":"RES 26-77","it":"resolution","t":"Resolution authorizing a Master Contract with ECS Southeast, LLC for On-Call Industrial Hygienist Services","desc":"- Resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services to provide professional industrial hygiene and environmental consulting services to the City of Asheville for an initial one-year term with the option to renew up to 2 additional one-year periods -   - The City of Asheville manages a diverse portfolio of municipal facilities, including City Hall, public safety facilities, community centers, and administrative and operational buildings. To ensure safe working environments, support sound facility management practices, and maintain compliance with federal and state regulations, specialized environmental health expertise is periodically required to evaluate potential occupational and environmental hazards. - Industrial hygienists provide professional services related to identifying, evaluating, and controlling environmental hazards in the workplace and built environment. Typical services may include:  - Asbestos inspections, sampling, and management support - Indoor air quality investigations - Hazardous materials assessments during renovation and demolition projects - Lead-based paint assessments and clearance testing - Occupational exposure monitoring - Regulatory compliance support related to OSHA, EPA, and state regulations - Technical reporting and professional consultation  - Because these services conform to the same regulatory requirements at each location, and are required on an as-needed basis across multiple City facilities and projects, staff recommends establishing a Master On-Call Contract. This contracting approach allows the City to respond quickly to environmental health concerns, support construction and renovation projects, and maintain regulatory compliance. This proposed contract complies with the On-Call Contracting Guidance provided by the City’s Purchasing Department. - The multi-year contract, up to three (3) years is subject to the annual appropriation process. If the adopted budget for any given fiscal year does not include an appropriation for the service in the General Fund budget, the City shall have the right to terminate the contract. - In any authorized contracting period, individual supplemental contracts will not exceed the budget appropriation for the services within the scope of this contract. - Individual supplemental agreements that exceed $90,000 will require authorization by City Council. - Motion to adopt a resolution authorizing the City Manager to enter into a Master Contract with ECS Southeast, LLC, for On-Call Industrial Hygienist Services for an initial 12-month period with the option to renew up to two additional 12-month periods.  P. Resolution Number 26-78 - Resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals; and to sign any documents necessary to effect any renewals -   - FlashParking Inc. is the City’s current vendor for Parking Access Revenue Control System and software used to operate and collect revenues in the City’s public parking garages. - The equipment was purchased in 2021 and the existing contract will expire July 1, 2026. - A new contract with the existing vendor must be executed to continue using the existing equipment, which is still functional and has not reached the end of its useful life.  - Motion to adopt a resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals for a total amount not to exceed $206,363; and to sign any documents necessary to effect any renewals.  Q. Resolution Number 26-79 - Resolution authorizing the City Manager to accept the N.C. Dept. of Transportation (NCDOT) Public Transit Apprenticeship Grant Program funding; and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year (FY) 2027 and to expend funding on the local match -   - The North Carolina Department of Transportation (NCDOT) funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - State costs would amount to $51,137. Local costs would amount to $5,682. Total wages + benefits would amount to $52,000, FICA to $3,819 and travel allowance to $1,000. - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. - Motion to adopt a resolution authorizing the City Manager to accept the North Carolina Department of Transportation Public Transit Apprenticeship Grant Program funding in the amount of $51,137 and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year 2027 and to expend funding on the local match, not to exceed $5,682.  R. Resolution Number 26-80 - Resolution authorizing the City Manager to accept, expend, and disburse Federal Transit Administration Grant funds from the Fiscal Year 2025 Section 5307 Job Access Reverse Commute Program and the Fiscal Year 2025 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program; authorizing the City Manager to execute all necessary agreements with the applicable transit Subrecipients for the disbursement of the approved funds -","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2026-04-28","mt":"regular","id":"P","ref":"RES 26-78","it":"resolution","t":"Resolution authorizing a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance","desc":"- Resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals; and to sign any documents necessary to effect any renewals -   - FlashParking Inc. is the City’s current vendor for Parking Access Revenue Control System and software used to operate and collect revenues in the City’s public parking garages. - The equipment was purchased in 2021 and the existing contract will expire July 1, 2026. - A new contract with the existing vendor must be executed to continue using the existing equipment, which is still functional and has not reached the end of its useful life.  - Motion to adopt a resolution authorizing the City Manager to execute a contract with FlashParking Inc. for Parking Access Revenue Control System software and maintenance for an initial term of one year, with two optional one-year renewals for a total amount not to exceed $206,363; and to sign any documents necessary to effect any renewals.  Q. Resolution Number 26-79 - Resolution authorizing the City Manager to accept the N.C. Dept. of Transportation (NCDOT) Public Transit Apprenticeship Grant Program funding; and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year (FY) 2027 and to expend funding on the local match -   - The North Carolina Department of Transportation (NCDOT) funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - State costs would amount to $51,137. Local costs would amount to $5,682. Total wages + benefits would amount to $52,000, FICA to $3,819 and travel allowance to $1,000. - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. - Motion to adopt a resolution authorizing the City Manager to accept the North Carolina Department of Transportation Public Transit Apprenticeship Grant Program funding in the amount of $51,137 and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year 2027 and to expend funding on the local match, not to exceed $5,682.  R. Resolution Number 26-80 - Resolution authorizing the City Manager to accept, expend, and disburse Federal Transit Administration Grant funds from the Fiscal Year 2025 Section 5307 Job Access Reverse Commute Program and the Fiscal Year 2025 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program; authorizing the City Manager to execute all necessary agreements with the applicable transit Subrecipients for the disbursement of the approved funds -","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2026-04-28","mt":"regular","id":"Q","ref":"RES 26-79","it":"resolution","t":"Resolution authorizing acceptance of the NCDOT Public Transit Apprenticeship Grant Program funding","desc":"- Resolution authorizing the City Manager to accept the N.C. Dept. of Transportation (NCDOT) Public Transit Apprenticeship Grant Program funding; and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year (FY) 2027 and to expend funding on the local match -   - The North Carolina Department of Transportation (NCDOT) funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member. - NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%. - State costs would amount to $51,137. Local costs would amount to $5,682. Total wages + benefits would amount to $52,000, FICA to $3,819 and travel allowance to $1,000. - The City has participated in this program several times over the last decade. - The transit apprentice would work within the Transit Division of the Transportation Department and would assist the division with ongoing work program items related to transit service. - The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship. - Motion to adopt a resolution authorizing the City Manager to accept the North Carolina Department of Transportation Public Transit Apprenticeship Grant Program funding in the amount of $51,137 and to authorize the City Manager to enter into an agreement with NCDOT to fund the Apprenticeship for Fiscal Year 2027 and to expend funding on the local match, not to exceed $5,682.  R. Resolution Number 26-80 - Resolution authorizing the City Manager to accept, expend, and disburse Federal Transit Administration Grant funds from the Fiscal Year 2025 Section 5307 Job Access Reverse Commute Program and the Fiscal Year 2025 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program; authorizing the City Manager to execute all necessary agreements with the applicable transit Subrecipients for the disbursement of the approved funds -","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2026-04-28","mt":"regular","id":"R","ref":"RES 26-80 / ORD 5217","it":"resolution","t":"Resolution authorizing acceptance/disbursement of FTA Section 5307 JARC and 5310 grant funds; budget amendment to the Transit Services Multi-Year Fund","desc":"- Resolution authorizing the City Manager to accept, expend, and disburse Federal Transit Administration Grant funds from the Fiscal Year 2025 Section 5307 Job Access Reverse Commute Program and the Fiscal Year 2025 Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program; authorizing the City Manager to execute all necessary agreements with the applicable transit Subrecipients for the disbursement of the approved funds -","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2026-04-28","mt":"regular","id":"S","ref":"RES 26-81","it":"resolution","t":"Resolution ratifying the City's February 2026 application to NCDOT for Section 5303 Metropolitan Planning Program funding for FY2027","desc":"- Resolution ratifying the City’s February 2026 Application to the North Carolina Department of Transportation - Integrated Mobility Division for Section 5303 Metropolitan Planning Program annual funding for Fiscal Year 2027 -   - The City must apply annually to the North Carolina Department of Transportation - Integrated Mobility Division to receive Federal Transit Administration Section 5303 funds (Metropolitan Planning Program). Staff applied for this funding February 16, 2026. - The City uses the Federal Transit Administration Section 5303 funding to fund existing transit planning activities such as grant management, administration, and reporting; short- and long-range transit planning; analyses of transit operations; and required program preparation and reporting. - The funds supplement the Transit Division personnel budget, which includes the Transit Division Manager and additional transit planning staff positions. - The total grant is $189,839 and includes a 20% match. The Federal Transit Administration grant will provide 80% of the anticipated funding ($151,871), with the North Carolina Department of Transportation and the City of Asheville each providing half of the required 20% match, or $18,984 and $18,984, respectively. - Motion to adopt a resolution ratifying the City’s February 2026 application to the North Carolina Department of Transportation - Integrated Mobility Division for Section 5303 Metropolitan Planning Program annual funding for Fiscal Year 2027; and authorizing the City Manager to accept any funds awarded and to enter into any agreements necessary for acceptance and expenditure of grant funds.  T. Resolution Number 26-82 - Resolution of the Housing Authority of the City of Asheville to adopt a resolution approving the issuance of up to $18,020,000 Multifamily Housing Revenue Bonds to provide financing for Pine Lane Apartments to satisfy Section 147(f) of the Internal Revenue Code, with no City financial obligation associated with the bonds or any debt taken on by the developer -   - The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes. - It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157. - The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such a plan. - Roers Asheville Apartments Owner LLC, a North Carolina limited liability company, or an affiliated or related entity (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $18,020,000 in multifamily housing revenue bonds for the acquisition and construction of a new 126-unit affordable rental development known as Pine Lane Apartments located on a 9.42 acre site at 36 Pine Lane, in the City of Asheville parcel identified as PIN 9627805971 in the Buncombe County Registry. - The project will consist of 4 residential buildings. There will be a mix of 1,2, 3 and 4-bedroom units. All units will be set aside for individuals and families at 60% or less of Area Median Income (“AMI”). - The affordability period will be 30 years. - Roers Companies is the developer of this project and is an affiliate of the owner. - Construction is scheduled to commence in July 2026 and has an expected completion date of March 28. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. - Motion to adopt a resolution approving the issuance by the Housing Authority of the City of Asheville of up to $18,020,000 of multifamily housing revenue bonds to provide financing for Rocky River Apartments and to satisfy Section 147(f) of the Internal Revenue Code.  U. Resolution Number. 26-83 - Resolution reappointing Carol Goins as Chair of the Civil Service Board -","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2026-04-28","mt":"regular","id":"T","ref":"RES 26-82","it":"resolution","t":"Resolution of the Housing Authority approving issuance of up to $18,020,000 Multifamily Housing Revenue Bonds for Pine Lane Apartments","desc":"- Resolution of the Housing Authority of the City of Asheville to adopt a resolution approving the issuance of up to $18,020,000 Multifamily Housing Revenue Bonds to provide financing for Pine Lane Apartments to satisfy Section 147(f) of the Internal Revenue Code, with no City financial obligation associated with the bonds or any debt taken on by the developer -   - The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes. - It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157. - The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville. - The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such a plan. - Roers Asheville Apartments Owner LLC, a North Carolina limited liability company, or an affiliated or related entity (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $18,020,000 in multifamily housing revenue bonds for the acquisition and construction of a new 126-unit affordable rental development known as Pine Lane Apartments located on a 9.42 acre site at 36 Pine Lane, in the City of Asheville parcel identified as PIN 9627805971 in the Buncombe County Registry. - The project will consist of 4 residential buildings. There will be a mix of 1,2, 3 and 4-bedroom units. All units will be set aside for individuals and families at 60% or less of Area Median Income (“AMI”). - The affordability period will be 30 years. - Roers Companies is the developer of this project and is an affiliate of the owner. - Construction is scheduled to commence in July 2026 and has an expected completion date of March 28. - Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer. - Motion to adopt a resolution approving the issuance by the Housing Authority of the City of Asheville of up to $18,020,000 of multifamily housing revenue bonds to provide financing for Rocky River Apartments and to satisfy Section 147(f) of the Internal Revenue Code.  U. Resolution Number. 26-83 - Resolution reappointing Carol Goins as Chair of the Civil Service Board -","c":"Housing","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2026-04-28","mt":"regular","id":"U","ref":"RES 26-83","it":"appointment","t":"Resolution reappointing Carol Goins as Chair of the Civil Service Board","desc":"- Resolution reappointing Carol Goins as Chair of the Civil Service Board -","c":"Boards & Appointments","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2026-04-28","mt":"regular","id":"V","ref":"RES 26-84","it":"resolution","t":"Resolution asking HCA Healthcare CEO Sam Hazen to engage directly with stakeholders in Western North Carolina","desc":"- Resolution asking HCA Healthcare Chief Executive Officer Sam Hazen to Engage Directly with Stakeholders in Western North Carolina -","c":"Community Programs","mo":"consent_batch","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2026-04-28","mt":"regular","id":"V-A","ref":"ORD 5208","it":"ordinance","t":"Ordinance amending Article VI, Regulation of Graffiti, of Chapter 10, Nuisances, to amend the definition of graffiti (second and final reading)","desc":", ordinance amending Article VI, Regulation of Graffiti, of Chapter 10, Nuisances, of the Asheville Code of Ordinances, to amend the definition of graffiti, on its second and final reading. This motion was seconded by Councilman Hess and carried unanimously. VI. New Business: VII. Informal Discussion And Public Comment:  Three individuals spoke to City Council about various matters, some being, but are not limited to: need for more communication between developers and neighborhoods when proposing a conditional use project; need to take a step back and look at surveillance infrastructure as a whole and invite the public to have input into the conversation; and need to increase the transit system routes and timeliness. VIII. Adjournment:  Mayor Manheimer adjourned the meeting at 7:07 p.m.  _______________________________  Mayor  _______________________________  City Clerk                  4-28-26 Page","c":"Transportation","mo":"individual","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1UIbtH1eLOieO9DsjHyJnCmUyRcuQLg8_coNzK1SmiOU/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":23},{"d":"2026-05-12","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the worksession held on April 23, 2026, and the formal meeting held on April 28, 2026","desc":"agenda briefing worksession held on April 23, 2026, and the formal meeting held on April 28, 2026  B. Resolution Number 26-85 - Resolution to amend a contract with Diakin Applied Americas Inc. for building automation at Harrah’s Cherokee Center - Asheville -   - HCCA has been upgrading the HVAC Building Automation System (BAS) for nearly three years (Software, service, computer and communications equipment) - To date, approximately 85% of the Building Automation system has been upgraded. - The current contract includes warranty coverage of parts related to controlled equipment failures, but does not include labor coverage. - This amendment will adjust the contract to include both parts and labor when addressing warranty coverage of the controls equipment of the HVAC system at the facility. - Control parts are replaced frequently at the HCCA, inclusion of labor within the BAS Service contract will ensure timely repairs and replacement when control equipment fails, reducing down time within the system. - This will ensure seamless and continuous uninterrupted operations of the HVAC system controls during events. - The additions allow better temperature control by HCCA staff and increased energy efficiency. - Motion to adopt a resolution authorizing the City Manager to amend a Building Automation System warranty contract with Daikin Applied Americas Inc. to extend the current contract by 10 years and increase the total contract amount by $307,100 for a total contract not to exceed amount of $420,200 with a total term of 15 years.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-05-12","mt":"regular","id":"B","ref":"RES 26-85","it":"resolution","t":"Resolution to amend a contract with Daikin Applied Americas Inc. for building automation at Harrah's Cherokee Center - Asheville","desc":"- Resolution to amend a contract with Diakin Applied Americas Inc. for building automation at Harrah’s Cherokee Center - Asheville -   - HCCA has been upgrading the HVAC Building Automation System (BAS) for nearly three years (Software, service, computer and communications equipment) - To date, approximately 85% of the Building Automation system has been upgraded. - The current contract includes warranty coverage of parts related to controlled equipment failures, but does not include labor coverage. - This amendment will adjust the contract to include both parts and labor when addressing warranty coverage of the controls equipment of the HVAC system at the facility. - Control parts are replaced frequently at the HCCA, inclusion of labor within the BAS Service contract will ensure timely repairs and replacement when control equipment fails, reducing down time within the system. - This will ensure seamless and continuous uninterrupted operations of the HVAC system controls during events. - The additions allow better temperature control by HCCA staff and increased energy efficiency. - Motion to adopt a resolution authorizing the City Manager to amend a Building Automation System warranty contract with Daikin Applied Americas Inc. to extend the current contract by 10 years and increase the total contract amount by $307,100 for a total contract not to exceed amount of $420,200 with a total term of 15 years.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-05-12","mt":"regular","id":"C","ref":"ORD 5219","it":"ordinance","t":"Budget amendment of $1,400,000 to the Harrah's Cherokee Center - Asheville operating fund","desc":"- Budget amendment, in the amount of $1,400,000, to the Harrah’s Cherokee Center - Asheville operating fund to reflect updated Fiscal Year 2025-26 revenue and expenditure projections )-   - HCCA revenues are expected to total $1,400,000 more than initially budgeted. - HCCA operating expenses are expected to potentially total $800,000 more than initial budgeted. - Capital repair and maintenance backlog continues at HCCA, transfer of $600,000 to capital fund will allow staff to continue effort to maintain and repair the facility. - Concessions, ticketing and other show related revenues will cover all additional expenses; therefore, no additional transfer from the General Fund is required at this time. - HCCA has 48 event dates booked in the final two months of the fiscal year. - Motion to adopt a budget amendment in the amount of $1,400,000 to the HCCA operating fund to reflect updated fiscal year 2025-26 (FY26) revenue and expenditure projections.  D. Resolution Number 26-86 - Resolution authorizing the City Manager to amend a contract with Creditron for a maintenance agreement for a mail scanner for the Water Resources Department -   - ## The original contract was issued in 2023 for a 12 month term with three renewals. - ## During the fourth year, the contract reached an amount of $92,510.18 which exceeded the $90,000.00 threshold. - Creditron provides electronic remittance and lockbox processing for financial institutions, businesses, and government entities. - Its platform utilizes advanced imaging, data recognition, and cloud-based technology for check and invoice processing. - Payments received via US mail are processed and deposited electronically. - Creditron is integrated with Tyler Munis to provide immediate payment posting on receipt for customers.  - Motion authorizing the City Manager to amend a contract with Creditron for maintenance agreement for a mail scanner for the Water Resources Department. E. Resolution Number 26-87 - Resolution authorizing the City Manager to execute a multi-year Agreement with the Mills River Partnership, Inc., for the Mills River Watershed Best Management Practices project over three fiscal years contingent upon funding each year -   - ## In 2023, City Council authorized a three year agreement between the City of Asheville Water Resources Department and the Mills River Partnership (MRP) for a not-to-exceed amount of $180,000 to provide financial support of projects intended to protect and/or improve water quality in the Mills River Watershed. - ## The department desires to continue to partner with the MRP to help fund water quality projects in the Mills River Watershed. - ## The Water Resources Department is willing to provide cost-share funding for projects that are directly related to water quality protection and/or improvement. - ## These activities include selection and installation of Best Management Practices to control contamination of the river from storm runoff, and educational materials and activities. - ## The City of Asheville has an ongoing interest in watershed management. Water quality in the upper watershed continues to be excellent and overall water quality indices have improved during the past 10 years. - ## The strategy now is to focus on efforts to protect and improve water quality. - ## Funding initiatives are to be considered with an understanding of their long-term impact on water quality. - ## The level of participation recommended is an amount up to $60,000.00 per fiscal year with the understanding that funding is project-specific and subject to the appropriation of funds. - Motion to adopt a resolution authorizing the City Manager to execute a multi-year Agreement with the Mills River Partnership, Inc., for the Mills River Watershed Best Management Practices project for a not-to-exceed amount of $180,000.00 over three (3) fiscal years contingent upon funding each year. The level of participation recommended is an amount up to $60,000.00 per fiscal year for a maximum of three fiscal years with the understanding that funding is project-specific and subject to the appropriation of funds.  F. Resolution Number 26-88 - Resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000 -   Resolution Number 26-89 - Resolution of the City Of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds -   - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Miller River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - To cover the expenses from the both projects, debt issuance costs, and provide funding for the refunding of the 2015 Water Revenue Bonds, staff plans, in consultation with our financial advisors and bond counsel, to issue debt in an amount not to exceed $51 million. - City Council approved the initial resolution directing application to the Local Government Commission (LGC) for the 2026 Water Revenue Bonds at its April 14, 2026 meeting, and the LGC approved the bonds at their May 5, 2026 meeting. - Motion to adopt a resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000; and - Motion to adopt a resolution of the City of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds. - Sale of the Bonds is planned for June 3, 2026 of this year.  G. Resolution Number 26-90 - Resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract.; and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount for supplementary internal audit program services -   - The mission of the City’s Internal Audit division is to promote efficient, effective, and accountable city government by conducting financial, operational, and compliance audits of all City departments, divisions, and programs. - The City utilizes a co-sourced model for Internal Audit Services in which audits are contracted out. - City Council has previously approved the internal audit services contract with Plante Moran on June 24, 2025 for $115,000. - The increased contract amount will allow Plante Moran to complete audit engagements that are underway in the current fiscal year. - Motion to adopt a resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract, increasing the contract amount by $13,120 and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount of $165,000 for supplementary internal audit program services.  H. Resolution Number 26-91 - Resolution authorizing the City Manager to execute a Utility Relocation Agreement with Duke Energy for utility relocations for the Johnston Boulevard Sidewalk Utility Relocations Project; and to execute any change orders that may arise during the project up to the contingency amount -   - ## Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded sidewalk improvements. - ## This project will construct around 1 mile of sidewalk along Johnston Boulevard (S.R. 1319) between Patton Avenue (U.S. 19) and Iona Circle, near the Johnston Elementary School in Buncombe County. - ## The purpose of this project is to improve mobility and safety on City streets and provide pedestrian connections to local schools. - ## The project is in the construction phase (Council Resolution 25-220 dated, October 14, 2025) and requires the relocation of Duke electrical utilities. - Motion to authorize the City Manager to execute a Utility Relocation Agreement with Duke Energy, and further, to award funding in the amount of $348,394.83, and further, to execute any change order that may arise during the project up to the Contingency amount of $34,839.48 (10%) for a Total Not to Exceed amount of $383,234.31 for Johnston Boulevard Sidewalk utility relocations.  One individual urged Council to present the public for options and input for all projects.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-05-12","mt":"regular","id":"D","ref":"RES 26-86","it":"resolution","t":"Resolution authorizing an amendment to a contract with Creditron for a mail scanner maintenance agreement for the Water Resources Department","desc":"- Resolution authorizing the City Manager to amend a contract with Creditron for a maintenance agreement for a mail scanner for the Water Resources Department -   - ## The original contract was issued in 2023 for a 12 month term with three renewals. - ## During the fourth year, the contract reached an amount of $92,510.18 which exceeded the $90,000.00 threshold. - Creditron provides electronic remittance and lockbox processing for financial institutions, businesses, and government entities. - Its platform utilizes advanced imaging, data recognition, and cloud-based technology for check and invoice processing. - Payments received via US mail are processed and deposited electronically. - Creditron is integrated with Tyler Munis to provide immediate payment posting on receipt for customers.  - Motion authorizing the City Manager to amend a contract with Creditron for maintenance agreement for a mail scanner for the Water Resources Department. E. Resolution Number 26-87 - Resolution authorizing the City Manager to execute a multi-year Agreement with the Mills River Partnership, Inc., for the Mills River Watershed Best Management Practices project over three fiscal years contingent upon funding each year -   - ## In 2023, City Council authorized a three year agreement between the City of Asheville Water Resources Department and the Mills River Partnership (MRP) for a not-to-exceed amount of $180,000 to provide financial support of projects intended to protect and/or improve water quality in the Mills River Watershed. - ## The department desires to continue to partner with the MRP to help fund water quality projects in the Mills River Watershed. - ## The Water Resources Department is willing to provide cost-share funding for projects that are directly related to water quality protection and/or improvement. - ## These activities include selection and installation of Best Management Practices to control contamination of the river from storm runoff, and educational materials and activities. - ## The City of Asheville has an ongoing interest in watershed management. Water quality in the upper watershed continues to be excellent and overall water quality indices have improved during the past 10 years. - ## The strategy now is to focus on efforts to protect and improve water quality. - ## Funding initiatives are to be considered with an understanding of their long-term impact on water quality. - ## The level of participation recommended is an amount up to $60,000.00 per fiscal year with the understanding that funding is project-specific and subject to the appropriation of funds. - Motion to adopt a resolution authorizing the City Manager to execute a multi-year Agreement with the Mills River Partnership, Inc., for the Mills River Watershed Best Management Practices project for a not-to-exceed amount of $180,000.00 over three (3) fiscal years contingent upon funding each year. The level of participation recommended is an amount up to $60,000.00 per fiscal year for a maximum of three fiscal years with the understanding that funding is project-specific and subject to the appropriation of funds.  F. Resolution Number 26-88 - Resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000 -   Resolution Number 26-89 - Resolution of the City Of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds -   - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Miller River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - To cover the expenses from the both projects, debt issuance costs, and provide funding for the refunding of the 2015 Water Revenue Bonds, staff plans, in consultation with our financial advisors and bond counsel, to issue debt in an amount not to exceed $51 million. - City Council approved the initial resolution directing application to the Local Government Commission (LGC) for the 2026 Water Revenue Bonds at its April 14, 2026 meeting, and the LGC approved the bonds at their May 5, 2026 meeting. - Motion to adopt a resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000; and - Motion to adopt a resolution of the City of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds. - Sale of the Bonds is planned for June 3, 2026 of this year.  G. Resolution Number 26-90 - Resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract.; and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount for supplementary internal audit program services -   - The mission of the City’s Internal Audit division is to promote efficient, effective, and accountable city government by conducting financial, operational, and compliance audits of all City departments, divisions, and programs. - The City utilizes a co-sourced model for Internal Audit Services in which audits are contracted out. - City Council has previously approved the internal audit services contract with Plante Moran on June 24, 2025 for $115,000. - The increased contract amount will allow Plante Moran to complete audit engagements that are underway in the current fiscal year. - Motion to adopt a resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract, increasing the contract amount by $13,120 and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount of $165,000 for supplementary internal audit program services.  H. Resolution Number 26-91 - Resolution authorizing the City Manager to execute a Utility Relocation Agreement with Duke Energy for utility relocations for the Johnston Boulevard Sidewalk Utility Relocations Project; and to execute any change orders that may arise during the project up to the contingency amount -   - ## Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded sidewalk improvements. - ## This project will construct around 1 mile of sidewalk along Johnston Boulevard (S.R. 1319) between Patton Avenue (U.S. 19) and Iona Circle, near the Johnston Elementary School in Buncombe County. - ## The purpose of this project is to improve mobility and safety on City streets and provide pedestrian connections to local schools. - ## The project is in the construction phase (Council Resolution 25-220 dated, October 14, 2025) and requires the relocation of Duke electrical utilities. - Motion to authorize the City Manager to execute a Utility Relocation Agreement with Duke Energy, and further, to award funding in the amount of $348,394.83, and further, to execute any change order that may arise during the project up to the Contingency amount of $34,839.48 (10%) for a Total Not to Exceed amount of $383,234.31 for Johnston Boulevard Sidewalk utility relocations.  One individual urged Council to present the public for options and input for all projects.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-05-12","mt":"regular","id":"E","ref":"RES 26-87","it":"resolution","t":"Resolution authorizing a multi-year Agreement with the Mills River Partnership, Inc. for the Mills River Watershed Best Management Practices project","desc":"- Resolution authorizing the City Manager to execute a multi-year Agreement with the Mills River Partnership, Inc., for the Mills River Watershed Best Management Practices project over three fiscal years contingent upon funding each year -   - ## In 2023, City Council authorized a three year agreement between the City of Asheville Water Resources Department and the Mills River Partnership (MRP) for a not-to-exceed amount of $180,000 to provide financial support of projects intended to protect and/or improve water quality in the Mills River Watershed. - ## The department desires to continue to partner with the MRP to help fund water quality projects in the Mills River Watershed. - ## The Water Resources Department is willing to provide cost-share funding for projects that are directly related to water quality protection and/or improvement. - ## These activities include selection and installation of Best Management Practices to control contamination of the river from storm runoff, and educational materials and activities. - ## The City of Asheville has an ongoing interest in watershed management. Water quality in the upper watershed continues to be excellent and overall water quality indices have improved during the past 10 years. - ## The strategy now is to focus on efforts to protect and improve water quality. - ## Funding initiatives are to be considered with an understanding of their long-term impact on water quality. - ## The level of participation recommended is an amount up to $60,000.00 per fiscal year with the understanding that funding is project-specific and subject to the appropriation of funds. - Motion to adopt a resolution authorizing the City Manager to execute a multi-year Agreement with the Mills River Partnership, Inc., for the Mills River Watershed Best Management Practices project for a not-to-exceed amount of $180,000.00 over three (3) fiscal years contingent upon funding each year. The level of participation recommended is an amount up to $60,000.00 per fiscal year for a maximum of three fiscal years with the understanding that funding is project-specific and subject to the appropriation of funds.  F. Resolution Number 26-88 - Resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000 -   Resolution Number 26-89 - Resolution of the City Of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds -   - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Miller River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - To cover the expenses from the both projects, debt issuance costs, and provide funding for the refunding of the 2015 Water Revenue Bonds, staff plans, in consultation with our financial advisors and bond counsel, to issue debt in an amount not to exceed $51 million. - City Council approved the initial resolution directing application to the Local Government Commission (LGC) for the 2026 Water Revenue Bonds at its April 14, 2026 meeting, and the LGC approved the bonds at their May 5, 2026 meeting. - Motion to adopt a resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000; and - Motion to adopt a resolution of the City of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds. - Sale of the Bonds is planned for June 3, 2026 of this year.  G. Resolution Number 26-90 - Resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract.; and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount for supplementary internal audit program services -   - The mission of the City’s Internal Audit division is to promote efficient, effective, and accountable city government by conducting financial, operational, and compliance audits of all City departments, divisions, and programs. - The City utilizes a co-sourced model for Internal Audit Services in which audits are contracted out. - City Council has previously approved the internal audit services contract with Plante Moran on June 24, 2025 for $115,000. - The increased contract amount will allow Plante Moran to complete audit engagements that are underway in the current fiscal year. - Motion to adopt a resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract, increasing the contract amount by $13,120 and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount of $165,000 for supplementary internal audit program services.  H. Resolution Number 26-91 - Resolution authorizing the City Manager to execute a Utility Relocation Agreement with Duke Energy for utility relocations for the Johnston Boulevard Sidewalk Utility Relocations Project; and to execute any change orders that may arise during the project up to the contingency amount -   - ## Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded sidewalk improvements. - ## This project will construct around 1 mile of sidewalk along Johnston Boulevard (S.R. 1319) between Patton Avenue (U.S. 19) and Iona Circle, near the Johnston Elementary School in Buncombe County. - ## The purpose of this project is to improve mobility and safety on City streets and provide pedestrian connections to local schools. - ## The project is in the construction phase (Council Resolution 25-220 dated, October 14, 2025) and requires the relocation of Duke electrical utilities. - Motion to authorize the City Manager to execute a Utility Relocation Agreement with Duke Energy, and further, to award funding in the amount of $348,394.83, and further, to execute any change order that may arise during the project up to the Contingency amount of $34,839.48 (10%) for a Total Not to Exceed amount of $383,234.31 for Johnston Boulevard Sidewalk utility relocations.  One individual urged Council to present the public for options and input for all projects.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-05-12","mt":"regular","id":"F","ref":"RES 26-88 / RES 26-89","it":"resolution","t":"Resolution adopting Bond Order authorizing Water System Revenue Bonds (not to exceed $51,000,000) and resolution authorizing related documents and sale of the bonds","desc":"- Resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000 -   Resolution Number 26-89 - Resolution of the City Of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds -   - In May 2024, City Council adopted a resolution providing staff with authorization to enter into a contract with Wharton-Smith, Inc, including contingency, totaling $26,888,196 for the construction of the Mills River Water Treatment Plant Improvements Phase 2. - In January 2026, City Council adopted a resolution providing staff with authorization to enter into a contract with TP Howard Plumbing, Inc, including contingency, totaling $8,948,500 for the Neighborhood Enhancement Project (NEP) Area 8 - Water Distribution. - It was noted at the time for both projects that the City intended to fund the contracts through the issuance of long-term debt. - Mills River Water Treatment Plant Improvements Phase 2 was also awarded a $5 million State Revolving Fund (SRF)/ARPA grant. - With expenses to-date in the Miller River project now totaling approximately $11 million and significant additional spending expected to occur in both projects in the upcoming months, staff intends to move forward with applying to the LGC for issuance of the Water Revenue Bonds associated with the Mills River and NEP 8 projects and issue the Bonds in June of this year. - In addition, based on advice from the City’s external financial advisors and bond counsel, staff is recommending refinancing the outstanding 2015 Water System Revenue Bonds, which will result in net present value debt service savings of approximately $398,000. - To cover the expenses from the both projects, debt issuance costs, and provide funding for the refunding of the 2015 Water Revenue Bonds, staff plans, in consultation with our financial advisors and bond counsel, to issue debt in an amount not to exceed $51 million. - City Council approved the initial resolution directing application to the Local Government Commission (LGC) for the 2026 Water Revenue Bonds at its April 14, 2026 meeting, and the LGC approved the bonds at their May 5, 2026 meeting. - Motion to adopt a resolution adopting Bond Order authorizing the issuance of Water System Revenue Bonds of the City of Asheville, North Carolina, in an aggregate principal amount not to exceed $51,000,000; and - Motion to adopt a resolution of the City of Asheville, North Carolina, authorizing the approval, execution and delivery of various documents in connection with the issuance of City of Asheville, North Carolina, Water System Revenue Bonds; providing for the sale of the bonds; setting forth the terms and conditions upon which the bonds are to be issued; and providing for certain other matters in connection with the issuance, sale and delivery of the bonds. - Sale of the Bonds is planned for June 3, 2026 of this year.  G. Resolution Number 26-90 - Resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract.; and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount for supplementary internal audit program services -   - The mission of the City’s Internal Audit division is to promote efficient, effective, and accountable city government by conducting financial, operational, and compliance audits of all City departments, divisions, and programs. - The City utilizes a co-sourced model for Internal Audit Services in which audits are contracted out. - City Council has previously approved the internal audit services contract with Plante Moran on June 24, 2025 for $115,000. - The increased contract amount will allow Plante Moran to complete audit engagements that are underway in the current fiscal year. - Motion to adopt a resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract, increasing the contract amount by $13,120 and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount of $165,000 for supplementary internal audit program services.  H. Resolution Number 26-91 - Resolution authorizing the City Manager to execute a Utility Relocation Agreement with Duke Energy for utility relocations for the Johnston Boulevard Sidewalk Utility Relocations Project; and to execute any change orders that may arise during the project up to the contingency amount -   - ## Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded sidewalk improvements. - ## This project will construct around 1 mile of sidewalk along Johnston Boulevard (S.R. 1319) between Patton Avenue (U.S. 19) and Iona Circle, near the Johnston Elementary School in Buncombe County. - ## The purpose of this project is to improve mobility and safety on City streets and provide pedestrian connections to local schools. - ## The project is in the construction phase (Council Resolution 25-220 dated, October 14, 2025) and requires the relocation of Duke electrical utilities. - Motion to authorize the City Manager to execute a Utility Relocation Agreement with Duke Energy, and further, to award funding in the amount of $348,394.83, and further, to execute any change order that may arise during the project up to the Contingency amount of $34,839.48 (10%) for a Total Not to Exceed amount of $383,234.31 for Johnston Boulevard Sidewalk utility relocations.  One individual urged Council to present the public for options and input for all projects.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-05-12","mt":"regular","id":"G","ref":"RES 26-90","it":"resolution","t":"Resolution authorizing a contract amendment to the Plante Moran internal audit services contract","desc":"- Resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract.; and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount for supplementary internal audit program services -   - The mission of the City’s Internal Audit division is to promote efficient, effective, and accountable city government by conducting financial, operational, and compliance audits of all City departments, divisions, and programs. - The City utilizes a co-sourced model for Internal Audit Services in which audits are contracted out. - City Council has previously approved the internal audit services contract with Plante Moran on June 24, 2025 for $115,000. - The increased contract amount will allow Plante Moran to complete audit engagements that are underway in the current fiscal year. - Motion to adopt a resolution authorizing the City Manager to execute a contract amendment to the Plante Moran internal audit services contract, increasing the contract amount by $13,120 and granting authority to execute subsequent amendments up to a maximum not-to-exceed amount of $165,000 for supplementary internal audit program services.  H. Resolution Number 26-91 - Resolution authorizing the City Manager to execute a Utility Relocation Agreement with Duke Energy for utility relocations for the Johnston Boulevard Sidewalk Utility Relocations Project; and to execute any change orders that may arise during the project up to the contingency amount -   - ## Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded sidewalk improvements. - ## This project will construct around 1 mile of sidewalk along Johnston Boulevard (S.R. 1319) between Patton Avenue (U.S. 19) and Iona Circle, near the Johnston Elementary School in Buncombe County. - ## The purpose of this project is to improve mobility and safety on City streets and provide pedestrian connections to local schools. - ## The project is in the construction phase (Council Resolution 25-220 dated, October 14, 2025) and requires the relocation of Duke electrical utilities. - Motion to authorize the City Manager to execute a Utility Relocation Agreement with Duke Energy, and further, to award funding in the amount of $348,394.83, and further, to execute any change order that may arise during the project up to the Contingency amount of $34,839.48 (10%) for a Total Not to Exceed amount of $383,234.31 for Johnston Boulevard Sidewalk utility relocations.  One individual urged Council to present the public for options and input for all projects.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-05-12","mt":"regular","id":"H","ref":"RES 26-91","it":"resolution","t":"Resolution authorizing a Utility Relocation Agreement with Duke Energy for the Johnston Boulevard Sidewalk Utility Relocations Project","desc":"- Resolution authorizing the City Manager to execute a Utility Relocation Agreement with Duke Energy for utility relocations for the Johnston Boulevard Sidewalk Utility Relocations Project; and to execute any change orders that may arise during the project up to the contingency amount -   - ## Johnston Boulevard Sidewalk is part of the 2016 Transportation Bond funded sidewalk improvements. - ## This project will construct around 1 mile of sidewalk along Johnston Boulevard (S.R. 1319) between Patton Avenue (U.S. 19) and Iona Circle, near the Johnston Elementary School in Buncombe County. - ## The purpose of this project is to improve mobility and safety on City streets and provide pedestrian connections to local schools. - ## The project is in the construction phase (Council Resolution 25-220 dated, October 14, 2025) and requires the relocation of Duke electrical utilities. - Motion to authorize the City Manager to execute a Utility Relocation Agreement with Duke Energy, and further, to award funding in the amount of $348,394.83, and further, to execute any change order that may arise during the project up to the Contingency amount of $34,839.48 (10%) for a Total Not to Exceed amount of $383,234.31 for Johnston Boulevard Sidewalk utility relocations.  One individual urged Council to present the public for options and input for all projects.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-05-12","mt":"regular","id":"I","ref":"RES 26-92 / ORD 5220","it":"resolution","t":"Resolution authorizing a contract with VHB Engineering NC PC for the Helene Recovery Project - Citywide Road Structures Repairs and Replacements; budget amendment","desc":"- Resolution authorizing the City Manager to enter into a contract with VHB Engineering NC PC for design and engineering services for Helene Recovery Project - Citywide Road Structures Repairs and Replacements to repair and replace damaged bridges and large culverts; and further authorizing the City Manager to execute any change orders that may arise during the project -   Ordinance Number 5220 - Budget amendment to add federal and state funds to the General Capital Projects Fund for the Helene Recovery Project - Citywide Road Structures Repairs and Replacements Project -   - The City of Asheville has a need to hire qualified engineering professionals to help the City rebuild its roadway infrastructure after catastrophic damage from Tropical Storm Helene. - There are twenty-one (21) locations in the Helene Recovery Project - Citywide Roadway Structures Repairs and Replacements where standalone roadway conveyances were damaged from the storm, including bridges and box culverts. - On November 20, 2025, staff posted a Request for Qualifications (298-FY26-PW-RFQ-RoadwayStructures - Helene Recovery Project) for professional services to design repairs or replacements to the damaged roadway structures. - The statement of qualifications by interested firms were due December 15, 2026. Sixteen (16) statements of qualifications were received and evaluated by a five-member selection committee from the Public Works and Capital Management departments. - The scope of design and engineering services encompasses:  - Permanent restoration design services of the damaged infrastructure including FEMA PA restoration and cost-effective hazard mitigation projects to protect the infrastructure from future damage. - Structural inspections with formal inspection reports to include structure foundation review. - Structural and geotechnical design including professional services needed for any integral components to the structure. - Stream/flood/watershed modeling or stormwater calculations needed. - Applications for any necessary Federal, State, or Local permits. - Preparation of beneficial cost analysis and FEMA cost reasonableness for all designs to ensure the more cost-effective option. - Preparation of construction drawings and specifications, cost estimates, and bid documents. - Costs tracking associated with the multiple Federal and State programs for reimbursement and/or funding. - Construction administration during construction of repairs or replacements. - General structure maintenance recommendations or repairs as part of the regular inspections performed by NCDOT. - Motion to adopt a resolution authorizing the City Manager to enter into a contract with VHB Engineering NC PC in the amount of $6,246,094 for design and engineering services for Helene Recovery Project - Citywide Road Structures Repairs and Replacements to repair and replace damaged bridges and culverts; and further authorizing the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $936,914; and approval of a budget amendment of $7,183,008 to add federal and state funds to the General Capital Projects Fund. J. Monthly municipal property tax refunds or releases per n.c. gen. stat. sec. 105-381  - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for March 2026 are included in the document.  - Motion to adopt City of Asheville property tax refunds and releases for the month of March 2026.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-05-12","mt":"regular","id":"IV-A-1","ref":"RES 26-93","it":"public_hearing","t":"Resolution authorizing the negotiation of an Installment Financing Contract and providing for certain other related matters","desc":"- Resolution authorizing the negotiation of an Installment Financing Contract and providing for certain other related matters thereto -   Resolution Number 26-94 - Resolution Requesting the Release of Property from a Deed of Trust related to Limited Obligation Bonds -   Director of Finance and Management Services Tony McDowell said that this is the public hearing to consider adoption of a resolution authorizing the negotiation of an Installment Financing Contract and providing for certain other related matters thereto; and a resolution requesting the release of property from a Deed of Trust related to Limited Obligation Bonds This public hearing was advertised on May 1, 2026.  - The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt Model since fiscal year 2013-14. - As a part of that multi-year financial model, the City routinely enters into short-term draw programs with financial institutions through the issuance of interim Limited Obligation Bonds (LOBs). - The short term draw programs provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing. - Staff is seeking Council approval of the initial resolution authorizing the installment financing and related issuance of 2026 Interim Limited Obligation Bonds (LOBs) in an amount not to exceed $40,000,000. The projects covered under this debt issuance include a wide range of strategic capital goals the City wishes to meet in public safety, multi-modal transportation, parks & recreation, and facility maintenance. - Specific projects of note covered under this debt issuance include repairs to the Municipal Building and as well other city facilities, maintenance to various parking garage structures, various street improvements/resurfacing, fire apparatuses and Transit buses. - Staff is also seeking Council approval requesting the release of property from a Deed of Trust. - Approval of the final resolution is scheduled for Council’s May 26, 2026 meeting. - A public hearing is required prior to Council’s approval of the final resolution.  Mayor Manheimer opened the public hearing at 6:18 p.m., and when no one spoke, she closed the public hearing at 6:18 p.m.","c":"Transportation","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"involves money or contract","sq":10},{"d":"2026-05-12","mt":"regular","id":"IV-A-2","ref":"RES 26-94","it":"public_hearing","t":"Resolution requesting the release of property from a Deed of Trust related to Limited Obligation Bonds","desc":"- Resolution Requesting the Release of Property from a Deed of Trust related to Limited Obligation Bonds -   Director of Finance and Management Services Tony McDowell said that this is the public hearing to consider adoption of a resolution authorizing the negotiation of an Installment Financing Contract and providing for certain other related matters thereto; and a resolution requesting the release of property from a Deed of Trust related to Limited Obligation Bonds This public hearing was advertised on May 1, 2026.  - The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt Model since fiscal year 2013-14. - As a part of that multi-year financial model, the City routinely enters into short-term draw programs with financial institutions through the issuance of interim Limited Obligation Bonds (LOBs). - The short term draw programs provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing. - Staff is seeking Council approval of the initial resolution authorizing the installment financing and related issuance of 2026 Interim Limited Obligation Bonds (LOBs) in an amount not to exceed $40,000,000. The projects covered under this debt issuance include a wide range of strategic capital goals the City wishes to meet in public safety, multi-modal transportation, parks & recreation, and facility maintenance. - Specific projects of note covered under this debt issuance include repairs to the Municipal Building and as well other city facilities, maintenance to various parking garage structures, various street improvements/resurfacing, fire apparatuses and Transit buses. - Staff is also seeking Council approval requesting the release of property from a Deed of Trust. - Approval of the final resolution is scheduled for Council’s May 26, 2026 meeting. - A public hearing is required prior to Council’s approval of the final resolution.  Mayor Manheimer opened the public hearing at 6:18 p.m., and when no one spoke, she closed the public hearing at 6:18 p.m.","c":"Transportation","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"involves money or contract","sq":11},{"d":"2026-05-12","mt":"regular","id":"IV-B","ref":"RES 26-95","it":"public_hearing","t":"Resolution to permanently close a portion of unopened right-of-way on the western edge of Saint Dunstan's Road between 159 and 183 Saint Dunstan's Road","desc":"- Resolution To Permanently Close A Portion Of Unopened Right-Of-Way On The Western Edge Of Saint Dunstan’s Road Between 159 Saint Dunstan’s Road and 183 Saint Dustan’s Road -  City Traffic Engineer Chris Carines said that this is the consideration of a public hearing and adoption of a resolution to permanently close a portion of unopened right-of-way on the western edge of Saint Dunstans Road between 159 Saint Dunstans Road and 183 Saint Dunstans Road. This public hearing was advertised on April 17, 24, and May 1 and 82026.  - North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys. The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest, the property rights of any individuals, and whether the closure would impede access to parcels, utilities, and other public infrastructure. - Susanne Godsey petitioned for this closure on behalf of herself and the property owners adjacent to the area requested to be closed on Saint Dunstan’s. - When Saint Dunstan’s Road was originally platted in 1922, the roadway included a widened area in the northwest corner and a small triangular-shaped island referred to on the plat as a “parkway”. - The “parkway” island was constructed and a portion of it remains today; however, the roadway area shown in the original plat on the west side of the island does not appear to have ever been constructed and has never been maintained by the City as part of Saint Dunstan’s Road. - Instead, this excess unopened portion of the right-of-way area has served as driveway access to the parcels/homes there, and until recently the property owners were unaware that their properties did not access Saint Dunstan's Road. - Therefore, this action is seeking to close the excess unopened right-of-way to enable the division of the area among the parcels seeking the closure, which will allow them to construct driveways to access Saint Dunstan’s. - Two utility easements are required to be retained within the area to be closed, including a 10-foot drainage easement for stormwater for a future swale on Saint Dunstan’s and a 20-foot easement for water infrastructure. Mr. Cairnes said the request is to close a portion of unopened right-of-way on the western edge of Saint Dunstan’s Road, between 159 and 183 Saint Dunstan’s Road. Susanne and Lane Godsey petitioned for the closure on behalf of themselves and the property owners adjacent to the right-of-way. The closure will allow these homes to construct driveways that will connect to the legal public right-of-way of Saint Dunstan’s Road. When Saint Dunstan’s Road was originally platted in 1922, the roadway included a widened area in the northwest corner and a small triangular-shaped island referred to on the plat as a “parkway.” The “parkway” island was constructed and a portion of it remains today. However, the roadway area shown in the original plat on the west side of the island does not appear to have ever been constructed and has never been maintained by the City as part of Saint Dunstan’s Road. This excess unopened portion of the right-of-way has served as driveway access to the parcels/homes. Until recently, the property owners were unaware that their properties did not legally access Saint Dunstan's Road. The closure will allow the homeowners to construct driveways to access Saint Dunstan’s. Regarding Committee and Commission recommendations, (1)  Historic Resources Commission - May 14, 2025 - approved certificate of appropriateness for proposed right-of-way closure (as it related to St. Dunstan’s Historic District); and (2) Technical Review Committee - March 16, 2026, recommendation was to approve the closure; The Multimodal Commission is not currently meeting, but they are not legally required to review closure requests. Staff recommends City Council adopt a resolution to permanently close a portion of unopened right-of-way on the western edge of Saint Dunstan’s Road, between 159 Saint Dunstan’s Road and 183 Saint Dunstan’s Road.  Mayor Manheimer opened the public hearing at 6:22 p.m., and when no one spoke, she closed the public hearing at 6:22 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12},{"d":"2026-05-12","mt":"regular","id":"IV-C","ref":"","it":"public_hearing","t":"Motion to deny the conditional zoning request for 99999 Caribou Rd from RS-4 to Residential Expansion - Conditional Zone","desc":"request for the property located at 99999 Caribou Rd from Residential Single-Family Medium Density (RS-4) to Residential Expansion - Conditional Zone (RES EXP-CZ) and find that the request is not reasonable, is not in the public interest, is not consistent with the city’s comprehensive plan and does not meet the development needs of the community. This motion was seconded by Vice-Mayor Mosley and carried unanimously.  D. Public hearing to consider a conditional zoning 1116 Sweeten Creek Road from RM-16 Residential Multi-Family High Density and CI Commercial Industrial District to Residential Expansion - Conditional Zone for the purposes of constructing a 126-unit multi-family development  Ordinance Number 5221 - Ordinance to conditionally rezone 1116 Sweeten Creek Road from RM-16 Residential Multi-Family High Density and CI Commercial Industrial District to Residential Expansion - Conditional Zone for the purposes of constructing a 126-unit multi-family development -   Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 1116 Sweeten Creek Road from RM-16 Residential Multi-Family High Density and CI Commercial Industrial District to Residential Expansion - Conditional Zone for the purposes of constructing a 126-unit multi-family development. This public hearing was advertised on May 1 and 8, 2026. Project Location and Contacts:  - The project site totals 5.15 acres located at 1116 Sweeten Creek Rd (PIN 9657-30-1178). - Owner: Heidi & Steve Kim. - Developer: Penrose LLC.  Summary of Petition:  Project Site  - The project area consists of one property totalling 5.15 acres located at 1116 Sweeten Creek Rd in the Shiloh Neighborhood, and identified in the Buncombe County land records as PIN 9657-30-1178. - The site is currently zoned Commercial Industrial (CI) on its western portion and Residential Mulit-Family High Density (RM-16) on its eastern portion. - The site has two residential structures. One existing single-family house on the property appears to be abandoned and the other occupied and was built in 1935 according to the county tax card. - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated “Urban Corridor” for the western portion and “Residential Neighborhood” for the eastern portion. These areas are delineated along the same boundary as the existing zoning districts for the parcel. Both designations recommend high density multi-family uses and Residential Expansion districts, especially where adjacent to transportation corridors. A change in the Future Land Use Map is not required.  Overall Project Proposal  - New building construction includes one 4-story multi-family building, one 3-story multi-family building, totalling 126 affordable housing units, as well as an outdoor pavilion.  - The pavilion is proposed in the central section of the site with additional outdoor amenities. - The two multi-family buildings are proposed as a larger L-shaped 4-story structure with 96 units along the north and western sides of the developed area and a rectangular 3 story building along the southern side with 30 units.  - Other site improvements include surface parking, new sidewalks, and a playground.  Technical Modifications  - The project is seeking technical modifications to development standards through the conditional zoning process including:  - Sidewalk widths of 5’ on Sweeten Creek and internally, instead of the 10’-wide standard.  Site Layout and Design  - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The maximum building height of the proposed project is approximately 43’ as measured to the ceiling of the highest floor. - Maximum density in the RES EXP district is 50 units/acre for projects proposing affordable units.The proposed project’s density is 24.6 units/acre. - Front yard, rear yard, and side yard setbacks of 15 feet are required in the RES EXP district. The project is compliant with the minimum required setbacks. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 50%.  Access, Sidewalks and Parking  - Access to the site is from a driveway on Sweeten Creek Rd - a NCDOT maintained road. - A significant NCDOT project to widen Sweeten Creek is in the engineering & design phase. This project has a northern terminus to the south of the project site just north of Rock Hill Road. The project site is not included in the project and the construction for this project is currently TBD and not funded in the state transportation plan. - Sidewalks are proposed at 5’ in width along the project’s frontage on Sweeten Creek and internal to the site. An 8’ wide grass strip is shown along the frontage between the new sidewalk and the roadway. - The project is seeking a technical modification for sidewalks width less than the minimum required 10’. - A total of 157 parking spaces are proposed for the project. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 156/282 for the RES EXP district. - Bicycle parking is required at a rate of 10% of the total number of residential units, which equates to 13 required bicycle parking spaces, which the project is proposing with the final location to be determined.  Landscaping / Open Space / Tree Canopy  - Landscape requirements apply, including street trees, property buffers, building impact, and parking lot landscaping. - Street trees are required as being one small maturing tree for every 30 linear feet of property abutting Sweeten Creek Rd where overhead utilities are present, resulting in 5 trees. - A 20’-wide “Type A” landscape buffer is required where the site is adjacent to a single-family zoning district, which includes the boundaries to the project’s north, east, and south and shows the preservation of existing mature canopy. - Parking lot landscaping requirements equate to 39 trees and 156 shrubs required which are proposed and but not fully detailed on the Landscape Plan.  - The applicant will include detailed landscaping plans for Final TRC review and approval.  - Building impact landscaping is required as being one tree and two shrubs for every 1,000 square feet of building footprint, equalling 41 trees and 82 shrubs. - Open Space is required at a rate of 50% of the site, or a rate of 20% of the site if the project meets the incentive requirements for either enhanced stormwater or affordable housing. Open space can be further reduced to 15% if the proposed open space meets certain design and operational standards. The project proposes 20% open space as required based on their stormwater plan, which equals 1.03 acres.  - A pathway connects the areas of open space and meanders through the edges of the site from the north to the central amenity location in the center of the site.  - The project proposes to meet Tree Canopy Preservation requirements through the preservation of 7% of existing tree canopy and planting an additional 10.5% area on site to achieve a total of 17.5% (0.85 acres). The project site is classified as both “Suburban” and \"Urban\" under the Tree Canopy Preservation standards, with a classification of Class B & C due to the dual requirements. The site has an existing tree canopy of 70%.  Consistency with the Comprehensive Plan and Other Plans:  Living Asheville Comprehensive Plan (2018)  - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by prioritizing greater densities of development overall, throughout the city as appropriate. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.  - The proposed development is compatible with the Future Land Use designation of “Residential Neighborhood\", which is proposed, in part, that “the types of housing in residential neighborhoods generally offer little variation of building types throughout the neighborhood, such as townhomes, duplexes or an apartment complex,” and that, “over time, residential neighborhoods can benefit from having more housing diversity”, as well as the Future Land Use designation of “Urban Corridor”, which is proposed, in part, as “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”.  Compatibility Analysis:  - The proposed multi-family project is compatible with the surrounding land uses, including:  - Supports a transition from the single-family residential neighborhoods further to the east of the project site toward the corridor of Sweeten Creek Rd. - Provides similar housing densities to the Pine Valley Manufactured Housing Park immediately north west of the project site.  Staff Recommendation: Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Michell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He reviewed the site plan, and elevation drawings. Regarding project conditions, affordable housing is included in the Project: all units (100%) will be designated affordable for a minimum of 20 years; all units (100%) will be designated affordable to those earning 80% or less of Area Median Income (AMI) as established by HUD; and all units will accept, but not be restricted to HUD (Housing Choice) vouchers. The Project includes technical modifications: (1) Sidewalk width of 5’ along Sweeten Creek instead of 10’ standard; and (2) No sidewalk along 30’ of frontage along Rock Hill Rd, where an easement will be provided instead. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  In response to Councilwoman Roney, Mr. Mitchell said that his recommendation to the developer is to always prepare for the future installation of solar options and these roofs face to the south which is optimal for maximum solar gain.  Mayor Manheimer opened the public hearing at 8:36 p.m., and when no one spoke, she closed the public hearing at 8:36 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":13},{"d":"2026-05-12","mt":"regular","id":"IV-D","ref":"ORD 5221","it":"public_hearing","t":"Ordinance to conditionally rezone 1116 Sweeten Creek Road from RM-16/CI to Residential Expansion - Conditional Zone","desc":"- Ordinance to conditionally rezone 1116 Sweeten Creek Road from RM-16 Residential Multi-Family High Density and CI Commercial Industrial District to Residential Expansion - Conditional Zone for the purposes of constructing a 126-unit multi-family development -   Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 1116 Sweeten Creek Road from RM-16 Residential Multi-Family High Density and CI Commercial Industrial District to Residential Expansion - Conditional Zone for the purposes of constructing a 126-unit multi-family development. This public hearing was advertised on May 1 and 8, 2026. Project Location and Contacts:  - The project site totals 5.15 acres located at 1116 Sweeten Creek Rd (PIN 9657-30-1178). - Owner: Heidi & Steve Kim. - Developer: Penrose LLC.  Summary of Petition:  Project Site  - The project area consists of one property totalling 5.15 acres located at 1116 Sweeten Creek Rd in the Shiloh Neighborhood, and identified in the Buncombe County land records as PIN 9657-30-1178. - The site is currently zoned Commercial Industrial (CI) on its western portion and Residential Mulit-Family High Density (RM-16) on its eastern portion. - The site has two residential structures. One existing single-family house on the property appears to be abandoned and the other occupied and was built in 1935 according to the county tax card. - Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion - Conditional Zone (RES EXP - CZ) district is required. - Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated “Urban Corridor” for the western portion and “Residential Neighborhood” for the eastern portion. These areas are delineated along the same boundary as the existing zoning districts for the parcel. Both designations recommend high density multi-family uses and Residential Expansion districts, especially where adjacent to transportation corridors. A change in the Future Land Use Map is not required.  Overall Project Proposal  - New building construction includes one 4-story multi-family building, one 3-story multi-family building, totalling 126 affordable housing units, as well as an outdoor pavilion.  - The pavilion is proposed in the central section of the site with additional outdoor amenities. - The two multi-family buildings are proposed as a larger L-shaped 4-story structure with 96 units along the north and western sides of the developed area and a rectangular 3 story building along the southern side with 30 units.  - Other site improvements include surface parking, new sidewalks, and a playground.  Technical Modifications  - The project is seeking technical modifications to development standards through the conditional zoning process including:  - Sidewalk widths of 5’ on Sweeten Creek and internally, instead of the 10’-wide standard.  Site Layout and Design  - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The maximum building height of the proposed project is approximately 43’ as measured to the ceiling of the highest floor. - Maximum density in the RES EXP district is 50 units/acre for projects proposing affordable units.The proposed project’s density is 24.6 units/acre. - Front yard, rear yard, and side yard setbacks of 15 feet are required in the RES EXP district. The project is compliant with the minimum required setbacks. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 50%.  Access, Sidewalks and Parking  - Access to the site is from a driveway on Sweeten Creek Rd - a NCDOT maintained road. - A significant NCDOT project to widen Sweeten Creek is in the engineering & design phase. This project has a northern terminus to the south of the project site just north of Rock Hill Road. The project site is not included in the project and the construction for this project is currently TBD and not funded in the state transportation plan. - Sidewalks are proposed at 5’ in width along the project’s frontage on Sweeten Creek and internal to the site. An 8’ wide grass strip is shown along the frontage between the new sidewalk and the roadway. - The project is seeking a technical modification for sidewalks width less than the minimum required 10’. - A total of 157 parking spaces are proposed for the project. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 156/282 for the RES EXP district. - Bicycle parking is required at a rate of 10% of the total number of residential units, which equates to 13 required bicycle parking spaces, which the project is proposing with the final location to be determined.  Landscaping / Open Space / Tree Canopy  - Landscape requirements apply, including street trees, property buffers, building impact, and parking lot landscaping. - Street trees are required as being one small maturing tree for every 30 linear feet of property abutting Sweeten Creek Rd where overhead utilities are present, resulting in 5 trees. - A 20’-wide “Type A” landscape buffer is required where the site is adjacent to a single-family zoning district, which includes the boundaries to the project’s north, east, and south and shows the preservation of existing mature canopy. - Parking lot landscaping requirements equate to 39 trees and 156 shrubs required which are proposed and but not fully detailed on the Landscape Plan.  - The applicant will include detailed landscaping plans for Final TRC review and approval.  - Building impact landscaping is required as being one tree and two shrubs for every 1,000 square feet of building footprint, equalling 41 trees and 82 shrubs. - Open Space is required at a rate of 50% of the site, or a rate of 20% of the site if the project meets the incentive requirements for either enhanced stormwater or affordable housing. Open space can be further reduced to 15% if the proposed open space meets certain design and operational standards. The project proposes 20% open space as required based on their stormwater plan, which equals 1.03 acres.  - A pathway connects the areas of open space and meanders through the edges of the site from the north to the central amenity location in the center of the site.  - The project proposes to meet Tree Canopy Preservation requirements through the preservation of 7% of existing tree canopy and planting an additional 10.5% area on site to achieve a total of 17.5% (0.85 acres). The project site is classified as both “Suburban” and \"Urban\" under the Tree Canopy Preservation standards, with a classification of Class B & C due to the dual requirements. The site has an existing tree canopy of 70%.  Consistency with the Comprehensive Plan and Other Plans:  Living Asheville Comprehensive Plan (2018)  - The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:  - Encourage Responsible Growth - by prioritizing greater densities of development overall, throughout the city as appropriate. - Increase and Diversify the Housing Supply - by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.  - The proposed development is compatible with the Future Land Use designation of “Residential Neighborhood\", which is proposed, in part, that “the types of housing in residential neighborhoods generally offer little variation of building types throughout the neighborhood, such as townhomes, duplexes or an apartment complex,” and that, “over time, residential neighborhoods can benefit from having more housing diversity”, as well as the Future Land Use designation of “Urban Corridor”, which is proposed, in part, as “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”.  Compatibility Analysis:  - The proposed multi-family project is compatible with the surrounding land uses, including:  - Supports a transition from the single-family residential neighborhoods further to the east of the project site toward the corridor of Sweeten Creek Rd. - Provides similar housing densities to the Pine Valley Manufactured Housing Park immediately north west of the project site.  Staff Recommendation: Staff recommends approval of this rezoning request based on the reasons stated above.  Mr. Michell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He reviewed the site plan, and elevation drawings. Regarding project conditions, affordable housing is included in the Project: all units (100%) will be designated affordable for a minimum of 20 years; all units (100%) will be designated affordable to those earning 80% or less of Area Median Income (AMI) as established by HUD; and all units will accept, but not be restricted to HUD (Housing Choice) vouchers. The Project includes technical modifications: (1) Sidewalk width of 5’ along Sweeten Creek instead of 10’ standard; and (2) No sidewalk along 30’ of frontage along Rock Hill Rd, where an easement will be provided instead. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.  In response to Councilwoman Roney, Mr. Mitchell said that his recommendation to the developer is to always prepare for the future installation of solar options and these roofs face to the south which is optimal for maximum solar gain.  Mayor Manheimer opened the public hearing at 8:36 p.m., and when no one spoke, she closed the public hearing at 8:36 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":14},{"d":"2026-05-12","mt":"regular","id":"J","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381","desc":"r releases per n.c. gen. stat. sec. 105-381  - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for March 2026 are included in the document.  - Motion to adopt City of Asheville property tax refunds and releases for the month of March 2026.  Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-05-12","mt":"regular","id":"VI-A","ref":"RES 26-96","it":"resolution","t":"Resolution authorizing the award of CDBG-DR Multi-Family Housing Program funds to Commonwealth Development Corporation (District East Commons) and Laurel Street (319B Biltmore)","desc":"Resolution authorizing the award of Community Development Block Grant - Disaster Recovery multi-family housing funds to Mountain Housing Opportunities/South Creek Development (Terrace at River Hills), Commonwealth Development Corporation (District East Commons), and Laurel Street (319B Biltmore). - Community Development Block Grant - Disaster Recovery Project Manager Elma King said that this is the consideration of a resolution authorizing the award of Community Development Block Grant - Disaster Recovery (CDBG-DR) multi-family housing funds to Mountain Housing Opportunities/South Creek Development (Terrace at River Hills), Commonwealth Development Corporation (District East Commons), and Laurel Street (319B Biltmore). - The Department of Housing and Urban Development (HUD) allocated $225,010,000 in funds to the City of Asheville on January 16, 2025. - The City’s CDBG-DR Action Plan allocated $31,000,000 to Housing Programs, inclusive of $3,000,000 to the CDBG-DR Single Family Rehabilitation & Reconstruction Program and $28,000,000 to the CDBG-DR Affordable Multi-Family Housing Construction Program. - Eligible projects under the Affordable Multi-Family Housing Construction Program must be located entirely within Asheville city limits, secure Low Income Housing Tax Credit allocations in compliance with the North Carolina Housing Finance Agency Qualified Allocation Plan, pass the City’s financial underwriting, and meet other eligibility requirements. - The application for the CDBG-DR Affordable Multi-Family Housing Construction funding opportunity closed on February 25, with the volume of submissions signaling significant demand for multifamily housing construction. The funding opportunity advertised $10,000,000 in available funding, and additional funding within the multi-family program can be awarded in this process as appropriate. - 13 applications were received, and 12 were deemed eligible, totaling 1,481 units proposed, $483,797,251 in total development cost, and $70,411,000 in City of Asheville CDBG-DR funds requested. - Staff recommends awarding $17.89 million to support 331 housing units across three projects. These include the top-ranked Terrace at River Hills ($9.5 million, to construct 126 units), followed by District East Commons ($1.39 million, to construct 93 units) and 319-B Biltmore ($7 million, to construct 112 units). The 319-B Biltmore project is recommended as a supplemental project in line with city priorities. - All three funding commitments will be contingent on a successful application and award of Low-Income Housing Tax Credits via the North Carolina Housing Finance Agency. - Terrace at River Hills and 319-B Biltmore both will apply as 4% tax credit projects and have no additional funding contingencies. - District East Commons will apply as a 9% tax credit and also needs State of NC CDBG-DR funding. The City’s funding will be contingent on District East securing State funding. - To proceed, the City Council must authorize agreements between the City and developers and award CDBG-DR funds for the construction of Affordable Multi-Family Housing within the City of Asheville. - Low-Income Housing Tax Credit applications are due May 15, 2026, and the CDBG-DR funding commitment is critical to those applications. - The projects are also time-sensitive to meet the community's recovery needs, quickly initiate much-needed affordable multifamily housing construction, and activate CDBG-DR funds. Ms. King provided a brief overview of the substantial amendment to the Single-Family Program; along with recommendations for CDBG-DR Multi-Family Housing awards. Housing and Community Development Director Nikki Reid said that regarding the proposed reallocation to Single-Family, (1) The final cost of serving all Asheville applicants to Renew NC is yet unknown, but estimated to be between $30-$40 million; (2) Staff propose pursuing a Substantial Amendment to the CDBG-DR Action Plan to reallocate $19.2 million to the Renew NC Program – comprised of $9.2 million from the Affordable Multi-Family Housing Construction Program, and $10 million from the CDBG-DR Infrastructure Program. The City identified $10M in estimated design costs for the North Fork Project as funds likely be reimbursed first through HMGP, and therefore believe this funding amount can be reallocated to Single Family Home Repair; and (3) The Single-Family Home Repair & Reconstruction Program would be allocated $22.2 million which the State estimates will serve 55-65 Asheville households. Next steps are: (1) Home repair demand and costs exceed expectations; total need estimated at $30–$40M - Proposed CDBG-DR amendment reallocates $19.2M to Renew NC, bringing the program total to $22.2M (Council to vote June 23); (2) 2024 Affordable Housing Bonds will provide additional home repair funding via ARCHER to address unmet needs - A home repair policy and bond allocation will also come before Council on June 23; and (3) Strategy combines multifamily development (for displaced renters) with homeowner repair programs (Renew NC + ARCHR) to stabilize residents, preserve generational wealth, and prevent further displacement. She then reviewed the deal structuring in affordable housing; CDBG-DR Multi-Family Program priorities; Notice of Funding opportunity (NOFO); evaluation criteria; evaluation and recommendation process; and rationale for recommendations - Recommendations align with the results of the NOFO evaluation process: $10.89 million. (1) The top Ranked Proposal: Terrace at River Hills ($9.5 million), 126 Units (4% LIHTC); (2) The second Ranked Proposal: District East Commons ($1.385 million), 93 Units (9% LIHTC) Terrace at River Hills is the most shovel ready, with no state-CDBG funding contingencies. District East requires a State funding investment, and was the second highest scoring application; and (3) Supplemental Project Recommendation: $7 million - 319 Biltmore ($7 million), 112 Units (4% LIHTC). 319-B Biltmore is shovel ready, with no additional funding contingencies. This award funds the second phase of a project on a City-owned property, with the first phase (109 workforce + affordable units) already fully funded with City support. The recommendations are (1) To advance Council’s Quality Affordable Housing vision and provide gap funding for the construction of affordable multi-family projects after Tropical Storm Helene, Staff recommend a commitment of $17.89 million to support 3 projects totaling 331 units (1) The City’s NOFO process identified Terrace at River Hills and District East Commons as the top-scoring projects based on the evaluation criteria; and (2) Supplemental Opportunity: 319-B Biltmore applied for tax credits in the Fall 2025 cycle and is positioned to start construction in 2026. Deploying additional CDBG-DR funds and awarding this project is recommended. On May 5, HCD voted 2-1 to recommend the award of $17.89 million in Affordable Multi-Family Housing Construction Program funds to advance three projects totaling 331 units. Ms. Reid responded to various questions/comments from Council, some being, but are not limited to: how much has the City contributed to 319 Biltmore already; and what other sources of funding are available for these projects and are they applying to those sources, and if not, why. When Councilwoman Turner wanted to move more money out of multi-family development into single-family home repairs, discussion occurred regarding the need for funds to repair homes, noting that the substantial amendment to reallocate funds to the Single-Family Rehab and Reconstruction Program will be coming back to City Council via a public hearing on June 9. Councilwoman Roney felt we should expedite home repair/rebuild but pull from planning. We do need more funding, but she was concerned about pulling it from infrastructure. Naming concern about flood mitigation recommendations outstanding from Flood Damage Reduction Task Force after the floods in 2004: (1) auditory alarm systems for evacuation; (2) drawdown schedule for the North Fork Reservoir in response to rainfall predictions and (3) early alert systems. Several Council members felt that the per unit subsidy on the Terrace at River Hills development was too high.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":15},{"d":"2026-05-12","mt":"regular","id":"VI-B-1","ref":"RES 26-97 / RES 26-98 / ORD 5222","it":"resolution","t":"Combined motion: declare/reaffirm protection of civil liberties; authorize application for the Community Project Funding Award (Byrne Justice Grants); and adopt budget amendment of $1,141,255.56","desc":"Resolution of the Asheville City Council to declare and reaffirm the protection of civil liberties of all residents and visitors in the collection and use of data obtained through the utilization of public facing cameras, license plate readers, and the operation of a real-time intelligence center - The resolution reads in part that “The City’s use of public safety tools shall be solely for lawful purposes, which are intended to enhance or provide for public safety, and shall not offend any constitutional or other legal right. These public safety tools shall not be used, or permitted to be accessed by any third party, in any manner that fosters discrimination, bias, or unwarranted invasions of privacy. The City shall take all reasonable steps, through policy and action, to prevent unauthorized sharing of data, general surveillance of the public outside of a criminal investigation or other legally authorized activity, or unnecessary storage of data obtained through the use of these tools. The City shall not apply these public safety tools in a manner which utilizes facial recognition, nor to target any individual or group based upon race, skin color, national or ethnic origin, gender, sexual orientation, mental or physical disability, religious or political opinion or activity, immigration status, whether they are currently experiencing homelessness, or any other unauthorized reason. The City shall further remain accountable and transparent in its actions to the extent permitted by law with respect to the use of these systems, the data collected, and the sharing of information with third parties. The access, and specific accessor, of any public facing camera or license plate reading system shall be documented and maintained to allow for subsequent audit and oversight. The storage of data collected by the City while utilizing these tools shall have a duration no longer than specified by State law, and shall not be kept beyond the expiration of the legal purpose for the data’s original collection. In the absence of state, interstate, or international criminal or national security investigations, the City shall not utilize these public safety tools to participate in enforcement of federal immigration law. This resolution is intended to encourage community trust in the City’s commitment to the utilization of its public safety tools and systems only when reasonably balanced with its duty to protect and preserve the civil liberties of the individuals who make up this community. The City Manager shall take all reasonable and prudent measures to implement these policies and ensure compliance therewith, and a report shall be provided to the City Council, at least annually, on the use of these public safety technologies and any actions taken to ensure alignment with the Council direction outlined in this resolution.” B.2. Resolution Number 26-98 - Resolution authorizing the City Manager to apply for, accept, and sign all of the appropriate application and acceptance documents for the Community Project Funding Award allocated to the City of Asheville as secured through Congressman Chuck Edward’s Office and managed through the Department of Justice Office of Justice Programs, Byrne Justice Grants - Ordinance Number 5222 - Budget Amendment in the City’s Special Revenue Fund for the Community Project Funding Award Allocation - Staff Report: Consideration of a resolution authorizing the City Manager to apply for, accept, and sign all of the appropriate application and acceptance documents for the Community Project Funding Award allocated to the City of Asheville as secured through Congressman Chuck Edward’s Office and managed through the Department of Justice Office of Justice Programs, Byrne Justice Grants; and adopt a budget amendment in the City’s Special Revenue Fund in the amount of $1,141,255.56. - APD was contacted in April 2024 by a representative from Congressman Chuck Edwards’ office regarding potential funding for Fiscal Year 2025 appropriations. - APD completed a questionnaire from Congressman Edwards’ office requesting funding to help implement a Real-Time Intelligence Center (RTIC). This funding would be to procure equipment, software, and hardware to establish a RTIC. - Authorization from the City Manager’s office to request funding was submitted on May 22, 2024. - The Fiscal Year (FY) 2025 Appropriations request was not signed into law due to a year-long continuing resolution and had to be resubmitted by Congressman Edwards for FY 2026. - APD was notified in February 2026 that $1,141,256.00 in funding had been secured in the FY 2026 Appropriations Bill. - The award conditions, allowable uses, compliance requirements, and onboarding steps will be set at the Federal level. - Once received, City staff will review the terms and determine the City’s ability and willingness to comply. This review will take into account any direction provided by the City Council - Even though the CPF is part of an appropriations law and not a typical competitive grant, most agencies require a formal application and acceptance process before funds are obligated. Once formal guidance on this is released, the procedural steps for recipients will begin, and APD will follow DOJ processes to receive funding. - A city-owned RTIC will serve as a centralized hub, bringing all existing and private camera feeds into a single location, prioritizing the safety of officers, residents, and the broader community. - The RTIC will strengthen the operational effectiveness of the APD by improving coordination, increasing efficiency, and enhancing overall public safety. B.3. Resolution Number 26-99 - Resolution authorizing the City Manager to execute on behalf of the City of Asheville a contract with Axon Enterprises, Inc to bundle all existing agreements for Asheville Police Department’s current inventory of Body-Worn Cameras, Tasers, Drones, Lightpost, and Interview Room equipment, warranties, licensing, and cloud storage for all, and add FUSUS software, utilizing the pricing offered through Sourcewell cooperative contract - Staff Report: Consideration of a resolution authorizing the City Manager to execute on behalf of the City of Asheville a contract with Axon Enterprises, Inc to bundle all existing agreements for Asheville Police Department’s current inventory of Body-Worn Cameras, Tasers, Drones, Lightpost and Interview Room equipment, warranties, licensing, and cloud storage for all, and add FUSUS software, utilizing the pricing offered through Sourcewell cooperative contract. - APD has five separate agreements with Axon to provide Body-Worn Cameras, Tasers, Drones, Lightpost, and Interview Room, including equipment, warranties, licensing, and cloud storage for all. - APD reached out to Axon in response to the City’s request for cost-saving ideas for the FY27 budget. - Axon proposed a seven-and-a-half-year combined contract that offered the City of Asheville considerable savings for the first two years, while locking in current pricing for licensing, warranties, and cloud storage for an additional five and a half years through FY34. - APD’s current agreements will begin to expire in FY29 if left unbundled. Locking in pricing now will guarantee there is no significant increase in future costs for continued licensing, warranties, and cloud storage for our existing equipment and software. - By bundling Fusus into this contract with the other Axon products currently in use by APD, there are additional cost savings for Fusus of $46,948.25 over the life of the contract. - The FY27 cost of the existing agreements as they currently stand is $837,155.82. Bundling them into this new contract reduces the cost to $740,000.00 for FY27. - Additional cost savings for FY28 would be realized in a reduction from $856,418.41 to $777,500.00 under the new bundled contract. - The FY27 addition of FUSUS to the bundle is $467,602.15, which will be funded by the Community Project Funding (CPF) Award if approved by Council. - Council will review a budget amendment at this Council meeting to add $1,141,256 for the Community Project Funding Award. - No local match is required for this grant. Interim Chief Stepp took a few minutes to talk about the environment we’re operating in today. We are working in a setting of increasing demand and limited capacity. At the same time, we are operating without fully integrated real-time capability, meaning critical information is often fragmented, delayed, or spread across multiple systems and partners. We also continue to face staffing constraints that impact response times, investigative capacity, and proactive policing efforts. Officers and investigators are working harder than ever, often without the benefit of immediate, shared situational awareness. This is the reality of our current operations. And it’s why this discussion matters. This is not about buying technology. This is about improving emergency response, investigative efficiency, transparency, and officer accountability. Before discussing what this system can do, it’s important to understand what it will not do: No facial recognition; No general monitoring; No unrestricted access to private cameras; Defined retention schedules; and Full audit logs. This system is governed under CALEA-aligned standards through the Commission on Accreditation for Law Enforcement Agencies framework. In practical terms, that means it operates in accordance with nationally recognized best practices for law enforcement accountability, oversight, and professionalism. To be clear, we are aligned with the Council’s concerns around privacy, oversight, and preventing overreach. Public safety shouldn’t come at the expense of community values, and they won’t. The two can exist together. They are foundational to how this system is structured, how it is governed, and how it will be used. She hoped that we’ve demonstrated that through the proposed civil liberties resolution and the name change. However, sorry to report we cannot change the name because it has been signed into law, but once funding is received, my understanding is that there may be an opportunity to do that, and if so, she will follow through to change intelligence to information. With that context in mind, it’s important to step back from the technical discussion. We have spent a lot of time talking about systems, platforms, dashboards, and software, features, integrations, and specifications. But somewhere along the way, we’ve lost sight of what this is actually about. This funding supports accountable technology upgrades for emergency response and transparency. And more importantly, it supports outcomes. So with that in mind, let’s focus on what this is really about - it’s about community and officer safety; it’s about faster emergency response; it’s about accountability and transparency; it’s about stronger investigations; it’s about finding missing persons; it’s about handling evidence efficiently and responsibly; and it’s about governance and safeguards that ensure this is done the right way. This is not about software. It’s about victims. It’s about the mother waiting for answers after her child is taken. It’s about the officer trying to stop a violent offender before they strike again. It’s about the difference between acting in seconds and showing up minutes too late. A real-time intelligence center is not a technology project. It is a public safety function. It exists for one reason: to close the gap between what is happening and what we know about it—so we can act faster, smarter, and more effectively. Because crime does not wait for reports to be written. It does not pause for information to be entered into a system. It unfolds in real time. And when our response is delayed, incomplete, or disconnected, people get hurt. She then gave an example back in 2018 of an incident where a child was shot and no one came forward. Sadly, to this day, his case remains unsolved. Think about that for a moment. Not in terms of technology, but in terms of reality. That is the gap. Not effort. Not commitment. Information. This isn’t about adding another piece of equipment. It’s about making sure that when something like this happens, and unfortunately, it will, we are not standing in the dark, hoping someone speaks up. It’s about ensuring that silence is not the end of the investigation. Because in so many of our cases involving acts of violence, video surveillance provides critical evidence, helps identify offenders, and changes the trajectory of an investigation. And when we talk about modernization, this is what we mean. Not technology for technology’s sake, but the ability to see, to know, and to act when it matters most. Because when we strip everything else away, the technology, the terminology, the process, that is what this comes down to. Time.... Time to identify a suspect. Time to locate a victim. Time to intervene before violence escalates. And in policing, time is often the difference between life and death. So as she reviewed her presentation, she asked that we keep that perspective. Not what the system looks like. Not how it operates on a screen. But what it enables in the field. Faster decisions. Better coordination. Lives protected. Interim Chief Stepp then provided Council with the request of funding for software, hardware, and equipment to implement a Real Time Intelligence Center (RTIC). She noted that we applied for this grant to build an existing tool, Fusus, that the City of Asheville has funded since 2022. Additionally, a Justice Assistance Grant (JAG) was approved in March 2025 in the amount of approximately $60,000, to support the development of the RTIC. She then reviewed the funding timeline and said that funding was secured in February, 2026. She then reviewed the funding breakdown, along with the ongoing cost breakdown. She explained the RTIC (physical space) vs. Fusus (software platform. Fusus isn’t about watching people - it’s about helping first responders get to emergencies faster, better informed, solve crimes more efficiently, and keep the community safer with less intrusion, not more. She explained the Fusus definition of registry vs. integration, noting both are voluntary and can be revoked at any time. Axon Fusus neither has access to or retains data from an agency’s Fusus system. Axon Fusus will pull in the video stream, if connected through a FUSUS Core device. Fusus will not pull in the artificial intelligence (AI) technologies layered onto that device. Axon Fusus utilizes AI to rapidly search video provided to the system by users in order to mitigate criminal activity. AL may be utilized to automatically recognize weapons, vehicles of interest, etc. RTIC benefits include faster response; stronger investigations; enhanced safety; strategic focus; force multiplier; oversight and accountability; meeting Jury expectations; support for vulnerable areas; and promoting equity and accuracy. RTIC’s are not a standalone solution but agencies that have implemented them consistently show improved outcomes in response, case clearance, and targeted crime reduction efforts. She then read a letter from District Attorney Todd Williams dated April 30, 2026, who expressed his “support for receipt of federal funding to create a Real-Time Intelligence Center (RTIC). As our community addresses public safety challenges, we must adopt tools that preserve objective evidence, effectively utilize emerging technologies, and enhance both public safety and ensure civil rights. … By focusing on objective evidence and the preservation of facts, it is my hope that we can reduce cycles of violence and ensure that public safety means safety for all..” She also read a letter from Russ Ferguson, United States Attorney in the Western District of North Carolina dated May 12, 2026, in that it was his “belief that the City of Asheville and the Asheville Police Department would benefit from the establishment of a Real-Time Intelligence Center (RTIC). … I believe that every community deserves safety, and safety is a shared responsibility that includes law enforcement, clergy, community leaders, public health, non-profit organizations and others. Utilizing RTIC to its fullest capacity is value added to the Asheville Police, strengthens accountability and transparency to the community, and improves our response to victims of crime.” Interim Chief Stepp then explained the Axon contract consolidation. She said if this funding is not approved, we will continue operating under the current fragmented model. Today, that model consists of five separate agreements, each with different renewal cycles, amended add-ons, varying service agreements, and misaligned hardware refresh schedules. Maintaining that structure creates ongoing administrative complexity and exposes the department to financial instability. More importantly, it creates a predictable problem - Our current financial modeling shows technology costs rising to approximately $1.24 million annually by Fiscal Year (FY) 2027, followed by a significant coverage gap in FY 2029, when major agreements expire. By combining this year, we save approximately 180k over the next two years. At that point, we will be forced into consolidation—but under less favorable conditions, with fewer options and higher costs. The “do nothing” approach is not neutral. Renewing these systems individually at future market rates is expected to increase costs by 20 to 30 percent due to ongoing sector inflation—without adding new capability, without improving response, and without addressing current operational gaps. In other words, we will pay more to maintain the same capabilities. She said, by contrast, the approval allows us to move forward with a comprehensive, structured solution: (1) Consolidating five separate agreements into one unified agreement; (2) Transitioning to a 7.5-year Officer Safety Plan; (3) Locking in pricing to protect against future inflation; (4) Eliminating unpredictable capital expenditure spikes for hardware replacement; and (5) And immediately improving operational capability. This approach is projected to deliver more than $4 million in total contract value savings over time, while providing a stable, sustainable, and modernized foundation for public safety operations. Moving forward, our focus is on how we implement this, deliberately, transparently, and with clear accountability. As we talk about the Education Campaign, this is what that looks like: (1) Community engagement through town hall-type meetings and listening sessions will occur prior to finalizing policies; (2) Continued transparency through regular neighborhood meetings and RTIC tours; (3) Policy development grounded in privacy, oversight, and best practices; and (4) Ongoing demonstration of effectiveness through measurable outcomes and case-based results. Trust will not be assumed; it will be demonstrated. Mayor Manheimer read the following letter from Attorney General Jeff Jackson “There is a long tradition of skepticism about government surveillance, and that skepticism has produced important guardrails over the years. The question is which guardrails are in place for this proposal by APD. This technology can be deployed in narrower or broader ways, and several of the most consequential choices are matters of policy rather than capability. Based on what APD has described, the proposal here makes the narrower choice on the following concerns: Use for federal immigration enforcement, which is excluded. Facial recognition software, which is excluded. Footage retention, which is limited to the period set by city policy. Ownership of footage, which remains with the department rather than a private vendor. Winston-Salem, High Point, and the Buncombe County Sheriff's Office have operated facilities of this kind for several years. Their experience has been that, when these centers are run with clear policy limits and public oversight, they help reduce response times and assist in solving crimes without becoming the broader surveillance tool that critics reasonably worry about. Public safety and civil liberties are not opposing values, and the framework APD has put forward is a serious attempt to hold both at once.” In response to Mayor Manheimer, City Attorney Branham said that all City contracts include clauses that allow City Council to pull funding from the contract, and thus terminate it. We also build in additional terms which empower the City to terminate the contract unilaterally under certain circumstances. His office has been reviewing the terms with the software provider and asking if they were willing to approve additional provisions and they have expressed their willingness to do so. The City will be able to terminate the contract if the system is not used correctly. In response to Mayor Manheimer, Interim Chief Stepp explained the records retention policy governed by the State. She noted that physical evidence is different from data collection. City Attorney Branham also noted that these programs are software based, and a digital log is automatically generated and retained showing each person has accessed and utilized the program.","c":"Housing","mo":"individual","mv":"Hess","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":16},{"d":"2026-05-12","mt":"regular","id":"VI-B-3","ref":"RES 26-99","it":"resolution","t":"Resolution authorizing a contract with Axon Enterprises, Inc. to bundle Asheville Police Department equipment agreements and add FUSUS software","desc":"- Resolution authorizing the City Manager to execute on behalf of the City of Asheville a contract with Axon Enterprises, Inc to bundle all existing agreements for Asheville Police Department’s current inventory of Body-Worn Cameras, Tasers, Drones, Lightpost, and Interview Room equipment, warranties, licensing, and cloud storage for all, and add FUSUS software, utilizing the pricing offered through Sourcewell cooperative contract -   Staff Report: Consideration of a resolution authorizing the City Manager to execute on behalf of the City of Asheville a contract with Axon Enterprises, Inc to bundle all existing agreements for Asheville Police Department’s current inventory of Body-Worn Cameras, Tasers, Drones, Lightpost and Interview Room equipment, warranties, licensing, and cloud storage for all, and add FUSUS software, utilizing the pricing offered through Sourcewell cooperative contract.  - APD has five separate agreements with Axon to provide Body-Worn Cameras, Tasers, Drones, Lightpost, and Interview Room, including equipment, warranties, licensing, and cloud storage for all. - APD reached out to Axon in response to the City’s request for cost-saving ideas for the FY27 budget. - Axon proposed a seven-and-a-half-year combined contract that offered the City of Asheville considerable savings for the first two years, while locking in current pricing for licensing, warranties, and cloud storage for an additional five and a half years through FY34. - APD’s current agreements will begin to expire in FY29 if left unbundled. Locking in pricing now will guarantee there is no significant increase in future costs for continued licensing, warranties, and cloud storage for our existing equipment and software. - By bundling Fusus into this contract with the other Axon products currently in use by APD, there are additional cost savings for Fusus of $46,948.25 over the life of the contract. - The FY27 cost of the existing agreements as they currently stand is $837,155.82. Bundling them into this new contract reduces the cost to $740,000.00 for FY27. - Additional cost savings for FY28 would be realized in a reduction from $856,418.41 to $777,500.00 under the new bundled contract. - The FY27 addition of FUSUS to the bundle is $467,602.15, which will be funded by the Community Project Funding (CPF) Award if approved by Council.  - Council will review a budget amendment at this Council meeting to add $1,141,256 for the Community Project Funding Award.  - No local match is required for this grant.  Interim Chief Stepp took a few minutes to talk about the environment we’re operating in today. We are working in a setting of increasing demand and limited capacity. At the same time, we are operating without fully integrated real-time capability, meaning critical information is often fragmented, delayed, or spread across multiple systems and partners. We also continue to face staffing constraints that impact response times, investigative capacity, and proactive policing efforts. Officers and investigators are working harder than ever, often without the benefit of immediate, shared situational awareness. This is the reality of our current operations. And it’s why this discussion matters. This is not about buying technology. This is about improving emergency response, investigative efficiency, transparency, and officer accountability.  Before discussing what this system can do, it’s important to understand what it will not do: No facial recognition; No general monitoring; No unrestricted access to private cameras; Defined retention schedules; and Full audit logs. This system is governed under CALEA-aligned standards through the Commission on Accreditation for Law Enforcement Agencies framework. In practical terms, that means it operates in accordance with nationally recognized best practices for law enforcement accountability, oversight, and professionalism. To be clear, we are aligned with the Council’s concerns around privacy, oversight, and preventing overreach. Public safety shouldn’t come at the expense of community values, and they won’t. The two can exist together. They are foundational to how this system is structured, how it is governed, and how it will be used.  She hoped that we’ve demonstrated that through the proposed civil liberties resolution and the name change. However, sorry to report we cannot change the name because it has been signed into law, but once funding is received, my understanding is that there may be an opportunity to do that, and if so, she will follow through to change intelligence to information. With that context in mind, it’s important to step back from the technical discussion. We have spent a lot of time talking about systems, platforms, dashboards, and software, features, integrations, and specifications. But somewhere along the way, we’ve lost sight of what this is actually about. This funding supports accountable technology upgrades for emergency response and transparency. And more importantly, it supports outcomes. So with that in mind, let’s focus on what this is really about - it’s about community and officer safety; it’s about faster emergency response; it’s about accountability and transparency; it’s about stronger investigations; it’s about finding missing persons; it’s about handling evidence efficiently and responsibly; and it’s about governance and safeguards that ensure this is done the right way. This is not about software. It’s about victims.  It’s about the mother waiting for answers after her child is taken. It’s about the officer trying to stop a violent offender before they strike again. It’s about the difference between acting in seconds and showing up minutes too late.  A real-time intelligence center is not a technology project. It is a public safety function. It exists for one reason: to close the gap between what is happening and what we know about it—so we can act faster, smarter, and more effectively.  Because crime does not wait for reports to be written. It does not pause for information to be entered into a system. It unfolds in real time. And when our response is delayed, incomplete, or disconnected, people get hurt. She then gave an example back in 2018 of an incident where a child was shot and no one came forward. Sadly, to this day, his case remains unsolved. Think about that for a moment. Not in terms of technology, but in terms of reality. That is the gap. Not effort. Not commitment. Information. This isn’t about adding another piece of equipment. It’s about making sure that when something like this happens, and unfortunately, it will, we are not standing in the dark, hoping someone speaks up. It’s about ensuring that silence is not the end of the investigation. Because in so many of our cases involving acts of violence, video surveillance provides critical evidence, helps identify offenders, and changes the trajectory of an investigation. And when we talk about modernization, this is what we mean. Not technology for technology’s sake, but the ability to see, to know, and to act when it matters most. Because when we strip everything else away, the technology, the terminology, the process, that is what this comes down to. Time.... Time to identify a suspect. Time to locate a victim. Time to intervene before violence escalates. And in policing, time is often the difference between life and death.  So as she reviewed her presentation, she asked that we keep that perspective. Not what the system looks like. Not how it operates on a screen. But what it enables in the field. Faster decisions. Better coordination. Lives protected.  Interim Chief Stepp then provided Council with the request of funding for software, hardware, and equipment to implement a Real Time Intelligence Center (RTIC). She noted that we applied for this grant to build an existing tool, Fusus, that the City of Asheville has funded since 2022. Additionally, a Justice Assistance Grant (JAG) was approved in March 2025 in the amount of approximately $60,000, to support the development of the RTIC. She then reviewed the funding timeline and said that funding was secured in February, 2026. She then reviewed the funding breakdown, along with the ongoing cost breakdown. She explained the RTIC (physical space) vs. Fusus (software platform. Fusus isn’t about watching people - it’s about helping first responders get to emergencies faster, better informed, solve crimes more efficiently, and keep the community safer with less intrusion, not more. She explained the Fusus definition of registry vs. integration, noting both are voluntary and can be revoked at any time. Axon Fusus neither has access to or retains data from an agency’s Fusus system. Axon Fusus will pull in the video stream, if connected through a FUSUS Core device. Fusus will not pull in the artificial intelligence (AI) technologies layered onto that device. Axon Fusus utilizes AI to rapidly search video provided to the system by users in order to mitigate criminal activity. AL may be utilized to automatically recognize weapons, vehicles of interest, etc. RTIC benefits include faster response; stronger investigations; enhanced safety; strategic focus; force multiplier; oversight and accountability; meeting Jury expectations; support for vulnerable areas; and promoting equity and accuracy. RTIC’s are not a standalone solution but agencies that have implemented them consistently show improved outcomes in response, case clearance, and targeted crime reduction efforts.  She then read a letter from District Attorney Todd Williams dated April 30, 2026, who expressed his “support for receipt of federal funding to create a Real-Time Intelligence Center (RTIC). As our community addresses public safety challenges, we must adopt tools that preserve objective evidence, effectively utilize emerging technologies, and enhance both public safety and ensure civil rights. … By focusing on objective evidence and the preservation of facts, it is my hope that we can reduce cycles of violence and ensure that public safety means safety for all..”  She also read a letter from Russ Ferguson, United States Attorney in the Western District of North Carolina dated May 12, 2026, in that it was his “belief that the City of Asheville and the Asheville Police Department would benefit from the establishment of a Real-Time Intelligence Center (RTIC). … I believe that every community deserves safety, and safety is a shared responsibility that includes law enforcement, clergy, community leaders, public health, non-profit organizations and others. Utilizing RTIC to its fullest capacity is value added to the Asheville Police, strengthens accountability and transparency to the community, and improves our response to victims of crime.”  Interim Chief Stepp then explained the Axon contract consolidation. She said if this funding is not approved, we will continue operating under the current fragmented model.  Today, that model consists of five separate agreements, each with different renewal cycles, amended add-ons, varying service agreements, and misaligned hardware refresh schedules. Maintaining that structure creates ongoing administrative complexity and exposes the department to financial instability. More importantly, it creates a predictable problem - Our current financial modeling shows technology costs rising to approximately $1.24 million annually by Fiscal Year (FY) 2027, followed by a significant coverage gap in FY 2029, when major agreements expire. By combining this year, we save approximately 180k over the next two years. At that point, we will be forced into consolidation—but under less favorable conditions, with fewer options and higher costs. The “do nothing” approach is not neutral. Renewing these systems individually at future market rates is expected to increase costs by 20 to 30 percent due to ongoing sector inflation—without adding new capability, without improving response, and without addressing current operational gaps. In other words, we will pay more to maintain the same capabilities.  She said, by contrast, the approval allows us to move forward with a comprehensive, structured solution: (1) Consolidating five separate agreements into one unified agreement; (2) Transitioning to a 7.5-year Officer Safety Plan; (3) Locking in pricing to protect against future inflation; (4) Eliminating unpredictable capital expenditure spikes for hardware replacement; and (5) And immediately improving operational capability.  This approach is projected to deliver more than $4 million in total contract value savings over time, while providing a stable, sustainable, and modernized foundation for public safety operations.  Moving forward, our focus is on how we implement this, deliberately, transparently, and with clear accountability. As we talk about the Education Campaign, this is what that looks like: (1) Community engagement through town hall-type meetings and listening sessions will occur prior to finalizing policies; (2) Continued transparency through regular neighborhood meetings and RTIC tours; (3) Policy development grounded in privacy, oversight, and best practices; and (4) Ongoing demonstration of effectiveness through measurable outcomes and case-based results. Trust will not be assumed; it will be demonstrated.  Mayor Manheimer read the following letter from Attorney General Jeff Jackson “There is a long tradition of skepticism about government surveillance, and that skepticism has produced important guardrails over the years. The question is which guardrails are in place for this proposal by APD. This technology can be deployed in narrower or broader ways, and several of the most consequential choices are matters of policy rather than capability. Based on what APD has described, the proposal here makes the narrower choice on the following concerns: Use for federal immigration enforcement, which is excluded. Facial recognition software, which is excluded. Footage retention, which is limited to the period set by city policy. Ownership of footage, which remains with the department rather than a private vendor. Winston-Salem, High Point, and the Buncombe County Sheriff's Office have operated facilities of this kind for several years. Their experience has been that, when these centers are run with clear policy limits and public oversight, they help reduce response times and assist in solving crimes without becoming the broader surveillance tool that critics reasonably worry about. Public safety and civil liberties are not opposing values, and the framework APD has put forward is a serious attempt to hold both at once.”  In response to Mayor Manheimer, City Attorney Branham said that all City contracts include clauses that allow City Council to pull funding from the contract, and thus terminate it. We also build in additional terms which empower the City to terminate the contract unilaterally under certain circumstances. His office has been reviewing the terms with the software provider and asking if they were willing to approve additional provisions and they have expressed their willingness to do so. The City will be able to terminate the contract if the system is not used correctly.   In response to Mayor Manheimer, Interim Chief Stepp explained the records retention policy governed by the State. She noted that physical evidence is different from data collection. City Attorney Branham also noted that these programs are software based, and a digital log is automatically generated and retained showing each person has accessed and utilized the program.","c":"Public Safety","mo":"individual","mv":"Hess","sec":"Ullman","r":"passed","ta":"6-1","cf":"high","u":"https://docs.google.com/document/d/1J0VNbOtglQSb3nRjbg6-Bw_Q1w6of6aCNId0TDL5NlQ/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":17},{"d":"2026-05-21","mt":"worksession","id":"1","ref":"","it":"procedural","t":"Go into closed session (privileged/personnel) at agenda briefing","desc":"","c":"Administrative","mo":"procedural","mv":"Hess","sec":"Turner","r":"passed","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1_rZIZT5cM4NDPETLXKECk_eUsRbtXQILaMLB7JtRGfM/edit?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":0},{"d":"2026-05-21","mt":"worksession","id":"2","ref":"","it":"procedural","t":"Come out of closed session","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Roney","r":"passed","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1_rZIZT5cM4NDPETLXKECk_eUsRbtXQILaMLB7JtRGfM/edit?usp=drive_link","mat":0,"mr":"procedural/administrative","sq":1},{"d":"2026-05-26","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of 5/7 briefing and 5/12/2026 formal meeting","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1_rZIZT5cM4NDPETLXKECk_eUsRbtXQILaMLB7JtRGfM/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-05-26","mt":"regular","id":"B","ref":"RES 26-100","it":"resolution","t":"Amend installment financing contract; issue interim LOBs up to $40M for capital projects","desc":"- Resolution approving an amendment to an installment financing contract to provide for the financing of additional projects and authorizing the City Manager or the Finance Director to pursue on behalf of the City debt financing for capital projects with a draw program that includes an installment financing and the related issuance of interim Limited Obligation Bonds in an amount not to exceed $40,000,000 for construction of various general government capital projects -","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1_rZIZT5cM4NDPETLXKECk_eUsRbtXQILaMLB7JtRGfM/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-05-26","mt":"regular","id":"C","ref":"RES 26-101","it":"resolution","t":"Increase Litter and Cleanliness Program funding; amend WNC Landscaping & Steri-Clean contracts","desc":"- Resolution authorizing an increase in the total project funding for the Litter and Cleanliness Program and authorizing the City Manager to execute contract amendments with WNC Landscaping LLC and Steri-Clean of NC -   D. Resolution Number 26-102 - Resolution authorizing the City Manager to execute a contract amendment with Weisiger Group / dba Carolina Caterpillar for Heavy Truck Repair and Service to supplement Fleet Maintenance for 3 years if the final renewal is exercised -   E. Resolution Number 26-103 - Resolution amending the 2026 City Council meeting schedule to revise the Policy, Finance & Infrastructure Worksessions to be the 4th Tuesday of every other month beginning in July, 2026 -   Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1_rZIZT5cM4NDPETLXKECk_eUsRbtXQILaMLB7JtRGfM/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-05-26","mt":"regular","id":"D","ref":"RES 26-102","it":"resolution","t":"Contract amendment with Weisiger/Carolina Caterpillar for heavy truck repair","desc":"- Resolution authorizing the City Manager to execute a contract amendment with Weisiger Group / dba Carolina Caterpillar for Heavy Truck Repair and Service to supplement Fleet Maintenance for 3 years if the final renewal is exercised -   E. Resolution Number 26-103 - Resolution amending the 2026 City Council meeting schedule to revise the Policy, Finance & Infrastructure Worksessions to be the 4th Tuesday of every other month beginning in July, 2026 -   Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1_rZIZT5cM4NDPETLXKECk_eUsRbtXQILaMLB7JtRGfM/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-05-26","mt":"regular","id":"E","ref":"RES 26-103","it":"resolution","t":"Amend 2026 meeting schedule: Policy, Finance & Infrastructure worksessions","desc":"- Resolution amending the 2026 City Council meeting schedule to revise the Policy, Finance & Infrastructure Worksessions to be the 4th Tuesday of every other month beginning in July, 2026 -   Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1_rZIZT5cM4NDPETLXKECk_eUsRbtXQILaMLB7JtRGfM/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-06-09","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of combined minutes of the agenda briefing worksession held on May 21, 2026, and the formal meeting held on May 26, 2026","desc":"","c":"Administrative","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-06-09","mt":"regular","id":"B","ref":"ORD 5223","it":"ordinance","t":"Budget amendment transferring $1,464,337 in Mellon Foundation funds from the Grant Fund to the Capital Fund for the Eagle and Market Street Enhancements Project","desc":"Background: - Asheville City Council authorized staff, via resolution 23-73, to apply for and receive $3,000,000 in grant funds from the Mellon Foundation to support implementation of the Pack Square Plaza Vision Plan - The City was awarded $3,000,000 through the Mellon Foundation's Monuments Project to advance elements of the Pack Square Plaza Vision Plan, including: \"Boosting the Block\", an initiative focused on better connecting The Block and enhancing its cultural character through design, engineering and construction. - City Council adopted a resolution authorizing execution of a $180,000 contract with Illumined Leadership Solutions for community engagement, facilitation and overall support for the Boosting the Block initiative and approved an associated budget amendment in the amount of $3,000,000 to accept the grant funds. - The Mellon Foundation grant included $1,464,388 designated for design/engineering and construction of streetscape and public space improvements associated with the Boosting the Block project. City Council authorization is required to transfer these funds to the City's Capital Projects Fund for utilization as part of the Eagle and Market Street Enhancements Project. - The Eagle and Market Street Enhancements capital project will implement the key physical elements of Boosting the Block and leverage additional transportation bond funds to develop and implement a cohesive and community-inspired design for key corridors on The Block intended to enhance walkability and wayfinding, strengthens visual and cultural identity, and invest in infrastructure that supports community gathering and programming. - City staff will also submit a Phase II TDA LIFT application to pursue additional funding that could further enhance elements of the Eagle and Market Street Enhancements project and/or extend the project area. - In early 2026, the City administered a competitive RFQ process to select a Design/Engineering team for the Eagle and Market Street Enhancements project; City Council is scheduled to consider contract authorization on June 23, 2026. Fiscal Impact: - Mellon Foundation funds previously received from the Special Revenue Fund to the General Capital Projects Fund","c":"Transportation","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-06-09","mt":"regular","id":"C","ref":"RES 26-104","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with the UNC School of Government to participate in the North Carolina Benchmarking Project for Fiscal Years 2026 through 2028","desc":"Background: - The UNC School of Government annually convenes a group of NC municipalities to participate in the North Carolina Benchmarking Project. Participating cities and towns compare performance data to understand how efficiently and effectively they are providing core municipal services and also learn from each other by sharing best practices and innovative ideas. - The City of Asheville participated in the NC Benchmarking Project from at least 2005 until 2019. The City rejoined the Project in 2023. - This resolution would authorize the City Manager to sign an agreement with the UNC School of Government to participate in the next three years of the NC Benchmarking Project at an annual cost of $10,000 per year. Fiscal Impact: - Funding is included in the Finance & Management Services Department's annual operating budget. - at a cost of $10,000 per year, for a total of $30,000 over three years","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-06-09","mt":"regular","id":"D.1","ref":"RES 26-105","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Cigna Health and Life Insurance Company for Employee Health Insurance","desc":"Background: - Offering competitive health insurance is essential for recruiting and retaining employees - Providing healthcare coverage promotes a healthier workforce Fiscal Impact: - an amount not to exceed $720,000 annually for years one through three, $732,000 for year four, and $743,000 for year five","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-06-09","mt":"regular","id":"D.2","ref":"RES 26-106","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Cigna Health and Life Insurance Company for Stop Loss Insurance","desc":"Background: - Stop-loss insurance is necessary because the City's health care costs are self-funded. - This coverage caps our liability, protecting the organization from catastrophic or unpredictable medical claims. Fiscal Impact: - an amount not to exceed $2,070,000","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-06-09","mt":"regular","id":"D.3","ref":"RES 26-107","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Delta Dental NC for Employee Dental Insurance","desc":"Background: - Staff performed outreach through the Request for Proposals process which included posting on the City's website and performing outreach in accordance with applicable purchasing and Asheville Business Inclusion policies. Fiscal Impact: - an amount not to exceed $59,000 annually for years one through three, $62,000 for year four, and $63,000 for year five","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-06-09","mt":"regular","id":"D.4","ref":"RES 26-108","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Marathon Health for Health Services Clinic and Wellness Program Management","desc":"Background: - Staff performed outreach through the Request for Proposals process which included posting on the City's website and performing outreach in accordance with applicable purchasing and Asheville Business Inclusion policies. Fiscal Impact: - an amount not to exceed $1,289,393 annually for year one, $1,363,863 for year two, $1,431,556 for year three, $1,502,634 for year four, and $1,577,265 for year five","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-06-09","mt":"regular","id":"D.5","ref":"RES 26-109","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Sun Life Assurance Company of Canada for Employee Insurance and Leave Management Administration","desc":"Background: - The City offers Accidental Death and Dismemberment, Life and other voluntary insurance benefits to recruit and retain talent and to ensure compliance with legislative and fiduciary requirements. - Leave management administration is utilized to track, approve and manage protected leave for employees as prescribed by federal legislation. Fiscal Impact: - an amount not to exceed $283,333 annually for three (3) years","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-06-09","mt":"regular","id":"E","ref":"RES 26-110","it":"resolution","t":"Resolution authorizing the City Manager to renew the automatic aid agreement between the City of Asheville and Reems Creek Fire Department","desc":"Background: - In August 2013, City Council approved a resolution authorizing a multi-year agreement with Reem's Creek Fire Department for automatic aid service. - Automatic aid is provided to specific areas in North Asheville where a Reems Creek fire unit can be on scene before an Asheville Fire unit. This Reems Creek fire unit is either a pickup-style vehicle or a fire apparatus with 2 firefighters, depending upon the type of call, medical or fire. - The City of Asheville has a need to strengthen its standard of response and cover in the Beaverdam Valley, and the Reem's Creek Fire Department is the most appropriate organization to provide the service. - The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index. - The term of the renewal agreement will end June 30, 2027. Fiscal Impact: - The total cost of this renewal agreement is $118,658.23 for the fiscal year 2026-27.","c":"Public Safety","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-06-09","mt":"regular","id":"F","ref":"RES 26-111","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Colliers Engineering & Design for easement acquisition services on the Coxe Avenue streetscape project","desc":"Background: - In order to build the Coxe Avenue streetscape project, the City must acquire right of way easements. - The Coxe Avenue streetscape project construction is primarily funded through a federal transportation improvement grant and administered by the North Carolina Department of Transportation (NCDOT). - NCDOT follows the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), required for federally funded projects, to acquire right of way; including permanent easements and temporary construction easements. - All easements must be acquired before NCDOT will grant construction authorization. - Construction authorization occurs after design and right-of way phases are complete. - Construction authorization is required before advertising for bids. Fiscal Impact: - in the amount of $278,350 … up to the contingency amount of $41,000","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-06-09","mt":"regular","id":"G","ref":"RES 26-112","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Johnson Controls Building Solutions for the Public Works Air Handler Unit Replacement Project","desc":"Background: - The existing 30 year old air handling unit (AHU) at the Public Works facility is approaching the end of life expectancy and needs to be replaced as soon as possible before the summer season. - Currently the AHU can only run at 50% power because of the intense vibration due to a bent wheel shaft, wheel imbalance, and bearing wear. - Bidding required many rounds in order to receive acceptable bids: - In September, 2025, the project was advertised as a design-build. No qualifications were received. - In October, 2025 the project was pursued through a Co-Operative purchase contract with Daikin and Omnia Partners. - In March 2026, the project was bid with two bidder submissions, however, the ABI documentation for both bidders was not correctly filled out and both bidders were deemed non-responsive. - In April 2026 the project was rebid and two bids were received. - Johnson Controls Building Solutions was deemed the lowest responsive, responsible bidder and therefore they are recommended for Award. - Due to long lead times caused by supply shortages the unit will be delivered by December of this year. With the rapidly approaching summer season, temporary cooling is included in the construction project and will assist in providing continuity for building occupants. Fiscal Impact: - in the amount of $152,390; further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of $15,239 (10%)","c":"Contracts & Procurement","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-06-09","mt":"regular","id":"H","ref":"","it":"other","t":"Monthly municipal property tax refunds or releases for April 2026 per N.C.G.S. § 105-381","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for April 2026 are included in the document.","c":"Budget & Finance","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2026-06-09","mt":"regular","id":"I","ref":"RES 26-115","it":"resolution","t":"Resolution authorizing execution of an improvement agreement allowing a private developer to improve unopened portions of public right-of-way on Pine Lane and accept those areas for City maintenance","desc":"Background: - Pursuant to North Carolina General Statutes Section 160A-309, the City may contract with a developer for public roadway improvements that are adjacent or ancillary to a private land development project. These contracts are not subject to Article 8 of Chapter 143 of the General Statutes provided that City determines the public cost will not exceed: $250,000.00; the estimated cost of making the improvements itself; or the cost of paying for the improvements through a bid contract. - On 25 February 2025 Council adopted Ordinance Number 5120 which rezoned two parcels totaling 6.68 acres to Residential Expansion – Conditional Zone. - The parcels are located off of Brevard Road, between Brevard Road and Interstate 26; just north of where these roads intersect. - The parcels are accessed via Pine Lane, a City maintained street. The City opened a portion of this street in 1994. - The rezoning was effected to allow construction of 126 units of multi-family housing, to be called The Deyton. - The developer, Roers Asheville Developer LLC, has offered to improve a roughly 165 feet section of Pine Lane that the City has not opened. - The City has agreed to accept and maintain this additional 165 feet section of public right-of-way. Fiscal Impact: - The developer will bring these areas up to City standards and pay for all costs associated with the work, which the developer estimates will be $198,361.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2026-06-09","mt":"regular","id":"V-A","ref":"ORD 5224","it":"ordinance","t":"Ordinance amending the FY 2026-27 Fees and Charges Manual to incorporate changes to Parking Fund fees","desc":"Background: - On March 24, 2026, Council was presented with options for adjusting Parking Fund fees and charges. - The proposed changes include: - Expansion of parking meters into South Slope, including up to 170 new meters - Increase of monthly permit fees in garages and lots - Increase of special event fee - Establishment of a \"failure to pay\" fee for garages - Applying a special event fee to lots in addition to garages - Use of on-street parking spaces without prior approval - Allowance of new monthly permit spaces to be designated - In total, these changes are expected to increase Parking Fund revenue by $500,000. - In order to operationalize the expansion into South Slope, the Proposed Budget includes $480,000 for the addition of a Parking Enforcement Supervisor and two part time Parking Enforcement Officers and the operating and capital costs of the meters. - If approved, fee adjustments will become effective July 1, 2026. Fiscal Impact: - $500,000 in additional revenue and $480,000 in additional staff, operating, and capital costs are included in the FY 2026-27 Proposed Budget. - Both revenue and expenses are included in the FY 2026-27 proposed budget (Parking Fund).","c":"Zoning & Land Use","mo":"individual","mv":"Roney","sec":"Smith","r":"passed","ta":"5-2","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":13},{"d":"2026-06-09","mt":"regular","id":"V-B","ref":"ORD 5225","it":"ordinance","t":"Ordinance adopting the FY 2026-27 Annual Operating Budget with 1% 401K match reinstated and tax rate of $0.3769 per $100 assessed valuation","desc":"Background: - The FY 2026-27 Proposed Annual Budget was presented to City Council on May 12, 2026, and totaled $275.6 million. - A recommended property tax rate of 37.84 cents per $100 of assessed valuation, which is 4.95 cents above the revenue neutral rate, to sustain essential city services amidst fiscal challenges. - Net elimination of 16.5 vacant positions. - Reduction of community center hours to Pre-COVID levels. - Continuing the pause of the Housing Trust Fund and the Other Post Employment Benefits Trust Fund contributions. - Increase the property tax collection rate to 99.5% for a $466,000 increase in revenue. - Decrease of $226,000 in APD personnel costs from the General Fund, which will instead be covered with sales tax revenue from the BID Fund. - Decrease of $153,656 in APD personnel costs to align budget with planned academy start date. - Decrease of $110,000 for further reductions to the community center security contract. - After accounting for these adjustments, the recommended property tax rate was reduced to 37.50 cents per $100 of assessed value, which is 4.61 cents above the revenue neutral rate and 6.69 below the adopted FY 2025-26 tax rate - The Budget Ordinance reflects these adjustments and changes the total annual budget from $275.6 million to $275.1 million. - Councilman Hess moved to adopt the Fiscal Year 2026-27 Annual Budget ordinance with the following adjustments to the form presented by the City Manager: (1) Reinstatement of the additional 1% 401K employer contribution; and (2) An adjustment of the Fiscal Year 2026-27 General Fund tax rate to $.0.3769 per $100 of assessed valuation. Committee(s): - City Council conducted a Public Hearing on the Proposed Budget on May 26, 2026. Fiscal Impact: - As noted above, the FY 2026-27 General Fund budget is balanced and recommends a property tax rate of $0.3750 per $100 of assessed valuation, representing an increase of $0.0461 cents above the revenue neutral tax rate.","c":"Housing","mo":"individual","mv":"Hess","sec":"Smith","r":"passed","ta":"4-3","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":14},{"d":"2026-06-09","mt":"regular","id":"V-B-EDC","ref":"ORD 5226","it":"ordinance","t":"Budget amendment of $100,000 in General Fund to fund the City's annual contribution to the Economic Development Coalition","desc":"Background: - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated. - In accordance with this law, funding that was included in the Proposed Budget for the Economic Development Coalition and the Sports Commission has been moved to City Manager's Contingency. - City Council must take separate actions via budget amendments to allocate funding to the Economic Development Coalition and the Sports Commission. Fiscal Impact: - a Fiscal Year 2026-27 budget amendment in the amount of $100,000 in the General Fund to allocate budget from City Manager's Contingency to fund the City's annual contribution to the Economic Development Coalition","c":"Economic Development","mo":"individual","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2026-06-09","mt":"regular","id":"V-B-Sports","ref":"ORD 5227","it":"ordinance","t":"Budget amendment of $45,000 in General Fund to fund the City's annual contribution to the Sports Commission","desc":"Background: - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated. - In accordance with this law, funding that was included in the Proposed Budget for the Economic Development Coalition and the Sports Commission has been moved to City Manager's Contingency. - City Council must take separate actions via budget amendments to allocate funding to the Economic Development Coalition and the Sports Commission. Fiscal Impact: - a Fiscal Year 2026-27 budget amendment in the amount of $45,000 in the General Fund to allocate budget from City Manager's Contingency to fund the City's annual contribution to the Sports Commission","c":"Budget & Finance","mo":"individual","mv":"Ullman","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":18},{"d":"2026-06-09","mt":"regular","id":"V-B-recuse-Manheimer","ref":"","it":"motion","t":"Motion to recuse Mayor Manheimer from voting on Economic Development Coalition budget amendment per N.C.G.S. § 14-234.3","desc":"Background: - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated. - Councilwoman Ullman moved to recuse Mayor Manheimer from voting on the budget amendment in accordance with N.C.G.S.§ 14-234.3 (Economic Development Coalition).","c":"Economic Development","mo":"procedural","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2026-06-09","mt":"regular","id":"V-B-recuse-Turner","ref":"","it":"motion","t":"Motion to recuse Councilwoman Turner from voting on Sports Commission budget amendment per N.C.G.S. § 14-234.3","desc":"Background: - Under N.C. Session Law 2021-191 (S.B. 473), Councilmembers are prohibited (subject to certain exceptions) from participating in making or administering a contract, including the award of money, with any nonprofit with which the public official is associated. - Councilwoman Ullman moved to recuse Councilwoman Turner from voting on the budget amendment in accordance with N.C.G.S.§ 14-234.3 (Sports Commission).","c":"Budget & Finance","mo":"procedural","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2026-06-09","mt":"regular","id":"V-C","ref":"RES 26-113","it":"resolution","t":"Resolution authorizing submission of the 2026-2027 Annual Action Plan for CDBG and HOME programs to HUD, amended to fund Homeward Bound ($96,970) and reduce Water Resources to $403,030","desc":"Background: - The City of Asheville is an entitlement community and participating jurisdiction with the U.S. Department of Housing and Urban Development and receives formula funding through the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). - CDBG funds support housing and community development activities within the City of Asheville. HOME funds support affordable housing activities within the four-county Consortium region including Buncombe, Madison, Transylvania and Henderson counties. - All funded activities must meet the goals and priorities as outlined in the City's Consolidated Plan 2025-2029. - City Council held a public hearing on May 26, 2026 to obtain citizen comments on the draft plans and the draft plans have been made available to the public. - Public Comment period opened May 4, 2026 and will remain open until June 5, 2026. - Mr. Shelton said that they received five comments during the open public comment period, and they were to fund Homeward Bound in some way. - an amendment to reduce the funding to the Water Resources Department Project to $403,030 and to fund Homeward Bound (Public Services) in the amount of $96,970 Committee(s): - On March 7, 2026 the Housing & Community Development Committee provided funding recommendations for CDBG funding. The recommendations were: Asheville Water Resource department, Asheville Area Habitat for Humanity, Pisgah Legal Services, and Helpmate. - On January 14, 2026 the Asheville Regional Housing Consortium Board (ARHC) met to provide HOME funding Recommendations. Fiscal Impact: - The awarded FY 2026-27 grant amounts will be included in the FY 2026-27 Budget Ordinance.","c":"Housing","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":19},{"d":"2026-06-09","mt":"regular","id":"V-D","ref":"RES 26-114","it":"resolution","t":"Resolution amending Resolution 26-96 to authorize additional award of up to $9.5 million in CDBG-DR multi-family housing funds to Mountain Housing Opportunities/South Creek Development (Terrace at River Hills, 126 units)","desc":"Background: - The Department of Housing and Urban Development (HUD) allocated $225,010,000 in funds to the City of Asheville on January 16, 2025. - The City's CDBG-DR Action Plan allocated $31,000,000 to Housing Programs, inclusive of $3,000,000 to the CDBG-DR Single Family Rehabilitation & Reconstruction Program and $28,000,000 to the CDBG-DR Affordable Multi-Family Housing Construction Program. - The application for the CDBG-DR Affordable Multi-Family Housing Construction funding opportunity closed on February 25, with the volume of submissions signaling significant demand for multifamily housing construction. - 13 applications were received, and 12 were deemed eligible, totaling 1,481 units proposed, $483,797,251 in total development cost, and $70,411,000 in City of Asheville CDBG-DR funds requested. - On May 12, 2026, City Council adopted a resolution authorizing the award of CDBG-DR multi-family housing funds to Commonwealth Development Corporation (District East Commons), and Laurel Street (319B Biltmore) totaling $8.39 million to construct 205 rental housing units; - Staff recommends also awarding $9.5 million to Mountain Housing Opportunities and South Creek Development for the top-ranked Terrace at River Hills project, to support 126 housing units. - 4% LIHTC, 126 units (7 at 20%, 7 at 30%, 65 at 50%, 21 at 60%, 26 at 80%); 35 years affordability; Total Development Cost (TDC): $42,538,741; and 1, 2, and 3 bedroom units - The site is vacant with zero external funding contingencies; it requires only the City's commitment to immediately unlock 4% tax credits and start construction this year - All funding commitments will be contingent on successful awards of Low-Income Housing Tax Credits via the North Carolina Housing Finance Agency, which are pending consideration. - The City's CDBG-DR funds must be expended within six years of the obligation date (i.e. January 16, 2031) Committee(s): - On May 5, 2026, the Housing & Community Development Committee voted 2-1 to recommend this award. Fiscal Impact: - This work is fully funded with CDBG-DR funds. There is no impact to the General Fund.","c":"Housing","mo":"individual","mv":"Roney","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://docs.google.com/document/d/1rthl4uOQSBVMWbSqqWmzADe9C8rSvt6E7GEltjIBmHQ/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":20},{"d":"2026-06-23","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the agenda briefing worksession held on June 4, 2026, and the formal meeting held on June 9, 2026","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-06-23","mt":"regular","id":"B","ref":"RES 26-116","it":"resolution","t":"Resolution authorizing the City Manager to enter into a three-year contract with ESRI, Inc. for GIS software, support, and licensing","desc":"Background: - On June 13, 2023, Council approved Resolution No. 23-128 for the GIS contract with ESRI, Inc. for three years. - Currently, the ESRI software is how spatial assets and data are collected, analyzed, and visualized throughout the City, including recent Helene damage and debris data collection and reporting. - This contract will allow the City of Asheville to continue enhancements to its GIS program, which utilizes ESRI software. - GIS dashboards and Map Asheville … Police Transparency Dashboards … Mapping and storytelling for the Emergency Operations Center Fiscal Impact: - in the amount of $66,600.00 per year for the next 3 years, the total amount of $199,800.00.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-06-23","mt":"regular","id":"C","ref":"ORD 5228","it":"ordinance","t":"Budget amendment from Buncombe County for annual Historic Resources program funding allocation","desc":"Background: - The Historic Resources Commission (HRC) is a joint City/County board founded in 1979. - Per 160D-942, the HRC is charged with multiple responsibilities, including but not limited to, maintaining an inventory of historic properties, review of certificate of appropriateness applications, recommendations on historic designations, adoption of a preservation plan, and educating the public. - The ordinances creating the HRC anticipate funding from both the City and County to support these activities and staff resources necessary to support the HRC. Fiscal Impact: - in the amount of $7,174 for funding from Buncombe County for the annual Historic Resources program funding allocation.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-06-23","mt":"regular","id":"D","ref":"RES 26-117","it":"resolution","t":"Resolution authorizing the City Manager to sign an amendment to the Regional Air Quality Program Interlocal Agreement with Buncombe County to amend termination provisions","desc":"Background: - Since 2000, the City has had an interlocal agreement in place with Buncombe County establishing a Regional Air Quality Program pursuant to North Carolina General Statutes Section 143-215.112. - The agreement establishes the Asheville Buncombe Air Quality Agency, made up of members appointed by the City and the County, responsible for developing policies and plans to improve air quality programs and exercising the functions and responsibilities enumerated in NCGS 143-215.112(c)(1). - The County is seeking to terminate the Agreement to allow it to merge the responsibilities of the Air Quality Agency into its Permits & Inspections Department, with Air Quality being a division thereof. - The County has provided assurances that it will provide the same services, just under a different governance structure. - Mark Matheny, Development Services Department Director, has conferred with the County and the Air Quality Agency and has confirmed that Air Quality will operate as usual as a division of County Permits and Inspections. - The County anticipates that the processes needed for approval of its new governance structure (including various state approvals) will take longer than July 1. Under the current termination provision, this timing would cause a gap with no program in place. - The proposed amendment to the Agreement would resolve this to allow for a shorter termination notice period that is not locked on a specific date: termination by either party given 30 days’ written notice.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-06-23","mt":"regular","id":"E","ref":"RES 26-118 / RES 26-119 / RES 26-120 / RES 26-121 / RES 26-122","it":"resolution","t":"Resolutions to permit the possession and consumption of malt beverages and/or unfortified wine at the Independence Day Block Party, Boomtown Arts & Heritage FestAVL, Blue Ridge Pride Festival, Surreal Sirkus Arts Festival, and Asheville Veganfest","desc":"Background: - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on public streets and property owned, occupied, or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival. - Asheville Downtown Association has requested that City Council permit them to serve beer and/or unfortified wine at the Independence Day Block Party on July 4, 2026, on Coxe Avenue, Banks Avenue, and Buxton Avenue, and allow for consumption at the event. - Asheville Symphony has requested that City Council permit them to serve beer and/or unfortified wine at the Boomtown Arts & Heritage FestAVL on September 4, 5, and 6, 2026, at Pack Square Park, and allow for consumption at the event. - Blue Ridge Pride Center has requested that City Council permit them to serve beer and/or unfortified wine at the Blue Ridge Pride Festival on September 26, 2026, at Pack Square Park, and allow for consumption at the event. - Arts 2 People has requested that City Council permit them to serve beer and/or unfortified wine at the Surreal Sirkus Arts Festival on October 24, 2026, at Pack Square Park, and allow for consumption at the event. - Triangle Vegfest has requested that City Council permit them to serve beer and/or unfortified wine at Asheville Veganfest on October 25, 2026, at Pack Square Park, and allow for consumption at the event. - Alcohol boundaries are defined as per the accompanying event site maps. Fiscal Impact: - Approval would allow fundraising opportunities for the sponsoring nonprofit organizations. No negative fiscal impacts have been identified.","c":"Community Programs","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-06-23","mt":"regular","id":"F","ref":"ORD 5229","it":"ordinance","t":"Budget amendment in the City's Internal Services Funds to allocate insurance recovery revenue received in Fiscal Year 2025-26 to fund health insurance and workers' compensation claims expenses","desc":"Background: - The City maintains self-insured programs for property and liability and workers’ compensation obligations, and for employee health, dental, life, and disability benefits. - These self-insured programs are accounted for in Internal Service Funds, and a financial plan is included in the City’s annual Budget Ordinance for each fund. - For each of the three programs, the City purchases excess insurance coverage for claims that exceed certain stop-loss thresholds. - When an individual claim exceeds these thresholds, the City receives insurance recovery revenue from insurance carriers. - City staff budgets insurance recovery revenue in each of these funds as part of the annual Budget Ordinance based on trends, but actual revenue can vary substantially year-over-year based on claims. - For fiscal year 2025-26, the City has had a number of claims that exceeded the stop-loss thresholds and has received more insurance recovery revenue than budgeted. - This amendment will budget that insurance recovery revenue in the Workers’ Compensation and Health Funds to help offset claims expenses. Fiscal Impact: - budget amendment in the amount of $1,356,000 in the City’s Internal Services Funds to allocate insurance recovery revenue received in fiscal year 2025-26 to fund health insurance and workers’ compensation claims expenses.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-06-23","mt":"regular","id":"G","ref":"ORD 5230","it":"ordinance","t":"Budget amendment to the Fiscal Year 2025-26 Water Resources Fund budget, in the amount of $16 million, to account for the refunding of debt","desc":"Background: - In June 2015, the City issued the 2015 Water Revenue Bonds in the amount of $50.625 million. - On May 12, 2026, City Council approved the issuance of 2026 Water Revenue Bonds in an amount not to exceed $51 million, which included approximately $16 million to refinance the remaining outstanding amount from the 2015 Water Revenue Bonds. - On June 3, 2026, the City closed on the 2026 Water Revenue Bonds. - The funds generated from the refunding portion of the transaction were used to pay off the existing 2015 Bonds, which created an expense in the Water Resources Fund that requires budget authorization. - The Fiscal Year (FY) 2025-26 budget did not include budget authorization to account for the issuance of the refunding bonds. - This amendment incorporates these appropriations into the budget in order to ensure that the Water Resources Fund does not exceed the approved annual budget. Fiscal Impact: - budget amendment in the amount of $16 million in the Water Resources Fund to account for the refunding of debt.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-06-23","mt":"regular","id":"H","ref":"RES 26-123","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Carolina 1926 LLC d/b/a Carolina Cat for rental equipment utilized by various departments","desc":"Background: - A request for proposals was advertised in April 2024 for Rental Equipment Services. - A contract (92500001) was executed in July 2024 with Carolina 1926 LLC DBA Carolina Cat. - This contract is utilized by multiple departments to rent equipment needed for various tasks and projects. - The original $85,000 not-to-exceed limit was increased to $170,000 in 2025. This limit has nearly been reached, partially due to additional needs after Tropical Storm Helene, and therefore needs to be increased to $255,000 for the final year of this contract. - The City’s Procurement, Purchasing and Contracting Policy requires Council approval for General Service Contracts valued at $90,000 or greater. Fiscal Impact: - increase the not to exceed amount from $170,000 to $255,000 for rental equipment to be utilized by multiple departments.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-06-23","mt":"regular","id":"I","ref":"RES 26-124","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Herc Rentals Inc. for rental equipment utilized by various departments","desc":"Background: - A request for proposals was advertised in April 2024 for Rental Equipment Services. - A contract (92500003) was executed in July 2024 with Herc Rentals Inc - This contract is utilized by multiple departments to rent equipment needed for various tasks and projects. - The original $85,000 not-to-exceed limit has nearly been reached, partially due to additional needs after Tropical Storm Helene, and therefore needs to be increased to $170,000 for the final year of this contract. - The City’s Procurement, Purchasing and Contracting Policy requires Council approval for General Service Contracts valued at $90,000 or greater. Fiscal Impact: - increase the not to exceed amount from $85,000 to $170,000 for rental equipment to be utilized by various departments.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-06-23","mt":"regular","id":"IV-A","ref":"ORD 5237","it":"public_hearing","t":"Ordinance to rezone 99999 Deaverview Road from RM-8 Residential Multi-Family Medium Density to RM-16 Residential Multi-Family High Density","desc":"Background: - This public hearing was advertised on June 12 and 19, 2026. - 99999 Deaverview Rd (PIN 9628-16-9246) - Owner: Deaverview Apartments LLC - Applicant: Jayden Gurney - The applicant requests a rezoning of one property to the Residential Multi-Family High Density (RM-16) district. - The subject property is currently vacant. - The property is currently zoned Residential Multi-Family Medium Density (RM-8). - The subject property is designated “Residential Neighborhood” on the city’s Future Land Use (FLU) Map. A change to the FLU Map is not required. Staff Recommendation: - Staff recommends approval of this rezoning request based on the reasons stated below. - The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan, including: … Increase and Diversify the Housing Supply … by promoting zoning policies to encourage more housing. - Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking … by continuing to support contextually appropriate infill development and a variety of housing types. - The proposed rezoning is compatible with the Future Land Use designation of “Residential Neighborhood\", which is proposed, in part, that “the types of housing in residential neighborhoods generally offer little variation of building types throughout the neighborhood, such as townhomes, duplexes or an apartment complex,” and that, “over time, residential neighborhoods can benefit from having more housing diversity”. - Residential Multi-Family High Density (RM-16) is cited as an appropriate zoning district within the “Residential Neighborhood” Future Land Use category. - The proposed rezoning is compatible with the surrounding land uses, including: … Existing group of four duplexes directly to the north of the subject property. … The larger surrounding residential neighborhood. Committee(s): - Planning & Zoning Commission … June 3, 2026 … Approved (Vote 7:0) Pro(s): - Allows for slightly higher densities of multi-family residential development on smaller minimum lot sizes. Con(s): - None identified.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":24},{"d":"2026-06-23","mt":"regular","id":"IV-B","ref":"","it":"motion","t":"Motion to continue the public hearing to rezone 3 S. Tunnel Road from Urban Place to Regional Business until July 28, 2026","desc":"Background: - Public hearing to rezone 3 S. Tunnel Road from Urban Place to Regional Business. - At the applicant’s request, Councilwoman Turner moved to continue this public hearing until July 28, 2026.","c":"Zoning & Land Use","mo":"procedural","mv":"Turner","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":25},{"d":"2026-06-23","mt":"regular","id":"IV-C","ref":"ORD 5238","it":"public_hearing","t":"Ordinance enacting a one-year development moratorium on new data center development","desc":"Background: - Assistant Planning & Urban Design Director Chris Collins said that this is a public hearing and consideration of an ordinance for a moratorium on new data center development. This public hearing was advertised on June 12 and 19, 2026. - Data Centers have been shown to produce intensive impacts on local electric and water utilities. - Data Centers may pose significant impacts, such as noise and heat generation, on neighboring properties. - The City’s Unified Development Ordinance (UDO) currently lacks a definition or allowance for this land use. - Without a clear definition for “Data Centers” in the City’s, staff must rely on judgment (instead of established policy) to determine whether the proposed use is similar to an existing use category. Permitting decisions are more consistent and easier to defend when the land uses proposed are clearly defined in the City’s ordinances. - Zoning classifications are intended to match uses with compatible locations. The City requires sufficient time to study the impacts of this land use and produce appropriate zoning regulations to protect the community against its impacts. - City staff have found insufficient time exists to properly study, draft, review and adopt regulations governing data center development. Accordingly, a temporary moratorium is necessary to ensure that proper regulations are in place prior to permitting any new data center land uses. - This moratorium would apply to any new development, use, or change of use that would reasonably fall under NAICS Code 518210 (Data Processing, Hosting, and Related Services), or any facility functionally equivalent to such uses. - This moratorium would not apply to data processing equipment or server rooms that are clearly incidental and subordinate to a permitted principal use so long as such data processing activities are not offered as a primary service to off-site users. - The purpose of our moratorium is to allow for development of regulations for this particular land use in order to mitigate unforeseen and disproportionate negative impacts of data centers. - Any data center with a pre-existing vested right will be unaffected. - the list in the NAICS code 518210 includes virtual currency mining a/k/a cryptocurrency in its list of 32 uses - her research on this shows the need subject matter experts in baseline measurements for noise, not just dbA but also dBC (measurement of vibrations) and dBG or infrasound–sound waves below 20 hZ that may not be audible to humans but can have health impacts like nausea and headaches for those who live and work in close proximity. - Mayor Manheimer opened the public hearing at 5:53 p.m. - Five individuals spoke in support of the moratorium on new data centers. - One individual felt that the moratorium is a long time to close the door negotiations for real money and community benefits to help our community. - Councilwoman Turner said she was interested in learning more about micro-nodes and whether we will allow them. - Mayor Manheimer spoke in support of the moratorium, noting that the cost of building a new plant is extremely expensive and borne by the taxpayers. She felt the time will allow us to put in measures to address our concerns and time for the state legislature to consider some changes to make the environment in North Carolina better. - Mayor Manheimer closed the public hearing at 6:10 p.m.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":26},{"d":"2026-06-23","mt":"regular","id":"J","ref":"RES 26-125 / ORD 5231","it":"resolution","t":"Resolution authorizing a contract with B. Allen Construction, Inc. for site work to allow construction of a temporary skating rink, and budget amendment transferring CDBG funds to the General Capital Projects Fund","desc":"Background: - Tropical Storm Helene caused significant damage to the amenities and facilities at Carrier Park which included the skating rink. The community has been without a public rink for public skating, hockey, and other programs since this storm event in September of 2024. - The Infrastructure Recovery Support Group for Parks and Recreation programming was tasked with finding an interim solution to provide a location for a temporary public skating rink while the long term recovery work of the damaged site at Carrier Park evolves in the French Broad River Corridor project. - After assessing City of Asheville and private property locations, a City-owned surface parking lot located at 50 Asheland Ave operated by the Transportation department was identified as a property that meets the necessary requirements to support a public skating rink. The Transportation department is supportive of the temporary project location. - Site improvements including demolition, grading and paving will be needed to support the installation of the temporary rink. - On April 23, 2026, staff posted an Advertisement for Bids (298-FY26-PR-BID-TempSkRk3) for the basic site preparation to enable the installation of a temporary and portable skating rink. Fiscal Impact: - in the amount of $682,157 for site work necessary to allow the construction of a temporary skating rink; and to authorize the City Manager to execute any change orders that may arise during the project up to the 15% contingency amount of $102,325, for a total not to exceed amount of $784,482 - budget amendment in the amount of $526,569, to transfer CDBG funds from the CDBG Fund to the General Capital Projects Fund.","c":"Parks & Recreation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-06-23","mt":"regular","id":"K","ref":"RES 26-126","it":"resolution","t":"Resolution authorizing an amendment to the Construction Manager at Risk contract with Frank L. Blum Construction Company for the Guaranteed Maximum Price for construction of the Municipal Building Capital Repairs and Restoration project","desc":"Background: - The Municipal Building, located at 100 Court Plaza, is headquarters to the Asheville Police Department (APD) and home to Asheville Fire Department (AFD) Fire Station No. 1. - The fire station’s 3-bay apparatus bay is located on a suspended concrete slab, above the building’s fitness center and Police Forensics facilities. Structural assessments determined that the concrete slab is compromised and needs to be fully removed and replaced. - The slab replacement will also require partial demolition and reconstruction of the spaces below the slab. The APD Forensics Office and Lab will be relocated to a new area within the building prior to the start of construction; this relocation will modernize and expand the spaces occupied by this critical law enforcement function. The fitness center will be temporarily relocated during construction and built back at the end of the project. - During construction the building will remain occupied. APD will maintain their headquarters operations in the building. Fire Station 1 will continue to operate out of the building, but will move to the 1-vehicle apparatus bay at the rear of the building outside the construction zone. - AFD’s Administration offices have been moved out of the Municipal building, in preparation for the project. - The project was initially bid under a standard design-bid-build method. Bids were due March 27, 2025. No bids were received. - The project was re-bid, and bids were opened May 15, 2025. - One bid was received: … bid amount $8,580,000 - The bid was significantly over budget, and negotiations with the Contractor yielded some cost reductions, but not enough to award. - Staff pivoted to a strategy of using the Construction Manager at Risk (CMAR) project delivery method. - Qualifications were received July 24, 2025, and two firms submitted: - Staff evaluated and scored the two qualification packages, and selected Frank L. Blum Construction as the most qualified to perform CMAR services for the Municipal Building Capital Repairs & Restoration project. A contract for preconstruction services was executed in the amount of $28,190. - Preconstruction services have been completed, and a Guaranteed Maximum Price (GMP) for the cost of construction has been established. - The pivot to this strategy yielded nearly $1.9M in construction cost savings. - The scope included in the GMP includes: … the replacement of the apparatus bay slab … the renovation of existing space into a new Forensics office and lab - reconstruction of the existing fitness center … a bid alternate for the replacement of the failing 30-year old boiler, with high-efficiency condensing boilers … the repair of the concrete drive in front of Fire Station 1 and the concrete steps from Spruce Street to the front entrance - During the recent Municipal Building Roof Replacement project, the roof was made “solar-ready”. A plan to add a solar photovoltaic array has been created for the building, and could be added as an amendment to this contract in the future using local or federal grant funding. - Staff will delay this amendment until we receive more information regarding the Hazard Mitigation Grant Program (HMGP) application for secondary power systems (integrated generator, battery, and solar). - Decisions around the HMGP funding and the resulting schedule for a solar array installation are anticipated by mid-2027. Fiscal Impact: - in an amount not to exceed $6,928,674 for the Guaranteed Maximum Price of construction","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-06-23","mt":"regular","id":"L","ref":"RES 26-127","it":"resolution","t":"Resolution authorizing a contract amendment with Terracon Consultants, Inc. for additional professional services on the Municipal Building Capital Repairs & Restoration project","desc":"Background: - The Municipal Building Capital Repairs & Restoration is a project primarily driven by the need for structural repairs, including the demolition and replacement of a suspended concrete slab. It will include minor modernization and update to services provided by the facility for public safety operations, including relocation and improvement of the forensics lab. - After a competitive Request for Qualifications process, the City entered into a contract with Terracon Consultants in February 2022 for structural assessment, engineering, design and construction administration. - Due to the complexities of the project, construction has been through several procurements and the schedule has extended beyond the original anticipated work schedule. - This contract amendment is for additional design and design review, coordination with Construction Manager at Risk and construction administration fees provided by Terracon and their subconsultants. Fiscal Impact: - in the amount of $66,725 for additional professional services for the Municipal Building Capital Repairs and Restoration project for a total contract amount not to exceed $873,675.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2026-06-23","mt":"regular","id":"M","ref":"RES 26-128","it":"resolution","t":"Resolution authorizing a professional services contract with Perkins + Will North Carolina Inc. for the Eagle and South Market Street Enhancement design services","desc":"Background: - The Eagle & Market Street Enhancements project lies within the larger project, Boosting the Block, and it will advance the larger vision of Boosting the Block. - The project focuses on the heart of the historic Black business district in Asheville. - This project will include the placemaking for the design of a physical gateway feature, streetscape and enhanced public spaces along S. Market Street and Eagle Street, intending to provide activation to the space, make it accessible, and be designed such that it can be a well-programmed cultural corridor. - Additionally, the physical and cultural investments of this project are intended to enhance connectivity between Pack Square Plaza and The Block, implementing key elements of the Pack Square Plaza Vision Plan. - Physical improvements include: street trees, brick sidewalks, stormwater improvements, accessible ramps, paving and curbing. - Cultural aspects include: storytelling, neighborhood identity work and public gathering improvements. All which support a community centered vision. - The design phase is expected to take approximately 12 months, depending on engagement and subsurface findings. Staff expects to submit a construction contract for City Council approval by the latter part of 2027 calendar year. Fiscal Impact: - in the amount of $263,500.00, for the Eagle and South Market Street Enhancement project; further authorizing the City Manager to execute any change order that may arise during the project up to the contingency amount of $26,300.00 (10%), with the above totalling $289,800.00","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2026-06-23","mt":"regular","id":"N","ref":"RES 26-129","it":"resolution","t":"Resolution authorizing a contract with Batson-Cook Construction and Sizemore Group for the 179 S Charlotte Street upfit","desc":"Background: - 179 S Charlotte St. is a city owned property that is currently unoccupied after ABC Store vacated the facility of their own accord. - Due to the upcoming construction at the Municipal Building at 100 Court Plaza the Asheville Police Department (APD) will lose access to their fitness facility. - APD will use the unoccupied building at 179 S Charlotte St. as a temporary fitness facility until construction is complete at 100 Court Plaza. - The facility shall include open fitness areas, locker rooms, shower facilities, and shall provide a safe, durable, and code compliant environment suitable for occupancy. - Request for Qualifications was issued on April 20, 2026 soliciting qualifications from design-build teams, which required a minimum of three responses, as per general statutes. - Since only one team provided a response, the project had to be bid again. A second request for Qualifications (RFQ) was issued on May 14, 2026 soliciting qualifications from design-build teams. - With the second issuance of a request for qualifications, general statutes allow for the project to be awarded with fewer than three proposals. - Qualification packages were received on May 21, 2026 from the following team: - An evaluation committee composed of staff from the Capital Management Department reviewed the qualification package. - Baton-Cook Construction was determined to be the most qualified company to complete this work. Fiscal Impact: - in the amount of $300,000; further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of $30,000 (10%).","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2026-06-23","mt":"regular","id":"O","ref":"RES 26-130","it":"resolution","t":"Resolution authorizing the City Manager to approve Cooperative Contracts for Axon Fleet purchases for new vehicle upfits through the Charlotte Cooperative Purchasing Alliance, OMNIA, or Sourcewell","desc":"Background: - The City's Fleet Division annually replaces aging Asheville Police Department vehicles through the City's vehicle replacement program. - The number of replacement vehicles purchased each year is determined through the City's fleet procurement process. - New police vehicles must be equipped with standard law enforcement equipment, including Axon Fleet in-car camera systems. These systems include cameras, mounting hardware, installation, warranties, software licensing, and cloud storage. - APD estimates that approximately 20–30 replacement vehicles will be purchased annually. Based on current pricing, the estimated annual cost for Axon Fleet systems is $70,000–$105,000. - Fleet funding covers the cost of camera hardware, installation, and warranties. APD funding covers ongoing software licensing and cloud storage costs. - Axon Fleet systems are procured through competitively awarded cooperative purchasing contracts, including the Charlotte Cooperative Purchasing Alliance (CCPA), OMNIA Partners, and Sourcewell. - Under the City's purchasing policy, contracts valued at $90,000 or more require Council approval. - This request is separate from the technology initiatives previously presented to Council. Because Fleet purchases the mounting hardware and cameras for the original upfit of new vehicles, the purchase of this equipment was not included in the product bundle described in a previous presentation related to Axon equipment. - It does not authorize new technology or expand existing technology capabilities. It provides a contracting mechanism to equip replacement police vehicles with the same in-car camera systems currently in use. Fiscal Impact: - with a total not to exceed $900,000 over the course of a 7-year cooperative contract.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2026-06-23","mt":"regular","id":"P","ref":"RES 26-131","it":"resolution","t":"Resolution authorizing the City Manager to enter into a mutual aid agreement for fire protection services with Buncombe County","desc":"Background: - Pursuant to this Agreement, the Asheville Fire Department (AFD) will supplement emergency services—including fire protection, rescue, and emergency medical services—as part of the Buncombe County Emergency Services System within the designated Insurance District. - AFD will provide the necessary equipment and personnel to offer emergency services protection in accordance with minimum requirements from OEMS and the State Fire Marshal. - AFD will comply with specific Fire Department Service Standards, including: … Providing 4 firefighters on the scene of a structure fire (including automatic aid) within 8 minutes from enroute to arrival, 80% of the time. - For Suburban Response Districts, providing 22 firefighters on the scene within 10 minutes, 80% of the time. - For Rural Response Districts, providing 22 firefighters on the scene within 25 minutes, 80% of the time. - This Agreement will be valid for a term of one (1) year, beginning July 1, 2026 through June 30, 2027, and may be extended for additional one (1) year terms based on written consent of both County and AFD. - Either party may cancel this Agreement for convenience by giving the other party ninety (90) days advance written notice. In such case, AFD shall be paid for services rendered up to the date of termination. Fiscal Impact: - Buncombe County will pay $576,609 annually for the services rendered.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2026-06-23","mt":"regular","id":"Q","ref":"RES 26-132","it":"resolution","t":"Resolution authorizing application to the North Carolina Department of Environmental Quality Blueprint Project for grant funding of up to $1 million for the Burton Street Neighborhood Stormwater Improvements Project","desc":"Background: - The Burton Street Neighborhood experiences recurring localized flooding on public streets, private property, and public infrastructure due to limited and aging stormwater infrastructure. - The neighborhood has experienced historic impacts related to the construction and planned expansion of interstate infrastructure, including I-240 and the proposed I-26 Connector project. - The Burton Street neighborhood has been identified as a climate-vulnerable community and has participated in several planning and mitigation initiatives focused on improving neighborhood resilience and infrastructure. - The proposed project for grant funding would provide detailed engineering design and construction of stormwater improvements along the north end of Buffalo Street, as well as evaluate and potentially address additional localized drainage concerns throughout the neighborhood. Proposed improvements include stormwater inlets, piping, a stormwater control measure, roadway grading improvements, and related infrastructure upgrades intended to reduce nuisance flooding, provide water quality, improve roadway drainage, and increase long-term flood resilience. - City staff have conducted site visits, drainage investigations, and community engagement efforts with the Burton Street Community Association to identify priority stormwater concerns and potential mitigation strategies. - The north end of Buffalo Street was identified as a priority location due to recurring roadway flooding and impacts to adjacent properties. - If awarded, grant funding would support engineering, design, construction, and associated project management costs. The project would improve stormwater conveyance, reduce localized flooding impacts to residents and infrastructure, improve water quality entering Smith Mill Creek and the French Broad River watershed, and support safer roadway and pedestrian conditions within the neighborhood. - The North Carolina Flood Resilience Blueprint is a statewide initiative helping communities and the state identify and implement actions that will reduce the cost and disruption from future floods. - If project funding is awarded, funded work must be complete within 2 years of contract signing. Fiscal Impact: - in the amount of up to $1,000,000 for the Burton Street Neighborhood Stormwater Improvements Project; to accept said grant if awarded, and execute all necessary grant agreements and documents upon award.","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2026-06-23","mt":"regular","id":"R","ref":"RES 26-133 / ORD 5232","it":"resolution","t":"Resolution authorizing a contract with ECS Southeast LLC for Tropical Storm Helene design and engineering services for City-wide Landslide recovery Project A, and associated budget amendment adding federal and state funds","desc":"Background: - The City of Asheville has a need to hire qualified engineering professionals to help the City repair landslides that impacted City infrastructure occurred during Tropical Storm Helene. - There are four (4) site locations in the Helene Recovery Project … where City infrastructure was damaged by Tropical Storm Helene, including a large landslide, the subsequent roadway failure, stormwater pipe, and guardrail damage. - On February 27, 2026, staff posted a Request for Qualifications … for professional services to design repairs of landslides and the damaged infrastructure. - The deadline for statements of qualifications by interested firms was March 24, 2026. Seven (7) statements of qualifications were received and evaluated by a five-member selection committee from the Public Works and Capital and Asset Management Departments. - The scope of design and engineering services encompasses: … Permanent restoration design services of the landslide area and the damaged infrastructure including FEMA PA restoration and cost-effective hazard mitigation projects to protect the slope and infrastructure from future damage. … Geotechnical borings, investigations, and slope stability analysis with formal inspection and stability reports. - Structural and geotechnical design needed for preparation of construction drawings and specifications, cost estimates, and bid documents. … Stormwater designs and calculations to provide adequate drainage as needed for additional stability of the site. … Applications for any necessary Federal, State, or Local permits. - Preparation of beneficial cost analysis and FEMA cost reasonableness for all designs to ensure the more cost-effective option. … Costs tracking associated with the multiple Federal and State programs for reimbursement and/or funding. … Construction administration during construction of repairs. Fiscal Impact: - in the amount of $337,235 for design and engineering services … up to the contingency amount of $67,021 - approval of a budget amendment of $404,256 to add federal and state funds to the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2026-06-23","mt":"regular","id":"S","ref":"RES 26-134 / ORD 5233","it":"resolution","t":"Resolution authorizing a contract with Kimley-Horn & Associates, Inc. for Tropical Storm Helene design and engineering services for City-wide Landslide recovery Project B, and associated budget amendment adding federal and state funds","desc":"Background: - The City of Asheville has a need to hire qualified engineering professionals to help the City repair landslides that impacted City infrastructure occurred during Tropical Storm Helene. - There are nineteen (19) site locations in the Helene Recovery Project … where City infrastructure was damaged by Tropical Storm Helene, including small and large landslides, the subsequent roadway failures, stormwater pipe, and guardrail damage. - On February 27, 2026, staff posted a Request for Qualifications … for professional services to design repairs of landslides and the damaged infrastructure. - The deadline for statements of qualifications by interested firms was March 24, 2026. Seven (7) statements of qualifications were received and evaluated by a five-member selection committee from the Public Works and Capital and Asset Management departments. - The scope of design and engineering services encompasses: … Permanent restoration design services of the landslide area and the damaged infrastructure including FEMA PA restoration and cost-effective hazard mitigation projects to protect the slope and infrastructure from future damage. … Geotechnical borings, investigations, and slope stability analysis with formal inspection and stability reports. - Structural and geotechnical design needed for preparation of construction drawings and specifications, cost estimates, and bid documents. … Stormwater designs and calculations to provide adequate drainage as needed for additional stability of the site. … Applications for any necessary Federal, State, or Local permits - Preparation of beneficial cost analysis and FEMA cost reasonableness for all designs to ensure the more cost-effective option. … Costs tracking associated with the multiple Federal and State programs for reimbursement and/or funding. … Construction administration during construction of repairs. Fiscal Impact: - in the amount of $3,878,572 for design and engineering services … up to the contingency amount of $581,786 (15%) - approval of a budget amendment of $4,460,358 to add federal and state funds to the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2026-06-23","mt":"regular","id":"T","ref":"RES 26-135 / ORD 5234","it":"resolution","t":"Resolution authorizing a contract with Catawba Valley Engineering and Testing, PC for Tropical Storm Helene design and engineering services for City-wide Landslide recovery Project C, and associated budget amendment adding federal and state funds","desc":"Background: - The City of Asheville has a need to hire qualified engineering professionals to help the City repair landslides that impacted City infrastructure during Tropical Storm Helene. - There are sixty-six (66) site locations in the Helene Recovery Project … where City infrastructure was damaged by Tropical Storm Helene, including small and large landslides, the subsequent roadway failures, stormwater pipe, and guardrail damage. - On February 27, 2026, staff posted a Request for Qualifications … for professional services to design repairs of landslides and the damaged infrastructure. - The deadline for statement of qualifications by interested firms was due March 24, 2026. Seven (7) statements of qualifications were received and evaluated by a five-member selection committee from the Public Works and Capital and Asset Management departments. - The scope of design and engineering services encompasses: … Permanent restoration design services of the landslide areas and the damaged infrastructure including FEMA PA restoration and cost-effective hazard mitigation projects to protect the infrastructure from future damage. … Geotechnical borings, investigations, and slope stability analysis with formal inspection and stability reports. - Structural and geotechnical design needed for preparation of construction drawings and specifications, cost estimates, and bid documents. … Stormwater designs and calculations to provide adequate drainage as needed for additional stability of the site. … Applications for any necessary Federal, State, or Local permits. - Preparation of Beneficial cost analysis and FEMA cost reasonableness for all designs to ensure the more cost-effective option. … Costs tracking associated with the multiple Federal and State programs for reimbursement and/or funding. … Construction administration during construction of repairs. Fiscal Impact: - in the amount of $5,333,700 for design and engineering services … up to the contingency amount of $800,055(15%) - approval of a budget amendment of $6,133,755 to add federal and state funds to the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2026-06-23","mt":"regular","id":"U","ref":"RES 26-136 / ORD 5235","it":"resolution","t":"Resolution authorizing a contract with Rummel, Klepper & Kahl, LLP for Tropical Storm Helene design and engineering services for City-wide roadway and sidewalk repairs, and associated budget amendment adding federal and state funds","desc":"Background: - The City of Asheville has a need to hire qualified engineering professionals to help the City repair City infrastructure damaged during Tropical Storm Helene. - There are thirty-six (36) locations in the Helene Recovery Project … where City infrastructure was damaged by Tropical Storm Helene, including asphalt, sidewalks, greenways, street trees, stormwater pipes, signage, and traffic signals. - On April 9, 2026, staff posted a Request for Qualifications … for professional services to design repairs for damaged City roadways and sidewalks. - The deadline for statements of qualifications by interested firms was April 30, 2026. Ten (10) statements of qualifications were received and evaluated by a five-member selection committee from the Public Works and Transportation Departments. - The scope of design and engineering services encompasses: … Permanent restoration design services of the damaged infrastructure including FEMA PA restoration and cost-effective hazard mitigation projects to protect the infrastructure from future damage. … Perform geotechnical borings and investigations and slope stability analysis and create formal stability reports. - Engineering designs needed for preparation of construction drawings and specifications, cost estimates, and bid documents. … Stormwater design and calculations to provide adequate drainage as needed for the individual sites. … Preparation of beneficial cost analysis and FEMA cost reasonableness for all designs to ensure the more cost-effective option. - Applications for any necessary Federal, State, or Local permits. … Costs tracking associated with the multiple Federal and State programs for reimbursement and/or funding. … Construction administration during construction of repairs. Fiscal Impact: - in the amount of $2,697,136 for design and engineering services … up to the contingency amount of $404,570 (15%) - approval of a budget amendment of $3,101,706 to add federal and state funds to the General Capital Projects Fund.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2026-06-23","mt":"regular","id":"V","ref":"RES 26-137","it":"resolution","t":"Resolution authorizing a contract with HDR Engineering Inc. of the Carolinas for the Fiscal Year 2026 Design Curb Ramps for Resurfacing Project","desc":"Background: - The City of Asheville is required by Federal law to improve ADA ramps that are adjacent to paving projects to current standards set by Public Rights-of-Way Accessibility (PROWAG) and Americans with Disabilities Act Accessibility Guidelines (ADAAG). - Public Works has determined that 20 ADA ramps that are part of the FY26 Asphalt Resurfacing Contract will require design by a consultant to meet current PROWAG and ADAAG standards. - On March 6, 2026, staff posted a Request for Qualifications … for professional services to design ramps that meet current standards. - The deadline for statement of qualifications by interested firms was March 31, 2026. Ten (10) statements of qualifications were received and evaluated by a five-member selection committee from the Public Works and Transportation Departments. - The scope of design and engineering services encompasses: … Prepare final, sealed construction drawings and specifications for the permanent design of curb ramps and crosswalks at both signalized and non-signalized intersections. … Design new or modify existing signals for intersections. - Design new or modify existing roadway striping. … Assess intersections to identify and address any necessary pedestrian safety improvements. Fiscal Impact: - in the amount of $107,460 for design and engineering services for FY26 Resurfacing Curb Ramps; and further authorizing the City Manager to execute any change orders that may arise during the project up to a 15% contingency amount of $16,119.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2026-06-23","mt":"regular","id":"V-A","ref":"RES 26-140","it":"resolution","t":"Resolution authorizing a Substantial Amendment to the CDBG-DR Action Plan to reallocate $19,200,000 to the Single-Family Home Repair Program","desc":"Background: - this public hearing was held on June 9 2026, and no further public comment would be accepted. - The City of Asheville was allocated $225,010,000 in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds from the U.S. Department of Housing and Urban Development (HUD) on January 16, 2025. - The City is currently implementing the CDBG-DR Single-Family Home Repair Program in partnership with the State of North Carolina Department of Commerce. The current $3 million allocation is insufficient to meet current needs. - The initial $3 million allocation is expected to support only 8-10 households, with 7 projects already authorized. - The current state provided estimate to serve all City of Asheville residents is between $30 and $40 million. - The amendment proposes to reallocate $9,200,000 million from the CDBG-DR Multi-Family New Construction Program and $10,000,000 million from the Infrastructure program to the Single-Family Home Repair Program, resulting in a $22,200,000 total allocation for Single-Family Home Repair administered by the State of North Carolina’s Renew NC program, $18,800,000 remaining in Multifamily New Construction, and $115,000,000 remaining in Infrastructure. It includes an updated evaluation of unmet recovery and mitigation needs to justify the substantial reallocation of funds and it updates the table of funding allocations to reflect the movement of funds proposed by the Substantial Amendment. - The City’s Citizen Participation Plan requires a public hearing and a 30-day public comment period for any Substantial Amendment. The 30-day period was open from May 15 through June 14, 2026. - 75 total comments were received across all comment opportunities. Staff reviewed all public comments and major themes are outlined below. - Cost Efficiency vs. Scale: Concerns with the high cost per household for the Renew NC single-family program compared to non-profit alternatives. Costs are also seen as inefficient compared to funding multi-family units. - Renter Vulnerability: Commenters stated that shifting funds away from multi-family housing ignores the ongoing rental crisis and leaves displaced, low-income renters with few recovery options. - Support for Local Alternatives: Multiple residents and organizations suggested using local nonprofits instead of the State program to complete home repairs at a lower cost. - Infrastructure Protection: Consistent opposition to diverting $10 million away from the infrastructure allocation, with commenters stating that community-wide assets like roads and water systems must remain fully funded. Committee(s): - Housing Recovery Board … The formal motion was to not support staff’s recommendation to amend the CDBG-DR Action Plan to reallocate $9.2 Million from the Affordable Multifamily Construction Program to the Single Family Rehabilitation & Reconstruction Program. The motion passed 6-4. - The HRB recommends that City Council and City Staff formally pursue all available avenues to secure access to State CDBG-DR housing recovery funds for eligible households within Asheville, including engagement with State agencies, the Governor’s Office, and the North Carolina General Assembly. The motion passed unanimously 10-0. - Infrastructure Recovery Board … Reviewed proposed $10M reallocation from the Infrastructure Program to Single-Family Home Repair Program … Motion to support reallocation ended in a tie 5-5. Fiscal Impact: - reallocate $19,200,000 in CDBG-DR funding to the CDBG-DR Single-Family Home Repair Program, amending the CDBG-DR Affordable Multi-Family Housing Construction Program budget to $18,800,000 and the Infrastructure budget to $115,000,000, bringing the Single-Family Home Repair Program's budget total to $22,200,000.","c":"Housing","mo":"individual","mv":"Turner","sec":"Mosley","r":"passed","ta":"6-1","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":27},{"d":"2026-06-23","mt":"regular","id":"VI-A","ref":"RES 26-141 / ORD 5239","it":"resolution","t":"Resolution authorizing a Development and Sales Agreement with 29 Oak Hill LLC for the sale of City-owned property and development of 42 affordable townhomes at 29 Oak Hill Drive, and budget amendment transferring $1,600,000 to the Housing Trust Fund","desc":"Background: - As part of the 2016 affordable housing bond initiative, the City embarked on developing City-owned land for affordable housing. - In 2018, the City of Asheville acquired 29 Oak Hill for $450,000 with Affordable Housing Bond dollars. - The property is 3.72 acres and is located off New Leicester Highway, approximately 0.6 miles north of the Patton Avenue/New Leicester Highway intersection (PIN #9629-90-2093). - The site was previously used as a lot for towed cars and as a dumping ground for large tree stumps and other natural materials. - The City completed geotechnical analysis and soil testing on the site. Due to soil debris, it is not financially feasible to build larger, multi-story structures on the site. The property is better suited to single-family homes, duplexes, townhomes, or mobile homes. - In June 2025, the City released a Request for Proposals (RFP) for a developer to build housing with a minimum percentage of affordable units, in accordance with our Policies for Implementing Affordable Housing on City-Owned Land. - Three proposals were submitted. The selection process resulted in a partnership with Eden Rock Builders, which has also purchased land at 67 Oak Hill Drive. - The developer acquired 67 Oak Hill in 2025, creating an opportunity to build more homes (70 units across both parcels). - The City signed a Letter of Intent with 29 Oak Hill, LLC in April 2026, and continued negotiations with the developer. - The project will have 42 townhomes on the City-owned land … 10 homes affordable to households at or below 80% AMI. … 10 homes affordable to households at or below 100% AMI - 22 homes affordable to households at or below 110% AMI - The affordability period will be 20 years, ensured by deed restrictions that run with the land. - The land will be sold to the developer for a nominal price, $1.00. - A Housing Trust Fund loan for $1.6 million for the construction of the homes, which will be paid back at the end of each phase of development, and re-loaned for the next set of homes. - At the end of construction on 29 Oak Hill, the City will be repaid $850,000, and $750,000 will be used for down payment assistance. - $50,000 of City funds per household at or below 80% AMI. … $25,000 of City funds per household at or below 100% AMI. - Repayment will occur at sale with shared appreciation, so the City can help the next homeowner with those funds. - The developer will also build 28 market-rate townhomes on 67 Oak Hill, which is not a part of this affordable housing deal. - The development will be united as 1 development (affordable and market-rate homes), with streets built to City standards. - The developer is applying for Technical Review on June 10, which results in a meeting on July 6. - Council could hear the Conditional Zoning case in August or September. - Construction could start this fall, beginning with site preparation and infrastructure work. - The total timeline from beginning to end is 30 months (2.5 years). - Approximately 25 people attended the Neighborhood Meeting in May. - The main concerns expressed were about current and future car traffic. The neighborhood experiences a lot of cut-through traffic from drivers heading to the Emma community, or looping around to go east on Patton Avenue or north on North Louisiana Avenue. - Members of the Emma Neighborhood Council and the Oak Hill community in general have expressed concerns that affordability is insufficient, and they would like to see the inclusion of lower-income households. - A $1.6 million revolving loan funds the $12.6 million project by building and selling in cycles. - The City will gain 42 new affordable housing units for 20 years. - The \"silent second\" loans (down payment assistance) and deed restrictions will ensure that City investments remain tied to the homes, or returns to the Housing Trust Fund upon resale. - Staff has worked with an experienced consultant, Zelleka Biermann, who has confirmed that this is an advantageous deal for the City and the community. - In response to Councilwoman Turner, Ms. Vrtunski said that we have $551,000 invested in the land. - Three individuals spoke in opposition to this development due to the current and future vehicle traffic with cut-through and speeding through the neighborhood. Committee(s): - The Housing and Community Development met on June 16, 2026. - The committee discussed a desire to make some townhomes available to households at or below 60% AMI. A substantial amount of down payment assistance would be required to fund the gap with current interest rates. Several ideas were floated for exploration: Housing Authority vouchers for home ownership, lower interest rates, and smaller unit footprints. - The suggested motion was amended to potentially expand the project's affordability levels to include 60% AMI units (exact wording below). Vote: 3-0 in favor. - Staff is working with the developer to explore options to achieve greater affordability and will report the options to Council on June 23. Fiscal Impact: - Approval of a Development and Sale Agreement will obligate the City to sell the land to 29 Oak Hill LLC, contingent on zoning approval of the project. - Deal approval would allocate $1.6 million of the 2024 Affordable Housing Bond funds to the project through a Housing Trust Fund loan with a three-year term and an interest-only rate of 1%. At project closeout, the City will be paid back $850,000, and the remaining $750,000 will be used as down payment assistance and passed on to the buyers as “silent second” loans due to the City. - adoption of a budget amendment to transfer $1,600,000 from the General Capital Projects Fund to the Housing Trust Fund.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":28},{"d":"2026-06-23","mt":"regular","id":"VI-B-1","ref":"RES 26-142","it":"appointment","t":"Resolution appointing a member to the African American Heritage Commission (Bobby Smith)","desc":"Background: - The term of ShaLinda Pruitt will expire on July 1, 2026. - The following individuals applied for the vacancies: Jackson Daniel Courson, Kimberly D. Jackson and Bobby Smith. - Staff recommends Bobby Smith for appointment. The Vice-Chair did not provide a recommendation. - Councilwoman Roney moved to appoint Bobby Smith to a term lasting until June 30, 2027, or until a successor has been appointed or unless modified by Council action.","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":29},{"d":"2026-06-23","mt":"regular","id":"VI-B-2","ref":"RES 26-143","it":"appointment","t":"Resolution reappointing a member to the Buncombe County Tourism Development Authority (Lucious Wilson)","desc":"Background: - The term of Lucious Wilson (restaurant owner, owner of a brewery, distillery, or winery open for tours or tastings, or executive director of a ticketed arts organization) expires August 31, 2026. - Two individuals applied for the vacancy, but both were ineligible. - The TDA Board Development Committee recommended Lucious Wilson for reappointment. - to a full three-year term, term lasting until August 31, 2029, or until a successor has been appointed or unless modified by Council action.","c":"Economic Development","mo":"individual","mv":"Ullman","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":1,"mr":"policy category","sq":30},{"d":"2026-06-23","mt":"regular","id":"VI-B-3","ref":"RES 26-144","it":"appointment","t":"Resolution appointing a member to the Design Review Committee (Justin Roberto Thorn)","desc":"Background: - Christine Roush (at-large representative) resigned thus leaving an unexpired term until June 30, 2027. - The following individuals applied for the vacancies: Robert Brown, Shawn Patrick Escobar, Emile Rose McKakin, Kelsey Morrow, Julie O’Dwyer, Cassidy Santander, Cecilia Smith and Justin Roberto Thorn. - His recommendations, in ranked order, are: Justin Roberto Thorn (landscape, works for CDC); Shawn Patrick Escobar (lots of traffic, civil, site review); and Mrs. Kelsey Morrow (planning, form design, etc.). - Suggest adding Emili McMakin, Julie O'Dwyer, and Cecilia Smith to the list of names being considered. - appoint Justin Roberto Thorn (at-large representative) to fill the vacancy left by Christine Roush, with a term lasting until June 30, 2027","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Hess","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":31},{"d":"2026-06-23","mt":"regular","id":"VI-B-4","ref":"RES 26-145","it":"appointment","t":"Resolution appointing a member to the Greater Asheville Regional Airport Authority (Dr. Shantelle Simpson)","desc":"Background: - The term of Brad Galbraith will expire on July 1, 2026. - The following individuals applied for the vacancies: Douglas James Enevoldsen, Lawrence F.J. Keating and Shantelle Simpson. - Staff and Chair recommend Dr. Shantelle Simpson for appointment. - appoint Dr. Shantelle Simpson to a term lasting until July 1, 2026, and then a full four-year term, term lasting until July 1, 2030","c":"Boards & Appointments","mo":"individual","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":32},{"d":"2026-06-23","mt":"regular","id":"VI-B-5a","ref":"RES 26-146","it":"appointment","t":"Resolution reappointing Leslie Humphrey to the Historic Resources Commission","desc":"Background: - Amy Gharst has resigned thus leaving an unexpired term until July 1, 2028. In addition, the terms of Leslie Humphrey and Will Hornaday’s terms expire July 1, 2026. - The following individuals applied for the vacancies: William E. Kirby, William Margulis, Jane Mathews, Richard Mattson and Antonio Prieto. - Chair and staff recommend Leslie Humphrey for reappointment and recommend Antonio Prieto, Jane Mathews, and Richard Mattson equally for the other two current vacancies. - reappoint Leslie Humphrey to serve a three-year term, term lasting until July 1, 2029","c":"Boards & Appointments","mo":"individual","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":33},{"d":"2026-06-23","mt":"regular","id":"VI-B-5b","ref":"RES 26-146","it":"appointment","t":"Resolution appointing Jane Mathews and Richard Mattson to the Historic Resources Commission","desc":"Background: - appoint (1) Jane Mathews to fill the vacancy left by Amy Gharst, with a term lasting until July 1, 2028; and (2) appoint Richard Mattson to serve a three-year term, term lasting until July 1, 2029.","c":"Boards & Appointments","mo":"individual","mv":"Hess","sec":"Smith","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":34},{"d":"2026-06-23","mt":"regular","id":"VI-B-6","ref":"RES 26-147","it":"appointment","t":"Resolution reappointing members to the Planning & Zoning Commission (Jane Bell, Jonathan Anzollitto, Lindsay Broughel)","desc":"Background: - The terms of Jane Bell, Jonathan Anzollitto and Lindsay Broughel expire on August 14, 2026. - The following individuals applied for the vacancies: Jayne Benjamin Alenier, Liz Avery, Randall Barnett, Brandon Bryant, Scott Burroughs, Mike Thomas Carpenter, Joseph John Chesler, Seth Armstrong Connelly, Will Deter, Matthew Doran, Jason Hambley, Evar Hecht, Christopher Horton, Julie O’Dwyer, Evan Patrick Quirk-Garvan, Micah Rogers, David Russell, Robert Sack, Jo Sesodia, Michael Speciale and Kyle Turner. - Chair and staff recommend Jonathan Anzollitto, Jane Bell, and Lindsay Broughel for reappointment. - reappoint Jane Bell, Jonathan Anzollitto and Lindsay Broughel to each serve a three-year term, terms lasting until August 14, 2029","c":"Boards & Appointments","mo":"individual","mv":"Turner","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"no material signals","sq":35},{"d":"2026-06-23","mt":"regular","id":"W","ref":"RES 26-138 / ORD 5236","it":"resolution","t":"Resolution authorizing an amendment to the contract with Hagerty Consulting, Inc. for recovery management services from Tropical Storm Helene, and associated budget amendment","desc":"Background: - The damage caused by Helene required an immediate response by the City to secure public safety, provide aid to the community, and secure public infrastructure. - In responding to this crisis, the City of Asheville entered into emergency contracts to address the needs of the community when those needs exceeded the capacity of City staff. Under one such contract, the City engaged Hagerty Consulting, Inc., for recovery management services. - That contract was ratified by the City Council on November 12, 2024 and has since been amended twice, January 28, 2025 and June 10, 2025, for a total amount not to exceed $12,826,024 for work occurring through June 30,2026 (Fiscal Year 2025-2026). - Accomplishments from the Fiscal Year 2025-2026 (FY26) contract include but are not limited to development and submission of over $400 million in Hazard Mitigation Grant (HMGP) applications, extension of temporary water pretreatment systems through the 2025 hurricane season and grant support from FEMA Public Assistance for permanent pretreatment systems at DeBruhl Water Treatment Plant. - The contract for FY27 is anticipated to support work to complete debris removal, a significant increase in infrastructure projects working through the FEMA Public Assistance program and support Hazard Mitigation Grant applications. - There is no definitive end date for this contract. Staff anticipates bringing contract amendments to Council as needed but will attempt to limit the amendments to one per fiscal year. - The scope of work includes capacity and support to the City in working with specific federal agencies to maximize access to direct financial reimbursement, grant support and technical assistance - To date Hagerty Consulting’s support resulted in the obligation of $72 million dollars to the City through the FEMA Public Assistance Program. - Ongoing work will focus on maximizing cost recoverable opportunities and funding resources to support the City’s infrastructure, housing and economic recovery efforts. Fiscal Impact: - This contract amendment will increase the contract by $4,584,593 for work to occur in Fiscal Year 2026-2027 (FY27) and brings the total not-to-exceed amount to $17,410,617. - This contract is designed to be reimbursed through approved management costs embedded within each of the federal grant programs. It is expected that 90% of this expense will be reimbursed by FEMA and CDBG-DR. Remaining expenses may be eligible for additional revenue sources such HMGP and Federal Highway Administration (FHWA)","c":"Contracts & Procurement","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":22},{"d":"2026-06-23","mt":"regular","id":"X","ref":"RES 26-139","it":"resolution","t":"Resolution in support of the Leonard Antonelli, Jacob Hill and Alex Rozos Bicycle Safety Zone Act of 2025 (“Lennie’s Law”)","desc":"Background: - the City of Asheville is committed to promoting the safety, health, and well-being of all residents and visitors, including those who utilize public roadways for cycling and other forms of active transportation - Western North Carolina is home to a vibrant and growing cycling community, with many roadways—particularly in and around Asheville —serving as popular and heavily trafficked cycling routes - on July 1, 2025, Leonard Antonelli (“Lennie”, age 27) and Jacob Hill (“Jake”, age 32) were tragically killed, while Griffin Tichenor was injured, when a commercial vehicle crossed the center line and struck them during a weekly group cycling ride near Asheville, North Carolina - on July 18, 2024, Alex Rozos,age 26, died after being hit while riding on Swannanoa River Road near the intersection with South Tunnel Road - the proposed Leonard Antonelli, Jacob Hill and Alex Rozos Bicycle Safety Zone Act of 2025, also known as “Lennie’s Law,” seeks to establish designated Bicycle Safety Zones on popular cycling routes across North Carolina, where stricter enforcement of posted speed limits and increased penalties for violations would apply - data consistently identify excessive speed as a leading contributing factor in vehicle-cyclist collisions - regional partners, including the French Broad Metropolitan Planning Organization and the North Carolina Department of Transportation, are actively evaluating strategies to improve safety along key corridors - The City of Asheville formally expresses its strong support for the establishment of a law that increases awareness and consequences for speeding on designated roadways that meet prescribed criteria for bicycle safety - The City supports collaboration with state and regional agencies to identify and designate appropriate Bicycle Safety Zones within and near Asheville - The City encourages the North Carolina General Assembly to adopt this legislation to enhance cyclist safety through the establishment of Bicycle Safety Zones and increased penalties for speeding violations within those zones - The City honors the memory of Leonard Antonelli, Jacob Hill and Alex Rozos - Maddie Barondeau, fiancee of Leonard Antonelli, and Adam Smith, friend of Leonard Antonelli, shared their story of the crash and thanked City Council for their support of “Lenny’s Law” and to do whatever they can to help with road safety.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1kVo4isJoeq9619mYANScQTFSNrPC2dWkC-Dx2J9iLlY/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":23},{"d":"2026-07-28","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the combined minutes of the special meeting held on July 15, 2026; the agenda briefing worksession held on June 18, 2026, and the formal meeting held on June 23, 2026","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-07-28","mt":"regular","id":"B","ref":"RES 26-148","it":"resolution","t":"Resolution authorizing an amendment to the Community Development Block Grant - Disaster Recovery subrecipient Agreement between the City of Asheville and the State of North Carolina Department of Commerce for the Renew NC Single-Family Housing Program to increase the total funding allocation from $3,000,000 to $22,200,000","desc":"Background: - The City of Asheville was allocated $225,010,000 in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds from the U.S. Department of Housing and Urban Development (HUD) on January 16, 2025. - On January 7, 2026, the City and NCDOC entered into a Subrecipient Agreement to carry out the City's Reconstruction and Rehabilitation of Owner-Occupied Housing Program, utilizing the State's Renew NC Single-Family Housing Program, consistent with Resolution No. 25-215. - The original Subrecipient Agreement obligated $3,000,000 to cover eligible hard construction costs incurred within Asheville city limits. - Recognizing that demand far outweighed the initial $3,000,000 allocation, City Council passed Resolution 26-140 on June 23, 2026. This resolution formally amended the City's CDBG-DR Action Plan to reallocate $19,200,000 to the Single-Family Housing Rehabilitation & Repair program, bringing the program's total budget to $22,200,000. - This proposed amendment would officially authorize updates to the Subrecipient Agreement to reflect the Action Plan reallocation, increasing the total amount to be paid by the City to NCDOC for hard construction costs to an amount not to exceed $22,200,000. - Additionally, the amendment replaces Exhibit A and Exhibit B of the original agreement to incorporate the updated Version 1.3 of the Renew NC Policies and Procedures and Version 3 of the City of Asheville CDBG-DR State of North Carolina Reconstruction and Rehabilitation of Owner-Occupied Housing Program Manual. Fiscal Impact: - increasing the obligated funding amount to $22,200,000","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-07-28","mt":"regular","id":"C","ref":"RES 26-149","it":"resolution","t":"Resolution authorizing the City Manager to enter into a Municipal Agreement with the N.C. Dept. of Transportation for the waterline relocation cost reimbursement associated with NCDOT I-2513 AC Connector Projects (I-240 and I-26 between the I-40 / I-240 interchange and I-26 Exit 2)","desc":"Background: - NCDOT I-2513AC projects will provide roadway modifications and improvements along I-240 and I-26 between the I-40 / I-240 interchange and I-26 Exit 2. - I-2513AC represents one project phase of the NCDOT’s overall I-26 widening effort. - The City of Asheville owns and maintains municipal water lines within the right-of-way of the project area that will be impacted by the NCDOT improvements. - The improvements will impact and require relocating approximately 4,200 ft of 24” waterline, 600 ft of 12” waterline and 500’ of 6” and 8” waterlines throughout the project area. - As a condition of the installation, operation and maintenance of said waterlines within the NCDOT right-of-way, the City of Asheville Water Resources Department is responsible for 50% of the engineering and construction cost associated with relocation of said waterlines should the need arise. - For the purpose of construction coordination and efficiencies, the City of Asheville Water Resources Department wishes to enter into this Utility Construction Agreement with NCDOT, which allows the waterline utility work to be performed as part of the NCDOT’s construction contract. - This project will become part of the Water Resources Department’s ongoing Capital Improvement Program. Fiscal Impact: - NCDOT has estimated that the cost to the City of Asheville for the relocation and adjustment of municipally owned water lines for this project will be $2,526,361.73. - an amount not to exceed $2,526,361.73 for the NCDOT I-2513 AC Connector Project","c":"Utilities & Infrastructure","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-07-28","mt":"regular","id":"D","ref":"RES 26-150 / ORD 5241","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract with Austin Construction Co. for demolition of damaged facilities within the French Broad Riverfront Park, and budget amendment to account for the federal and state funds the City will receive for the demolition","desc":"Background: - In late September 2024, the City of Asheville experienced record breaking rainfall both from Tropical Storm Helene and a heavy rain event that preceded it. A state of emergency covering Asheville was declared on September 25th, 2024 in relation to Tropical Storm Helene. - The French Broad Riverfront Parks recovery effort has been combined into one Federal Emergency Management Agency (FEMA) Public Assistance (PA) project (#956981) which includes Carrier Park, French Broad River Park, Amboy Riverfront Park, Craven Street boat access, Jean Webb Park, Wilma Dykeman Greenway, French Broad Greenway and City owned property at 314 Riverside Drive. - The scope of this demolition contract includes seven damaged building structures and dozens of park amenities for multiple park properties along the French Broad River. This demolition scope will remove unsafe or attractive nuisance structures, and is being implemented in coordination with the French Broad Riverfront recovery project unified concept plan that was presented to City Council on June 23rd. - The schedule of this early demolition phase is dependent on the ongoing Environmental and Historic Preservation (EHP) permitting process, which could last through the fall of 2026. Fiscal Impact: - in the amount of $396,657.84, further authorizing the City Manager to execute any change order that may arise during the project up to the contingency amount of $40,000.00, with the above totalling $436,657.84; and adoption of a budget amendment, in the amount of $436,657.84, to account for the federal and state funds the City will receive for this work.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-07-28","mt":"regular","id":"E","ref":"RES 26-151 / ORD 5242","it":"resolution","t":"Resolution authorizing the City Manager to enter into a donation agreement to accept a one-time donation of $13,000 from the Preservation Society of Asheville and Buncombe County to fund the repair and improvement of the City Hall Chimes, and associated budget amendment","desc":"Background: - Installed in 1932 as a community-funded World War I memorial, championed by local mothers and schoolchildren, Asheville’s 10-note J.C. Deagan \"Peace Chimes\" are a rare municipal feature (one of only four built globally). - The chimes were restored in the late 1990s, but currently only play manually using a keyboard or a player piano-like system. - The automated clock system is not functional, and must be modernized to make it operable. - In 2024, City staff partnered with local volunteer musicians to troubleshoot the system, and test custom music rolls. - Following delays from Hurricane Helene, staff secured a long-term partnership with the Preservation Society of Asheville/Buncombe County (PSABC), who is providing a $13,000 donation to modernize the chimes into a fully automated, synchronized system. Fiscal Impact: - a budget amendment in the amount of $13,000 in the General Capital Projects Fund.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-07-28","mt":"regular","id":"F","ref":"RES 26-152","it":"resolution","t":"Resolution authorizing the City Manager to amend the design contract with Progressive Architecture Engineering, P.C., for the Walton Street Park Improvement project, and to execute change orders up to the contingency amount","desc":"Background: - The City of Asheville is re-envisioning the use of the historic Walton street pool area and the pool house. The goal of this effort is to integrate modern amenities while respecting the historic nature of the pool and bathhouse in service of the surrounding neighborhood and for the enjoyment of generations to come. - In March 2025, a Request for Qualifications for design teams was advertised and the most qualified candidate was Progressive Architecture Engineering P.C. - The adoption of a resolution authorizing entering into a design contract for $140,000 with Progressive was passed at the July 29, 2025 City Council meeting. - The scope for the original design contract included: planning, budgeting, design documents, public meeting attendance, preparing construction documents for a smaller renovation. - Through the design process staff have received input from the community and have modified the plan to incorporate some of this feedback. These changes have resulted in a project that is better suited to meeting community needs through a modified scope. - Scoping changes along with updated construction estimates for the outdoor space and building are anticipated to exceed this budget, totaling $2,000,000 for construction. Based on the additional design work required, the design contract with Progressive Architecture Engineering P.C., needs to be adjusted accordingly. - Public meetings and outreach for feedback on the design concluded in December 2025. Feedback received at the public meeting and from the online project page indicated the community would like usable space for programs inside the building and program and gathering space outside while honoring the history of the pool. - Anticipated schedule is for design to be complete at the end of 2026 with construction following. Construction is anticipated to take approximately 12 months. Fiscal Impact: - in the amount of $164,000.00 … up to the contingency amount of $16,000.00 for a new total contract amount not to exceed $304,000.00 with a contingency of $37,000.00.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-07-28","mt":"regular","id":"G","ref":"RES 26-153","it":"resolution","t":"Resolution authorizing the City Manager to enter into a design contract with Clark Nexsen, a division of JMT, for the Linwood Crump Shiloh Community Center and Tempie Avery Community Center Improvement project, and to execute change orders up to the contingency amount","desc":"Background: - The City of Asheville is seeking to renovate both the Linwood Crump Shiloh Community Center and Tempie Avery Community Center to modern standards and make the spaces functional for current programming needs. - The Linwood Crump Shiloh Community Center, located in the Shiloh Legacy Neighborhood, was originally a Rosenwald school for African-American children. It was converted to a community center when the Shiloh Elementary School graduated its last class in 1969. Over the years, the center has become an integral part of the community’s cultural and social fabric and many community services are provided here. - Tempie Avery Montford Community Center, located in the historic Montford neighborhood, was the City’s first full-complex recreation space and became a social and cultural hub for the Montford, Stumptown and Hill Street neighborhoods in 1978. - The two community centers will be designed by the same design firm under one design contract but constructed separately. - In March 2026, a Request for Qualifications for Architectural, Engineering and design services was advertised and 11 teams responded with qualifications (Clark Nexsen, Cooper Carry, DP3 Architects, Form&Function, Insitustuidio, Ledgerton, May Collaborative, McMillan Pazdam Smith, Neighboring Concepts, Novus Architects, and Sizemore Group). - The most qualified candidate was Clark Nexsen, a division of JMT, with offices in Asheville, as determined by a team of City representatives who reviewed the teams and ranked them based on qualifications. - The budget for Shiloh Community Center is $3,700,000-$3,900,000 and for Tempie Avery Community Center is $3,200,000-$3,400,000. - Anticipated schedule is for design to start Summer 2026 with design wrapping up in late- 2027. Design will be concurrent for both projects. Construction on the Linwood Crump Shiloh Community Center is anticipated to begin early 2028 and immediately following the conclusion of that construction, the construction on Tempie Avery will commence in early 2029. Fiscal Impact: - The proposed design fees are $521,900 for Shiloh and $461,400 for Tempie Avery. Totaling $983,300 for the design of both projects. - up to the contingency amount of $98,000.00.","c":"Parks & Recreation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-07-28","mt":"regular","id":"H","ref":"RES 26-154 / ORD 5243","it":"resolution","t":"Resolution authorizing the City Manager to apply for and accept the 2025 Bulletproof Vest Partnership Grant from the United States Department of Justice, and budget amendment to accept the grant","desc":"Background: - The City of Asheville receives an annual opportunity to apply for a U.S. Department of Justice (DOJ) Bulletproof Vest Partnership (BVP) Grant. - The DOJ bases the award of these funds on the number of replacement vests needed for existing officers and on estimates of the number of new officers to be hired in the coming year. - The DOJ has determined that the Asheville Police Department (APD) is eligible to receive the 2025 grant in the amount of $40,235.90, which requires a dollar-for-dollar match from the City. - Bulletproof vests expire after 5 years, and during the life of this grant, 36 current officers’ vests will expire and require replacement. - The funding will allow the purchase of 68 bulletproof vests over the grant's two-year term. This also allows APD to use the grant for vests for 32 newly hired officers. Fiscal Impact: - Budget amendment in the City's Special Revenue Fund in the amount of $80,471.80.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-07-28","mt":"regular","id":"I","ref":"RES 26-155 / ORD 5244","it":"resolution","t":"Resolution authorizing the City Manager to accept the 2026 High Intensity Drug Trafficking Areas (HIDTA) Grant on behalf of the Asheville HIDTA branch and to execute all documents associated with the grant, and budget amendment in the City's Special Revenue Fund","desc":"Background: - The purpose of the HIDTA program is to reduce drug trafficking and especially production in the United States, specifically in areas where drug-related activities are having a significant harmful impact. - This unit does not focus on, or adopt cases, that are for simple possession, but focuses only on cases that deal in trafficking, manufacturing, and distribution of illegal drugs. - The Asheville Police Department acts only as the fiduciary for the grant. - When expenses are incurred, the fiduciary settles the claims using appropriated City of Asheville funds and then requests a 100% reimbursement from the federal government. - The Asheville HIDTA is the direct beneficiary of the grant funds and not the Asheville Police Department. - The Asheville HIDTA is composed of members of the United States Drug Enforcement Administration, one officer from the Asheville Police Department, and various individuals from the Sheriff Offices of several Western North Carolina Counties. - A United States Drug Enforcement Administration supervisor, who is the Asheville HIDTA manager, determines how grant funds will be expended. - Grant funds are used for overtime, travel, services and supplies. All expenses are tracked and audited by local and federal authorities. - The Office of National Drug Control Policy has determined that the City of Asheville is eligible to manage this grant totaling $160,904.00. Fiscal Impact: - Budget amendment in the City's Special Revenue Fund in the amount of $160,904.00.","c":"Public Safety","mo":"individual","mv":"Hess","sec":"Mosley","r":"passed","ta":"5-1","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":8},{"d":"2026-07-28","mt":"regular","id":"IV-A","ref":"ORD 5246","it":"public_hearing","t":"Public hearing to consider amending the conditional zoning of 301 E. Chestnut Street for the purpose of amending project conditions","desc":"Background: - The applicant requests an amendment to an existing conditional zoning for the purposes of making changes to the project conditions. - The project site at 301 E. Chestnut St is 0.59 acres and is the location of the Princess Anne Hotel. - The site is zoned Institutional - Conditional Zone (INST-CZ). No change in the zoning district is requested. - The subject property is designated “Neighborhood Centers” on the city’s Future Land Use (FLU) Map. A change to the FLU Map is not required. - The existing conditional zoning ordinance on the site (Ord No. 4671), adopted on May 22, 2018, was an amendment to a prior conditional zoning ordinance (Ord. No. 3388) which permitted the use of the site for a 16-room hotel with a dining room and three apartments for staff. The existing conditional zoning on site allowed for the expansion of the size of the dining room and conversion into a full-scale restaurant open to the public. - The applicant is requesting an amendment to the existing conditional zoning on the site to allow for additional uses in conjunction with the existing hotel and restaurant uses, including: Dwelling units Retail sales Eating/drinking establishments Barber shops & beauty salons - There are no planned additions or expansion of the existing structure. - All other relevant conditions from the existing conditional zoning are included in the new project conditions, including those relating to off-street parking, sidewalks, and landscaping. Committee(s): - The Planning & Zoning Commission voted unanimously to approve the project. - staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning amendment. Con(s): - she shares a driveway with the Princess Anne Hotel and adding more businesses downstairs at the hotel will require more parking. The area streets are already congested with traffic.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":16},{"d":"2026-07-28","mt":"regular","id":"IV-B","ref":"ORD 5247","it":"public_hearing","t":"Public hearing to conditionally rezone 3862 Sweeten Creek Road from RM-16 Residential Multi-Family High Density to Residential Expansion - Conditional Zone","desc":"Background: - The project area consists of two properties totalling 12.06 acres located at 3862 Sweeten Creek Rd, and identified in the Buncombe County land records as PINs 9654-44-4259 & 9654-44-1465. - Both lots of the subject property are zoned RM-16 Residential Multi-Family High Density Development District. - Given the size of the project (over 50 residential dwelling units) a conditional zoning … district is required. - the property is currently designated “Residential Neighborhood. A change in the Future Land Use Map is not required as part of this conditional zoning petition. - New building construction includes five 3/4 story multi-family buildings, totalling 130 affordable housing units, as well as an outdoor playground and other residential amenities. - As of this report's publication, 100% of the 130 units are slated to be affordable at a level of 80% Area Median Income (AMI) or below. - The project is seeking technical modifications to development standards through the conditional zoning process including: 6’ wide sidewalk with 8’ wide utility strip along the Sweeten Creek Road (US 25A) frontage. A sidewalk easement within the site frontage will be provided as needed. 6’ wide minimum sidewalk internally to the site. Street trees along Sweeten Creek Road (US 25A) to be planted up to 40’ from the existing EOP to avoid conflict with site visibility triangles. - Maximum building height for multifamily buildings in the RES EXP district is 60 feet. The maximum building height of the proposed project is approximately 42’ as measured to the ceiling of the highest floor. - Maximum density in the RES EXP district is 50 units/acre for projects proposing affordable units.The proposed project’s density is 10.7 units/acre. - Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 26.5%. - A total of 201 parking spaces are proposed for the project. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 173/300 for the RES EXP district. - Mr. Swords agreed to amend the condition that the project will comply with parking space requirements of Section 7-11-2 of the UDO, but shall have no more than 180 total spaces. - The project proposes just over 20% open space as required based on their stormwater plan. The requirement is 2.41 acres, and the applicant is proposing 2.45 acres. - The project proposes to meet Tree Canopy Preservation requirements through the preservation of 15%, or 1.6 acres of existing tree canopy. The site, with both parcels combined, has an existing tree canopy of 93%, or 11.22 acres. Committee(s): - Technical Review Committee (TRC) - April 6, 2026 - approved with conditions. - Planning & Zoning Commission (PZC) - May 6, 2026 - approved, 6-1, with the recommendation that the developer and design staff consider upsizing their stormwater controls to a larger storm event standard, ideally a 100-year storm, and/or provide wetland enhancements to mitigate downstream flooding in addition to the culvert crossing being sized to a 100-year storm event. Con(s): - Five individuals spoke in opposition to the conditional zoning mainly due to already congested traffic on Sweeten Creek Road, inadequate downstream stormwater management, and strain on existing infrastructure.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Smith","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":17},{"d":"2026-07-28","mt":"regular","id":"IV-C-a","ref":"","it":"public_hearing","t":"Motion to deny the rezoning of 3 S. Tunnel Road from Urban Place Form District to Regional Business","desc":"Background: - The applicant requests a rezoning of one property to the Regional Business (RB) zoning district. - The subject property is part of the Asheville Mall on S. Tunnel Road. - The property is currently zoned Urban Place Form District (UP). - the parcel size is 40.88 acres. - The applicant is Asheville Mall Capital Holding LLC. - The subject property is designated “Town Center” on the city’s Future Land Use (FLU) Map. A change to the FLU Map would be required to be consistent with the proposed zoning district. - Regional Business (RB) is not cited as an appropriate zoning district for properties designated as “Town Center” on the Future Land Use map. - Staff recommends disapproval of this rezoning request - the proposed rezoning conflicts with the following goals in Living Asheville Comprehensive Plan (2018). The proposed project does not: (1) Encourage Responsible Growth; (2) Increase Mixed Use Development Along Transit Corridors; (3) Promote Great Architecture and Urban Design to Enhance Placemaking; and (4) Make Streets More Walkable, Comfortable and Connected. Committee(s): - The Planning & Zoning Commission voted 4-3 to deny the project. - staff concurs with the Planning & Zoning Commission and recommends denial of the proposed rezoning. Pro(s): - It could be argued that any rezonings leading to property investment may be good for the city, at least in the short term, due to added tax revenue and the provision of updated goods and services. Con(s): - Undermines the Comprehensive Plan. The proposed rezoning would create a built environment that is not in alignment with general Comprehensive Plan goals and strategies, as well as the specific goals that the Urban Place Form District (UP) was enacted to achieve. - Squanders a Generational Opportunity. The opportunity for transformative new development at the site, given the scale of the property and its strategic location, would be severely diminished. - Eliminates Housing Requirements. The proposed rezoning would eliminate the requirement that any new commercial development include a certain amount of residential development which could perpetuate “big box store” commercial development without the provision of housing and the creation of a mixed-use neighborhood. - Perpetuates Suburban Sprawl and Heat Islands. The proposed rezoning would perpetuate suburban sprawl, large parking lots, and the urban heat island effect, as the requirements in the Urban Place Form District (UP) relating to the design of parking lots and the siting of buildings would be removed. - Premature Ahead of the UDO Rewrite: The city is about to launch a comprehensive Unified Development Ordinance (UDO) rewrite. If there are valid, broken, or overly restrictive regulations within the current UP district, they should be calibrated and modernized through that public process rather than abandoning the district entirely via a piecemeal rezoning.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Turner","r":"failed","ta":"2-4","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":18},{"d":"2026-07-28","mt":"regular","id":"IV-C-b","ref":"ORD 5248","it":"public_hearing","t":"Public hearing to rezone 3 S. Tunnel Road from Urban Place to Regional Business","desc":"Background: - The applicant requests a rezoning of one property to the Regional Business (RB) zoning district. - The subject property is part of the Asheville Mall on S. Tunnel Road. - The property is currently zoned Urban Place Form District (UP). - the parcel size is 40.88 acres. - It is a one-story mall structure and parking built in 1973 (Class C Commercial), totalling approximately 198,000 square feet (4.5 acres), and valued by tax assessment at approximately $91 Million. - The applicant is Asheville Mall Capital Holding LLC. - This public hearing was advertised on June 12 and 19, 2026. On June 23, 2026, this public hearing was continued to this date at the applicant's request. - He explained how the developer wants to activate the sea of asphalt and the Urban Place zoning makes that unworkable. They are asking that the property be rezoned back to the original Regional Business District. - Staff recommends disapproval of this rezoning request - The proposed rezoning is incompatible with both the 2021 zoning map updates and the Comprehensive Plan's vision for Town Centers. Committee(s): - The Planning & Zoning Commission voted 4-3 to deny the project. - staff concurs with the Planning & Zoning Commission and recommends denial of the proposed rezoning. Pro(s): - May bring investment and any associated goods or services to the Asheville Mall and South Tunnel Road community–a targeted area for growth–to bolster economic activity; and (2) Has the potential to bring jobs and goods or services to a corridor supported by transit, thereby leveraging the City's transit investments to increase mobility. Con(s): - Cons include (1) The proposed rezoning is inconsistent with Comprehensive Plan goals and the aims of the Urban Place Form District (UP); (2) Development not aligned with city plans would diminish the potential for realization of goals especially concerning given the site's scale and strategic location; (3) The rezoning would remove the mixed-use requirement, potentially leading more inefficient development without the provision of housing along a transit corridor; and (4) Eliminating UP requirements would perpetuate the negative impacts of suburban sprawl, such as reducing walkability and increasing the urban heat island effect.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Mosley","sec":"Hess","r":"passed","ta":"4-2","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":19},{"d":"2026-07-28","mt":"regular","id":"J","ref":"ORD 5245","it":"ordinance","t":"Ordinance amending Chapter 15, Solid Waste Management, of the Code of Ordinances, to include nuisance motor vehicles as litter and align the City's definition of litter with NC General Statute, effective upon adoption","desc":"Background: - Parking Services addresses abandoned vehicles in the public right of way (ROW). - Development Services Department (DSD) addresses nuisance motor vehicles on public or private property via Chapter 10 of the City ordinances. - Public Works Sanitation Division addresses litter, overgrown lots, and other sanitation issues on public and private property via Chapter 15 of the City ordinances. - Under the current ordinance, when Sanitation is called to a property to address other sanitation issues and they encounter a noncompliant vehicle, they must report the vehicle to another department, instead of simply addressing it while they are already on site. This creates staff inefficiency and communication challenges with residents. - Amending the Chapter 15 ordinance to allow the Sanitation Division to address the noncompliant vehicle simultaneously with the other noncompliant areas of the property will improve staff efficiency and streamline communication with residents. - Amending the sanitation ordinance in this way will provide additional tools to encourage compliance and to mitigate public health and safety issues. - This ordinance amendment will also align the City’s definition of litter with the North Carolina General Statute definition of litter to include motor vehicles. Con(s): - Neighborhood complaints may increase, creating tension between neighbors.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-07-28","mt":"regular","id":"K","ref":"RES 26-156","it":"resolution","t":"Resolution authorizing the City Manager to submit a grant application in partnership with Buncombe County to the North Carolina Department of Environmental Quality for a Multifamily Recycling Grant from the Solid Waste Management Outreach Program","desc":"Background: - Buncombe County will be applying for up to $71,500 for the Multifamily Recycling Grant. - The grant proposal includes recycling enhancement projects at two multi-unit properties within the City limits and two properties within unincorporated Buncombe County. Property locations are still being determined. - The NC Department of Environmental Quality’s (NCDEQ) Multifamily Recycling Grant offers the City the opportunity to collect data to inform Solid Waste Master Plan recommendations. - The Solid Waste Master Planning Process is identified as Activity #17 of Goal #2 in the Municipal Climate Action Plan (MCAP). - This funding opportunity would support the Public Works Department goal of establishing a Solid Waste Master Plan specifically to: Evaluate the City of Asheville’s existing solid waste management system and provide short- and long-term recommendations to improve and enhance the efficiency and quality of the system and increase waste reduction and diversion; and Improve and expand core services; and Implement waste reduction programs to meet Council’s goal of reducing municipal solid waste by 50% by 2035 (Resolution 14-27). - The grant application is due on August 31, 2026. - If awarded, the projected start date is December 1, 2026. NC DEQ Division of Environmental Assistance and Customer Service (DEACS) suggested an earlier start date is possible. - The fund distribution deadline is December 31, 2027. This grant is eligible for an extension, if needed. Fiscal Impact: - The City will serve as the co-applicant and will supply a 5% cash match, or up to $3,575.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-07-28","mt":"regular","id":"L","ref":"RES 26-157","it":"resolution","t":"Resolution authorizing the City Manager to execute a Municipal Agreement with the North Carolina Department of Transportation for the Inspection of Bridges on the Municipal Street System","desc":"Background: - Federal law requires that all publicly maintained bridges be inspected every two years. The North Carolina Department of Transportation (NCDOT) offers municipalities the option to have these inspections and analysis completed by NCDOT or a consultant retained by NCDOT. - All work completed will be in compliance with the National Bridge Inspection Standards (NBI), the American Association of State Highway and Transportation Officials’ (AASHTO) Manual for Bridge Evaluation, and the Specifications for the National Bridge Inventory (SNBI). - This agreement would be for a term of ten (10) years. - The City began participating in this program with NCDOT in 2009. - In the event that any repairs are identified during the course of said inspections and analysis, whether for bridge structures or regulatory signage, the City will be responsible for resolving those repair needs. Fiscal Impact: - The current proposed agreement would result in no cost to the City for inspections and analysis - that work would be paid for by 80% federal funds via the Federal Highway Administration, and the remaining 20% would be paid by the State.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2026-07-28","mt":"regular","id":"M","ref":"RES 26-158","it":"resolution","t":"Resolution authorizing the City Manager to convey a portion of City-owned property located at 55 Hunt Hill Place to KL Training Solutions for the installation of a module school building","desc":"Background: - The City of Asheville owns real estate located at 55 Hunt Hill Place that is currently occupied by the Asheville Parks and Recreation Asset Management Division and leased to the Asheville Tourists.. - KL Training Solutions has submitted a proposal to utilize a portion (approximately 3,246 square feet) of the property at 55 Hunt Hill Place to operate the My Daddy Taught Me That, My Sistah Taught Me That and My Daddy Taught Me That Jr. youth development programs. The new programs will be housed in a modular school unit that is being placed on this site. - The City conveyed the adjacent property, 3 Hunt Hill Pl, to KL Training in April 2023 for the purpose of youth training and education programs and the program is expanding. - Program success includes, but is not limited to, providing advocacy, education and mentoring services to over 160 youth per week in a program designed to provide consistency for program participants over a ten year time frame preparing them for college and careers. - Due to the closure of another youth-serving program 125 youth were without options for after-school programming, summer camps, and other needed services. My Daddy Taught Me That was able to open their doors to 67 of these students using their existing facility. Through the generous donation of a modular school unit, the program will be able to expand to include more of these students that need these critical programs and engagement opportunities. - The deed given by the City will include deed restrictions that the property may only be used for the public use of provision of community development programs and activities by this non-profit. - This shall limit the use of the property to the following: Programs concerned with employment, economic development, crime prevention, child care, health, drug abuse, education, and welfare needs of persons of low and moderate income. - The City will modify the existing shared access easement on its adjacent property with KL Training Solutions to allow access to the rear of the property. - This easement will be a non-exclusive access easement at the rear of the property located at the existing gated entrance, reducing the existing 4,200 square foot easement to 2,455 square feet. Fiscal Impact: - KL Training Solutions is requesting the conveyance of a portion of the property for $1 for this use.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2026-07-28","mt":"regular","id":"N","ref":"","it":"motion","t":"Motion approving the Board of Alcoholic Beverage Control's Travel Policy adopted January 26, 2016","desc":"Background: - Each year the N.C. ABC Commission, in compliance with Chapter 18-B700, Article 7, g (2), requires its 167 ABC boards to get annual approval of board travel policies from their appointing authorities. - The ABC Board approved the current policy on January 26, 2016. In 2025, the ABC Board incorporated all the elements to changes in the City's Travel Policy, and we made no changes to the current policy. - The ABC Board formally requests the City of Asheville's written confirmation of the Asheville Board of Alcoholic Control Travel Policy.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2026-07-28","mt":"regular","id":"O","ref":"RES 26-159","it":"appointment","t":"Resolution appointing Bobby Smith as a member to the People and Environment Helene Recovery Board","desc":"Background: - Bobby Smith is hereby appointed to fill the unexpired term of Darrell Burrus, with a term lasting until June 30, 2027, or until a successor has been appointed, or unless modified by Council action. - Notwithstanding the foregoing, all members shall serve at the pleasure of Council, and may be removed at any time with or without cause.","c":"Boards & Appointments","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2026-07-28","mt":"regular","id":"P","ref":"","it":"motion","t":"Monthly municipal property tax refunds or releases per North Carolina General Statute section 105-381","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for May and June 2026 are included in the document.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2026-07-28","mt":"regular","id":"VI-A","ref":"RES 26-160","it":"resolution","t":"Resolution approving the Home Repair Policy and allocating $3 million of 2024 Affordable Housing Bond funds for the Home Repair Program","desc":"Background: - Home repair was identified in the Affordable Housing Plan as a strategy to help combat displacement in neighborhoods. It is also an important way to maintain existing affordable housing or NOAH (Naturally Occurring Affordable Housing). - Home Repair is also a part of the Anti-Displacement Affordable Housing (ADAH) project. - After TS Helene, the City mobilized quickly to deploy $1.465 million of returned bond funds for storm-related home repair. - 52 households were served with those funds, and approximately 40% of households were at or below 30% of area median income (AMI); 40% of households had incomes between 31% and 50% AMI and 20% of households had incomes between 51% and 80% AMI. - AHAC held 3 meetings (December 2025 to March 2026) to learn about, gather data on, and reflect on home repair programs. - The Affordable Housing Advisory Committee heard data gathered from property tax records indicating that up to 4,000 homes may need repairs (ownership & rental homes). - Staff presented a draft policy at the May meeting; AHAC recommended changes. - Household income must be at or below 80% AMI, adjusted for household size, as published annually by HUD. - Homeowners must have lived in their house for the last 5 years. Staff may grant an exemption in cases where there has been damage caused by TS Helene. - The homeowner must occupy the property as their principal residence throughout the repair process and, when applicable, through the lien forgiveness period. - The homeowner must not own other residential property. Listing on an heirs property with multiple owners will not disqualify the applicant. - Property must not have a tax value above $1 million. - Households at or below 60% of Area Median Income (AMI) - Homes occupied by seniors, families with children, or persons with disabilities - Long-term homeowners and households at risk of involuntary displacement - Residences in neighborhoods/areas of the City identified as vulnerable to displacement or disinvestment. This is not intended to exclude repairs in other parts of the City. - Health, safety, and critical repair needs. - Accessibility modifications, including ramps, grab bars, bathroom modifications, and supportive mobility upgrades. - Weatherization and energy-efficiency improvements, including insulation, air sealing, window/door repair or replacement, and HVAC efficiency upgrades. - Manufactured housing units are eligible, provided repairs comply with the city building code and local ordinances. - Emergency repairs when necessary to address immediate health or safety concerns. - The maximum assistance available per home is $40,000. - Awards up to $25,000 will be provided as grants. - Awards over $25,000 will be structured as 0% interest, deferred, forgivable loans for repairs of $25,000 or more, up to $40,000 - Loans will be forgiven in full if the homeowner remains in the home for 5 years after project completion - loan amount to be reduced by 20%/year until fully forgiven in year 5. - The forgivable loan may be transferred to a new and verified income-qualified household, including income-qualified family members. Committee(s): - Affordable Housing Advisory Committee - recommended approval with several changes. - All but the final recommendation have been incorporated into the final proposed policy - Policy Finance and Infrastructure Worksession - June 23, 2026 No vote taken. - Council heard the highlights of the policy and gave feedback that making it more flexible and better able to address a wider population was preferred. Fiscal Impact: - Approval of the staff recommendation to allocate $3 million of Affordable Housing Bond funds will reduce the available bond funds for other projects. Approximately $3.9 million will remain for allocation in the future.","c":"Housing","mo":"individual","mv":"Roney","sec":"Turner","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":20},{"d":"2026-07-28","mt":"regular","id":"VI-B","ref":"RES 26-161","it":"resolution","t":"Resolution supporting a comprehensive approach to minimizing displacement and supporting stability in neighborhoods adversely affected by and sensitive to local government action, private development, gentrification, and housing affordability","desc":"Background: - The City completed the Missing Middle Housing Study and Displacement Risk Assessment in November 2023 and the Affordable Housing Plan in September 2024. Both documents include recommendations to increase housing supply and affordability while protecting against displacement. - In response to Legacy Neighborhood Coalition (LNC) concerns about zoning amendments intended to promote housing on commercial property along transit corridors, City staff began meeting with representatives of the LNC in late 2025 to explore strategies to provide residents more opportunities to remain in the neighborhoods where they live and withstand social and economic change resulting from development pressures. - These initial meetings resulted in the development of six LNC Priority Action Areas and the Anti-Displacement and Affordable Housing (ADAH) Project. The LNC also recommended the City consider the development and adoption of an anti-displacement resolution. - The draft resolution was developed based on ADAH stakeholder engagement, best practices and adopted resolutions/ordinances from benchmarked cities, and the review of the City’s missing middle and affordable housing plans. - (1) Commitment to neighborhood stability: protect neighborhoods from displacement and support residents who wish to remain in their homes; (3) Addressing past harms: acknowledge the substantial harm caused to some individuals and neighborhoods through actions such as redlining, urban renewal, zoning actions, and the lack of protections in the face of development pressures that lead to displacement; (3) Data-drive framework: use objective data to identify areas most vulnerable to displacement and to guide mitigation solutions; (4) Comprehensive policy integration: assess existing housing tools, explore new policy-based protections, and incorporate anti-displacement measures into planning, zoning, and development review processes; and (5) Community focused engagement: prioritize community engagement and evaluation with particular attention to populations most vulnerable to displacement, including renters, low-income residents, and homeowners on fixed incomes. - Vice-Mayor Mosley said that the Legacy Neighborhood Coalition felt that there weren't sufficient measurable outcomes, so she suggested language be included in the resolution that the development of the organization's strategic plan including measurable milestones, expected outcomes, and a reporting structure. Committee(s): - Three individuals spoke in support of the anti-displacement resolution, with one comment noting the lack of a timeline for implementation.","c":"Housing","mo":"individual","mv":"Mosley","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1CqOgFolvIhJIj9G3Amr9kV2lbbhXYTEpHM38eqhmBpA/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":21},{"d":"2026-08-25","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the special meetings held on July 20, 2026, July 23, 2026, and combined minutes of the agenda briefing worksession held on July 23, 2026, and the formal meeting held on July 28, 2026","desc":"","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-08-25","mt":"regular","id":"B","ref":"RES 26-162","it":"resolution","t":"Resolution authorizing the City Manager to renew a contract with CDW-G for Amazon Web Services Cloud Computing Services","desc":"Background: - The City of Asheville IT Services has been modernizing the City's server room to create a hybrid environment that leverages both cloud service providers and our on-premises infrastructure. - This approach enables us to benefit from the advantages of the cloud while maintaining a physical hardware presence as we transition many major applications and operational functions to cloud-hosted solutions. - This provides better security and flexibility in provisioning resources as needed, as well as improves service to staff and the community with increased speed and resiliency. - Key city systems are managed using cloud computing services, including GIS, the City website, notification and permitting applications, identity and access tools, and more. - Previous Resolution: 25-213. Fiscal Impact: - Contract renewal with CDW-G for $120,000, the contract total not to exceed $395,000.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-08-25","mt":"regular","id":"C","ref":"RES 26-163","it":"resolution","t":"Resolution authorizing the City Manager to renew an Event Support Grant Agreement with the Asheville Area Arts Council for calendar years 2027, 2028 and 2029, to reimburse cultural and arts-related non-profit events for certain fees and charges","desc":"Background: - The City of Asheville has authority pursuant to Article 3 of Chapter 160A of the North Carolina General Statutes to enter into contracts for services with other entities; N.C.G.S. 160A-488 authorizes cities to provide funding for cultural and arts-related programming. - On August 22, 2023, City Council authorized the City Manager to execute an Event Support Grant Agreement with AAVL for calendar years 2024 … per Resolution 23-199 at a maximum value of $76,014 annually, $228,042 over a three-year contract period. - AAVL is the designated arts agency for Buncombe County by Resolution #21-07-13 and has been regranting state arts funding in Buncombe County since 1979 - The Event Support Grant Program assists eligible nonprofit event organizers by covering approved City event fees associated with producing free public events. Because grant funds are used to pay fees owed back to the City for services provided, the program operates with nearly a net-zero budget impact. - In 2024, the program supported nine events and event series; in 2025, it supported ten events and event series, all of which were successfully held and collectively served more than 117,000 participants. The 2026 grant cycle is still underway. To date, support has been extended to 20 events and event series through the Event Support Grant and Mini-Grant Pilot programs. - Staff recommends continuing the Mini-Grant, which repurposes unallocated Event Support Grant funds to provide a rolling funding opportunity for smaller eligible events - Due to the transition of the funding source to the Business Improvement District (BID) Municipal Service District sales tax allocation, Event Support Grants will be limited to eligible events occurring within the BID boundaries for any year in which the program is funded through BID sales tax revenues. Fiscal Impact: - Annual allocation of $76,014, consisting of $61,700 (88%) awarded directly as Event Support Grants, $7,404 (12%) retained for grant administration, and a 10% contingency of $6,910. The total annual funding shall not exceed $76,014, for a maximum of $228,042 over the three-year contract period.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-08-25","mt":"regular","id":"D","ref":"RES 26-164","it":"resolution","t":"Resolution authorizing the City Manager to amend the contract with Fiserv (ByPass Mobile) for two additional years of license and software support at Harrah's Cherokee Center - Asheville","desc":"Background: - The Harrah's Cherokee Center Asheville utilizes a point of sale system for concessions operations during events and for back of house inventory management in the food and beverage division. - The most recent hardware purchase and seven year software agreement was purchased in 2019 after a full RFP process following all City procurement and MWBE policies at the time. - New hardware was purchased in 2023 to replace the original hardware and the addition of 6 portable registers, at this time the contract had three remaining years. - The current City-owned hardware associated with the point of sale system has a useful life expectancy of an additional 2 years after review by the Information Services department. - This software contract extension will align software support with hardware useful life expectancy. Fiscal Impact: - Increase the amount by $50,000 for a new contract maximum amount of $287,911.","c":"Contracts & Procurement","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-08-25","mt":"regular","id":"E","ref":"RES 26-165","it":"resolution","t":"Resolution authorizing the City Manager to execute the 2026-2027 Buncombe County Funding Agreement for the allocation of funds to support the City of Asheville Leadership Academy program","desc":"Background: - The City of Asheville Youth Leadership Academy (CAYLA) is a program for high school students that focuses on career exploration, leadership development, and the acquisition of 21st-century job skills. CAYLA provides young people with work experience in Asheville - The CAYLA program also provides each graduating student with a $2,000 scholarship to support their continuing education at their higher learning institution of choice. These scholarships are disbursed by the Asheville City Schools Foundation (ACSF). - Buncombe County has been a key partner in this work and has provided financial support for the CAYLA program since 2018. - The authorization of this annual agreement with Buncombe County will allow the program to continue receiving this financial support. Fiscal Impact: - A funding agreement totaling $65,000 for CAYLA activities.","c":"Community Programs","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-08-25","mt":"regular","id":"F","ref":"RES 26-166 / RES 26-167 / ORD 5249","it":"resolution","t":"Resolution authorizing the City Manager to accept the U.S. Dept. of Housing & Urban Development Continuum of Care funding for Fiscal Year 2025; resolution authorizing the City Manager to ratify the Youth Homelessness Systems Improvement application and accept any funds awarded; and budget amendment for the Fiscal Year 2025 Continuum of Care Program","desc":"Background: - The Asheville-Buncombe Continuum of Care (CoC) is a community-based collaborative body responsible for homelessness in Asheville and Buncombe County. - The CoC has designated the City of Asheville as its Lead Agency and Homeless Management Information System (HMIS) Lead. The CoC Board has approved by vote the below activities. - CoCs are eligible to apply for federal funds for homelessness response through the U.S. Department of Housing and Urban Development (HUD) Continuum of Care Program. - As Lead Agency, the City is eligible for admin funds to offset staff costs through a Planning Grant. In our capacity as HMIS Lead, the City administers the HMIS Grant on the CoC's behalf - For Fiscal Year (FY) 2025 funds, HUD non-competitively renewed all awards from FY2024, including the City's Planning and HMIS Grants. … in the amounts of $102,043 (Planning) and $71,796 (HMIS) - HUD has also opened a Youth Homelessness funding opportunity, and the CoC Board has approved a City application for Youth Homelessness Systems Improvement. If awarded, this will add project management capacity in the Homeless Strategy Division … Applications were due August 10, 2026 and staff have submitted following CoC Board direction. This requested action ratifies the application and authorizes acceptance if awarded. Fiscal Impact: - Accept U.S. Department of Housing and Urban Development Continuum of Care funding for Fiscal Year 2025 in the amount of $173,839 and approve an associated budget amendment","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-08-25","mt":"regular","id":"G","ref":"RES 26-168","it":"resolution","t":"Resolution authorizing the City Manager to execute Memorandums of Agreement for internal projects for Community Development Block Grant - Disaster Recovery planning and infrastructure funding","desc":"Background: - The City of Asheville was allocated $225,010,000 in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds from the U.S. Department of Housing and Urban Development (HUD) on January 16, 2025. - The CDBG-DR Action Plan and Program Policies and Procedures Manuals outline the processes around competitive application processes, scoring criteria, and City Manager authority to approve award recommendations. - Following competitive internal application processes and presentations to the Policy, Finance and Infrastructure (PFI) Council Work Session in February and April 2026, five projects totaling $2,185,750 have been recommended for award under the CDBG-DR Planning Program, and two projects totaling $30,375,000 have been recommended for award under the CDBG-DR Infrastructure Program. - A third project under the CDBG-DR Infrastructure Program was also recommended for award to the Water Resources Department for the North Fork Water Treatment Plant rehabilitation effort for an original sum of $89,777,440 in February 2026, which was later reduced to $79,777,440 in June-July 2026 as part of the substantial amendment to the CDBG-DR Action Plan. The authority to sign the Memorandum of Agreement will be pursued at a later date. - CDBG-DR Infrastructure funding requests pertaining to the Resilience Hubs item will be brought to Council at a later date. Fiscal Impact: - Formal award and allocation of $2,185,750 in Planning project funds and $30,375,000 in Infrastructure project funds.","c":"Housing","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-08-25","mt":"regular","id":"H","ref":"ORD 5250","it":"ordinance","t":"Ordinance amending Sections 2-226 through 2-230 of the Code of Ordinances regarding the Grievance Procedure to align with NC Statute Section 8(b); and to adopt an administrative grievance policy and process that aligns with the ordinance","desc":"Background: - The Asheville City Code of Ordinances prescribes the grievance procedure available to City employees wishing to present an individual or group complaint for consideration by City administration. - The current Ordinance does not align with NC Statute Section 8(b); therefore, updates are needed to ensure that the City is in compliance. - The updated Ordinance will provide City employees with a delineated process by which their employment complaints may be considered promptly, fairly and without reprisal. - The ordinance repealing Chapter 2, Article IV, Division 3 of the City of Asheville Code of Ordinances in its entirety and replacing it with the proposed ordinance updating employee grievance procedures.","c":"Administrative","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-08-25","mt":"regular","id":"I","ref":"RES 26-169","it":"resolution","t":"Resolution approving the Fiscal Year (FY) 2025-26 Annual Tax Settlement and adopting the Order of Collection for FY 2026-27","desc":"Background: - Buncombe County has billed and collected City property taxes, including the City's fee charged for motor vehicles licenses, for many years. - In 2019, Buncombe County and the City of Asheville entered into an updated agreement for the County to continue billing and collecting property taxes under a revised fee structure through June 30, 2026. - In May 2025, City Council approved a three-year extension of the agreement under the same terms - In August 2023, City Council adopted an addendum to the agreement with provisions recommended by legal staff at the University of North Carolina School of Government to ensure full conformity to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - Pursuant to NCGS § 105-373, the Tax Collector must provide to City Council an annual settlement of property tax collected in the previous fiscal year for approval; and pursuant to NCGS § 105-321, following approval of the Tax Collector's Annual Settlement for the preceding year an Order of Collection to the Tax Collector must be adopted authorizing the collection of the current fiscal year property taxes. - Staff is recommending approval of both the Annual Settlement and the new year Order of Collection. - Allows the City to continue receiving tax revenue proceeds from the County while ensuring compliance with provisions of Chapter 105","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-08-25","mt":"regular","id":"IV-A","ref":"ORD 5254","it":"public_hearing","t":"Public hearing to rezone 23 Heritage Drive from RM-16 Residential Multi-Family High Density District to Highway Business District","desc":"Background: - The applicant requests a rezoning of a portion of the property from Residential Multi-Family High Density (RM-16) to the Highway Business (HB) district. - The subject property is currently split zoned along a line that follows from the zoning to the south of the subject parcel and divides the current parcel into HB and RM-16 zoning districts. - The area of the subject parcel that is split zoned was created prior to the enactment of the current districts as evidenced in plat 29-62 dated to 1952. - The parcel was acquired along with an abutting parcel by the Humane Alliance of WNC and then sold to the current owner in 2015. The subject property is currently in use by the American Society for the Prevention of Cruelty to Animals (\"ASPCA\"). - The applicant states that they wish to construct additional parking on the portion of the property zoned RM-16. This would effectively expand the footprint of the ASPCA operation, and therefore require a rezoning to a commercial zoning district. - The entire subject property is designated \"Urban Corridor\" on the city's Future Land Use (FLU) Map. A change to the FLU Map is not required. - Staff recommends approval of this rezoning request based on the reasons stated below. … The proposed rezoning supports the goals in the Living Asheville Comprehensive Plan, including: Encourage Responsible Growth … Facilitate Real Estate Development that Maximizes Public Benefit - This public hearing was advertised on August 14 and 21, 2026. Committee(s): - Planning and Zoning Commission August 5, 2026, Recommended Rezoning Approval: Unanimous vote. Pro(s): - Allows for the expansion of the current use consistent with the parcel and surrounding vicinity while providing a buffer to neighboring residential uses. Con(s): - None identified.","c":"Zoning & Land Use","mo":"public_hearing","mv":"Turner","sec":"Mosley","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":22},{"d":"2026-08-25","mt":"regular","id":"IV-B-a","ref":"ORD 5255","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance to permit duplexes as an allowed primary use in all residential and certain mixed-use zoning districts","desc":"Background: - Allows duplexes as a by-right use in the following districts where the use is not currently allowed: RS-2, RS-4, RS-8, NB, RAD-NT, RAD-LYH, RAD-RES - Revises the special requirements for Townhomes (Dwellings, townhouse) to allow a maximum of two attached townhomes in RS-2, RS-4 and RS-8; The townhouse changes are intended to allow a duplex to take advantage of the lot width, setback, and area requirements so that a duplex may be subdivided along with the land each unit occupies for ownership purposes. - From April of 2025 to April of 2026, the City received 18 applications to permit duplex construction. - This proposed amendment is supported by and promotes City-initiated but non-adopted plans and studies as follows: … Affordable Housing Plan (2024): Goal 3.2 … Missing Middle Housing Study (2023): Zoning Recommendation 4 - City staff held a stakeholder engagement event on May 20, 2026. This event included representation from neighborhood organizations (including Legacy Neighborhoods), home builders, realtors, and other stakeholder organizations. - The Planning & Zoning Commission recommended approval of the amendment with minor changes by a vote of 6-1. The changes recommended by the Planning & Zoning Commission have been incorporated into this request and were as follows: Removal of the existing restriction limiting a townhouse cluster size to 4 units within the RM6 zoning district; Removal of the existing restriction requiring townhouses to provide parking to the rear of the building unless a garage is provided. - All three public hearings were advertised on August 14 and 21, 2026. Mayor Manheimer said that these three Unified Development Ordinance (UDO) amendments will be combined into one public hearing; however, a separate vote will be taken on each ordinance. Committee(s): - Planning & Zoning Commission … June 3, 2026 … Heard Report - Planning & Zoning Commission … August 5, 2025 … Recommended Approval, Vote: 6-1","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Roney","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":23},{"d":"2026-08-25","mt":"regular","id":"IV-B-b","ref":"ORD 5256","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance to increase the maximum allowed size of accessory dwelling units","desc":"Background: - Increase the maximum allowable size of an ADU from 70% of the primary structure's gross floor area or 800 square feet (whichever is less) to a total area smaller than that of the principal residential structure or 1,000 square feet (whichever is less) - Eliminate the requirement for a parking space to be provided on-site for an ADU; Continue to allow ADUs in all residential zoning districts and neighborhood commercial districts; Create an allowance for one ADU to be built on a lot containing a duplex rather than just on a lot containing a detached single-family residence; Allow ADUs, but not other accessory structures except garages, to be placed in front of the primary structure, and Restrict the maximum allowed building height for a detached ADU to 25 feet. - In May of 2024, the Planning & Zoning Commission recommended approval of a similar amendment concerning \"Backyard Housing\" that included an allowance to increase the allowed size of an ADU to 1,000 square feet. - From April 2025 to April 2026, the City received 29 applications to build detached ADUs. - This proposed amendment is supported by and promotes City-initiated but non-adopted plans and studies as follows: … Affordable Housing Plan (2024): Goal 3.2 … Missing Middle Housing Study (2023): Policy Recommendation 2 … Zoning Recommendation 17 - Councilwoman Turner suggested that since the increase the maximum allowed size of an ADU is now 1,000 square feet (not 1,200 as staff recommended), she felt we should not have the hard cap of 25' in height but to continue the current provision that the maximum height can increase by one foot for every additional foot of setback provided from the minimum. … She could not support Councilwoman Turner's suggestion. Councilwoman Smith agreed with Vice-Mayor Mosley and felt we can revisit this conversation at a later date. … Councilman Hess respected the community and hoped we can all support the ADU amendment as proposed by staff. Committee(s): - Planning & Zoning Commission … June 3, 2026 … Heard Report - Planning & Zoning Commission … August 5, 2025 … Recommended Approval, Vote: 6-1","c":"Zoning & Land Use","mo":"public_hearing","mv":"Roney","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":24},{"d":"2026-08-25","mt":"regular","id":"IV-B-c","ref":"ORD 5257","it":"public_hearing","t":"Public hearing to consider an amendment to the Unified Development Ordinance to eliminate off-street parking requirements","desc":"Background: - Eliminate the requirement for a minimum number of parking spaces to be provided with all development in the City. Retain, but simplify, the regulations that set the maximum number of parking spaces allowed - This proposed amendment is in response to the recent passing of HB 162, which became state law on July 6, 2026. - North Carolina General Statutes (§ 160D-702) now prohibit local governments from requiring an off-street parking lot to meet a minimum number of parking spaces per development or structure, regardless of its use or occupancy. No exceptions are contained in the new general statute language for communities outside of the \"coastal area\" as defined in G.S. 113A-103. - Minimum bicycle parking standards remain in place. - City staff held a stakeholder engagement event on May 20, 2026. This event included representation from neighborhood organizations (including Legacy Neighborhoods), home builders, realtors, and other stakeholder organizations. Committee(s): - Planning & Zoning Commission … August 5, 2025 … Unanimous Approval, Vote: 7-0","c":"Zoning & Land Use","mo":"public_hearing","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":25},{"d":"2026-08-25","mt":"regular","id":"J","ref":"RES 26-170","it":"resolution","t":"Resolution authorizing the City Manager to execute contract amendments for the annual payments to Buncombe County for the Public Safety Interoperability System, Centralized Data Entry, and County Identification Bureau interlocal agreements","desc":"Background: - The City of Asheville and Buncombe County have interlocal agreements regarding the provision of certain joint public safety-related services. - The Public Safety Interoperability System, Centralized Data Entry information system and the Identification (ID) Bureau are all operated as County services. - Based on the interlocal agreements, the City pays 50% of the cost of the County Identification (ID) Bureau program, 31% of the PSIP program, and 29% of the CDE program. - Each year during the annual budget process, the County provides the City with estimates for the City's share of each program's cost. - The County bills the City quarterly based on actual expenses. Fiscal Impact: - For fiscal year 2026-27, the County estimates that the City's share of the PSIP will be $508,006, the City's share of the CDE will be $327,028 and the City's share of the ID Bureau will be $619,988.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-08-25","mt":"regular","id":"K","ref":"RES 26-171","it":"resolution","t":"Resolution ratifying the agreement for automatic aid service with Reems Creek Fire Department","desc":"Background: - In August 2013, City Council approved a resolution authorizing a multi-year agreement with Reem's Creek Fire Department for automatic aid service. - This agreement allows the City of Asheville to strengthen its standard of response and cover in the Beaverdam Valley, with the Reem's Creek Fire Department as the most appropriate organization to provide the service. - The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index. - On June 9, 2026 Asheville City Council adopted resolution 26-110 authorizing the City Manager to enter into this renewal agreement for $118,658.23. - Since the June Council approval, a new consumer price index (CPI) increase has gone into effect for July 2026. Because of the CPI increase, the cost of services for the Fiscal Year (FY) 2027 renewal has increased from $118,658.23 to $121,105.99, requiring an amendment to the previously authorized renewal agreement. - Pursuant to City policy, contracts and agreements valued at $90,000 or above require approval from City Council. - The term of the renewal agreement will end June 30, 2027. Fiscal Impact: - The renewal agreement for automatic aid service between the City of Asheville and Reems Creek Fire Department in an amount of $121,105.99.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":10},{"d":"2026-08-25","mt":"regular","id":"L","ref":"RES 26-172","it":"resolution","t":"Resolution adopting the Buncombe-Madison Regional Hazard Mitigation Plan","desc":"Background: - Local governments are vulnerable to an array of hazards that can cause loss of life and damage to public and private property, and seek ways to mitigate situations that may aggravate such circumstances. - Developing and implementing a hazard mitigation plan can result in actions that reduce the long-term risk to life and property from natural hazards. - Hazard mitigation techniques include both structural measures (strengthening or protecting buildings and infrastructure) and non-structural measures (adopting sound land-use policies and creating public awareness programs). - Under North Carolina General Statutes, Chapter 166A: North Carolina Emergency Management Act and Section 322: Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, approval of a hazard mitigation plan is required to remain eligible to receive state and federal assistance in the event of a declared disaster - In coordination with Buncombe and Madison Counties and the participating municipalities within those Counties (including the City of Asheville), a multi-jurisdictional hazard mitigation plan has been developed with input from the appropriate local and state officials. - The focus of the Buncombe Madison Regional Hazard Mitigation Plan is hazards considered to be high or moderate risks (determined from a detailed hazard risk assessment) - The City of Asheville has adopted a county-wide all-hazards mitigation plan since 2011 and the Buncombe Madison Regional Hazard Mitigation Plan since 2016. - North Carolina Emergency Management and the Federal Emergency Management Agency have reviewed the Buncombe Madison Regional Hazard Mitigation Plan for legislative compliance and have approved the plan, pending completion of local adoption procedures.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":11},{"d":"2026-08-25","mt":"regular","id":"M","ref":"ORD 5251","it":"ordinance","t":"Budget amendment, in the amount of $15,000, from Duke Energy for the purchase of forest fire protection shelters","desc":"Background: - On March 19, 2026, Duke Energy announced Emergency Response grants to help communities better prepare for severe weather, natural disasters, and emergency response challenges. - On July 29, 2026, the Asheville Fire Department was notified that it would receive a $15,000 grant to purchase forest fire protection shelters to support ongoing fire response and preparedness. - The purchase of forest fire protection shelters will be limited to the $15,000 grant award, and no additional City operating funds will be used to support the purchase. - Forest fire protection shelters serve as a critical last-resort safety tool designed to protect firefighters from extreme heat and flame exposure during complex wildland fire events Fiscal Impact: - Accept and appropriate the Duke Energy Emergency Response Grant","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":12},{"d":"2026-08-25","mt":"regular","id":"N","ref":"RES 26-173","it":"resolution","t":"Resolution authorizing the City Manager to enter into an agreement with the Town of Black Mountain wherein they support funding for Route 170 in Fiscal Year 2027","desc":"Background: - Asheville Rides Transit provides daily service between Downtown Asheville and Black Mountain via Route 170. - Black Mountain has provided $25,000 to support the cost of operating the route for the last three fiscal years and has agreed to provide $26,625 for Fiscal Year (FY) 27. - The increase of 6.5%, roughly reflects the cost increase of the City's transit contract over last year. - Ridership on this route has stayed consistent over the life of this agreement with a slight decrease in FY24 due to impacts from tropical storm Helene. Current ridership is showing signs of recovery. - An executed agreement is necessary to receive and expend the funds for transit operations. Fiscal Impact: - The total cost of operating the route is approximately $841,464 annually and the City received federal transit grant funding through the Job Access Reverse Commute (JARC) program from the French Broad River Metropolitan Planning Organization to pay for 50% of the cost to operate Route 170 for FY26. The Town of Black Mountain's contribution will help offset the non-grant funded portion of the operational cost of the route.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":13},{"d":"2026-08-25","mt":"regular","id":"O","ref":"RES 26-174","it":"resolution","t":"Resolution authorizing the City Manager to execute a planning and conceptual design contract with HR&A for the Asheville Rides Transit Place Project at 50 Asheland Avenue","desc":"Background: - The current Asheville Rides Transit (ART) facility has operated beyond its intended capacity for several years, resulting in operational inefficiencies and impacting the passenger experience. Furthermore, the constrained number of bus bays limits the system's potential for future growth, necessitating the expansion of the ART Transit Center. - In 2021, the City purchased 50 Asheland Avenue, the property adjacent to the existing ART Transit Center, for $2.5 million. Dogwood Health Trust provided $1.25 million toward the purchase of the property based on the City's commitment to incorporate affordable housing into the property's future use. - Also in 2021, the City applied for a Federal Transit Administration (FTA) Areas of Persistent Poverty (AOPP) Grant, to do planning, community engagement, conceptual design, and financial modeling for the site, calling it the \"ART Place Project\" with the intention of it becoming a mixed-use, transit-oriented development centered around an expanded Transit Center and affordable housing. - In 2022, the City was awarded $328,140 in federal funds from the AOPP grant. When combined with the local match (10%), the total project budget equals $364,600. - On March 6, 2026, the City issued a Request for Qualifications (RFQ) for planning and conceptual design services for ART Place. - This action seeks to execute a contract with HR&A and their team for those services, which will ultimately deliver conceptual designs alongside action-oriented steps to identify future funding and potential partnership models to bring the ART Place Project forward toward the next phase. Fiscal Impact: - A contract with HR&A Advisors, Inc., in an amount not to exceed $364,147","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":14},{"d":"2026-08-25","mt":"regular","id":"P","ref":"RES 26-175","it":"resolution","t":"Resolution authorizing the City Manager to amend the existing paratransit contract with Buncombe County to reflect an increase in funding for Fiscal Year 2026","desc":"Background: - The City of Asheville contracts with Buncombe County to provide the federally-required ADA Paratransit Services. - Resolution No. 22-100 authorized a total of $1,242,622 in paratransit costs for Fiscal Year 2026 to be added to the contract. However, the actual cost for Fiscal Year 2026 was $114,618.48 more than was originally estimated, for a total of $1,357,240.48. - The budget increase reflects the growing usage by individuals who meet and qualify under ADA paratransit service guidelines. - This service is mandated under federal requirements to ensure complementary paratransit service within ¾ of a mile of fixed-route transit services. The City of Asheville extends this service city-wide to all eligible individuals who meet ADA certification. Fiscal Impact: - Add $114,618.48 to the contract for Fiscal Year 2026 and bring the total cumulative contract value from $4,215,727.17 to $4,330,345.65.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":15},{"d":"2026-08-25","mt":"regular","id":"Q","ref":"RES 26-176","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Buncombe County for Americans with Disabilities Paratransit Services for Fiscal Year 2027","desc":"Background: - The City of Asheville contracts with Buncombe County to provide the federally-required ADA Paratransit Services. - The contract cost for FY27 is estimated to be a maximum of $1,500,000 and is based on the per-mile rate of $3.73 and anticipated number of service miles to be provided. - Funding to pay for the Paratransit Services contract is included in the Transit Operations Fund for FY27. - This service is mandated under federal requirements to ensure complementary paratransit service within ¾ of a mile of fixed-route transit services. Fiscal Impact: - Not to exceed $1,500,000 for Fiscal Year 2027.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":16},{"d":"2026-08-25","mt":"regular","id":"R","ref":"ORD 5252","it":"ordinance","t":"Budget amendment to add $584,124 to the General Capital Projects Fund to reflect revenue collected within the City's Sidewalk Fee-in-Lieu project, to be used for future design and construction of pedestrian improvements","desc":"Background: - Pedestrian facilities are fundamental public infrastructure that promotes safety, accessibility, and community vitality. - Section 7-11-8 (e) of the City of Asheville's Unified Development Ordinance enables the City to accept a proportional fee from a developer instead of requiring sidewalk construction on-site when such construction is impractical or disproportionately costly. - Section 7-11-8 (f) of the City of Asheville's Unified Development Ordinance requires that all fees collected by the City shall be expended only for the construction or rehabilitation of sidewalks or other pedestrian improvements in the city. - These funds will be prioritized for pedestrian and sidewalk improvements at intersections with complex geometry, pedestrian facilities in school zones, and to supplement pedestrian improvements administered by NC Department of Transportation. - Projects will consist of discrete, small-scale spot improvements potentially including, but not limited to, ADA-compliant curb ramps, crosswalks, traffic control devices such as signs or pavement markings, and short sections of sidewalk. Fiscal Impact: - Add $584,124 to the General Capital Projects Fund","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":17},{"d":"2026-08-25","mt":"regular","id":"S","ref":"RES 26-177","it":"resolution","t":"Resolution authorizing the City Manager to execute a contract amendment with Walker Consultants for additional professional services related to the capital repairs at the Harrah's Cherokee Center Asheville and Biltmore Avenue parking garages","desc":"Background: - The City identified the need for repairs and maintenance to the City's four parking garages (the Harrah's Cherokee Center Asheville (HCCA), Rankin Avenue, Wall Street and Biltmore Avenue garages), and advertised a Request for Qualifications (RFQ) on October 11, 2022 for facility assessment and engineering services for the Parking Garage Capital Improvements project. - An evaluation committee selected Walker Consultants as the most qualified respondent. The City awarded a contract to Walker Consultants on January 24, 2023. - Walker performed an onsite investigation and assessment of the City's four parking garages and provided a comprehensive assessment and capital planning report to City Council on November 14, 2023. - Immediate and high priority repairs were implemented through a contract amendment in May 2023 authorizing the engineering services to support those repairs; and an amendment authorizing engineering and construction administration for the primary structural and waterproofing repairs was authorized in July 2024. - The primary repairs are complete in the Wall Street and Rankin Avenue garages. The bid documents for the HCCA and Biltmore garages are currently in development, and near completion. - This amendment will add additional feasibility assessment, engineering and construction administration for the HCCA and Biltmore garages Fiscal Impact: - The contract value to date is $827,553. With the addition of this amendment the revised contract not-to-exceed amount will increase to $936,153. The Parking Garage Capital Repairs total project budget is $11.3 million.","c":"Transportation","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":18},{"d":"2026-08-25","mt":"regular","id":"T","ref":"RES 26-178 / ORD 5253","it":"resolution","t":"Resolution authorizing the City Manager to accept the U.S. Dept. of Justice 2025 Edward Byrne Justice Assistance Grant and execute all documents associated with the grant, and budget amendment in the City's Special Revenue Fund in the amount of $80,898","desc":"Background: - The City of Asheville receives an annual opportunity to apply for a Department of Justice (DOJ) Edward Byrne Justice Assistance Grant. - The DOJ has determined that the Asheville Police Department (APD) is eligible to receive a 2025 award of $80,898.00, which is allocated to the APD and the Buncombe County Sheriff's Office in the amounts of $67,053 and $13,845, respectively. - APD will use the funds to purchase and install 28 new Cradlepoint devices and antennas in 28 police vehicles to replace outdated equipment. Cradlepoint devices are rugged, vehicle-mounted Wi-Fi routers that use LTE cellular data to create a secure local network inside police vehicles. - Buncombe County will use the funds to purchase new camera equipment, existing equipment conversions, external flashes, and new infrared equipment for the Crime Scene Unit Fiscal Impact: - Budget amendment in the City's Special Revenue Fund in the amount of $80,898.00.","c":"Public Safety","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":19},{"d":"2026-08-25","mt":"regular","id":"U","ref":"RES 26-179","it":"resolution","t":"Resolution authorizing the City Manager to submit an application for funding from the N.C. Dept. of Environmental Quality Division of Waste Management Debris Recovery & Disposal Grant Program; to accept said grant funds if awarded; and enter into any agreement documents necessary for such acceptance","desc":"Background: - The NC Department of Environmental Quality's Division of Waste Management is accepting applications for the Debris Recovery & Disposal (DRD) grant program to help Western North Carolina communities clean up additional debris left by Hurricane Helene (DR-4827). - Funded by the U.S. Environmental Protection Agency (EPA) through the American Relief Act of 2025, the DRD program provides up to $18 million in total grants to local governments, councils of government, and non-governmental organizations. - The program allows for a maximum grant award of up to $3,000,000 per applicant and requires no local matching funds. - Eligible project activities include the collection and disposal of non-hazardous debris from private or public properties, clearing and managing debris from streambanks, floodplains, farmland, and local parks, and improving the resiliency of solid waste and recycling infrastructure. - The deadline to apply is September 14, 2026. Awarded projects must be completed within three years. - There are several remaining properties within the City that were not addressed as part of the original debris removal efforts. This application will focus on those unmet needs.","c":"Environment & Sustainability","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":20},{"d":"2026-08-25","mt":"regular","id":"V","ref":"","it":"motion","t":"Monthly municipal property tax refunds or releases per North Carolina General Statute section 105-381","desc":"Background: - Buncombe County currently bills and collects City property taxes - At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. - As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners. - City of Asheville refunds and releases for July 2026 are included in the document.","c":"Budget & Finance","mo":"consent_batch","mv":"Turner","sec":"Ullman","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":21},{"d":"2026-08-25","mt":"regular","id":"VI-A","ref":"RES 26-180","it":"resolution","t":"Resolution calling for the City of Asheville's Manager to terminate the City's contract with Flock","desc":"Background: - The City of Asheville operates eleven (11) automated license plate readers utilizing technology provided by Flock Safety (\"Flock Technology\") pursuant to a contract with Flock Safety - Flock Technology captures and stores information concerning vehicles traveling on public roadways and may permit that information to be searched, analyzed, or shared for law-enforcement purposes - City Council recognizes that technology can be an important tool for investigating serious crimes and protecting public safety, but also recognizes the legitimate concerns raised by residents regarding privacy, data retention, data sharing, government surveillance, and access to information collected by Flock Technology - City Council desires additional opportunity to evaluate the City's use of Flock Technology, including the circumstances under which Flock Technology data may be collected, retained, searched, accessed, or shared with other governmental or law-enforcement agencies - Mayor Manheimer said that the City's charter prohibits City Council directing the Asheville Police Department (APD) on how to do their job, but City Council appoints the City Manager and that is why the City Manager has been directed to terminate the Flock contract. - Interim Chief Jackie Stepp said that we do have a records retention schedule and Flock is currently 21 days and anything beyond 21 days will be automatically purged. We can no longer access it. It is gone. Anything that is an active case investigation has been uploaded into evidence.com Fiscal Impact: - Resolution calling for the City of Asheville's Manager to terminate the City's contract with Flock","c":"Public Safety","mo":"individual","mv":"Roney","sec":"Turner","r":"passed","ta":"5-2","cf":"high","u":"https://docs.google.com/document/d/1wVG0jftidT2WUasy7Edl4yMoYLkmQGlmwZ64Q1BUmZ8/edit?usp=drive_link","mat":1,"mr":"contested vote","sq":26},{"d":"2026-09-08","mt":"regular","id":"A","ref":"","it":"other","t":"Approval of the minutes of the special meeting held on August 25, 2026; combined minutes of the agenda briefing worksession held on August 20, 2026, and the formal meeting held on August 25, 2026","desc":"","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":0},{"d":"2026-09-08","mt":"regular","id":"B","ref":"RES 26-181 / ORD 5258","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with Opticos Design, Inc. to develop an update to the Living Asheville Comprehensive Plan and new development regulations, including the Unified Development Ordinance, and Standard Specifications and Details Manual; and approval of an associated budget amendment to transfer funds to the Special Revenue Fund for the contract","desc":"Background: - After a competitive selection process, City staff has negotiated a contract with Opticos Design, Inc. to serve as the primary vendor for the Comprehensive Plan Update and Development Code Rewrite project. - The project scope encompasses project management, inclusive community engagement through the process of: - A data- and trend-driven update to the City’s Comprehensive Plan … A comprehensive review and redrafting of the Unified Development Ordinance … A comprehensive review of the Standard Specifications & Details Manual - The schedule for the contractor’s work, including implementation/training after the code adoption, is 2.5 years, with work concluding on the comprehensive plan and UDO completing in October of 2027. - Work related to the initial update of the City’s Standard Specifications & Details Manual will be completed in March 2028. - In order to align with the project's available funding, three tasks have been moved to additional tasks that can be undertaken if funding should become available. Those tasks are: - Adoption and Implementation Support … Updates to Downtown and River District Design Guidelines … Creation and publishing of draft and final versions of the City’s SSDM Document Fiscal Impact: - The total contracted cost of this project is not to exceed $1,403,000 funded as follows: - $1,200,000 from CDBG-DR Award Funds … $203,000 from the City’s Stormwater Enterprise Funds - Budget amendment for the contract with Opticos Designs Inc.","c":"Zoning & Land Use","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":1},{"d":"2026-09-08","mt":"regular","id":"C","ref":"RES 26-182","it":"resolution","t":"Resolution to permit the possession and consumption of malt beverages and/or unfortified wine at Oktoberfest on October 3, 2026","desc":"Background: - N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on public streets and property owned, occupied, or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events. - The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival. - The Asheville Downtown Association has requested that City Council permit them to serve beer and/or unfortified wine at Oktoberfest on October 3, 2026, on Coxe Avenue, and to allow consumption at the event. - Alcohol boundaries are defined as per the accompanying event site maps. Approval would allow fundraising opportunities for the sponsoring nonprofit organizations. Fiscal Impact: - No negative fiscal impacts have been identified.","c":"Administrative","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":2},{"d":"2026-09-08","mt":"regular","id":"D","ref":"ORD 5259","it":"ordinance","t":"Budget amendment in the amount of $4.2M for additional Helene Disaster Recovery and Response expenses, funded with Federal and State Emergency Management Agency reimbursements, to fund upcoming expenses such as a temporary bridge for Gashes Creek and a recent obligation for Parks content replacements and grants management costs; and transfer $105,000 in donations from the Special Revenue Fund to the General Capital Projects Fund to support the temporary skating rink project","desc":"Background: - The City has and will continue to incur expenses related to TS Helene Disaster Recovery and Response. - To date City Council has approved Helene-related budgets totaling $219.5M. - This budget has been utilized to fund expenses related to Helene that include costs from the initial response, ongoing staff expenses, permanent work projects and the contract with Hagerty Consulting. - Spending authority from these prior Helene-related budget amendments is nearing full utilization, so additional budget is needed in order to meet State Statute requirements related to pre-audits and budget authorizations - In addition, the City received a donation of $105,000 to support temporary recreational facilities after TS Helene. The donation was originally budgeted in the Special Revenue Fund. Fiscal Impact: - Staff is recommending that Council amend the Helene budget by $4.2M to fund upcoming expenses such as a temporary bridge for Gashes Greek and a recent obligation for Parks content replacements and grants management costs. - This action will move funds into the General Capital Projects Fund to provide materials for the temporary skating rink project.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":3},{"d":"2026-09-08","mt":"regular","id":"E","ref":"RES 26-183","it":"resolution","t":"Resolution authorizing the City Manager to enter into a contract with City Collective, LLC to develop a Master Plan for land in the Deaverview neighborhood owned by the City of Asheville and Housing Authority of the City of Asheville","desc":"Background: - The City of Asheville owns a 21-acre property located at 65 Ford Street and a 16-acre property located adjacent to Pisgah View Road. The Housing Authority of the City of Asheville (HACA) owns approximately 20 acres of property located at 275 Deaverview Road, which is currently home to Deaverview Apartments, a 160-unit public housing development. - Deaverview Apartments were originally constructed in 1971 and HACA wishes to construct new housing units to replace the existing Deaverview Public Housing Community, and to do so in a manner that requires the residents of Deaverview to relocate only one time. - The City's properties are located in close proximity to the current Deaverview Apartment site, which altogether encompasses over 50 acres. - PEAK Academy wishes to develop a high-quality, community-centered public school on a suitable site that allows for an innovative, safe and accessible campus designed to serve Asheville's diverse students and families - The City, HACA and PEAK (the Parties) have executed a Memorandum of Understanding that establishes the framework for a joint planning effort for the development of these properties that will serve to benefit the residents of the Deaverview Apartments and the greater Deaverview community. - The Parties wish to develop a master plan that includes a mixed-income housing strategy (affordable and market rate/rental and homeownership), educational and recreational facilities, and wellness (community and supportive services). - The implementation of the Master Plan, which may include property acquisition or disposition, infrastructure improvements, additional specific plans for construction and development (including the selection process for development and construction team for the City Property), and funding agreements, shall be subject to future City Council, HACA Board of Directors and PEAK Academy Board of Directors approval; - A competitive Request for Proposals (RFP) process was undertaken in which proposals were received from June 16, 2026 to July 16, 2026 and a total of 10 proposals were received. - Following a scoring process of the proposals received and interviews with the highest scoring firms, City Collective, LLC was selected as the most qualified firm to develop the Deaverview Master Plan. - Once a contract is executed, it is expected that the planning process will be undertaken in phases over the next 18 months, including meeting with stakeholders and community members early and throughout the entire planning process. Fiscal Impact: - The City of Asheville was awarded $225M in CDBG-DR funding following the devastating effects of Tropical Storm Helene, of which a portion was set aside for Planning activities. - Following a competitive internal project selection process, the development of a Deaverview Master Plan was selected to be supported with CDBG-DR Planning funds. - in an amount not to exceed $399,800 to develop a Master Plan for land in the Deaverview neighborhood","c":"Housing","mo":"individual","mv":"Hess","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":10},{"d":"2026-09-08","mt":"regular","id":"E-recuse-Mosley","ref":"","it":"motion","t":"Motion to recuse Vice-Mayor Mosley from participating in the City Collective, LLC Deaverview Master Plan contract (Consent Item E) due to a conflict of interest","desc":"","c":"Administrative","mo":"procedural","mv":"Turner","sec":"Roney","r":"unanimous","ta":"6-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":9},{"d":"2026-09-08","mt":"regular","id":"F","ref":"RES 26-184","it":"resolution","t":"Resolution authorizing the City Manager to execute the agreement with the Asheville City Schools Foundation for the disbursement of college scholarship funds to graduating seniors from the City of Asheville Youth Leadership Academy","desc":"Background: - The City of Asheville Youth Leadership Academy (CAYLA) is a program for high school students that focuses on career exploration, leadership development, and the acquisition of 21st-century job skills. CAYLA provides young people with work experience in Asheville, helping them develop their future careers. - Established in 2007, the CAYLA program has been sustained by financial support from both Buncombe County and the City of Asheville. - The CAYLA program also provides each graduating student with a $2,000 scholarship to support their continuing education at their higher learning institution of choice. These scholarships are disbursed by the ACSF. - Asheville City Schools Foundation has been a key partner in providing scholarship payments and support for the CAYLA program since 2016. - Although the ACSF agreement has operated under a five-year term for the past five years, it will transition to a one-year contract moving forward to better streamline the process. - As an essential partner in this initiative, Buncombe County provides financial support for the CAYLA program through a separate agreement. Currently, the county provides a total of $65,000 towards the scholarship program. - The funding received from Buncombe County is transferred to the Asheville City Schools Foundation via this agreement. Fiscal Impact: - The City has agreed to commit $54,500 to support the scholarship program that will provide CAYLA graduates with a $2,000 scholarship.","c":"Economic Development","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":4},{"d":"2026-09-08","mt":"regular","id":"G","ref":"RES 26-185 / ORD 5260","it":"resolution","t":"Resolution ratifying the grant application and award acceptance from the U.S. Dept. of Homeland Security 2024 Homeland Security Grant Program for the Barricade Trailer Project; and associated budget amendment","desc":"Background: - Public Works previously applied for and was awarded $25,000 via the US Department of Homeland Security’s (DHS) Fiscal Year 2024 Homeland Security Grant Program (HSGP), which is administered by the State of North Carolina Emergency Management (NCEM): Grant #EMW-2023-SS-00034. A Memorandum of Agreement, MOA #24HSGP034, was executed by NCEM. - Shortly after the grant was awarded, a state of emergency went into effect in Asheville on September 25, 2024 related to Tropical Storm Helene. Due to the focus on emergency response and recovery work, the grant funds were not utilized at that time. - NCEM provided confirmation that the grant period of performance extends through February 28, 2027. Grant funds must be expended no later than that date, and requests for reimbursement must be submitted no later than March 31, 2027. - Public Works intends to use the funds for the Barricade Trailer Project, which entails the purchase of a Multiple Event Response Trailer (MERT) and barricades for emergency management purposes … to close off roads, delineate/divert traffic, and establish perimeters to protect people, property, and the environment. - The internal process for applying for and accepting grant funds has changed since the application was originally submitted and the grant funds were awarded. Therefore, to ensure compliance with all current policies and any applicable statutes and regulations, Public Works is requesting ratification of the grant application and award acceptance prior to utilizing the grant funds. Fiscal Impact: - A budget amendment is requested to add the $25,000 grant award to the Special Revenue Fund so that those funds may be utilized.","c":"Public Safety","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":5},{"d":"2026-09-08","mt":"regular","id":"H","ref":"RES 26-186","it":"resolution","t":"Resolution authorizing the City Manager to enter into the Fiscal Year 2027 N.C. Dept. of Transportation State Maintenance Assistance Program funding agreement","desc":"Background: - State Maintenance Assistance Program (SMAP) is a non-competitive formula grant awarded annually to eligible municipalities operating a fixed-route transit system in a designated urbanized area. To qualify, recipients must meet specific NCDOT criteria: - Funds are restricted to operating and maintenance expenses - Funding disbursements cannot exceed total local operating contributions - Funds cannot be used to match other state funding programs - The City of Asheville annually receives SMAP funds from the NCDOT to support necessary maintenance activities of the ART transit system. - This includes preventative maintenance of the City’s transit fleet, equipment, and facilities. Fiscal Impact: - Once granted, the SMAP Program will provide $1,104,732 in grant funds for FY 2027 to the City to support transit maintenance. - This represents a 0.59% increase relative to the $1,098,253 allocation received by the City for Fiscal Year 2026.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":6},{"d":"2026-09-08","mt":"regular","id":"I","ref":"RES 26-187","it":"resolution","t":"Resolution authorizing the City Manager to submit an application to the Fiscal Year 2026 Federal Transit Administration Low or No Emission Grant Program to construct a new Asheville Rides Transit Operations and Maintenance Facility","desc":"Background: - The Federal Transit Administration recently announced the opportunity to apply for approximately $589 million in competitive grants for the Fiscal Year 2026 Low or No Emission Grant Program (Low-No Program). - Eligible projects for the Low-No Program are capital projects and purchases that support the reduction of carbon emissions. One of the types of eligible projects is to construct new public transportation facilities to support low or no emission vehicles, such as operations and maintenance facilities. - There has been a long-standing need to replace the existing transit maintenance facility at 360 West Haywood Street. The 2021 ART Maintenance Programming Report and Site Analysis Study found that ART’s operations already exceed the facility’s capacity and that expansion at the existing site is neither feasible nor cost-effective due the age of the building and its current configuration. - The 2021 study determined that a future facility would require approximately 6.8 to 13.9 acres, depending on its configuration, and identified the 8.76-acre City-owned property at 224 Louisiana Avenue as a strong candidate for a new transit maintenance facility given its size and that it is located less than three miles from the downtown ART Station - The application will include a scalable,phased plan in the event the fully requested amount is not able to be awarded - Pursuit of the grant does not authorize final design or construction. - The deadline for submitting the grant is September 21, 2026. - HDR, Inc. has been contracted to assist Transportation staff with preparation of the grant application. Fiscal Impact: - The total project has an estimated cost of $60 million, including environmental review, preliminary engineering, community engagement, design, permitting, and construction. - Therefore, the City will be preparing a grant application for the Low-No Program requesting $48 million in federal funding with a required match of 20%, or $12 million. - A significant portion of the required 20% in matching funds has already been included in the City’s General Capital Improvement Project (CIP) Fund in Fiscal Years 28 and 29 ($300,000 and $4,800,000, respectively). - If funding is awarded, staff would return to the City Council to budget the grant funds and the remaining match amount in the CIP, and then all future required project approvals.","c":"Transportation","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":7},{"d":"2026-09-08","mt":"regular","id":"J","ref":"RES 26-188","it":"resolution","t":"Resolution authorizing the City Manager to submit an application to the Dogwood Health Trust Leverage Fund for grant development assistance, to accept grant funds if awarded, and enter into any agreement documents necessary for such acceptance","desc":"Background: - The Dogwood Health Trust Leverage Fund provides eligible public and non-profit entities in Western North Carolina (WNC) with grant writing assistance to pursue competitive federal, state, and private foundation grants. - Under expanded Hurricane Relief Eligibility rules, municipalities with annual operating budgets over $5 million located in the 12 counties most impacted by Hurricane Helene (including Buncombe County) are eligible for Leverage Fund services. - The City of Asheville operates with an annual operating budget of approximately $275,700,000. - The application window opens on January 20, 2026, and closes at 5:00 PM ET on October 2, 2026, operating on a rolling review basis. - The City of Asheville has previously applied for Dogwood Health Trust funding, but is seeking Leverage Fund grant writing support to prepare complex federal applications such as FEMA HMGP applications and to pursue additional funding to address unmet needs in recovery such as debris removal, infrastructure and parks.","c":"Budget & Finance","mo":"consent_batch","mv":"Roney","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":0,"mr":"routine motion type","sq":8},{"d":"2026-09-08","mt":"regular","id":"VI-A-a","ref":"","it":"motion","t":"Motion to amend the proposed Section 4-209(c) tenant-protection ordinance so the prohibition on collecting rent applies only upon issuance of an order prepared in accordance with Section 4-217(b)","desc":"Background: - City Attorney Branham suggested the following be added at the end of the sentence as follows: “... exist, and upon the issuance of an order prepared in accordance with Section 4-217 (b)”. - Currently, if an inspector is asked to perform an inspection on a property and they find that there is a problem, they will issue a notice of violation and an opportunity for the landlord to fix the violation. The landlord also has the opportunity to be heard. - If this condition is not remedied, the inspector can issue an order. At that point, this ordinance will be triggered, which says that a tenant is not obligated to pay rent if the order has been entered. - She noted though, that North Carolina legislation preempts cities and counties, largely, from regulating residential rentals. - There is a statute (state law) that says the tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":11},{"d":"2026-09-08","mt":"regular","id":"VI-A-b","ref":"ORD 5261","it":"ordinance","t":"Ordinance amending Chapter 4 of the Code of Ordinances of the City of Asheville by adding a new Section 4-209(c) in order to provide additional protections for tenants from unsafe dwelling conditions","desc":"Background: - The Asheville Area Tenants Union is requesting the City Council consider an amendment to the Asheville Housing Code to make it unlawful to collect rent if a dwelling contains a life safety/unsafe condition. - This action will add new and heightened protections for tenants exposed to unsafe conditions. - These protections are intended to assist tenants stay in their homes while ensuring that those dwellings are safe and fit for habitation. - Four other North Carolina municipalities have enacted similar amendments to their housing codes. This includes Charlotte, Pineville, Pittsboro, and most recently Durham. - Staff is supporting the development of agenda materials, but this ordinance is not staff initiated nor is staff providing a recommendation. - Eight individuals spoke in support of the proposed ordinance, with one requesting that mold be included as a condition to render a dwelling unfit for human occupancy. - there is currently no recognized national standard at the federal or state level for a safe and unsafe level of mold. - the code enforcement officer shall give priority enforcement to any dwelling that falls within the provisions of Section 4-209. - The motion made by Councilwoman Ullman and seconded by Councilwoman Turner carried unanimously.","c":"Housing","mo":"individual","mv":"Ullman","sec":"Turner","r":"unanimous","ta":"7-0","cf":"high","u":"https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit?usp=drive_link","mat":1,"mr":"ordinance/rezoning","sq":12}],"votes":{"0":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"1":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"2":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"3":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"4":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"5":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"6":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"7":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"8":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"9":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"10":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"11":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"12":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"13":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"14":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"15":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"16":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"17":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"18":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"19":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"20":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"21":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"22":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"23":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"24":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"25":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"26":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"27":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"28":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"29":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"30":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"31":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"32":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"33":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"34":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"35":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"36":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"37":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"38":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"39":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"40":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"41":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"42":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"43":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"44":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"45":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"46":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"47":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"48":{"Haynes":"n","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"49":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"50":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"51":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"52":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"53":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"54":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"55":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"56":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"57":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"58":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"59":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"60":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"61":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"62":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"63":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"64":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"65":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"66":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"67":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"68":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"69":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"70":{"Haynes":"n","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"n","Wisler":"y","Young":"n"},"71":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"72":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"73":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"74":{"Haynes":"y","Kapoor":"y","Manheimer":"a","Mayfield":"y","Smith":"a","Wisler":"y","Young":"a"},"75":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"76":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"77":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"78":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"79":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"80":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"81":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"82":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"83":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"84":{"Haynes":"n","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"n","Wisler":"y","Young":"n"},"85":{"Haynes":"n","Kapoor":"n","Manheimer":"n","Mayfield":"n","Smith":"y","Wisler":"n","Young":"y"},"86":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"87":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"88":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"89":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"90":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"91":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"92":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"93":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"94":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"95":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"96":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"97":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"98":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"99":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"100":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"101":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"102":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"103":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"104":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"105":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"106":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"107":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"108":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"109":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"a","Wisler":"y","Young":"y"},"110":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"111":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"112":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"113":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"114":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"115":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"116":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"117":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"118":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"119":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"120":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"121":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"122":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"123":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"124":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"125":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"126":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"127":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"128":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"129":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"130":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"131":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"132":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"133":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"134":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"135":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"136":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"137":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"138":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"139":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"140":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"141":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"142":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"143":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"144":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"145":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"146":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"147":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"148":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"149":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"150":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"151":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"152":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"153":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"154":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"155":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"156":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"157":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"158":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"159":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"160":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"161":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"162":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"163":{"Haynes":"n","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"164":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"165":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"166":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"167":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"168":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"169":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"170":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"171":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"172":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"173":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"174":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"175":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"176":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"177":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"178":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"179":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"180":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"181":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"182":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"183":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"184":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"185":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"186":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"187":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"188":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"189":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"190":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"191":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"192":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"193":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"194":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"195":{"Haynes":"y","Kapoor":"n","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"196":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"197":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"198":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"199":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"200":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"201":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"202":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"203":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"204":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"205":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"206":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"207":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"208":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"209":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"210":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"n"},"211":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"212":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"213":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"214":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"215":{"Haynes":"y","Kapoor":"n","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"n","Young":"y"},"216":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"217":{"Haynes":"y","Kapoor":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"218":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"219":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"220":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"221":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"222":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"223":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"224":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"225":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"226":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"227":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"228":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"229":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"230":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"231":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"232":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"233":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"234":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"235":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"236":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"237":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"238":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"239":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"240":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"241":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"242":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"243":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"244":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"245":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"246":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"247":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"248":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"249":{"Haynes":"n","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"n"},"250":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"251":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"252":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"253":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"254":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"255":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"256":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"257":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"258":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"259":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Smith":"y","Wisler":"y","Young":"y"},"260":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"261":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"262":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"263":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"264":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"265":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"266":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"267":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"268":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"269":{"Haynes":"y","Manheimer":"r","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"270":{"Haynes":"y","Manheimer":"r","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"271":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"272":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"n","Young":"y"},"273":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"274":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"275":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"276":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"277":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"278":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"279":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"280":{"Haynes":"n","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"n","Wisler":"y","Young":"y"},"281":{"Haynes":"y","Manheimer":"n","Mayfield":"n","Mosley":"n","Smith":"y","Wisler":"n","Young":"n"},"282":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"283":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"284":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"285":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"286":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"287":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"288":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"289":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"290":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"291":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"292":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"293":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"294":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"295":{"Haynes":"y","Manheimer":"r","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"296":{"Haynes":"y","Manheimer":"r","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"297":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"298":{"Haynes":"n","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"299":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"300":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"301":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"302":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"303":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"304":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"305":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"306":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"307":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"308":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"309":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"310":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"311":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"312":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"313":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"314":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"315":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"316":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"317":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"318":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"319":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"320":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"321":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"322":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"323":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"324":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"325":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"326":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"327":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"328":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"329":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"330":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"331":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"332":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"333":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"334":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"335":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"336":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"337":{"Haynes":"y","Manheimer":"y","Mayfield":"y","Mosley":"y","Smith":"y","Wisler":"y","Young":"y"},"338":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"339":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"340":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"341":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"342":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"343":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"344":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"345":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"346":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"347":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"348":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"349":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"350":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"351":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"352":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"353":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"354":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"355":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"356":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"357":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"358":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"359":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"360":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"361":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"362":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"363":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"364":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"365":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"366":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"367":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"368":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"369":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"370":{"Kilgore":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"371":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"372":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"373":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"374":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"375":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"376":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"377":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"378":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"379":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"380":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"381":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"382":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"383":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"384":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"385":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"386":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"387":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"388":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"389":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"390":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"391":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"392":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"393":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"394":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"395":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"396":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"397":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"398":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"399":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"400":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"401":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"402":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"403":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"404":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"405":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"406":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"407":{"Kilgore":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"x","Wisler":"x"},"408":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Wisler":"y"},"409":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Wisler":"y"},"410":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"411":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"412":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"413":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"414":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"415":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"416":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Wisler":"y"},"417":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Wisler":"y"},"418":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"419":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"420":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"421":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"422":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"423":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"424":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"425":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"426":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"427":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"428":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"429":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"430":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"431":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"432":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"433":{"Kilgore":"n","Manheimer":"n","Mosley":"n","Roney":"y","Smith":"y","Turner":"n","Wisler":"n"},"434":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"435":{"Kilgore":"n","Manheimer":"n","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Wisler":"n"},"436":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"437":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"438":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"439":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"440":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"441":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"442":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"443":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"444":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"445":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"446":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"447":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"448":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"449":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"450":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"451":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"452":{"Kilgore":"y","Manheimer":"n","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"453":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Wisler":"y"},"454":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"455":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"456":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"457":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"458":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"459":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"460":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"461":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"462":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"463":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"464":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"465":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"466":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"467":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"468":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"469":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"470":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"471":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"472":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"473":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"474":{"Kilgore":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"475":{"Kilgore":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"476":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"477":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"478":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"479":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"480":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"481":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"482":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"483":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"484":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"485":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"486":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"487":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"488":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"489":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"490":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"491":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"492":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"493":{"Kilgore":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"x","Wisler":"x"},"494":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"495":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"496":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"497":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"498":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"499":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"500":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"501":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"502":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"503":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"504":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"505":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"506":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"507":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"508":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"509":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"510":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"511":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"512":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"513":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"514":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"515":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"516":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"517":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"518":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"519":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"520":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"521":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"522":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"523":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"524":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"525":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"526":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"527":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"528":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"529":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"530":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"531":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"532":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"533":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"534":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"535":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"536":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"537":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"538":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"539":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"540":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"541":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"542":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"543":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"544":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"545":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"546":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"547":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"548":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"549":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"550":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"551":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"552":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"553":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"554":{"Kilgore":"y","Manheimer":"y","Mosley":"r","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"555":{"Kilgore":"y","Manheimer":"y","Mosley":"r","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"556":{"Kilgore":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"x","Wisler":"x"},"557":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"558":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"559":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"560":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"561":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"562":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"563":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"564":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"565":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"566":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"567":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"568":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"569":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"570":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"571":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"572":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"573":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"574":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"575":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"576":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"577":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"578":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"579":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"580":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"581":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"582":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"583":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"584":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"585":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"586":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"587":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"588":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"589":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"590":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"591":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"592":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"593":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"594":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"595":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"596":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"597":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"598":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"599":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"600":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"601":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"602":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"603":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"604":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"605":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"606":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"607":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"608":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"609":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"610":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"611":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"612":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"613":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"614":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"615":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Wisler":"y"},"616":{"Kilgore":"n","Manheimer":"n","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Wisler":"n"},"617":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"618":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"619":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"620":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"621":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"622":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"623":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"624":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"625":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"626":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"627":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"628":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"629":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"630":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"631":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"632":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"633":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"634":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"635":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"636":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"637":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"638":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"639":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Wisler":"y"},"640":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Wisler":"y"},"641":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"642":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"643":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"644":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"645":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"646":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"647":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"648":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"649":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"650":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"651":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"652":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"653":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"654":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"655":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"656":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"657":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"658":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"659":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"660":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"661":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"662":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"663":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"664":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"665":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"666":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"667":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"668":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"669":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"670":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"671":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"672":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"673":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"674":{"Kilgore":"n","Manheimer":"r","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"675":{"Kilgore":"n","Manheimer":"r","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"676":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"677":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"678":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"679":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"680":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"681":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"682":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"683":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"684":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"685":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"686":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"687":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"688":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"689":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"690":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"691":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"692":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"693":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"694":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"695":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"696":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"697":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"698":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"699":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"700":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"701":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"702":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"703":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"704":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"705":{"Kilgore":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"b","Wisler":"b"},"706":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"707":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"708":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"709":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"710":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"711":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"712":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"713":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"714":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"715":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"716":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"717":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"718":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"719":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"720":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"721":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"722":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"723":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"724":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"725":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"726":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"727":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"728":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"729":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"730":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"731":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"732":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"733":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"734":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"735":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"736":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"737":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"738":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"739":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"740":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"741":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"742":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"743":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"744":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"745":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"746":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"747":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"748":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Wisler":"y"},"749":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"750":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"751":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"752":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"753":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"754":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"755":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"756":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"757":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"758":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"759":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"760":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"761":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"762":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"763":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"764":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"765":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"766":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"767":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"768":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"769":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"770":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"771":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"772":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"773":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"774":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"775":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"776":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"777":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"778":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"779":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"780":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"781":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"782":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"783":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"784":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"785":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"786":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"787":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"788":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"789":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"790":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"n"},"791":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"792":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"793":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"794":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"795":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"796":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"797":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"798":{"Kilgore":"y","Manheimer":"n","Mosley":"n","Roney":"y","Smith":"y","Turner":"n","Wisler":"y"},"799":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"800":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"801":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"802":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"803":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"804":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"805":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"806":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"807":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"808":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"809":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"810":{"Kilgore":"y","Manheimer":"n","Mosley":"y","Roney":"n","Smith":"n","Turner":"n","Wisler":"n"},"811":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"812":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"813":{"Kilgore":"n","Manheimer":"n","Mosley":"n","Roney":"y","Smith":"y","Turner":"n","Wisler":"y"},"814":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"815":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"816":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"817":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"818":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"819":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"820":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"n","Turner":"y","Wisler":"y"},"821":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"822":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"823":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"824":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"825":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"826":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"827":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"828":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"829":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"830":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"831":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"832":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"833":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"834":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"835":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"836":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"837":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"838":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"839":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"840":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"841":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"842":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"843":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"844":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"845":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"846":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"847":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"848":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"849":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"850":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"851":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"852":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"853":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"854":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"855":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"856":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"857":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"858":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"859":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"860":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"861":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"862":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"863":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"864":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"865":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"866":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"867":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"868":{"Kilgore":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"869":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"y","Turner":"n","Wisler":"y"},"870":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"871":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"872":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"873":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"874":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"875":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"876":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"877":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"878":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"879":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"880":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"881":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"882":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"883":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"884":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"885":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"886":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"887":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Wisler":"n"},"888":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Wisler":"n"},"889":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"890":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"891":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"892":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"893":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"894":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"895":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"896":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"897":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"898":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"899":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"900":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"901":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"902":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"903":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"904":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"905":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"906":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"907":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"908":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"909":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"910":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"911":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"912":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"913":{"Kilgore":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"914":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"915":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"916":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"917":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"918":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"919":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"920":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"921":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"922":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"923":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"924":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"925":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"926":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"927":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"928":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"929":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"930":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"931":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Wisler":"y"},"932":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"933":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"934":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"935":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"936":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"937":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"938":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"939":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"940":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"941":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"942":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"943":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"944":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"945":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"946":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"947":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"948":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"949":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"950":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"951":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"952":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"953":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"954":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"955":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"956":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"957":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"958":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Wisler":"y"},"959":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"r","Wisler":"y"},"960":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"961":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"962":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"963":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"964":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"965":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"966":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"967":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"968":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"969":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"970":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"971":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"972":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"973":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"974":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"975":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"976":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"977":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"978":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"979":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"980":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"981":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"982":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"983":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"984":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"985":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"986":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"987":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"988":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"989":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"990":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"991":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"992":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"993":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"994":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"n","Turner":"y","Wisler":"y"},"995":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"996":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"997":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"998":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"999":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1000":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1001":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1002":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1003":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1004":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1005":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1006":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1007":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1008":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1009":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"n"},"1010":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1011":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1012":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1013":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1014":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"1015":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"1016":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1017":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1018":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1019":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1020":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1021":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1022":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1023":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1024":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1025":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1026":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1027":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"1028":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"1029":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1030":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1031":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1032":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1033":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1034":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1035":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1036":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1037":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1038":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1039":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1040":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1041":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1042":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1043":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1044":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1045":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1046":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1047":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1048":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1049":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1050":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1051":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1052":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1053":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1054":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1055":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1056":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1057":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1058":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1059":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1060":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"1061":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1062":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1063":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1064":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1065":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1066":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1067":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1068":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1069":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1070":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1071":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1072":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1073":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1074":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1075":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1076":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1077":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1078":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Wisler":"y"},"1079":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1080":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1081":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1082":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1083":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1084":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1085":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1086":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1087":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1088":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1089":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1090":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1091":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1092":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1093":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1094":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1095":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1096":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1097":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1098":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1099":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1100":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1101":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1102":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1103":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1104":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1105":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Wisler":"y"},"1106":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1107":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1108":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1109":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1110":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1111":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1112":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1113":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1114":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1115":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1116":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1117":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1118":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1119":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1120":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1121":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1122":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1123":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1124":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1125":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1126":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1127":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1128":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1129":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1130":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1131":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1132":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1133":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1134":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1135":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1136":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1137":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1138":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1139":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1140":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1141":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1142":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1143":{"Kilgore":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"a","Ullman":"b"},"1144":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1145":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1146":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1147":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1148":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1149":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1150":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1151":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1152":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1153":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1154":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1155":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"a","Turner":"a","Ullman":"y"},"1156":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1157":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1158":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1159":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1160":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1161":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"1162":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1163":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1164":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1165":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1166":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1167":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1168":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1169":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1170":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1171":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1172":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1173":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1174":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1175":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1176":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1177":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1178":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"n"},"1179":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1180":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1181":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1182":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1183":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1184":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1185":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1186":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1187":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1188":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1189":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1190":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1191":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1192":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1193":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1194":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1195":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1196":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1197":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1198":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1199":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1200":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1201":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1202":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1203":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1204":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1205":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1206":{"Kilgore":"a","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"b","Ullman":"b"},"1207":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1208":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1209":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1210":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1211":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1212":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1213":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1214":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1215":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1216":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1217":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1218":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1219":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1220":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1221":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1222":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1223":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1224":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1225":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1226":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1227":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1228":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1229":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1230":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1231":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1232":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1233":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1234":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1235":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1236":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1237":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1238":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1239":{"Kilgore":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"a","Ullman":"x"},"1240":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1241":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1242":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1243":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1244":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1245":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1246":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1247":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1248":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1249":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1250":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1251":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1252":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1253":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1254":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1255":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1256":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1257":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1258":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1259":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1260":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1261":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1262":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1263":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Ullman":"y"},"1264":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1265":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1266":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1267":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1268":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1269":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1270":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1271":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1272":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1273":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1274":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1275":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1276":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1277":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1278":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1279":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1280":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1281":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1282":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1283":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1284":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1285":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1286":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1287":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1288":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1289":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1290":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1291":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1292":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1293":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1294":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1295":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1296":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1297":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1298":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1299":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1300":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1301":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1302":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1303":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1304":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1305":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1306":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1307":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1308":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1309":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1310":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1311":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1312":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1313":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"1314":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"1315":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"1316":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"1317":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"1318":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1319":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1320":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1321":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1322":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1323":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1324":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1325":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1326":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1327":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1328":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1329":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1330":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1331":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1332":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1333":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1334":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1335":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1336":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1337":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1338":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1339":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1340":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1341":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1342":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1343":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1344":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1345":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1346":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1347":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1348":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1349":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1350":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1351":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1352":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1353":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1354":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1355":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1356":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1357":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1358":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1359":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1360":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1361":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1362":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1363":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1364":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1365":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1366":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1367":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1368":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Ullman":"y"},"1369":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1370":{"Kilgore":"n","Manheimer":"n","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"n"},"1371":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1372":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1373":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1374":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1375":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1376":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1377":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1378":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1379":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1380":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1381":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1382":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1383":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1384":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1385":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1386":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1387":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1388":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1389":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1390":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1391":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1392":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1393":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1394":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1395":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1396":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1397":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1398":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1399":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1400":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1401":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1402":{"Kilgore":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"b","Ullman":"b"},"1403":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1404":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1405":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1406":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1407":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1408":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1409":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1410":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1411":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1412":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1413":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1414":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1415":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1416":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1417":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1418":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1419":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"1420":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1421":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1422":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1423":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1424":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1425":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1426":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1427":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1428":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1429":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1430":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1431":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1432":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1433":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1434":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1435":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1436":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1437":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1438":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1439":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1440":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1441":{"Kilgore":"n","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Ullman":"y"},"1442":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"n"},"1443":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1444":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1445":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1446":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1447":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1448":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1449":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1450":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1451":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1452":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1453":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1454":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1455":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1456":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1457":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1458":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1459":{"Kilgore":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"x","Ullman":"x"},"1460":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1461":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1462":{"Kilgore":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"x","Ullman":"x"},"1463":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1464":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1465":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"y"},"1466":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1467":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1468":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"y"},"1469":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1470":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1471":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1472":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1473":{"Kilgore":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"b","Ullman":"b"},"1474":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1475":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1476":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1477":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1478":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1479":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1480":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1481":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1482":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1483":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1484":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1485":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1486":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1487":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1488":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1489":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1490":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1491":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1492":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1493":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1494":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1495":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1496":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1497":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1498":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1499":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1500":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1501":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1502":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1503":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1504":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1505":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"y"},"1506":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1507":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1508":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1509":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1510":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1511":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1512":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1513":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1514":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1515":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1516":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1517":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1518":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1519":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1520":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1521":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1522":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1523":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1524":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1525":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1526":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"a","Ullman":"n"},"1527":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1528":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1529":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1530":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1531":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1532":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1533":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1534":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1535":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1536":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1537":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1538":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1539":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1540":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1541":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1542":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1543":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"a","Ullman":"y"},"1544":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1545":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1546":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1547":{"Kilgore":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"a","Ullman":"x"},"1548":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1549":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1550":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1551":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1552":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1553":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1554":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1555":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1556":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1557":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1558":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1559":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1560":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1561":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1562":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1563":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1564":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1565":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1566":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"a","Ullman":"y"},"1567":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1568":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1569":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1570":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1571":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1572":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1573":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1574":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1575":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1576":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1577":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1578":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1579":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1580":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1581":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1582":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1583":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1584":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1585":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1586":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1587":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1588":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1589":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1590":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1591":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1592":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1593":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1594":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1595":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1596":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Ullman":"n"},"1597":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1598":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Ullman":"y"},"1599":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1600":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1601":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1602":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1603":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1604":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1605":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1606":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1607":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1608":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1609":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1610":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1611":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1612":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1613":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1614":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1615":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1616":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1617":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1618":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1619":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1620":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1621":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1622":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1623":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1624":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1625":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1626":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1627":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1628":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1629":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1630":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1631":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1632":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1633":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1634":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1635":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1636":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1637":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1638":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1639":{"Kilgore":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1640":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1641":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1642":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1643":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1644":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1645":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1646":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"a","Turner":"y","Ullman":"y"},"1647":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1648":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1649":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"a","Turner":"y","Ullman":"y"},"1650":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1651":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1652":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1653":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"a","Turner":"y","Ullman":"y"},"1654":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1655":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1656":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1657":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1658":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1659":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1660":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1661":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1662":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"a"},"1663":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1664":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1665":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1666":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"a"},"1667":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1668":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"a"},"1669":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1670":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"1671":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1672":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1673":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1674":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1675":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1676":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1677":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1678":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1679":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1680":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"1681":{"Kilgore":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1682":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"1683":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1684":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1685":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1686":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1687":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1688":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1689":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1690":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1691":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1692":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1693":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1694":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1695":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1696":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1697":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1698":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1699":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1700":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1701":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1702":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1703":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1704":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1705":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1706":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1707":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1708":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1709":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1710":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1711":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1712":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1713":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1714":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1715":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1716":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1717":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1718":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1719":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1720":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1721":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1722":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1723":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1724":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1725":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1726":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1727":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1728":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1729":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1730":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1731":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1732":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1733":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1734":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1735":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1736":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1737":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1738":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1739":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1740":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1741":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1742":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1743":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"a","Turner":"y","Ullman":"y"},"1744":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1745":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1746":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1747":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1748":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1749":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1750":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1751":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1752":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1753":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1754":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1755":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1756":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1757":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1758":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1759":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1760":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1761":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1762":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1763":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1764":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1765":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1766":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1767":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1768":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1769":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1770":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1771":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1772":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1773":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1774":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1775":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1776":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1777":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1778":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1779":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"a","Turner":"y","Ullman":"y"},"1780":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1781":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1782":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1783":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1784":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"a","Turner":"y","Ullman":"n"},"1785":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1786":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1787":{"Kilgore":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"a","Turner":"b","Ullman":"b"},"1788":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1789":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1790":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1791":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1792":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1793":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1794":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1795":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1796":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1797":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1798":{"Kilgore":"r","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1799":{"Kilgore":"r","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1800":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1801":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1802":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1803":{"Kilgore":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1804":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1805":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1806":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1807":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1808":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1809":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1810":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1811":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1812":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1813":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1814":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1815":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1816":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1817":{"Kilgore":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1818":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1819":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1820":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1821":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1822":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1823":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1824":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1825":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1826":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1827":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1828":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1829":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1830":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1831":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1832":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1833":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1834":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1835":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1836":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1837":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1838":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1839":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1840":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1841":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1842":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1843":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1844":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1845":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1846":{"Kilgore":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1847":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1848":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1849":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1850":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1851":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1852":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1853":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1854":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1855":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1856":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1857":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1858":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1859":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1860":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1861":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1862":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1863":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1864":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1865":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1866":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1867":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1868":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1869":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1870":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1871":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1872":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1873":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1874":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1875":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1876":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1877":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1878":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1879":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1880":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1881":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1882":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1883":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1884":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1885":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1886":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1887":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1888":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1889":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1890":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1891":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1892":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1893":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"a","Ullman":"y"},"1894":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1895":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1896":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1897":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1898":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1899":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1900":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1901":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1902":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1903":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1904":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1905":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1906":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1907":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1908":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1909":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"1910":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1911":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1912":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1913":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1914":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1915":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1916":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1917":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1918":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1919":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1920":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1921":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1922":{"Hess":"y","Manheimer":"n","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"n"},"1923":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1924":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1925":{"Hess":"y","Manheimer":"n","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"n"},"1926":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1927":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1928":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1929":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1930":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1931":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1932":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1933":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1934":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1935":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1936":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1937":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1938":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1939":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1940":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"n"},"1941":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1942":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1943":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1944":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1945":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1946":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1947":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1948":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1949":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1950":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1951":{"Hess":"n","Manheimer":"n","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"n"},"1952":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1953":{"Hess":"n","Manheimer":"n","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"n"},"1954":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1955":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1956":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"1957":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1958":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1959":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1960":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1961":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1962":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1963":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1964":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1965":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1966":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1967":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1968":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1969":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1970":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1971":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1972":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1973":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1974":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1975":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1976":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1977":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1978":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1979":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1980":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1981":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1982":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1983":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1984":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1985":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1986":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1987":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1988":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1989":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1990":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"1991":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1992":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1993":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1994":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1995":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1996":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1997":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"1998":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"1999":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2000":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2001":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2002":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2003":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2004":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2005":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2006":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2007":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2008":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2009":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2010":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2011":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2012":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2013":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2014":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2015":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2016":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2017":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2018":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2019":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2020":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2021":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2022":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2023":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2024":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2025":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2026":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2027":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2028":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2029":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2030":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2031":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2032":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2033":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2034":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2035":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2036":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2037":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2038":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2039":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2040":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2041":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2042":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2043":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2044":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2045":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2046":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2047":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2048":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2049":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2050":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2051":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2052":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2053":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2054":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2055":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2056":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2057":{"Hess":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2058":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"2059":{"Hess":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2060":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"2061":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2062":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2063":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2064":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2065":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2066":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2067":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2068":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2069":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2070":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2071":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2072":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2073":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2074":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2075":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2076":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2077":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2078":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2079":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2080":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2081":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2082":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2083":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2084":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2085":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2086":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2087":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2088":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2089":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2090":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2091":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Ullman":"a"},"2092":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2093":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2094":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2095":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2096":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2097":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2098":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2099":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2100":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2101":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2102":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2103":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2104":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2105":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2106":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2107":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2108":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2109":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2110":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2111":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2112":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2113":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2114":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2115":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2116":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2117":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2118":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2119":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2120":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2121":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2122":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2123":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"y"},"2124":{"Hess":"n","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2125":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2126":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2127":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2128":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2129":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2130":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2131":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2132":{"Hess":"n","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2133":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2134":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2135":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2136":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2137":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2138":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2139":{"Hess":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2140":{"Hess":"y","Manheimer":"n","Mosley":"n","Roney":"y","Smith":"n","Turner":"n","Ullman":"n"},"2141":{"Hess":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"b","Ullman":"b"},"2142":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2143":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2144":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2145":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2146":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"2147":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"a","Ullman":"y"},"2148":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2149":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2150":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2151":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2152":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2153":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2154":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2155":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2156":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2157":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2158":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2159":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2160":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2161":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2162":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2163":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2164":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2165":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2166":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2167":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2168":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2169":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2170":{"Hess":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2171":{"Hess":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2172":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2173":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2174":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2175":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2176":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2177":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2178":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2179":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2180":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2181":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2182":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2183":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2184":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2185":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2186":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2187":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2188":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Ullman":"y"},"2189":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2190":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2191":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2192":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2193":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2194":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2195":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2196":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2197":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"2198":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2199":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2200":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2201":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2202":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2203":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2204":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2205":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2206":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2207":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2208":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2209":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2210":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2211":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2212":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2213":{"Hess":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2214":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2215":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2216":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2217":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2218":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2219":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2220":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2221":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2222":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"n","Turner":"y","Ullman":"y"},"2223":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2224":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2225":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2226":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2227":{"Hess":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"b","Ullman":"b"},"2228":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2229":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2230":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2231":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2232":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2233":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2234":{"Hess":"b","Manheimer":"b","Mosley":"b","Roney":"b","Smith":"b","Turner":"b","Ullman":"b"},"2235":{"Hess":"y","Manheimer":"y","Mosley":"a","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2236":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2237":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"a"},"2238":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"a","Smith":"y","Turner":"y","Ullman":"y"},"2239":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2240":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2241":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2242":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2243":{"Hess":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2244":{"Hess":"a","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2245":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2246":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2247":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2248":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2249":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2250":{"Hess":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"x","Ullman":"x"},"2251":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2252":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2253":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2254":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2255":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2256":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"y"},"2257":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2258":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2259":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2260":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2261":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2262":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2263":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2264":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2265":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2266":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2267":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2268":{"Hess":"y","Manheimer":"y","Mosley":"a","Roney":"y","Smith":"a","Turner":"y","Ullman":"a"},"2269":{"Hess":"y","Manheimer":"y","Mosley":"a","Roney":"y","Smith":"a","Turner":"y","Ullman":"a"},"2270":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2271":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2272":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2273":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2274":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2275":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2276":{"Hess":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"a","Turner":"x","Ullman":"x"},"2277":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2278":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2279":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2280":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2281":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2282":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2283":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2284":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2285":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2286":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2287":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2288":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2289":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2290":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2291":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2292":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2293":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2294":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2295":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2296":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"a","Turner":"y","Ullman":"y"},"2297":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2298":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2299":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2300":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2301":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2302":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"a","Ullman":"y"},"2303":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2304":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2305":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2306":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2307":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2308":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2309":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2310":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2311":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2312":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2313":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2314":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2315":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2316":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2317":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2318":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2319":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2320":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2321":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2322":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2323":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2324":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2325":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2326":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2327":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2328":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2329":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2330":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2331":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2332":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2333":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2334":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2335":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2336":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2337":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2338":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2339":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2340":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2341":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2342":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2343":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2344":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2345":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2346":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2347":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2348":{"Hess":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2349":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2350":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2351":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Ullman":"y"},"2352":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2353":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2354":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2355":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2356":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2357":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2358":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2359":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2360":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2361":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2362":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2363":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2364":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2365":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2366":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2367":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2368":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2369":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2370":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2371":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2372":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2373":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2374":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2375":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2376":{"Hess":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2377":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2378":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"n","Turner":"n","Ullman":"y"},"2379":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2380":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2381":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2382":{"Hess":"x","Manheimer":"x","Mosley":"x","Roney":"x","Smith":"x","Turner":"x","Ullman":"x"},"2383":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2384":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2385":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2386":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2387":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2388":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2389":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2390":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2391":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2392":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2393":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2394":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2395":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2396":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2397":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2398":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2399":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2400":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2401":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2402":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2403":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2404":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2405":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2406":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2407":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2408":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2409":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2410":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2411":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2412":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2413":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2414":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2415":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2416":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2417":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2418":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2419":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2420":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2421":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2422":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2423":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2424":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2425":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2426":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2427":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2428":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2429":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2430":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2431":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2432":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2433":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2434":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"y"},"2435":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2436":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2437":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2438":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2439":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2440":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2441":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2442":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2443":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2444":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2445":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2446":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2447":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2448":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2449":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2450":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2451":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2452":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2453":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2454":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2455":{"Hess":"n","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2456":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"n","Smith":"y","Turner":"n","Ullman":"y"},"2457":{"Hess":"y","Manheimer":"r","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2458":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"r","Ullman":"y"},"2459":{"Hess":"y","Manheimer":"a","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2460":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"a","Ullman":"y"},"2461":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2462":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"n","Ullman":"y"},"2463":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2464":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2465":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2466":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2467":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2468":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2469":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2470":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2471":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2472":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2473":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2474":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2475":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2476":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2477":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2478":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2479":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2480":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2481":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2482":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2483":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2484":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2485":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2486":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2487":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2488":{"Hess":"n","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2489":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2490":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2491":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2492":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2493":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2494":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2495":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2496":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2497":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2498":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2499":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2500":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2501":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2502":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2503":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2504":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2505":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2506":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2507":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"y","Ullman":"a"},"2508":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2509":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2510":{"Hess":"n","Manheimer":"n","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Ullman":"a"},"2511":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"n","Smith":"y","Turner":"n","Ullman":"a"},"2512":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2513":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2514":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2515":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2516":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2517":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2518":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2519":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2520":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"a"},"2521":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2522":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2523":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2524":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2525":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2526":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2527":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2528":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2529":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2530":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2531":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2532":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2533":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2534":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2535":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2536":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2537":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2538":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2539":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2540":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2541":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2542":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2543":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2544":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2545":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2546":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2547":{"Hess":"y","Manheimer":"y","Mosley":"n","Roney":"y","Smith":"n","Turner":"y","Ullman":"y"},"2548":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2549":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2550":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2551":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2552":{"Hess":"y","Manheimer":"y","Mosley":"r","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2553":{"Hess":"y","Manheimer":"y","Mosley":"r","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2554":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2555":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2556":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2557":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2558":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2559":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"},"2560":{"Hess":"y","Manheimer":"y","Mosley":"y","Roney":"y","Smith":"y","Turner":"y","Ullman":"y"}}}